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Latest Action: 05/02/2008 - Placed on Senate Regular Calendar (1) Calendar for 05/07/2008
Bill TextConstitutional Amendments - Proposes to amend Article VI, Section 14, to authorize the general assembly to prescribe, by law, the maximum fine that may be imposed without the right to a jury trial; provided, however, such maximum fine may not exceed five hundred dollars. - Fiscal Summary for *SJR0724Increase State Expenditures - $20,000 One-Time Bill Summary for *SJR0724 ON APRIL 29, 2008, THE SENATE COMPLETED THE FIRST READING OF SENATE JOINT RESOLUTION 724. ON MAY 7, 2008, THE SENATE COMPLETED THE SECOND READING OF SENATE JOINT RESOLUTION 724. |
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Latest Action: 04/17/2008 - Assigned to Gen. Sub of: Senate Jud Comm.
Bill TextConstitutional Amendments - Proposes to amend Article VI, Section 14, to provide that the general assembly shall prescribe by law the maximum fine that may, absent waiver, be assessed without a jury. - Fiscal Summary for *SJR0723Increase State Expenditures - $20,000 One-Time |
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Latest Action: 02/07/2008 - Passed second consideration, caption bill, held on desk - pending amdt.
Bill TextCompanion Bill SB4190. Handgun Permits - Requires persons charged with felonies to surrender handgun carry permit pending disposition of criminal charges, persons charged with certain felonies can petition for hearing on suspension of permit. - Amends TCA Title 8; 38; 39; 40 and 55. Fiscal Summary for *HB4192 / SB4190Increase State Expenditures - Not Significant Increase Local Expenditures - Not Significant Bill Summary for *HB4192 / SB4190 This bill requires that upon receipt of information that an applicant for, or holder of, a handgun carry permit does not meet the eligibility requirements for such permit, the department of safety review the arrest records with the arresting agency and any records of conviction with the court of conviction to determine if the applicant or holder meets the eligibility requirements for issuance of a [...] show full description |
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Latest Action: 02/04/2008 - Passed second consideration, Referred to Senate Jud Comm.
Bill TextCompanion Bill HB4192. Handgun Permits - Requires persons charged with felonies to surrender handgun carry permit pending disposition of criminal charges, persons charged with certain felonies can petition for hearing on suspension of permit. - Amends TCA Title 8; 38; 39; 40 and 55. Fiscal Summary for SB4190 / *HB4192Increase State Expenditures - Not Significant Increase Local Expenditures - Not Significant Bill Summary for SB4190 / *HB4192 This bill requires that upon receipt of information that an applicant for, or holder of, a handgun carry permit does not meet the eligibility requirements for such permit, the department of safety review the arrest records with the arresting agency and any records of conviction with the court of conviction to determine if the applicant or holder meets the eligibility requirements for issuance of a [...] show full description |
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Latest Action: 05/01/2008 - Action Deferred in Children and Family Affairs Committee to summer study
Bill TextJuveniles - Abolishes juvenile records task force after it submits its final findings and recommendations to general assembly and governor, not later than May 1, 2008. - Amends TCA Title 8, Chapter 4 and Title 37, Chapter 1. Fiscal Summary for *HB3937 / SB4030Decrease State Expenditures - $3,300 Decrease Local Expenditures - $1,800 |
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Latest Action: 05/02/2008 - Placed on Senate Regular Calendar (1) Calendar for 05/07/2008
Bill TextJuveniles - Abolishes juvenile records task force after it submits its final findings and recommendations to general assembly and governor, not later than May 1, 2008. - Amends TCA Title 8, Chapter 4 and Title 37, Chapter 1. Fiscal Summary for SB4030 / *HB3937Decrease State Expenditures - $3,300 Decrease Local Expenditures - $1,800 |
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Latest Action: 02/12/2008 - Assigned to Subcommittee Criminal Practice and Procedure of JUD
Bill TextCriminal Offenses - Creates Class C misdemeanor offense for obstructing entrance to, or exit from, a state-owned building punishable only by a fine between $1,000 and $10,000; authorizes peace officer to issue citation in lieu of arrest for violation. - Amends TCA Title 39 and Title 40. Fiscal Summary for HB3979 / *SB3777Increase State Revenue - Not Significant Increase State Expenditures - Not Significant |
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Latest Action: 05/02/2008 - Enrolled and ready for signatures
Bill TextCompanion Bill HB4200. Medical Occupations - Creates Tennessee medical examiner advisory council, makes various changes to the Post-Mortem Examination Act. - Amends TCA Title 38, Chapter 7. Fiscal Summary for SB4201 / *HB4200Increase State Expenditures - $60,000 (Funding of $60,000 is included in the Governors FY08-09 Recommended Budget) Bill Summary for SB4201 / *HB4200 This bill makes various changes and additions to present law regarding the positions of chief medical examiner, county medical examiner, and medical investigator. This bill creates a medical examiner council. This bill also revises various requirements pertaining to the conduct of death investigations and autopsies. CHIEF MEDICAL EXAMINER AND MEDICAL EXAMINER ADVISORY COUNCIL Present law authorizes the department of health to maintain a post-mortem [...] show full description |
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Latest Action: 02/08/2008 - Assigned to Subcommittee Criminal Practice and Procedure of JUD
Bill TextCompanion Bill SB3983. Criminal Procedure - Clarifies the jurisdiction of the court over certain defendants sentenced by the court. - Amends TCA Title 40, Chapter 35. Fiscal Summary for *HB3841 / SB3983Increase State Expenditures - Not Significant Bill Summary for *HB3841 / SB3983 Under present law, any court that sentences a criminal defendant to the department of corrections retains full jurisdiction over the defendant until the defendant is actually transferred to the physical custody of the department. This bill specifies that a sentencing court retains full jurisdiction over a defendant, including the manner of the defendant's sentence service, after the defendant is actually transferred to the physical custody of the department. |
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Latest Action: 04/22/2008 - Companion became Public Chapter 701
Bill TextCompanion Bill SB3953. Criminal Procedure - Revises various provisions governing fingerprints and how many sets of fingerprints must be made. - Amends TCA Title 8 and Title 38. Fiscal Summary for *HB3873 / SB3953Decrease State Expenditures - Not Significant Decrease Local Expenditures - Not Significant Bill Summary for *HB3873 / SB3953 Present law requires the comptroller, in consultation with the Tennessee bureau of investigation (TBI), the Tennessee sheriff's association, the Tennessee association of chiefs of police, and the Tennessee corrections institute, to develop standardized booking procedures that include, among other things, a photograph of the arrestee and "two sets of fingerprint cards, properly completed and mailed to the Tennessee bureau of investigation." This bill revises this provision to require that the booking procedures [...] show full description |
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Latest Action: 03/14/2008 - Assigned to Subcommittee Criminal Practice and Procedure of JUD
Bill TextCompanion Bill SB3891. Criminal Procedure - Makes violations of aggravated cruelty to animals, animal fighting, and criminal offenses against animals ineligible for pretrial or judicial diversion. - Amends TCA Title 40. Fiscal Summary for HB3880 / *SB3891Increase State Expenditures - $6,900/Incarceration* Bill Summary for HB3880 / *SB3891 This bill makes a person convicted of any one of the following offenses, which are Class E felonies, ineligible for pretrial or judicial diversion: (1) Animal fighting not involving a cock; (2) Aggravated cruelty to animals; or (3) Knowingly: (A) Engaging in any sexual activity with an animal; (B) Causing, aiding, or abetting another person to engage in any sexual activity with an animal; (C) Permitting any sexual activity with an animal to be conducted on any premises [...] show full description |
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Latest Action: 02/07/2008 - Withdrawn.
Bill TextCriminal Procedure - Provides that sentencing court retains jurisdiction over manner of service of defendant's sentence regardless of place of sentence and over defendant even after transferred to the department of correction. - Amends TCA Title 40, Chapter 35. Fiscal Summary for *HB3882Not Available Bill Summary for *HB3882 Under present law, any court that sentences a criminal defendant to the department of corrections retains full jurisdiction over the defendant until the defendant is actually transferred to the physical custody of the department. This bill specifies that a sentencing court retains full jurisdiction over a defendant, including the manner of the defendant's sentence service, after the defendant is actually transferred to the physical custody of the department. |
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Latest Action: 04/22/2008 - Public Chapter 701
Bill TextCompanion Bill HB3873. Criminal Procedure - Revises various provisions governing fingerprints and how many sets of fingerprints must be made. - Amends TCA Title 8 and Title 38. Fiscal Summary for SB3953 / *HB3873Decrease State Expenditures - Not Significant Decrease Local Expenditures - Not Significant Bill Summary for SB3953 / *HB3873 Present law requires the comptroller, in consultation with the Tennessee bureau of investigation (TBI), the Tennessee sheriff's association, the Tennessee association of chiefs of police, and the Tennessee corrections institute, to develop standardized booking procedures that include, among other things, a photograph of the arrestee and "two sets of fingerprint cards, properly completed and mailed to the Tennessee bureau of investigation." This bill revises this provision to require that the booking procedures [...] show full description |
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Latest Action: 04/08/2008 - Assigned to Gen. Sub of: Senate Jud Comm.
Bill TextCompanion Bill HB3841. Criminal Procedure - Clarifies the jurisdiction of the court over certain defendants sentenced by the court. - Amends TCA Title 40, Chapter 35. Fiscal Summary for SB3983 / *HB3841Increase State Expenditures - Not Significant Bill Summary for SB3983 / *HB3841 Under present law, any court that sentences a criminal defendant to the department of corrections retains full jurisdiction over the defendant until the defendant is actually transferred to the physical custody of the department. This bill specifies that a sentencing court retains full jurisdiction over a defendant, including the manner of the defendant's sentence service, after the defendant is actually transferred to the physical custody of the department. |
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Latest Action: 02/08/2008 - Assigned to Subcommittee Criminal Practice and Procedure of JUD
Bill TextCriminal Procedure - Revises various provisions governing fingerprints and how many sets of fingerprints must be made. - Amends TCA Title 8 and Title 38. Fiscal Summary for *HB3732Decrease State Expenditures - Not Significant Decrease Local Expenditures - Not Significant Bill Summary for *HB3732 Present law requires the comptroller, in consultation with the Tennessee bureau of investigation (TBI), the Tennessee sheriff's association, the Tennessee association of chiefs of police, and the Tennessee corrections institute, to develop standardized booking procedures that include, among other things, a photograph of the arrestee and "two sets of fingerprint cards, properly completed and mailed to the Tennessee bureau of investigation." This bill revises this provision to require that the booking procedures include "a set of fingerprints." This bill also provides the following: (1) If fingerprints are manually maintained, the [...] show full description |
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Latest Action: 04/02/2008 - Action Deferred in Subcommittee Criminal Practice and Procedure of Judiciary --Subject to call of Chair
Bill TextCompanion Bill SB3878. Criminal Procedure - Requires all custodial interrogations of an accused by law enforcement officers in a criminal case be electronically recorded but failure to do so does not affect the admissibility into evidence of any statements made by the accused. - Amends TCA Title 40, Chapter 7. Fiscal Summary for HB3733 / *SB3878Increase State Expenditures - Exceeds $100,000/One-Time Exceeds $100,000/Recurring Increase Local Expenditures* - Exceeds $100,000/One-Time Exceeds $100,000/Recurring Bill Summary for HB3733 / *SB3878 This bill requires that all custodial interrogations of an accused at a place of detention be electronically recorded and preserved by the interrogating law enforcement agency. The electronic recording must be kept until the defendant's conviction for any offense [...] show full description |
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Latest Action: 04/17/2008 - Action Deferred in Senate Jud Comm. to 4/22/2008
Bill TextCompanion Bill HB3880. Criminal Procedure - Makes violations of aggravated cruelty to animals, animal fighting, and criminal offenses against animals ineligible for pretrial or judicial diversion. - Amends TCA Title 40. Fiscal Summary for *SB3891 / HB3880Increase State Expenditures - $6,900/Incarceration* Bill Summary for *SB3891 / HB3880 This bill makes a person convicted of any one of the following offenses, which are Class E felonies, ineligible for pretrial or judicial diversion: (1) Animal fighting not involving a cock; (2) Aggravated cruelty to animals; or (3) Knowingly: (A) Engaging in any sexual activity with an animal; (B) Causing, aiding, or abetting another person to engage in any sexual activity with an animal; (C) Permitting any sexual activity with an animal to be conducted on any premises [...] show full description |
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Latest Action: 02/05/2008 - Assigned to Subcommittee Criminal Practice and Procedure of JUD
Bill TextCriminal Procedure - Authorizes the parties in a pretrial diversion memorandum to agree to and the judge in a judicial diversion order to require that the defendant serve not more than 30 days in a county jail or workhouse. - Amends TCA Title 40, Chapter 15 and Title 40, Chapter 35. Fiscal Summary for HB3653 / *SB2847Increase Local Govt. Expenditures - Not Significant |
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Latest Action: 03/12/2008 - Taken Off Notice For Calendar in Subcommittee Criminal Practice and Procedure of Judiciary of Judiciary Committee
Bill TextCriminal Procedure - Prohibits district attorney from plea bargaining with defendant charged with aggravated rape of a child or rape of a child if agreement allows defendant to plead guilty to any offense other than the offense charged. - Amends TCA Title 39, Chapter 13, Part 5 and Title 40, Chapter 35. Fiscal Summary for HB3693 / *SB3589Increase State Expenditures - $92,400/One-Time $826,600/Recurring |
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Latest Action: 04/17/2008 - Assigned to Gen. Sub of: Senate Jud Comm.
Bill TextCompanion Bill HB3733. Criminal Procedure - Requires all custodial interrogations of an accused by law enforcement officers in a criminal case be electronically recorded but failure to do so does not affect the admissibility into evidence of any statements made by the accused. - Amends TCA Title 40, Chapter 7. Fiscal Summary for *SB3878 / HB3733Increase State Expenditures - Exceeds $100,000/One-Time Exceeds $100,000/Recurring Increase Local Expenditures* - Exceeds $100,000/One-Time Exceeds $100,000/Recurring Bill Summary for *SB3878 / HB3733 This bill requires that all custodial interrogations of an accused at a place of detention be electronically recorded and preserved by the interrogating law enforcement agency. The electronic recording must be kept until the defendant's conviction for any offense [...] show full description |
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Latest Action: 04/02/2008 - Action Deferred in Subcommittee Criminal Practice and Procedure of Judiciary to Summer Study
Bill TextCompanion Bill SB3817. Criminal Procedure - Authorizes law enforcement officers to obtain geographic information pertaining to the location of cell phones of persons who are victims of violent crimes when such information is relevant to finding the victim or the offender. - Amends TCA Title 40, Chapter 6. Fiscal Summary for HB3639 / *SB3817Increase Local Expenditures - Not Significant Increase State Expenditures - Not Significant Bill Summary for HB3639 / *SB3817 This bill: (1) Requires all public utilities and wireless communications providers engaged in the business of providing communicating services and facilities to ensure that all telecommunication devices provided to consumers have the capability to be located by a satellite based monitoring system or other such system that can geographically position the location of such [...] show full description |
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Latest Action: 05/02/2008 - Placed on Calendar Calendar & Rules Committee for 05/06/2008
Bill TextCompanion Bill SB3788. Criminal Procedure - Adds a person's business to the places where the person is presumed to be sufficiently fearful of an intruder to be justified in the use of force likely to cause serious bodily harm or death. - Amends TCA Title 39, Chapter 11, Part 6. Fiscal Summary for HB3509 / *SB3788Decrease State Expenditures - $24,800/Incarceration Bill Summary for HB3509 / *SB3788 Under present law, there is a legal presumption that a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using force intended or likely to cause death or serious bodily injury, if: (1) The person has a reasonable belief that there is an imminent danger of death or serious bodily injury; (2) The danger creating the belief of imminent death [...] show full description |
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Latest Action: 03/12/2008 - Taken Off Notice For Calendar in Subcommittee Criminal Practice and Procedure of Judiciary of Judiciary Committee
Bill TextCompanion Bill SB3320. Sexual Offenders - Prohibits any person convicted of sexual offense against a minor from residing with or being in close proximity to a minor, even if the offender is a parent of the minor; and supersedes any custody decree or visitation order to the contrary. - Amends TCA Title 40. Fiscal Summary for HB3479 / *SB3320Increase State Expenditures - $6,900/Incarceration* Bill Summary for HB3479 / *SB3320 Present law prohibits any registered sexual offender or violent sexual offender, whose victim was a minor, from knowingly establishing a primary or secondary residence or any other living accommodation where a minor resides; provided, however, an offender may reside with a minor who is the offender's child unless the offender's parental rights have been or are in the process of being terminated or any child of the offender [...] show full description |
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Latest Action: 03/14/2008 - Assigned to Subcommittee Criminal Practice and Procedure of JUD
Bill TextArrests - Requires notice on citation in lieu of arrest to include warning that failure to appear will result in issuance of bench warrant. - Amends TCA Section 40-7-118 and Section 55-10-207. Fiscal Summary for HB3473 / *SB3486Increase State Expenditures - Not Significant Increase Local Expenditures - Not Significant |
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Latest Action: 02/08/2008 - Assigned to Subcommittee Civil Practice and Procedure of JUD
Bill TextCompanion Bill SB2772. Bail, Bail Bonds - Requires notice that persons who can post their own bail are not required to use bail bondsman in order to obtain bail bond. - Amends TCA Title 40, Chapter 11. Fiscal Summary for HB3383 / *SB2772 MINIMAL Bill Summary for HB3383 / *SB2772 Present law requires bondsmen to provide persons who use their services with a notice that advises the consumer of the maximum allowable fee, the right to obtain a receipt from the bondsman, and the fact that requiring collateral in addition to the maximum allowable fee is within the discretion of the bondsman. This bill requires the bondsmen's notice to include a statement advising consumers that a person does not require the services of a bondsman to post his or her own bail by cash deposit, pledging real estate, or executing a written undertaking with [...] show full description |
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Latest Action: 03/18/2008 - Assigned to Gen. Sub of: Senate Jud Comm.
Bill TextCompanion Bill HB3140. Criminal Procedure - Allows court and board of probation and parole to order certain Internet access conditions for sex offenders; creates Class E felony for failure to comply with ordered Internet access conditions. - Amends TCA Title 38; Title 39 and Title 40. Fiscal Summary for SB3296 / *HB3140Increase State Revenue - $4,800/One-Time Increase State Expenditures - $48,000/One-Time $13,800/Incarceration* Bill Summary for SB3296 / *HB3140 Under present law, when a court sentences an offender to supervised probation or a board of probation and parole grants parole, the court or board may require the offender to comply with certain conditions. This bill adds the following as possible conditions of probation or parole, if the offender is convicted of a registrable sexual offense: (1) Prohibit [...] show full description |
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Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate Jud Comm.
Bill TextCriminal Procedure - Prohibits district attorney from plea bargaining with defendant charged with aggravated rape of a child or rape of a child if agreement allows defendant to plead guilty to any offense other than the offense charged. - Amends TCA Title 39, Chapter 13, Part 5 and Title 40, Chapter 35. Fiscal Summary for *SB3589 / HB3693Increase State Expenditures - $92,400/One-Time $826,600/Recurring |
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Latest Action: 05/02/2008 - Placed on Senate Consent Calendar (2) Calendar for 05/07/2008
Bill TextCompanion Bill HB3509. Criminal Procedure - Adds a person's business to the places where the person is presumed to be sufficiently fearful of an intruder to be justified in the use of force likely to cause serious bodily harm or death. - Amends TCA Title 39, Chapter 11, Part 6. Fiscal Summary for *SB3788 / HB3509Decrease State Expenditures - $24,800/Incarceration Bill Summary for *SB3788 / HB3509 Under present law, there is a legal presumption that a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using force intended or likely to cause death or serious bodily injury, if: (1) The person has a reasonable belief that there is an imminent danger of death or serious bodily injury; (2) The danger creating the belief of imminent death [...] show full description |
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Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate Jud Comm.
Bill TextCompanion Bill HB3639. Criminal Procedure - Authorizes law enforcement officers to obtain geographic information pertaining to the location of cell phones of persons who are victims of violent crimes when such information is relevant to finding the victim or the offender. - Amends TCA Title 40, Chapter 6. Fiscal Summary for *SB3817 / HB3639Increase Local Expenditures - Not Significant Increase State Expenditures - Not Significant Bill Summary for *SB3817 / HB3639 This bill: (1) Requires all public utilities and wireless communications providers engaged in the business of providing communicating services and facilities to ensure that all telecommunication devices provided to consumers have the capability to be located by a satellite based monitoring system or other such system that can geographically position the location of such [...] show full description |
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Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Family Justice of C&FA of Children and Family Affairs Committee
Bill TextCompanion Bill SB3259. Juvenile Offenders - Authorizes courts to issue order directing department of children's services to allow visitation between juvenile offender and certain relatives. - Amends TCA Title 37. Fiscal Summary for *HB3070 / SB3259Increase State Expenditures - Not Significant Bill Summary for *HB3070 / SB3259 This bill authorizes any court that orders commitment of a delinquent child to the custody of the department of children's services to issue an order directing the department to allow visitation between the child and any natural parent, adoptive parent, grandparent, or sibling of the child who is at least 21 years of age; provided, however, such authorization would only apply during any period of time that the juvenile is placed in a juvenile facility that is subject to inspection by the department and where the child is permitted [...] show full description |
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Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate Jud Comm.
Bill TextCompanion Bill HB3070. Juvenile Offenders - Authorizes courts to issue order directing department of children's services to allow visitation between juvenile offender and certain relatives. - Amends TCA Title 37. Fiscal Summary for SB3259 / *HB3070Increase State Expenditures - Not Significant Bill Summary for SB3259 / *HB3070 This bill authorizes any court that orders commitment of a delinquent child to the custody of the department of children's services to issue an order directing the department to allow visitation between the child and any natural parent, adoptive parent, grandparent, or sibling of the child who is at least 21 years of age; provided, however, such authorization would only apply during any period of time that the juvenile is placed in a juvenile facility that is subject to inspection by the department and where the child is permitted [...] show full description |
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Latest Action: 03/14/2008 - Assigned to Subcommittee Criminal Practice and Procedure of JUD
Bill TextCompanion Bill SB3594. Motor Vehicles - Subjects motor vehicles operated by persons who do not possess driver licenses to seizure and forfeiture proceedings. - Amends TCA Title 40, Chapter 33, Part 2 and Title 55. Fiscal Summary for *HB3136 / SB3594Increase State Revenue - $850,000 Increase State Expenditures - $43,200/One-Time $2,940,000/ Recurring Increase Local Revenue - $4,800,000 Increase Local Expenditures* - Exceeds $100,000/One-Time Exceeds $12,520,000/Recurring Bill Summary for *HB3136 / SB3594 Under present law, driving without a driver license is a Class C misdemeanor. This bill adds an additional penalty for driving without a license by authorizing the seizure and forfeiture of the vehicle that a person uses while driving without a license, unless: (1) The law enforcement [...] show full description |
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Latest Action: 03/04/2008 - Assigned to Gen. Sub of: Senate Jud Comm.
Bill TextArrests - Requires notice on citation in lieu of arrest to include warning that failure to appear will result in issuance of bench warrant. - Amends TCA Section 40-7-118 and Section 55-10-207. Fiscal Summary for *SB3486 / HB3473Increase State Expenditures - Not Significant Increase Local Expenditures - Not Significant |
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Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate Jud Comm.
Bill TextCompanion Bill HB3136. Motor Vehicles - Subjects motor vehicles operated by persons who do not possess driver licenses to seizure and forfeiture proceedings. - Amends TCA Title 40, Chapter 33, Part 2 and Title 55. Fiscal Summary for SB3594 / *HB3136Increase State Revenue - $850,000 Increase State Expenditures - $43,200/One-Time $2,940,000/ Recurring Increase Local Revenue - $4,800,000 Increase Local Expenditures* - Exceeds $100,000/One-Time Exceeds $12,520,000/Recurring Bill Summary for SB3594 / *HB3136 Under present law, driving without a driver license is a Class C misdemeanor. This bill adds an additional penalty for driving without a license by authorizing the seizure and forfeiture of the vehicle that a person uses while driving without a license, unless: (1) The law enforcement [...] show full description |
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Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate Jud Comm.
Bill TextCriminal Offenses - Creates Class C misdemeanor offense for obstructing entrance to, or exit from, a state-owned building punishable only by a fine between $1,000 and $10,000; authorizes peace officer to issue citation in lieu of arrest for violation. - Amends TCA Title 39 and Title 40. Fiscal Summary for *SB3777 / HB3979Increase State Revenue - Not Significant Increase State Expenditures - Not Significant |
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Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate Jud Comm.
Bill TextCompanion Bill HB3479. Sexual Offenders - Prohibits any person convicted of sexual offense against a minor from residing with or being in close proximity to a minor, even if the offender is a parent of the minor; and supersedes any custody decree or visitation order to the contrary. - Amends TCA Title 40. Fiscal Summary for *SB3320 / HB3479Increase State Expenditures - $6,900/Incarceration* Bill Summary for *SB3320 / HB3479 Present law prohibits any registered sexual offender or violent sexual offender, whose victim was a minor, from knowingly establishing a primary or secondary residence or any other living accommodation where a minor resides; provided, however, an offender may reside with a minor who is the offender's child unless the offender's parental rights have been or are in the process of being terminated or any child of the offender [...] show full description |
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Latest Action: 04/23/2008 - Placed Behind the Budget
Bill TextCriminal Procedure - Adds vehicular homicide as a result of the driver's intoxication and aggravated vehicular homicide to offenses requiring at least 85 percent service of sentence prior to release eligibility. - Amends TCA Title 39, Chapter 13, Part 2 and Title 40. Fiscal Summary for HB3091 / *SB2869Increase State Expenditures - $6,117,800/Incarceration* |
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Latest Action: 03/12/2008 - Taken off notice for Calendar in Subcommittee Criminal Practice and Procedure of JUD
Bill TextCompanion Bill SB3296. Criminal Procedure - Allows court and board of probation and parole to order certain Internet access conditions for sex offenders; creates Class E felony for failure to comply with ordered Internet access conditions. - Amends TCA Title 38; Title 39 and Title 40. Fiscal Summary for *HB3140 / SB3296Increase State Revenue - $4,800/One-Time Increase State Expenditures - $48,000/One-Time $13,800/Incarceration* Bill Summary for *HB3140 / SB3296 Under present law, when a court sentences an offender to supervised probation or a board of probation and parole grants parole, the court or board may require the offender to comply with certain conditions. This bill adds the following as possible conditions of probation or parole, if the offender is convicted of a registrable sexual offense: (1) Prohibit [...] show full description |
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Latest Action: 03/14/2008 - Assigned to Subcommittee Criminal Practice and Procedure of JUD
Bill TextCompanion Bill SB2685. Criminal Procedure - Subjects any real property used to commit a knowing violation of offense of animal fighting to forfeiture. - Amends TCA Title 39, Chapter 11, Part 7 and Title 39, Chapter 12, Part 2. Fiscal Summary for HB2806 / *SB2685Increase State Expenditures - Not Significant Bill Summary for HB2806 / *SB2685 Under this bill, any real property used to commit a violation of the offense of animal fighting would be subject to forfeiture to the state if the owner knew or should have known of the violation. The property will not be subject to forfeiture if: (1) The violation was committed without the knowledge or consent of the owner or interest holder of the property; or (2) The owner or interest holder acquired the property as a good faith purchaser for value or in a commercially reasonable manner [...] show full description |
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Latest Action: 03/19/2008 - Taken Off Notice For Calendar in Subcommittee Criminal Practice and Procedure of Judiciary of Judiciary Committee
Bill TextCompanion Bill SB3090. Criminal Procedure - Requires judge, when addressing a defendant who intends to plead guilty to a domestic violence offense, to advise the defendant prior to the plea of the firearms consequences of such a plea. - Amends TCA Title 39, Chapter 13. Fiscal Summary for *HB2843 / SB3090Increase State Expenditures - Not Significant Increase Local Expenditures - Not Significant Bill Summary for *HB2843 / SB3090 This bill requires a court to advise a person who intends to plead guilty or nolo contendere to a domestic assault charge, prior to entry of the plea, that the plea will result in: (1) The person being prohibited from purchasing or possessing a firearm; and (2) The person being ineligible to apply for a handgun carry permit and the person's existing carry permit being revoked. Similarly,[...] show full description |
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Latest Action: 01/29/2008 - Assigned to Subcommittee Criminal Practice and Procedure of JUD
Bill TextCriminal Procedure - Provides that court or jury may take into consideration the defendant's personal income and ability to pay when determining the amount of criminal fine to assess, if any. - Amends TCA Title 40, Chapter 35, Part 3. Fiscal Summary for *HB2902 / SB3207Increase State Expenditures - Exceeds $47,500 |
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Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate Jud Comm.
Bill TextCompanion Bill HB2843. Criminal Procedure - Requires judge, when addressing a defendant who intends to plead guilty to a domestic violence offense, to advise the defendant prior to the plea of the firearms consequences of such a plea. - Amends TCA Title 39, Chapter 13. Fiscal Summary for SB3090 / *HB2843Increase State Expenditures - Not Significant Increase Local Expenditures - Not Significant Bill Summary for SB3090 / *HB2843 This bill requires a court to advise a person who intends to plead guilty or nolo contendere to a domestic assault charge, prior to entry of the plea, that the plea will result in: (1) The person being prohibited from purchasing or possessing a firearm; and (2) The person being ineligible to apply for a handgun carry permit and the person's existing carry permit being revoked. Similarly,[...] show full description |
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Latest Action: 02/26/2008 - Assigned to Gen. Sub of Senate Jud. Comm.
Bill TextCriminal Procedure - Provides that court or jury may take into consideration the defendant's personal income and ability to pay when determining the amount of criminal fine to assess, if any. - Amends TCA Title 40, Chapter 35, Part 3. Fiscal Summary for SB3207 / *HB2902Increase State Expenditures - Exceeds $47,500 |
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Latest Action: 04/10/2008 - Re-Referred to Senate Calendar Comm.
Bill TextCriminal Procedure - Authorizes the parties in a pretrial diversion memorandum to agree to and the judge in a judicial diversion order to require that the defendant serve not more than 30 days in a county jail or workhouse. - Amends TCA Title 40, Chapter 15 and Title 40, Chapter 35. Fiscal Summary for *SB2847 / HB3653Increase Local Govt. Expenditures - Not Significant |
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Latest Action: 04/15/2008 - Recommended For Passage Referred to: Senate Finance, Ways and Means Comm.
Bill TextCriminal Procedure - Adds vehicular homicide as a result of the driver's intoxication and aggravated vehicular homicide to offenses requiring at least 85 percent service of sentence prior to release eligibility. - Amends TCA Title 39, Chapter 13, Part 2 and Title 40. Fiscal Summary for *SB2869 / HB3091Increase State Expenditures - $6,117,800/Incarceration* |
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Latest Action: 01/17/2008 - Passed second consideration, Referred to Senate Jud Comm.
Bill TextCompanion Bill HB3383. Bail, Bail Bonds - Requires notice that persons who can post their own bail are not required to use bail bondsman in order to obtain bail bond. - Amends TCA Title 40, Chapter 11. Fiscal Summary for *SB2772 / HB3383 MINIMAL Bill Summary for *SB2772 / HB3383 Present law requires bondsmen to provide persons who use their services with a notice that advises the consumer of the maximum allowable fee, the right to obtain a receipt from the bondsman, and the fact that requiring collateral in addition to the maximum allowable fee is within the discretion of the bondsman. This bill requires the bondsmen's notice to include a statement advising consumers that a person does not require the services of a bondsman to post his or her own bail by cash deposit, pledging real estate, or executing a written undertaking with [...] show full description |
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Latest Action: 03/19/2008 - Taken Off Notice For Calendar in Subcommittee Criminal Practice and Procedure of Judiciary of Judiciary Committee
Bill TextCriminal Offenses - Increases penalty for person possessing a handgun who has been convicted of a felony involving use or attempted use of force, violence, or a deadly weapon from Class E felony to Class C felony; increases penalty for person possessing a handgun who has been convicted of felony drug offense from Class E felony to Class D felony; creates Class E felony for person possessing a handgun who has been convicted of any other felony. - Amends TCA Section 39-17-1307. Fiscal Summary for *HB2744 / SB2865Increase State Expenditures - $976,800/Incarceration* |
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Latest Action: 01/17/2008 - Passed second consideration, Referred to Senate Jud Comm.
Bill TextCriminal Offenses - Increases penalty for person possessing a handgun who has been convicted of a felony involving use or attempted use of force, violence, or a deadly weapon from Class E felony to Class C felony; increases penalty for person possessing a handgun who has been convicted of felony drug offense from Class E felony to Class D felony; creates Class E felony for person possessing a handgun who has been convicted of any other felony. - Amends TCA Section 39-17-1307. Fiscal Summary for SB2865 / *HB2744Increase State Expenditures - $976,800/Incarceration* |
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Latest Action: 02/27/2008 - Taken Off Notice For Calendar in Subcommittee Criminal Practice and Procedure of Judiciary of Judiciary Committee
Bill TextCompanion Bill SB2559. Criminal Procedure - Creates the "Tennessee Innocence Commission" to investigate cases in which an innocent person was wrongly convicted; to identify errors in the criminal justice system; and to recommend solutions to correct these errors. - Amends TCA Title 16 and Title 40. Fiscal Summary for HB2592 / *SB2559Increase State Expenditures - $88,000/Recurring $1,200 Each One-Day Meeting Bill Summary for HB2592 / *SB2559 This bill creates a nine-member Tennessee innocence commission to investigate cases where an innocent person was wrongly convicted, identify errors in the criminal justice process, and recommend solutions. The commission would include the following: (1) Three gubernatorial appointees, one of whom is a law enforcement officer; (2) One attorney who represents the state [...] show full description |
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Latest Action: 03/12/2008 - Placed Behind the Budget
Bill TextCompanion Bill SB2584. Criminal Procedure - Provides that a person who commits an offense on probation or community correction may be required to serve the sentence consecutively to the original sentence. - Amends TCA Title 40. Fiscal Summary for HB2599 / *SB2584Increase State Expenditures - $6,900/Incarceration* Increase Local Govt. Expenditures - Not Significant/Permissive Bill Summary for HB2599 / *SB2584 Under present law, if a defendant is convicted of more than one criminal offense, then the court must order the sentences to run either consecutively or concurrently based on certain criteria. The court may order sentences to run consecutively if the court finds by a preponderance of the evidence that the defendant is sentenced for an offense committed while on probation. Under this bill, the court may order consecutive sentences if [...] show full description |
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Latest Action: 01/16/2008 - Passed second consideration, Referred to Senate Jud Comm.
Bill TextCompanion Bill HB2539. Criminal Procedure - Clarifies that no execution shall be postponed, delayed, or canceled if lethal injection is found to be unconstitutional; requires execution to be performed by any constitutional means available. - Amends TCA Section 40-23-114. Fiscal Summary for SB2661 / *HB2539Increase State Expenditures - Not Significant Bill Summary for SB2661 / *HB2539 Present law provides that if any appellate court finds the carrying out of a death sentence by lethal injection or electrocution to be unconstitutional, then any person sentenced to death would be executed by any constitutional method. The person's death sentence would remain in full force and would not be reduced due to the court's holding. This bill clarifies that if any court declares lethal injection to be unconstitutional, no execution would be [...] show full description |
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Latest Action: 01/29/2008 - Assigned to Gen. Sub of: Senate Jud Comm.
Bill TextCompanion Bill HB2806. Criminal Procedure - Subjects any real property used to commit a knowing violation of offense of animal fighting to forfeiture. - Amends TCA Title 39, Chapter 11, Part 7 and Title 39, Chapter 12, Part 2. Fiscal Summary for *SB2685 / HB2806Increase State Expenditures - Not Significant Bill Summary for *SB2685 / HB2806 Under this bill, any real property used to commit a violation of the offense of animal fighting would be subject to forfeiture to the state if the owner knew or should have known of the violation. The property will not be subject to forfeiture if: (1) The violation was committed without the knowledge or consent of the owner or interest holder of the property; or (2) The owner or interest holder acquired the property as a good faith purchaser for value or in a commercially reasonable manner [...] show full description |
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Latest Action: 01/31/2008 - Withdrawn.
Bill TextCompanion Bill HB2592. Criminal Procedure - Creates the "Tennessee Innocence Commission" to investigate cases in which an innocent person was wrongly convicted; to identify errors in the criminal justice system; and to recommend solutions to correct these errors. - Amends TCA Title 16 and Title 40. Fiscal Summary for *SB2559 / HB2592Increase State Expenditures - $88,000/Recurring $1,200 Each One-Day Meeting Bill Summary for *SB2559 / HB2592 This bill creates a nine-member Tennessee innocence commission to investigate cases where an innocent person was wrongly convicted, identify errors in the criminal justice process, and recommend solutions. The commission would include the following: (1) Three gubernatorial appointees, one of whom is a law enforcement officer; (2) One attorney who represents the state [...] show full description |
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Latest Action: 03/27/2008 - Companion became Public Chapter 643
Bill TextCriminal Procedure - Allows law enforcement to release information within an indictment for the purpose of apprehending the person indicted. - Amends TCA Title 40, Chapter 13, Part 1. Fiscal Summary for SB2579 / *HB2497MINIMAL |
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Latest Action: 03/27/2008 - Received from Senate, held on House desk.
Bill TextCompanion Bill HB2599. Criminal Procedure - Provides that a person who commits an offense on probation or community correction may be required to serve the sentence consecutively to the original sentence. - Amends TCA Title 40. Fiscal Summary for *SB2584 / HB2599Increase State Expenditures - $6,900/Incarceration* Increase Local Govt. Expenditures - Not Significant/Permissive Bill Summary for *SB2584 / HB2599 Under present law, if a defendant is convicted of more than one criminal offense, then the court must order the sentences to run either consecutively or concurrently based on certain criteria. The court may order sentences to run consecutively if the court finds by a preponderance of the evidence that the defendant is sentenced for an offense committed while on probation. Under this bill, the court may order consecutive sentences if [...] show full description |
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Latest Action: 02/27/2008 - Taken Off Notice For Calendar in Subcommittee Criminal Practice and Procedure of Judiciary of Judiciary Committee
Bill TextSentencing - Enacts the "Trooper Calvin Jenks Act." - Amends TCA Title 39 and Title 40. Fiscal Summary for *HB2518Increase State Expenditures - $917,200/Incarceration* Bill Summary for *HB2518 Under present law, a person who facilitates the commission of a felony is charged with an offense of the class next below the felony facilitated by that person (for example, if the crime facilitated is a Class A felony, the offense of facilitation would be a Class B felony). This bill creates an exception to the punishment for the offense of facilitation. Under this bill, the facilitation of the commission of first degree murder against a law enforcement officer engaged in the performance of official duties, and who the defendant knew or reasonably should have known was a law enforcement officer, would be punished by a minimum period of imprisonment of 25 years and any person committing such an offense would not be eligible for any early release.[...] show full description |
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Latest Action: 03/27/2008 - Public Chapter 643
Bill TextCriminal Procedure - Allows law enforcement to release information within an indictment for the purpose of apprehending the person indicted. - Amends TCA Title 40, Chapter 13, Part 1. Fiscal Summary for *HB2497 / SB2579MINIMAL |
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Latest Action: 04/16/2008 - Action Deferred in Judiciary Committee to 4/16/2008
Bill TextCompanion Bill SB2661. Criminal Procedure - Clarifies that no execution shall be postponed, delayed, or canceled if lethal injection is found to be unconstitutional; requires execution to be performed by any constitutional means available. - Amends TCA Section 40-23-114. Fiscal Summary for *HB2539 / SB2661Increase State Expenditures - Not Significant Bill Summary for *HB2539 / SB2661 Present law provides that if any appellate court finds the carrying out of a death sentence by lethal injection or electrocution to be unconstitutional, then any person sentenced to death would be executed by any constitutional method. The person's death sentence would remain in full force and would not be reduced due to the court's holding. This bill clarifies that if any court declares lethal injection to be unconstitutional, no execution would be [...] show full description |
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Latest Action: 04/10/2007 - Action Deferred in Senate Jud Comm. to 4/17/2007
Bill TextCompanion Bill HB1952. Domestic Violence - Makes a violation of an ex parte order of protection a Class C misdemeanor under certain circumstances. - Amends TCA Title 36, Chapter 3; Title 39, Chapter 13 and Title 40, Chapter 11, Part 1. Fiscal Summary for SB2296 / *HB1952Increase Local Govt. Expenditures - Not Significant Increase Local Govt. Revenues - Not Significant Bill Summary for SB2296 / *HB1952 Under present law, it is a Class A misdemeanor to violate an order of protection. This bill adds that it is a Class C misdemeanor to knowingly violate an ex parte order of protection. An ex parte order of protection is an order issued without the person against whom it is issued being present for the issuance. In order to constitute a violation, a person must have been served with the ex parte order or otherwise acquired actual [...] show full description |
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Latest Action: 06/01/2007 - Public Chapter 210
Bill TextCompanion Bill SB0011. Criminal Procedure - Specifies circumstance in which a person has no duty to retreat before threatening or using force in self defense; extends circumstances under which there is a legal presumption that a person using deadly force in self defense had a reasonable belief of death; confers civil immunity upon person properly using self defense. - Amends TCA Title 39, Chapter 11, Part 6. Fiscal Summary for HB1907 / *SB0011Decrease State Expenditures - $46,000/Incarceration Bill Summary for HB1907 / *SB0011 This bill revises present law governing self-defense. PRESENT LAW Under present law, a person is justified in threatening or using force against another individual when and to the degree the person reasonably believes the force is immediately necessary for self-defense. The person must have a reasonable [...] show full description |
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Latest Action: 02/22/2007 - Passed second consideration, caption bill, held on desk - pending amdt.
Bill TextCompanion Bill SB1709. Courts, Municipal - Expands the jurisdiction of municipal courts to hear alleged violations of ordinances that mirror or duplicate certain state criminal offenses. - Amends TCA Section 16-18-302. Fiscal Summary for HB2085 / *SB1709 Increase Local Govt. Expenditures - Exceeds $330,000/Permissive Other Fiscal Impact - There will be a shift of county revenues and expenditures to municipalities. The amount of such shift will be consistent with the fine revenue generated for the specified offenses and the administrative cost to process such misdemeanors. Bill Summary for HB2085 / *SB1709 Under present law, in Chattanooga, Knoxville, Nashville, and Memphis, a municipal court possesses jurisdiction to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates [...] show full description |
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Latest Action: 05/15/2007 - Companion became Public Chapter 108
Bill TextCompanion Bill SB0730. Criminal Procedure - Adds offenses of rape, statutory rape by authority figure, and aggravated child abuse to list of offenses for which the judge must revoke bail immediately upon conviction. - Amends TCA Title 40, Chapter 35, Part 1. Fiscal Summary for HB2097 / *SB0730 Increase Local Govt. Expenditures - Not Significant Bill Summary for HB2097 / *SB0730 ON MARCH 26, 2007, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 730, AS AMENDED. AMENDMENT #1 excludes stalking from the list of offenses for which the judge must revoke bail immediately upon conviction pursuant to this bill. |
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Latest Action: 04/11/2007 - Taken Off Notice For Calendar in Subcommittee Criminal Practice and Procedure of Judiciary of Judiciary Committee
Bill TextCompanion Bill SB1684. Criminal Procedure - Expands the locations for which there is a presumption that the use of deadly force was the result of a reasonable belief of imminent death and confers civil immunity upon persons who are justified in the use of force by reason of self defense. - Amends TCA Title 39, Chapter 11, Part 6. Fiscal Summary for HB2297 / *SB1684 Decrease State Expenditures - $46,100 / Incarceration Bill Summary for HB2297 / *SB1684 This bill revises present law governing self-defense. PRESENT LAW Under present law, a person is justified in threatening or using force against another individual when and to the degree the person reasonably believes the force is immediately necessary for self-defense. The person must have a reasonable belief that there is an imminent danger of death or serious bodily injury.[...] show full description |
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Latest Action: 02/22/2007 - Passed second consideration, Referred to Senate Jud Comm.
Bill TextCompanion Bill HB1873. Criminal Procedure - Requires a person convicted of aggravated robbery or attempt to commit aggravated robbery to serve 85 percent of sentence before release eligibility status rather than 30 percent of sentence. - Amends TCA Title 40, Chapter 35, Part 5. Fiscal Summary for SB2087 / *HB1873Increase State Expenditures - $67,992,400 / Incarceration* Bill Summary for SB2087 / *HB1873 Under present law, persons who are convicted of the following crimes are ineligible for early release from incarceration and are required to serve 100 percent of the sentence imposed by the court less sentence credits for up to 15 percent of the sentence imposed: murder in the first degree; murder in the second degree; especially aggravated kidnapping; aggravated kidnapping; especially aggravated robbery; aggravated rape; rape; aggravated sexual [...] show full description |
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Latest Action: 06/27/2007 - Public Chapter 501
Bill TextCompanion Bill SB2235. Sentencing - Sets the minimum period of incarceration for rape of a child at 25 years instead of 15 years; specifies that provisions for person on community supervision applying for release after 15 years would not apply to persons convicted of rape of a child; authorizes board of probation and parole to require as a condition of supervision that person convicted of rape of a child be enrolled in a satellite-based monitoring program. - Amends TCA Section 39-13-522. Fiscal Summary for HB2314 / *SB2235Increase State Expenditures - $7,690,700 / Incarceration* (Funding of $7,690,700 is included in the Governors FY07-08 Recommended Budget) Bill Summary for HB2314 / *SB2235 ON MAY 21, 2007, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 2314, AS AMENDED. AMENDMENT #2 authorizes the board of probation and [...] show full description |
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Latest Action: 04/18/2007 - Failed In Subcommittee Criminal Practice and Procedure of Judiciary of Judiciary Committee
Bill TextCompanion Bill SB2296. Domestic Violence - Makes a violation of an ex parte order of protection a Class C misdemeanor under certain circumstances. - Amends TCA Title 36, Chapter 3; Title 39, Chapter 13 and Title 40, Chapter 11, Part 1. Fiscal Summary for *HB1952 / SB2296Increase Local Govt. Expenditures - Not Significant Increase Local Govt. Revenues - Not Significant Bill Summary for *HB1952 / SB2296 Under present law, it is a Class A misdemeanor to violate an order of protection. This bill adds that it is a Class C misdemeanor to knowingly violate an ex parte order of protection. An ex parte order of protection is an order issued without the person against whom it is issued being present for the issuance. In order to constitute a violation, a person must have been served with the ex parte order or otherwise acquired actual [...] show full description |
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Latest Action: 06/27/2007 - Companion became Public Chapter 501
Bill TextCompanion Bill HB2314. Sentencing - Sets the minimum period of incarceration for rape of a child at 25 years instead of 15 years; specifies that provisions for person on community supervision applying for release after 15 years would not apply to persons convicted of rape of a child; authorizes board of probation and parole to require as a condition of supervision that person convicted of rape of a child be enrolled in a satellite-based monitoring program. - Amends TCA Section 39-13-522. Fiscal Summary for *SB2235 / HB2314Increase State Expenditures - $7,690,700 / Incarceration* (Funding of $7,690,700 is included in the Governors FY07-08 Recommended Budget) Bill Summary for *SB2235 / HB2314 ON MAY 21, 2007, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 2314, AS AMENDED. AMENDMENT #2 authorizes the board of probation and [...] show full description |
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Latest Action: 03/07/2007 - Assigned to Subcommittee Criminal Practice and Procedure of JUD
Bill TextCompanion Bill SB2034. Attorneys at Law - Requires that any attorney who represented or is representing a defendant in a capital case and who is found to have provided ineffective legal assistance or admitted to providing ineffective legal assistance to be disqualified from current representation and/or barred from future representation in capital cases in this state. - Amends amend TCA Title 8, Chapter 14 and Title 40. Fiscal Summary for *HB1975 / SB2034Increase State Expenditures - $10,700,300 / Indigent Criminal Defense Fund Bill Summary for *HB1975 / SB2034 This bill requires that a defense attorney representing a defendant in a capital case be disqualified from current representation or barred from future representation in capital cases, or both, if: (1) A trial or appellate court in this state or the [...] show full description |
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Latest Action: 04/11/2007 - Action Deferred in Subcommittee Criminal Practice and Procedure of Judiciary to 1st meeting 2008
Bill TextCompanion Bill SB1563. DUI/DWI Offenses - Provides that, immediately upon conviction, certain DUI offenders must begin serving jail time; requires that certain offenders, who are convicted of driving on a suspended or revoked license, must serve consecutive sentences. - Amends TCA Section 40-35-116; Title 55, Chapter 10, Part 4 and Section 55-50-504. Fiscal Summary for HB2226 / *SB1563 Increase State Expenditures - $1,180,000 Increase Local Govt. Revenues - $1,180,000 Increase Local Govt. Expenditures* - $3,373,000 Bill Summary for HB2226 / *SB1563 This bill requires a defendant convicted of DUI to be jailed immediately if the defendant has a prior conviction for driving while the defendant's driver license was cancelled, suspended, or revoked for any reason. Thus, this bill requires the judge to revoke bail immediately in such cases, notwithstanding [...] show full description |
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Latest Action: 02/22/2007 - Passed second consideration, Referred to Senate Jud Comm.
Bill TextCompanion Bill HB1975. Attorneys at Law - Requires that any attorney who represented or is representing a defendant in a capital case and who is found to have provided ineffective legal assistance or admitted to providing ineffective legal assistance to be disqualified from current representation and/or barred from future representation in capital cases in this state. - Amends amend TCA Title 8, Chapter 14 and Title 40. Fiscal Summary for SB2034 / *HB1975Increase State Expenditures - $10,700,300 / Indigent Criminal Defense Fund Bill Summary for SB2034 / *HB1975 This bill requires that a defense attorney representing a defendant in a capital case be disqualified from current representation or barred from future representation in capital cases, or both, if: (1) A trial or appellate court in this state or the [...] show full description |
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Latest Action: 03/06/2007 - Assigned to Subcommittee State Government of S&LG
Bill TextCompanion Bill SB2087. Criminal Procedure - Requires a person convicted of aggravated robbery or attempt to commit aggravated robbery to serve 85 percent of sentence before release eligibility status rather than 30 percent of sentence. - Amends TCA Title 40, Chapter 35, Part 5. Fiscal Summary for *HB1873 / SB2087Increase State Expenditures - $67,992,400 / Incarceration* Bill Summary for *HB1873 / SB2087 Under present law, persons who are convicted of the following crimes are ineligible for early release from incarceration and are required to serve 100 percent of the sentence imposed by the court less sentence credits for up to 15 percent of the sentence imposed: murder in the first degree; murder in the second degree; especially aggravated kidnapping; aggravated kidnapping; especially aggravated robbery; aggravated rape; rape; aggravated sexual [...] show full description |
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Latest Action: 07/19/2007 - Public Chapter 594
Bill TextCompanion Bill HB1835. Criminal Offenses - Creates four offenses relative to possession or use of firearms or other deadly weapons during the commission of dangerous felonies and other crimes; lengthens the statute of limitations on certain sex crimes involving minors; clarifies age limits for the offense statutory rape. - Amends TCA Title 39 and Title 40. Fiscal Summary for *SB1967 / HB1835Increase State Expenditures - $60,323,700 / Incarceration* Bill Summary for *SB1967 / HB1835 This bill creates two new criminal offenses relating to firearms. This bill also revises certain restrictions on handgun possession. This bill creates the criminal offense of employing a firearm during the commission of a felony. This offense is a felony, punishable by 10 years in the penitentiary at 100 percent, to be served consecutive to any other sentence.[...] show full description |
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Latest Action: 05/23/2007 - Companion became Public Chapter 167
Bill TextCompanion Bill SB1760. Criminal Procedure - Allows trial court to enforce any orders assessing criminal fines that are in default as criminal contempt upon a finding by the court that the defendant has the ability to pay and refuses to do so. - Amends TCA Title 40, Chapter 24. Fiscal Summary for HB1566 / *SB1760 MINIMAL Bill Summary for HB1566 / *SB1760 Present law authorizes the collection of unpaid fines in the same manner as a judgment in a civil action, which is execution on the judgment through garnishment or a levy on property. In addition to execution on a judgment, this bill authorizes courts to enforce orders that assess any fine in default as criminal contempt. ON MAY 2, 2007, THE HOUSE SUBSTITUTED SENATE BILL 1760 FOR HOUSE BILL 1566, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1760, AS AMENDED. AMENDMENT #1 [...] show full description |
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Latest Action: 03/21/2007 - Taken Off Notice For Calendar in Subcommittee Criminal Practice and Procedure of Judiciary of Judiciary Committee
Bill TextCriminal Procedure - Provides that person convicted of sexual exploitation of a minor is ineligible for judicial diversion. - Amends TCA Section 40-35-313. Fiscal Summary for HB1628 / *SB1778Increase State Expenditures - $158,200 / Incarceration* |
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Latest Action: 02/21/2007 - Passed second consideration, Referred to Senate Jud Comm.
Bill TextCompanion Bill HB1740. Criminal Procedure - Provides that person charged with criminally negligent homicide or reckless homicide is not eligible for pretrial diversion by defining the offenses as Class C felonies. - Amends TCA Title 40. Fiscal Summary for SB1983 / *HB1740Increase State Expenditures - $33,000 / Incarceration* Bill Summary for SB1983 / *HB1740 Under present law, criminally negligent homicide is a Class E felony and reckless homicide is a Class D felony. Also under present law, a defendant does not qualify for pretrial diversion if the offense for which the prosecution is being suspended is a Class A or Class B felony or a Class C felony. For purposes of the pretrial diversion provisions, present law lists the offenses that are considered Class C felonies. This bill adds criminally negligent homicide and reckless homicide to [...] show full description |
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Latest Action: 03/07/2007 - Assigned to Subcommittee Criminal Practice and Procedure of JUD
Bill TextCompanion Bill SB1983. Criminal Procedure - Provides that person charged with criminally negligent homicide or reckless homicide is not eligible for pretrial diversion by defining the offenses as Class C felonies. - Amends TCA Title 40. Fiscal Summary for *HB1740 / SB1983Increase State Expenditures - $33,000 / Incarceration* Bill Summary for *HB1740 / SB1983 Under present law, criminally negligent homicide is a Class E felony and reckless homicide is a Class D felony. Also under present law, a defendant does not qualify for pretrial diversion if the offense for which the prosecution is being suspended is a Class A or Class B felony or a Class C felony. For purposes of the pretrial diversion provisions, present law lists the offenses that are considered Class C felonies. This bill adds criminally negligent homicide and reckless homicide to [...] show full description |
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Latest Action: 04/25/2007 - Taken Off Notice For Calendar in: Children and Family Affairs Committee
Bill TextJuvenile Offenders - Requires the expunction of the juvenile record of any child adjudicated delinquent from 1998 to the present if children in the same jurisdiction, adjacent jurisdictions, or the same county as the child received pretrial diversion for the same offense. - Amends TCA Title 37, Chapter 1 and Title 40, Chapter 15. Fiscal Summary for *HB1593Increase Local Govt. Expenditures - Not Significant Bill Summary for *HB1593 This bill requires a court to order a hearing to review the case of a delinquent juvenile who petitions for review if the petitioner: (1) Is younger than 18 years old; (2) Was tried for delinquency during the year 1998 or thereafter; and (3) Was tried for an offense for which any other juvenile who resided in the petitioner's jurisdiction or a jurisdiction adjacent to or within the same county as the petitioner, during the period from 1998 through the date of petition, received pretrial [...] show full description |
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Latest Action: 03/21/2007 - Taken Off Notice For Calendar in Subcommittee Criminal Practice and Procedure of Judiciary of Judiciary Committee
Bill TextCompanion Bill SB1267. Criminal Procedure - Requires offenders age 19 and under at the time of a certain sexual offense to be placed on community supervision for two years after release from prison, provided that the offender had no prior felony convictions, the offender did not violate any terms of the community supervision, or the sexual offense was not rape of a child. - Amends TCA Title 37; Title 38 and Title 39. Fiscal Summary for HB1743 / *SB1267Increase State Expenditures - Net Impact - Not Significant Other Fiscal Impact - The Board of Probation and Parole (BOPP) states that this bill will result in an increase in expenditures for youthful offenders who are not currently subject to community supervision and a decrease in expenditures for youthful offenders who are currently subject to lifetime community supervision but whose period of supervision will be reduced [...] show full description |
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Latest Action: 07/12/2007 - Companion became Public Chapter 536
Bill TextCriminal Procedure - Provides that person charged with elder abuse is ineligible for consideration for judicial diversion and suspension of further proceedings. - Amends TCA Title 40, Chapter 35, Pa |
