40-11-309 - Fixing of cases prohibited. - Tennessee Statutes

40-11-309. Fixing of cases prohibited.

(a)  It is unlawful for any professional bondsman to do or perform any act, engage in any negotiations, enter into any agreement or transaction, pay or give any money or other thing of value or offer or attempt to do so directly or indirectly, whether alone, or by or through others acting for the bondsman, or in the bondsman's behalf or in concert with others, or at the bondsman's instance or request, or whether with or without consideration, as surety or otherwise, with the intent, purpose or design of:

     (1)  Effecting, procuring, bringing about, arranging for or “fixing” the disposition, dismissal or compromise of any criminal action or prosecution or of arranging, bargaining for, or “fixing” the amount of fine or costs, and/or term of imprisonment or for any particular action of a court, judge, grand or petit jury or prosecuting attorney, in any criminal case, contempt proceeding or other penal action or offense before any court;

     (2)  Stopping, preventing, obstructing, impeding, interfering with, retarding or delaying the prosecution of any criminal charge against an accused, or the processes of law in respect thereof;

     (3)  Procuring sheriffs or their deputies, constables, police officers or other peace officers or any prosecutor of criminal offenses or violations to abandon or withdraw from the prosecution of the offenses or violations;

     (4)  Procuring witnesses to disappear or be concealed;

     (5)  Arranging for the loss or disappearance of bonds, court papers, exhibits or other evidence in criminal cases; or

     (6)  Doing or performing any other act to accomplish the disposition and dismissal of any charge against an accused person by any other means whatever than through the processes and agencies established by law.

(b)  Nothing in this section shall deny to any professional bondsman or deprive the bondsman of the right and privilege of presenting to the court any matters affecting the legal liability of the bondsman as surety for an accused in any case where the question of liability is before the court for consideration or disposition.

(c)  Nothing in this section shall be construed as conferring upon any professional bondsman the right to appear for or on behalf of an accused as an attorney at law in any action, suit, transaction or dealing with or before the court, whether in open court or at chambers.

[Acts 1939, ch. 199, § 6; C. Supp. 1950, § 11715.6; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-1409.]