Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1363 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 959
3	3	By Lamar
4	4
5	5	HOUSE BILL 1363
6	6	By Chism
7	7
8	8
9	9	HB1363
10	10	003087
11	11	- 1 -
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13	13	AN ACT to amend Tennessee Code Annotated, Title 39
14	14	and Title 40, relative to criminal law.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Title 40, Chapter 35, is amended by adding
18	18	the following as a new part:
19	19	40-35-601.
20	20	(a) Notwithstanding another law to the contrary, any person serving a sentence
21	21	of incarceration of eight (8) years or more for an offense committed prior to January 1,
22	22	2026, and who is a victim of domestic abuse subjected to substantial physical, sexual, or
23	23	psychological abuse inflicted by a member of the same family or household as the
24	24	person may, on or after January 1, 2026, submit to the sentencing court, a request to
25	25	apply for resentencing in accordance with this part. The person must include in the
26	26	request documentation proving that the person is serving a sentence of incarceration of
27	27	eight (8) years or more for an offense committed prior to January 1, 2026, and that the
28	28	person is serving such sentence for any offense eligible for an alternative sentence
29	29	pursuant to this part.
30	30	(b) If the court finds that the person has met the requirements to apply for
31	31	resentencing in subsection (a), the court shall notify such person that the person may
32	32	submit an application for resentencing. Upon such notification, the person may request
33	33	that the court appoint an attorney for the preparation of and proceedings on the
34	34	application for resentencing pursuant to this part.
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39	39	(c) If the court finds that the person has not met the requirements to apply for
40	40	resentencing in subsection (a), then the court shall notify such person and dismiss the
41	41	request without prejudice.
42	42	(d) As used in this part, "domestic abuse" means the same as defined in § 36-3-
43	43	601.
44	44	40-35-602.
45	45	(a) Upon the court's receipt of an application for resentencing, the court shall
46	46	promptly notify the district attorney general for the judicial district in which in the offense
47	47	occurred and provide such district attorney general with a copy of the application.
48	48	(b) An application for resentencing pursuant to this part must include at least two
49	49	(2) pieces of evidence corroborating the applicant's claim that, at the time of the offense,
50	50	the applicant was a victim of domestic abuse subjected to substantial physical, sexual,
51	51	or psychological abuse inflicted by a member of the same family or household as the
52	52	applicant. At least one (1) piece of evidence must be either a court record, presentence
53	53	report, social services record, hospital record, sworn statement from a witness to the
54	54	domestic violence, law enforcement record, domestic incident report, or order of
55	55	protection. Other evidence may include, but is not limited to, department of corrections
56	56	records, jail records, a showing based in part on documentation prepared at or near the
57	57	time of the commission of the offense or the prosecution of the offense tending to
58	58	support the person's claim, or verification of consultation with a licensed healthcare
59	59	provider or mental healthcare provider, employee of a court acting within the scope of
60	60	his or her employment, member of the clergy, attorney, social worker, rape crisis
61	61	counselor, or other advocate acting on behalf of an agency that assists victims of
62	62	domestic violence for the purpose of assisting such person with domestic violence victim
63	63	counseling or support.
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68	68	(c) If the court finds that the applicant has not submitted corroborating evidence
69	69	as required by subsection (b), then the court shall dismiss the application without
70	70	prejudice.
71	71	(d) If the court finds that the applicant has complied with subsection (b), then the
72	72	court shall conduct a hearing to determine whether the applicant should be resentenced
73	73	in accordance with this part. At such hearing the court shall determine any controverted
74	74	issue of fact relevant to the issue of sentencing. Reliable hearsay is admissible at such
75	75	hearings.
76	76	(e) The court may consider any fact or circumstances relevant to the imposition
77	77	of a new sentence which are submitted by the applicant or the district attorney general
78	78	and may, in addition, consider the institutional record of confinement of the applicant, but
79	79	shall not order a new presentence report or entertain any matter challenging the
80	80	underlying basis of the subject conviction. The court's consideration of the institutional
81	81	record of confinement of such applicant must include, but not be limited to, such
82	82	applicant's participation in or willingness to participate in programming such as domestic
83	83	violence, parenting, and substance abuse treatment while incarcerated and such
84	84	applicant's disciplinary history. The fact that the applicant was unable to participate in
85	85	treatment or other programming while incarcerated despite the applicant's willingness to
86	86	do so shall not be considered a negative factor in determining an application pursuant to
87	87	this section.
88	88	(f) If the court determines that the applicant should not be resentenced in
89	89	accordance with this part, the court shall inform the applicant of its decision and enter an
90	90	order to that effect. Any order issued pursuant to this section must include written
91	91	findings of fact and the reasons for the order.
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96	96	(g) If the court determines that the applicant should be resentenced in
97	97	accordance with this part, the court shall notify the applicant that, unless the applicant
98	98	withdraws the application, the court will enter an order vacating the sentence originally
99	99	imposed and impose a new sentence. An order issued pursuant to this part must
100	100	include written findings of fact and the reasons for the order.
101	101	40-35-603.
102	102	(a) An appeal of a determination under § 40-35-602 may be taken as of right:
103	103	(1) From an order denying resentencing; or
104	104	(2) From a new sentence imposed under this part, based on the grounds
105	105	that:
106	106	(A) The term of the new sentence is harsh or excessive; or
107	107	(B) The term of the new sentence is unauthorized as a matter of
108	108	law.
109	109	(b) Upon remand to the sentencing court following an appeal, the applicant shall
110	110	be given an opportunity to withdraw an application for resentencing before any
111	111	resentence is imposed.
112	112	(c) The applicant may request that the court appoint the applicant an attorney for
113	113	the preparation of and proceedings on any appeals regarding the application for
114	114	resentencing pursuant to this part.
115	115	40-35-604.
116	116	In calculating the new term to be served by an applicant pursuant to § 40-35-
117	117	602(g), the applicant must be credited for any jail time or period of incarceration credited
118	118	toward the sentence originally imposed.
119	119	SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.