40-11-301 - Part definitions. - Tennessee Statutes

40-11-301. Part definitions.

As used in this part, unless the context otherwise requires:

     (1)  “Available capacity” is a professional bondsman's capacity reduced by the total amount of bail, expressed in dollars, which the professional bondsman has outstanding and from which the professional bondsman has not been released.

     (2)  “Capacity” is the total amount of bail, expressed in dollars, on which a professional bondsman may act as surety.

     (3)  “Equity in real estate” is determined by taking the fair market value of the real estate and subtracting from that value all outstanding liens and encumbrances. For purposes of establishing fair market value, either the county property assessor's appraisal or an opinion of value from a licensed real estate broker may be used.

     (4)  (A)  “Professional bondsman” means any person, firm, partnership or corporation, engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, in criminal proceedings, or for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine, imprisonment or death, before any of the courts of this state, including municipal courts or securing the payment of fines, judgments or damages imposed and of costs assessed by those courts upon preliminary or final disposition thereof.

          (B)  “Professional bondsman” or “bondsman” extends to and includes the agents, representatives or employees of a professional bondsman, or those acting for the bondsman, whether with or without compensation or salary. The business of a professional bondsman shall be limited to the acts, transactions and undertakings enumerated in subsection (a) and to no others.

[Acts 1939, ch. 199, § 1; C. Supp. 1950, § 11715.1; T.C.A. (orig. ed.), § 40-1401; Acts 1983, ch. 16, §§ 1-3; 1984, ch. 760, § 1; 1985, ch. 394, § 1; 2003, ch. 303, § 3.]