Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0358 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 388
3		-	By Taylor
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 358
6	5		By Hardaway
7	6
8	7
9	8		HB0358
10	9		000011
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 39;
14	13		Title 40; Title 55; Chapter 969 of the Public Acts of
15	14		2024 and Chapter 1033 of the Public Acts of 2024,
16	15		relative to global positioning monitoring.
17	16
18	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
19	18		SECTION 1. Tennessee Code Annotated, Title 40, Chapter 11, Part 1, is amended by
20	19		adding the following new section:
21	20		(a) Following the arrest of a person for an offense listed in subsection (b), the
22	21		court or magistrate shall order the defendant to wear a global positioning monitoring
23	22		system device as a condition of bail as set forth in § 40-11-152(b)(2), unless the court or
24	23		magistrate finds the offender no longer poses a threat to the alleged victim or public
25	24		safety.
26	25		(b) This section applies to a defendant arrested for:
27	26		(1) An offense, during the course of which:
28	27		(A) The defendant carried, possessed, or used a firearm or
29	28		dangerous weapon;
30	29		(B) A person was killed or suffered serious bodily injury; or
31	30		(C) The defendant used force against the person of another;
32	31		(2) Domestic assault, under § 39-13-111;
33	32		(3) Burglary of a freight or passenger car, automobile, truck, trailer, boat,
34	33		airplane, or other motor vehicle, under § 39-13-1002(a)(4);
35	34		(4) Reckless driving, under § 55-10-205;
36	35		(5) Drag racing, under § 55-10-502; or
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38	37
39	38		- 2 - 000011
40	39
41	40		(6) A second or subsequent offense under title 39, chapter 13, part 10 or
42	41		title 39, chapter 14, part 1.
43	42		(c) The clerk of each court that orders the use of global positioning monitoring
44	43		pursuant to subsection (a) shall report the number of defendants currently subject to
45	44		such an order and the offenses for which the defendant is awaiting trial on a monthly
46	45		basis to the administrative office of the courts. The administrative office of the courts
47	46		shall compile an annual report of the number of defendants subject to such an order,
48	47		including totals for each county, to be submitted to the criminal justice committee of the
49	48		house of representatives and the judiciary committee of the senate by July 1 of each
50	49		year.
51	50		SECTION 2. Tennessee Code Annotated, Section 40-11-152(b)(2), is amended by
52	51		deleting the language:
53	52		Pursuant to § 40-11-150(n), if the court or magistrate finds probable cause to
54	53		believe that one (1) or more of the circumstances in§ 40-11-150(n)(1) did occur, then
55	54		unless the court or magistrate finds the offender no longer poses a threat to the alleged
56	55		victim or public safety and makes such a finding in a written order, the court or
57	56		magistrate shall order a defendant who is charged with the offense of aggravated
58	57		assault, as defined in § 39-13-102(a)(1)(A)(i), (a)(1)(A)(iii), or (a)(1)(A)(iv), in which the
59	58		alleged victim of the offense is a domestic abuse victim, as defined in § 36-3-601, to do
60	59		the following as a condition of bail:
61	60		and substituting instead:
62	61		Pursuant to § 40-11-150(n) and SECTION 1, if the court or magistrate finds
63	62		probable cause to believe that one (1) or more of the circumstances in § 40-11-150(n)(1)
64	63		or SECTION 1(b) did occur, then unless the court or magistrate finds the offender no
65	64		longer poses a threat to the alleged victim or public safety and makes such a finding in a
66	65
67	66
68	67		- 3 - 000011
69	68
70	69		written order, the court or magistrate shall order the defendant to do the following as a
71	70		condition of bail:
72	71		SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.