SENATE BILL 392
By Taylor
HOUSE BILL 322
By Barrett
HB0322
001249
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 39,
relative to criminal offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-13-311, is amended by deleting
"§§ 39-13-308 and 39-13-309" and substituting "§§ 39-13-308, 39-13-309, and 39-17-118".
SECTION 2. Tennessee Code Annotated, Section 39-13-314(a)(1), is amended by
deleting the subdivision and substituting:
(1) "Human trafficking offense" means the commission of any act that constitutes
the criminal offense of:
(A) Involuntary labor servitude, under § 39-13-307;
(B) Trafficking persons for forced labor or services, under § 39-13-308;
(C) Trafficking for commercial sex act, under § 39-13-309;
(D) Patronizing prostitution, under § 39-13-514(b)(3)(A);
(E) Promoting prostitution, under § 39-13-515(c);
(F) Promoting the prostitution of a minor, under § 39-13-512; or
(G) Human smuggling, under § 39-17-118; and
SECTION 3. Tennessee Code Annotated, Section 39-13-314(a), is amended by adding
the following as a new subdivision:
( ) "Organization" means any of the following, whether foreign or domestic:
(A) Limited liability companies;
(B) Corporations;
(C) Not-for-profit corporations;
- 2 - 001249
(D) Profit and not-for-profit unincorporated associations;
(E) Business trusts;
(F) Estates;
(G) General partnerships;
(H) Limited partnerships;
(I) Registered or unregistered limited liability partnerships;
(J) Trusts; or
(K) Joint ventures;
SECTION 4. Tennessee Code Annotated, Section 39-13-314, is amended by adding
the following as a new subsection:
(g) In addition to any other remedy, if the attorney general and reporter has
reason to believe that any person or organization is committing, has committed, or is
about to commit a human trafficking offense or aggravated human trafficking, then the
attorney general and reporter may bring an action in the appropriate state court against
the person or organization to:
(1) Restrain the person's or organization's actions by temporary
restraining order or temporary or permanent injunction;
(2) Cancel, revoke, or terminate any certificate of formation, certificate of
incorporation, articles of organization, trust instrument, certificate of authority to
transact business, license, permit, approval, charter, or registration to transact
business of the person or organization;
(3) Appoint a receiver for the organization; or
(4) Involuntarily dissolve the organization.
SECTION 5. Tennessee Code Annotated, Section 39-13-316(a), is amended by adding
the following as a new subdivision:
- 3 - 001249
(6) Human smuggling, under § 39-17-118.
SECTION 6. Tennessee Code Annotated, Title 39, Chapter 17, Part 1, is amended by
adding the following as a new section:
39-17-118.
(a) A person commits the offense of human smuggling who knowingly:
(1) Transports ten (10) or more persons eighteen (18) years of age or
older or five (5) or more minors for the purpose of commercial advantage or
private financial gain, with the intent to conceal the individuals from a law
enforcement officer or a federal immigration officer, while knowing the persons
eighteen (18) years of age or older or minors have illegally entered or remained
in the United States, as determined by the bureau of immigration and customs
enforcement of the United States department of homeland security; or
(2) Encourages or induces ten (10) or more persons eighteen (18) years
of age or older or five (5) or more minors to enter or remain in this state in
violation of federal law, as determined by the bureau of immigration and customs
enforcement of the United States department of homeland security, by
concealing, harboring, or shielding those persons from detection.
(b) Human smuggling is a Class E felony.
SECTION 7. Tennessee Code Annotated, Title 39, Chapter 17, Part 1, is amended by
adding the following as a new section:
39-17-119.
(a) It is an offense for a person to harbor or hide, or to assist another in
harboring or hiding, within this state an individual who the person knows or should have
known has illegally entered or remained in the United States, as determined by the
- 4 - 001249
bureau of immigration and customs enforcement of the United States department of
homeland security.
(b) A violation of this section is a Class A misdemeanor, punishable only by a
fine of one thousand dollars ($1,000) for each person harbored or hidden.
SECTION 8. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to any offense committed on or after that date.