1 | 1 | | |
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2 | 2 | | SENATE BILL 673 |
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3 | 3 | | By Taylor |
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4 | 4 | | |
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5 | 5 | | HOUSE BILL 661 |
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6 | 6 | | By White |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | HB0661 |
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10 | 10 | | 001952 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 38; |
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14 | 14 | | Title 39 and Title 40, relative to the |
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15 | 15 | | Comprehensive Assault Crime Intervention Act. |
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16 | 16 | | |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 18 | | SECTION 1. This act is known and may be cited as the "Comprehensive Assault Crime |
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19 | 19 | | Intervention Act." |
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20 | 20 | | SECTION 2. Tennessee Code Annotated, Section 39-13-111(d), is amended by |
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21 | 21 | | deleting the subsection and substituting: |
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22 | 22 | | (d) As part of a defendant's alternative sentencing for a violation of this section: |
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23 | 23 | | (1) The sentencing judge shall direct the defendant to complete an |
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24 | 24 | | available counseling program that addresses violence and control issues |
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25 | 25 | | including, but not limited to, a batterer's intervention program that meets the |
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26 | 26 | | requirements in § 38-12-110 and has been certified by the domestic violence |
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27 | 27 | | state coordinating council. A batterer's intervention program, certified or |
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28 | 28 | | noncertified, is not deemed complete until the full term of the program is |
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29 | 29 | | completed, and a judge shall not authorize a defendant to attend less than the |
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30 | 30 | | full term of a program as part of a plea agreement or otherwise. The defendant's |
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31 | 31 | | knowing failure to complete such an intervention program is considered a |
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32 | 32 | | violation of the defendant's alternative sentence program and the sentencing |
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33 | 33 | | judge may revoke the defendant's participation in such program and order |
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34 | 34 | | execution of sentence; and |
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35 | 35 | | (2) The sentencing judge may direct the defendant to complete a drug or |
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36 | 36 | | alcohol treatment program. |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | - 2 - 001952 |
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40 | 40 | | |
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41 | 41 | | SECTION 3. Tennessee Code Annotated, Section 40-32-101, is amended by deleting |
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42 | 42 | | subdivision (g)(1)(B)(i) and substituting: |
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43 | 43 | | (i) Section 39-13-101(a)(1) and (2) — Assault; |
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44 | 44 | | SECTION 4. Tennessee Code Annotated, Section 38-12-110, is amended by adding |
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45 | 45 | | the following new subsection: |
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46 | 46 | | (d) The council shall prescribe the term of the batterer's intervention programs to |
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47 | 47 | | meet for a minimum of twenty-six (26) weeks and not more than forty eight (48) weeks. |
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48 | 48 | | Each meeting must be at least three (3) hours long. The ratio of participants to |
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49 | 49 | | intervention counselors must be not more than six (6) participants to one (1) counselor, |
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50 | 50 | | with not more than ten (10) participants in each course. |
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51 | 51 | | SECTION 5. Tennessee Code Annotated, Section 39-17-315, is amended by adding |
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52 | 52 | | the following new subsection: |
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53 | 53 | | (n) In addition to any other punishment that may be imposed for a violation of |
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54 | 54 | | this section, the sentencing judge shall require the defendant to attend an individual |
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55 | 55 | | counseling program that addresses violence and control issues, including a batterer's |
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56 | 56 | | intervention program that has been certified by the domestic violence state coordinating |
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57 | 57 | | council, pursuant to § 38-12-110. |
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58 | 58 | | SECTION 6. Tennessee Code Annotated, Section 39-13-101, is amended by adding |
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59 | 59 | | the following new subsection: |
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60 | 60 | | (d) In addition to any other punishment that may be imposed for a violation of |
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61 | 61 | | this section, the sentencing judge shall require the defendant to attend an individual |
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62 | 62 | | counseling program that addresses violence and control issues, including a batterer's |
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63 | 63 | | intervention program that has been certified by the domestic violence state coordinating |
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64 | 64 | | council, pursuant to § 38-12-110. |
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65 | 65 | | |
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66 | 66 | | |
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67 | 67 | | - 3 - 001952 |
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68 | 68 | | |
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69 | 69 | | SECTION 7. Tennessee Code Annotated, Section 38-12-109, is amended by deleting |
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70 | 70 | | subsection (a) and substituting: |
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71 | 71 | | The administrative office of the courts and the domestic violence state |
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72 | 72 | | coordinating council shall establish a policy regarding, and a continuing education |
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73 | 73 | | curriculum concerning, domestic violence and assault and shall provide continuing |
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74 | 74 | | education on domestic violence and assault to all judges and court personnel throughout |
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75 | 75 | | the state who are likely to encounter situations of domestic violence and assault. The |
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76 | 76 | | administrative office of the courts may adopt the policy and training curriculum |
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77 | 77 | | developed by the domestic violence state coordinating council, and may revise the policy |
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78 | 78 | | and training curriculum at its discretion. The continuing education must be for a period |
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79 | 79 | | of at least twelve (12) hours per year and is in addition to the training required by § 36-6- |
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80 | 80 | | 702. |
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81 | 81 | | SECTION 8. This act takes effect July 1, 2025, the public welfare requiring it. |
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