Appeal asks whether missed NCIC entry frees bondsman from forfeiture under Tenn. Code §40-11-139(d)

During an appeal hearing, attorneys disputed whether the state’s failure to place a defendant on national law‑enforcement databases relieves a bail bondsman of financial liability under Tennessee Code Annotated §40‑11‑139(d).

The dispute centers on whether the statutory phrase that a surety is “relieved of any undertaking” applies to the monetary bail obligation when the state does not enter the defendant on NCIC or other available state or federal databases within the statutory period. The issue matters for bonding companies and courts because it affects when a bondsman can avoid payment after a defendant’s failure to appear.

Ronald Coleman, counsel for the state, urged the court to affirm the trial court’s denial of the surety’s request for relief. “This court should affirm the court’s denial, or this court’s order of final forfeiture because the surety failed to provide good cause,” Coleman said, arguing the surety did not carry its burden to prove the statutory prerequisite had been met.

Appellate counsel for the surety, Mr. Mosley,…