1 | 1 | | |
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2 | 2 | | SENATE BILL 324 |
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3 | 3 | | By Massey |
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4 | 4 | | |
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5 | 5 | | HOUSE BILL 1200 |
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6 | 6 | | By Kumar |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | HB1200 |
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10 | 10 | | 001990 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | |
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14 | 14 | | AN ACT to amend Tennessee Code Annotated, Title 18; |
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15 | 15 | | Section 38-6-103; Title 39 and Title 40, relative to |
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16 | 16 | | domestic violence. |
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17 | 17 | | |
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18 | 18 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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19 | 19 | | SECTION 1. This act is known and may be cited as "Savanna's Law." |
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20 | 20 | | SECTION 2. Tennessee Code Annotated, Title 40, Chapter 39, is amended by adding |
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21 | 21 | | the following as a new part: |
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22 | 22 | | 40-39-401. |
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23 | 23 | | As used in this part: |
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24 | 24 | | (1) "Convicted" and "conviction" mean a verdict of guilty by a judge or |
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25 | 25 | | jury or a plea of guilty and include a plea of nolo contendere and a best interest |
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26 | 26 | | plea accepted by the court; |
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27 | 27 | | (2) "Domestic abuse victim" has the same meaning as defined in § 36-3- |
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28 | 28 | | 601; |
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29 | 29 | | (3) "Persistent domestic violence offender" means a person who: |
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30 | 30 | | (A) Has been convicted in this state of an offense committed |
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31 | 31 | | against a domestic abuse victim; and |
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32 | 32 | | (B) Has at least one (1) prior conviction for an offense committed |
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33 | 33 | | against a domestic abuse victim; |
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34 | 34 | | (4) "Prior conviction" has the same meaning as defined in § 40-35-106; |
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35 | 35 | | and |
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36 | 36 | | (5) "TBI" means the Tennessee bureau of investigation. |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | - 2 - 001990 |
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40 | 40 | | |
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41 | 41 | | 40-39-402. |
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42 | 42 | | (a) There is created within the TBI a registry of persistent domestic violence |
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43 | 43 | | offenders. |
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44 | 44 | | (b) The TBI shall maintain this registry based upon information supplied to the |
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45 | 45 | | TBI by the court clerks pursuant to subsections (c) and (d) and information available to |
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46 | 46 | | the TBI from the department of correction and local law enforcement agencies. The TBI |
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47 | 47 | | shall make the registry available for public inquiry on the internet. |
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48 | 48 | | (c) The registry must consist of the persistent domestic violence offender's |
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49 | 49 | | name, date of birth, conviction date, county or counties of convictions, and a current |
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50 | 50 | | photograph of the persistent domestic violence offender. If available after reasonable |
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51 | 51 | | inquiry, the court clerk shall provide the TBI with a copy of the persistent domestic |
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52 | 52 | | violence offender's driver license, or other state or federal identification, and such other |
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53 | 53 | | identifying data as the TBI determines is necessary to properly identify the persistent |
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54 | 54 | | domestic violence offender and exclude innocent persons. However, the registry |
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55 | 55 | | available for public inquiry must not include the persistent domestic violence offender's |
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56 | 56 | | address, social security number, driver license number, or any other state or federal |
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57 | 57 | | identification number. |
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58 | 58 | | (d) |
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59 | 59 | | (1) If a person is convicted of an offense committed against a domestic |
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60 | 60 | | abuse victim and the person convicted has at least one (1) prior conviction for an |
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61 | 61 | | offense committed against a domestic abuse victim, then the court shall, upon |
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62 | 62 | | proof of any prior convictions committed against a domestic abuse victim, order |
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63 | 63 | | the defendant to register as a persistent domestic violence offender under this |
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64 | 64 | | part. |
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65 | 65 | | |
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66 | 66 | | |
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67 | 67 | | - 3 - 001990 |
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68 | 68 | | |
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69 | 69 | | (2) If a court orders a defendant to register under this part, then the court |
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70 | 70 | | clerk shall forward to the TBI a certified copy of the qualifying conviction and the |
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71 | 71 | | date of birth of the defendant. The court clerk shall forward the information to the |
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72 | 72 | | TBI within seven (7) days of the date of the conviction. |
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73 | 73 | | (e) Notwithstanding § 40-35-111 and in addition to any other punishment that |
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74 | 74 | | may be imposed for a conviction of the offense, a defendant required to register under |
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75 | 75 | | this part must be assessed a registration fee in the amount of one hundred fifty dollars |
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76 | 76 | | ($150), which must be paid to the clerk of the court imposing the sentence, who shall: |
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77 | 77 | | (1) Retain fifty dollars ($50.00) of the fee for the administration of this |
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78 | 78 | | part, which must be reserved for the purposes authorized by this part at the end |
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79 | 79 | | of each fiscal year; and |
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80 | 80 | | (2) Remit one hundred dollars ($100) of the fee to the TBI for the |
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81 | 81 | | administration of this part, which must be reserved for the purposes authorized |
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82 | 82 | | by this part at the end of each fiscal year. |
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83 | 83 | | (f) The TBI shall remove from the registry the name and other identifying |
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84 | 84 | | information of a persistent domestic violence offender required to register under this |
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85 | 85 | | part: |
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86 | 86 | | (1) Two (2) years after the date of the most recent conviction for an |
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87 | 87 | | offense committed against a domestic abuse victim if the defendant has one (1) |
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88 | 88 | | prior conviction for an offense committed against a domestic abuse victim; |
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89 | 89 | | (2) Five (5) years after the date of the most recent conviction for an |
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90 | 90 | | offense committed against a domestic abuse victim if the defendant has two (2) |
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91 | 91 | | prior convictions for an offense committed against a domestic abuse victim; and |
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92 | 92 | | (3) Ten (10) years after the date of the most recent conviction for an |
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93 | 93 | | offense committed against a domestic abuse victim if the defendant has three (3) |
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94 | 94 | | |
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95 | 95 | | |
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96 | 96 | | - 4 - 001990 |
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97 | 97 | | |
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98 | 98 | | or more prior convictions for an offense committed against a domestic abuse |
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99 | 99 | | victim. |
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100 | 100 | | (g) This section applies only to persons convicted of an offense committed |
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101 | 101 | | against a domestic abuse victim that occurred on or after January 1, 2026; provided, |
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102 | 102 | | however, that a prior conviction is not required to occur on or after January 1, 2026. |
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103 | 103 | | SECTION 3. This act takes effect January 1, 2026, the public welfare requiring it, and |
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104 | 104 | | applies to offenses committed on or after that date. |
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