| 4 | 3 | | |
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| 5 | 4 | | HOUSE BILL 625 |
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| 6 | 5 | | By Hardaway |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | HB0625 |
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| 10 | 9 | | 000612 |
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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 33; |
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| 14 | 13 | | Title 40 and Title 52, relative to mental health |
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| 15 | 14 | | evaluations. |
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| 16 | 15 | | |
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| 17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 18 | 17 | | SECTION 1. Tennessee Code Annotated, Section 33-6-401, is amended by |
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| 19 | 18 | | redesignating the section as subsection (a) and adding the following: |
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| 20 | 19 | | (b) |
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| 21 | 20 | | (1) There is a rebuttable presumption that a person meets the standard |
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| 22 | 21 | | in subsection (a) for emergency detention and examination if the person was |
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| 23 | 22 | | charged with an offense described in subdivision (b)(3) and ordered by the |
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| 24 | 23 | | criminal, circuit, or general sessions court to undergo an evaluation under § 33-7- |
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| 25 | 24 | | 301 to determine whether the person is incompetent to stand trial or the person's |
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| 26 | 25 | | mental capacity at the time of the commission of the crime. |
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| 27 | 26 | | (2) The presumption established by subdivision (b)(1) may be rebutted |
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| 28 | 27 | | only by clear and convincing evidence that the person does not pose an |
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| 29 | 28 | | imminent substantial likelihood of serious harm. |
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| 30 | 29 | | (3) This subsection (b) applies to any offense for which the defendant, if |
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| 31 | 30 | | convicted, would be required to serve at least eighty-five percent (85%) of the |
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| 32 | 31 | | sentence imposed before becoming eligible for release from incarceration, |
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| 33 | 32 | | pursuant to § 40-35-501. |
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| 34 | 33 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
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