| 4 | 3 | | |
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| 5 | 4 | | SENATE BILL 120 |
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| 6 | 5 | | By Lowe |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | SB0120 |
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| 10 | 9 | | 000541 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 39, |
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| 14 | 13 | | relative to criminal offenses involving controlled |
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| 15 | 14 | | substances. |
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| 16 | 15 | | |
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| 17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 18 | 17 | | SECTION 1. Tennessee Code Annotated, Section 39-13-116, is amended by adding |
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| 19 | 18 | | the following new subsection: |
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| 20 | 19 | | (e) |
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| 21 | 20 | | (1) A person commits aggravated assault against a first responder, who |
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| 22 | 21 | | knowingly possesses fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or |
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| 23 | 22 | | a fentanyl analogue, in a manner that would be reasonably foreseen to expose a |
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| 24 | 23 | | first responder to the substance while the first responder is discharging or |
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| 25 | 24 | | attempting to discharge the first responder's official duties and the first responder |
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| 26 | 25 | | is exposed to the substance resulting in: |
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| 27 | 26 | | (A) Serious bodily injury to the first responder; or |
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| 28 | 27 | | (B) The death of the first responder. |
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| 29 | 28 | | (2) As used in this subsection (e), "expose" means to come into direct |
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| 30 | 29 | | contact with a substance by touch, ingestion, or inhalation. |
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| 31 | 30 | | (3) Aggravated assault under this subsection (e) is a Class C felony, |
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| 32 | 31 | | punishable by a mandatory fine of fifteen thousand dollars ($15,000) and a |
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| 33 | 32 | | mandatory minimum sentence of ninety (90) days incarceration. The defendant |
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| 34 | 33 | | is not eligible for release from confinement until the defendant has served the |
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| 35 | 34 | | entire ninety-day mandatory minimum sentence. |
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| 36 | 35 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
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