| 4 | 3 | | |
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| 5 | 4 | | HOUSE BILL 38 |
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| 6 | 5 | | By Gillespie |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | HB0038 |
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| 10 | 9 | | 000524 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 37, |
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| 14 | 13 | | relative to delinquent acts. |
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| 15 | 14 | | |
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| 16 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 16 | | SECTION 1. Tennessee Code Annotated, Section 37-1-131(b)(1)(B), is amended by |
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| 18 | 17 | | deleting the subdivision and substituting: |
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| 19 | 18 | | (i) If the child is found to be delinquent for a second delinquent act, the court |
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| 20 | 19 | | may enter an order of restitution against the parent, legal custodian, or guardian who |
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| 21 | 20 | | had custody of the child at the time of the act for the expenses incurred by any law |
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| 22 | 21 | | enforcement agency in responding to and investigating the delinquent act. |
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| 23 | 22 | | (ii) If the child is found to be delinquent for a third or subsequent delinquent act, |
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| 24 | 23 | | the court shall enter an order of restitution against the parent, legal custodian, or |
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| 25 | 24 | | guardian who had custody of the child at the time of the act for the expenses incurred by |
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| 26 | 25 | | any law enforcement agency in responding to and investigating the delinquent act. |
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| 27 | 26 | | (iii) A restitution order entered under this subdivision (b)(1)(B) must be no less |
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| 28 | 27 | | than two hundred fifty dollars ($250), if the act committed by the child would be a |
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| 29 | 28 | | misdemeanor if committed by an adult, or no less than five hundred dollars ($500), if the |
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| 30 | 29 | | act committed by the child would be a felony if committed by an adult. A restitution order |
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| 31 | 30 | | entered under this subdivision (b)(1)(B) must not exceed one thousand dollars ($1,000). |
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| 32 | 31 | | If the court finds that the child's parent, legal custodian, or guardian is indigent and |
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| 33 | 32 | | waives restitution under this subdivision (b)(1)(B), then the court must order the child's |
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| 34 | 33 | | parent, legal custodian, or guardian to perform community service work in lieu of the |
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| 35 | 34 | | restitution. |
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