Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0792 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 906
3		-	By Lamar
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 792
6	5		By Behn
7	6
8	7
9	8		HB0792
10	9		003037
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13	12		AN ACT to amend Tennessee Code Annotated, Title 29;
14	13		Title 38; Title 39; Title 40 and Title 67, relative to
15	14		criminal justice.
16	15
17	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	17		SECTION 1. This act is known and may be cited as the "Tennessee Sexual Violence
19	18		Justice Act."
20	19		SECTION 2. Tennessee Code Annotated, Title 38, Chapter 1, is amended by adding
21	20		the following new part:
22	21		38-1-1001.
23	22		As used in this part:
24	23		(1) "Forensic medical examination" means the same as defined in § 39-
25	24		13-519;
26	25		(2) "Law enforcement personnel" means any law enforcement officer,
27	26		detective, investigator, crime scene technician, or other personnel involved in
28	27		investigating claims of sexual assault or processing evidence related to sexual
29	28		assault;
30	29		(3) "Sexual assault" means any nonconsensual sexual act prohibited
31	30		under title 39, including rape, incest, or statutory rape;
32	31		(4) "Trauma-informed approach" means a manner of interacting with
33	32		victims that is sensitive to the impact of trauma and emphasizes creating a sense
34	33		of safety and empowerment;
35	34		(5) "Victim" means the direct target of an alleged sexual assault;
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40	39		(6) "Victim advocate" means a professional working for a government
41	40		agency or nonprofit organization who provides support services, counseling, or
42	41		assistance to victims of sexual assault; and
43	42		(7) "Victim-centered approach" means an approach that prioritizes the
44	43		rights, needs, and desires of the victim when investigating crimes, collecting
45	44		evidence, and interacting with victims.
46	45		38-1-1002.
47	46		(a) All law enforcement personnel involved in investigating sexual assault crimes
48	47		must complete a minimum of sixteen (16) hours annually of sensitivity training provided
49	48		by the Tennessee peace officer standards and training (POST) commission related to
50	49		interacting with victims of sexual violence.
51	50		(b) The curriculum for the training required by subsection (a) must be developed
52	51		by the POST commission in coordination with sexual violence prevention organizations,
53	52		victim advocates, and healthcare providers who perform forensic medical examinations
54	53		and must emphasize trauma-informed, victim-centered approaches.
55	54		(c) After the sensitivity training is completed, a participant must be assessed in a
56	55		mock situation ensuring the training was comprehended and applied.
57	56		(d) Law enforcement personnel must complete training within one hundred
58	57		twenty (120) days of starting in a sexual assault investigation role.
59	58		(e) Every three (3) years, the POST commission must present, as part of the
60	59		required in-service training for POST-certified law enforcement officers, training on
61	60		sexual assault response and report writing requirements, including:
62	61		(1) Recognizing the symptoms of trauma;
63	62		(2) Understanding the role trauma has played in a victim's life;
64	63		(3) Responding to the needs and concerns of a victim;
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69	68		(4) Delivering services in a compassionate, sensitive, and nonjudgmental
70	69		manner;
71	70		(5) Interviewing techniques in accordance with the curriculum standards
72	71		in this subsection (e);
73	72		(6) Understanding cultural perceptions and common myths of sexual
74	73		assault and sexual abuse; and
75	74		(7) Report writing techniques in accordance with the curriculum
76	75		standards in this subsection (e).
77	76		(f) The training required by subsections (a) and (e) must also be presented as
78	77		part of the training for initial police officer standards and training certification.
79	78		(g) In order to provide the training required by subsections (a) and (e), an
80	79		instructor must have successfully completed training on evidence-based, trauma-
81	80		informed, victim-centered responses to cases of sexual assault and must have
82	81		experience responding to sexual assault cases.
83	82		(h) The POST commission is authorized to promulgate rules to effectuate this
84	83		section. The rules must be promulgated in accordance with the Uniform Administrative
85	84		Procedures Act, compiled in title 4, chapter 5. The rules must include the following:
86	85		(1) Evidence-based curriculum standards for report writing and
87	86		immediate response to sexual assault, including trauma-informed, victim-
88	87		centered interview techniques, which have been demonstrated to minimize
89	88		retraumatization, for all law enforcement officers; and
90	89		(2) Evidence-based curriculum standards for trauma-informed, victim-
91	90		centered investigation and interviewing techniques, which have been
92	91		demonstrated to minimize retraumatization, for cases of sexual assault and for all
93	92		law enforcement officers who conduct sexual assault investigations.
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98	97		SECTION 3. Tennessee Code Annotated, Section 39-13-519(d)(1), is amended by
99	98		redesignating the subdivision as subdivision (d)(1)(A) and adding the following new subdivision:
100	99		(B)
101	100		(i) By January 1, 2026, the TBI must test all previously untested sexual
102	101		assault evidence collection kits that were submitted prior to July 1, 2025,
103	102		prioritizing kits that are related to ongoing investigations.
104	103		(ii) Effective July 1, 2025, the TBI must test each sexual assault evidence
105	104		collection kit within ninety (90) days of receipt from a law enforcement agency.
106	105		(iii) The TBI must prepare an annual report on the average number of
107	106		days required for testing a sexual assault evidence collection kit over the prior
108	107		calendar year, the number of untested sexual assault evidence collection kits that
109	108		will not be tested within the required period of time, and recommendations for
110	109		how best to meet the requirements of this subdivision (d)(1)(B). The report must
111	110		be submitted by February 1 of each year to the governor and the chairs of the
112	111		judiciary committee of the senate and the committee having jurisdiction over
113	112		criminal justice-related matters of the house of representatives and posted on the
114	113		TBI's website.
115	114		SECTION 4. Tennessee Code Annotated, Section 39-13-519, is amended by adding
116	115		the following new subsection:
117	116		(1) In testing sexual assault evidence collection kits, the TBI must develop
118	117		autosomal DNA profiles that are eligible for entry into the combined DNA index system
119	118		(CODIS) and other relevant state or local DNA databases.
120	119		(2) With the goal of generating a CODIS-eligible DNA profile, if the TBI is unable
121	120		to obtain an autosomal CODIS-eligible DNA profile, then the TBI should evaluate the
122	121		case to determine if another DNA-typing result could be used for investigative purposes.
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127	126		(3) In cases where testing has resulted in a DNA profile, the laboratory must
128	127		enter the full profile into the CODIS database and other relevant state or local DNA
129	128		databases. The average completion rate for this analysis and classification must not
130	129		exceed ninety (90) days.
131	130		(4) If the TBI crime laboratories are unable to meet the deadline specified above,
132	131		then kits must be outsourced for testing to an accredited private crime laboratory.
133	132		SECTION 5. Tennessee Code Annotated, Section 39-13-519(d)(2), is amended by
134	133		deleting the language "ten (10) years" and substituting "twenty-five (25) years".
135	134		SECTION 6. Tennessee Code Annotated, Section 29-13-108(a), is amended by
136	135		deleting the first sentence of the subsection and substituting:
137	136		A claim for compensation must be filed not later than two (2) years after
138	137		the occurrence of the crime upon which the claim is based, two (2) years after
139	138		the death of the victim, or twelve (12) years after mental or physical manifestation
140	139		or injury is diagnosed as a result of an act that would constitute a criminal offense
141	140		under §§ 39-13-502 – 39-13-506, § 39-13-509, § 39-13-518, § 39-13-522, § 39-
142	141		13-527, § 39-13-534, § 39-13-535, § 39-15-302, § 39-17-902, or §§ 39-17-1003 –
143	142		39-17-1005, or an attempt, conspiracy, or solicitation to commit such offenses;
144	143		provided, that upon good cause shown, the time period for filing such claim may
145	144		be extended either before or after the expiration of the filing period.
146	145		SECTION 7. Tennessee Code Annotated, Section 29-13-103(a)(4), is amended by
147	146		deleting the subdivision and substituting:
148	147		(4) The claimant has fully cooperated with the police and the district attorney
149	148		general in the investigation and prosecution of the offender, except in cases involving:
150	149		(A) A victim of domestic violence, a sexual offense under §§ 39-13-502 –
151	150		39-13-506, § 39-13-509, § 39-13-518, § 39-13-522, § 39-13-527, § 39-13-534, §
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156	155		39-13-535, § 39-15-302, § 39-17-902, or §§ 39-17-1003 – 39-17-1005, a human
157	156		trafficking offense, as defined in § 39-13-314, or stalking under § 39-17-315; or
158	157		(B) A victim where it is determined that the victim's cooperation may be
159	158		or had been impacted due to the victim's age, physical condition, psychological
160	159		state, cultural or linguistic barriers, or another health or safety concern that
161	160		jeopardizes the victim's well-being, including a reasonable fear of retaliation or
162	161		harm that would jeopardize the well-being of the victim or the victim's family;
163	162		SECTION 8. Tennessee Code Annotated, Section 29-13-103(a)(7), is amended by
164	163		deleting the subdivision and substituting:
165	164		(7) The victim or a member of the victim's family reported the offense to the
166	165		proper law enforcement authorities within the time prescribed in § 29-13-108(a), except
167	166		in cases involving a victim of domestic violence, a sexual offense under §§ 39-13-502 –
168	167		39-13-506, § 39-13-509, § 39-13-518, § 39-13-522, § 39-13-527, § 39-13-534, § 39-13-
169	168		535, § 39-15-302, § 39-17-902, or §§ 39-17-1003 – 39-17-1005, a human trafficking
170	169		offense, as defined in § 39-13-314, or stalking under § 39-17-315.
171	170		SECTION 9. Tennessee Code Annotated, Section 29-13-103, is amended by adding
172	171		the following new subsection:
173	172		(c) In cases of domestic violence, sexual offenses, human trafficking, or stalking:
174	173		(1) The claimant may prove the facts required by subsection (a) using
175	174		any court documents and forms of reporting, including an application for an order
176	175		of protection, sexual assault evidence collection kit documentation, verification of
177	176		participation in the home address confidentiality program established under title
178	177		40, chapter 38, part 6, or documentation that the offense was reported to a
179	178		licensed medical provider, licensed mental health provider, tribal health provider,
180	179		or law enforcement agency within one hundred eighty (180) days;
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185	184		(2) The claimant shall not be subjected to invasive questioning and may
186	185		only be interrogated for information strictly necessary to verify eligibility; and
187	186		(3) Upon a showing that a delay in filing a claim under this part occurred
188	187		because of a delay in the testing of, or a delay in the DNA profile matching from,
189	188		a sexual assault evidence collection kit or biological material collected as
190	189		evidence related to a sexual offense, a person who is eligible for compensation
191	190		may receive a waiver of any claim filing deadline.
192	191		SECTION 10. Tennessee Code Annotated, Section 38-1-903, is amended by adding
193	192		the following new subsections:
194	193		(d) A SART has oversight authority over local law enforcement agency handling
195	194		of sexual assault crimes and power to conduct audits and reviews of sexual assault
196	195		crime investigations.
197	196		(e) Each SART must submit an annual report to the general assembly on the law
198	197		enforcement agency's progress in implementing Section 2 of this act.
199	198		SECTION 11. Tennessee Code Annotated, Title 67, Chapter 1, Part 1, is amended by
200	199		adding the following new section:
201	200		A taxpayer may voluntarily allocate any refund due to the taxpayer toward
202	201		funding the law enforcement training required by title 38, chapter 1, part 10 and
203	202		expedited forensic testing of sexual assault evidence collection kits required by § 39-13-
204	203		519(d)(1)(B), pursuant to the Tennessee Sexual Violence Justice Act. The department
205	204		of revenue shall provide a space on each tax return for the taxpayer to indicate such
206	205		allocation.
207	206		SECTION 12. Tennessee Code Annotated, Section 38-8-104, is amended by adding
208	207		the following new subsection:
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213	212		(h) Any funds allocated to the commission that remain unexpended at the end of
214	213		a fiscal year must not revert to the general fund, but must be carried forward into the
215	214		subsequent fiscal year, with fifty percent (50%) of the remainder to be expended to fund
216	215		sensitivity training related to interacting with victims of sexual violence, as required by
217	216		chapter 1, part 10 of this title.
218	217		SECTION 13. This act takes effect July 1, 2025, the public welfare requiring it.