Tennessee House Bill HB0535

Tennessee 2023-2024 Regular Session

• Introduced: 1/25/23
• Refer: 2/1/23
• Refer: 3/21/23
• Refer: 3/28/23
• Chaptered: 5/3/23
• Passed: 5/3/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 55, relative to restitution.

Impact

By redefining aspects of restitution for child maintenance, this bill facilitates a more equitable process for survivors of child-related crimes who are awarded restitution. Furthermore, it allows surviving parents or guardians to convert restitution orders to civil judgments, providing an alternative means to secure owed payments. These amendments are pivotal in ensuring that obligations are met in a manageable way, especially for those unable to work due to incarceration. This law is expected to be effective from July 1, 2023, impacting how future cases are handled under Tennessee law.

Summary

House Bill 0535, also known as 'Dillard's Law', aims to amend Tennessee Code Annotated, specifically addressing provisions related to restitution for child maintenance. The bill introduces important changes that impact the timing and process by which defendants who have been incarcerated may commence child maintenance payments upon their release. Under the bill, defendants will have up to one year after their release to begin payments and can establish a payment plan for any arrears, creating a structured approach to accommodating those who have been unable to fulfill their financial obligations while incarcerated.

Sentiment

The general sentiment surrounding HB 0535 appears to be positive, particularly among advocates for child welfare and legal reform. Supporters believe that the bill provides necessary protections and promotes accountability among defendants while enabling convenience for victims seeking reimbursement. There is an overarching acknowledgment that the conditions of the legislation reflect a balance between the interests of justice for the child and the financial realities faced by the parent or guardian.

Contention

Notable points of contention during discussions may have revolved around the implications of allowing civil actions and restitution to co-exist, particularly regarding how offsets would be calculated for damages already awarded. Critics may also raise concerns about how the changes affect the urgency and enforcement of child maintenance payments. Nevertheless, HB 0535 is structured to prioritize the child's welfare and ensure that parents fulfill their financial responsibilities, even after periods of incarceration.