Tennessee House Bill HB0143

Tennessee 2023-2024 Regular Session

• Introduced: 1/11/23
• Refer: 1/20/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to offenses involving strangulation.

Impact

The enactment of HB 0143 is expected to significantly impact how courts handle defendants accused of serious offenses involving strangulation. By mandating that such defendants be required to post bail, the bill aims to enhance public safety by reducing the likelihood of potential repeat offenses or harm to victims while ensuring that defendants still have the right to a fair trial. This legislative change aligns with a growing concern over domestic violence and related offenses, as it adds a layer of accountability for individuals charged with these serious crimes.

Summary

House Bill 0143 is a legislative measure aimed at modifying certain provisions of the Tennessee Code Annotated, specifically addressing offenses that involve strangulation. The bill seeks to amend existing laws by adding a new subsection to Section 40-11-115, which pertains to the conditions under which defendants charged with strangulation offenses may be released. The bill stipulates that individuals charged with violations under sections 39-13-102 or 39-13-116 (which cover offenses related to strangulation) must post bail to ensure their appearance in court and the safety of the community, preventing release on personal recognizance or unsecured bond.

Contention

Debate around HB 0143 may arise from different perspectives on the implications of tightening bail requirements. Proponents argue that the bill will provide necessary safeguards for victims and the community, ensuring that defendants with a history or likelihood of committing violent acts are not released without adequate oversight. Critics, on the other hand, could contend that this bill may infringe on the rights of defendants, creating a potential for bias against those charged with serious offenses without a conviction. Overall, the legislation could inspire discussions about balancing public safety with the rights of the accused.