1 | 1 | | |
---|
2 | 2 | | SENATE BILL 591 |
---|
3 | 3 | | By Haile |
---|
4 | 4 | | |
---|
5 | 5 | | HOUSE BILL 1273 |
---|
6 | 6 | | By Cochran |
---|
7 | 7 | | |
---|
8 | 8 | | |
---|
9 | 9 | | HB1273 |
---|
10 | 10 | | 002327 |
---|
11 | 11 | | - 1 - |
---|
12 | 12 | | |
---|
13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 39, |
---|
14 | 14 | | relative to threats of violence. |
---|
15 | 15 | | |
---|
16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
---|
17 | 17 | | SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 3, is amended by |
---|
18 | 18 | | adding the following new section: |
---|
19 | 19 | | (a) As used in this section: |
---|
20 | 20 | | (1) "Child care agency" means the same as defined in § 71-3-501; |
---|
21 | 21 | | (2) "Mass violence" means the same as defined in § 39-16-517(a); |
---|
22 | 22 | | (3) "Means of communication" means the same as defined in § 39-16- |
---|
23 | 23 | | 517(a); and |
---|
24 | 24 | | (4) "Property" means any building, motor vehicle, grounds, recreational |
---|
25 | 25 | | area, athletic field, or other property owned, used, or operated by the child care |
---|
26 | 26 | | agency, preschool, or religious institution. |
---|
27 | 27 | | (b) |
---|
28 | 28 | | (1) A person who recklessly, by any means of communication, threatens |
---|
29 | 29 | | to commit an act of mass violence on the property of a child care agency, |
---|
30 | 30 | | preschool, or religious institution commits a Class E felony. |
---|
31 | 31 | | (2) This section does not apply to a person with an intellectual disability, |
---|
32 | 32 | | as defined in § 52-1-101. |
---|
33 | 33 | | (c) As a condition of bail or other pretrial release, the court may, in its discretion, |
---|
34 | 34 | | order the defendant to undergo an evaluation, under § 33-7-301, to determine whether |
---|
35 | 35 | | the defendant poses a substantial likelihood of serious harm to the defendant or others. |
---|
36 | 36 | | |
---|
37 | 37 | | |
---|
38 | 38 | | - 2 - 002327 |
---|
39 | 39 | | |
---|
40 | 40 | | (d) |
---|
41 | 41 | | (1) Any person who has knowledge of a threat of mass violence on the |
---|
42 | 42 | | property of a child care agency, preschool, or religious institution shall report the |
---|
43 | 43 | | threat immediately to: |
---|
44 | 44 | | (A) The local law enforcement agency with jurisdiction over the |
---|
45 | 45 | | property; and |
---|
46 | 46 | | (B) The child care agency, preschool, or religious institution that |
---|
47 | 47 | | is subject to the threat of mass violence. |
---|
48 | 48 | | (2) The report must include, to the extent known by the reporter, the |
---|
49 | 49 | | nature of the threat of mass violence, the name and address of the person |
---|
50 | 50 | | making the threat, the facts requiring the report, and any other pertinent |
---|
51 | 51 | | information. |
---|
52 | 52 | | (3) Any person who has knowledge of a threat of mass violence on the |
---|
53 | 53 | | property of a child care agency, preschool, or religious institution and knowingly |
---|
54 | 54 | | fails to report the threat commits a Class B misdemeanor. |
---|
55 | 55 | | (e) In addition to any other penalty authorized by law, a sentencing court may |
---|
56 | 56 | | order a person convicted under subsection (b) to pay restitution, including costs and |
---|
57 | 57 | | damages resulting from the disruption of the normal activity that would have otherwise |
---|
58 | 58 | | occurred on the property of the child care agency, preschool, or religious institution but |
---|
59 | 59 | | for the threat to commit an act of mass violence. |
---|
60 | 60 | | (f) If a juvenile is adjudicated delinquent for a violation of subsection (b) pursuant |
---|
61 | 61 | | to title 37, chapter 1, part 1, then the disposition must include, in addition to any other |
---|
62 | 62 | | disposition authorized by law, the suspension of the juvenile's driving privileges or ability |
---|
63 | 63 | | to obtain a driver license for a period of one (1) year in accordance with the procedure |
---|
64 | 64 | | set out in title 55, chapter 10, part 7. |
---|
65 | 65 | | |
---|
66 | 66 | | |
---|
67 | 67 | | - 3 - 002327 |
---|
68 | 68 | | |
---|
69 | 69 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
---|