| 1 | 1 | | |
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| 2 | 2 | | HOUSE BILL 34 |
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| 3 | 3 | | By Gillespie |
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| 4 | 4 | | |
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| 5 | 5 | | SENATE BILL 221 |
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| 6 | 6 | | By Taylor |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | SB0221 |
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| 10 | 10 | | 000529 |
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| 11 | 11 | | - 1 - |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 37 |
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| 14 | 14 | | and Title 40, relative to juvenile records. |
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| 15 | 15 | | |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Section 37-1-133, is amended by deleting |
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| 18 | 18 | | subsection (b) and substituting: |
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| 19 | 19 | | (b) The disposition of a child and evidence adduced in a hearing in juvenile court |
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| 20 | 20 | | must not be used against such child in any proceeding in any court other than a juvenile |
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| 21 | 21 | | court, whether before or after reaching majority, except in: |
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| 22 | 22 | | (1) Pretrial reports used to set bonds; |
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| 23 | 23 | | (2) Dispositional proceedings after conviction of a felony for the purposes |
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| 24 | 24 | | of a presentence investigation and report; |
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| 25 | 25 | | (3) A proceeding pursuant to § 39-17-1352; or |
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| 26 | 26 | | (4) A criminal prosecution for a violation of the prohibition on purchasing |
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| 27 | 27 | | or possessing firearms imposed under § 37-1-190. |
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| 28 | 28 | | SECTION 2. Tennessee Code Annotated, Section 37-1-153, is amended by deleting |
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| 29 | 29 | | subdivision (a)(4) and substituting: |
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| 30 | 30 | | (4) A court and its probation and other officials or professional staff and the |
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| 31 | 31 | | attorney for the defendant for use in pretrial reports used to set bonds and preparing a |
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| 32 | 32 | | presentence report in a criminal case in which the defendant is convicted and who prior |
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| 33 | 33 | | thereto had been a party to the proceeding in juvenile court; |
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| 34 | 34 | | SECTION 3. Tennessee Code Annotated, Section 40-11-118, is amended by deleting |
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| 35 | 35 | | subdivision (b)(7) and substituting: |
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| 36 | 36 | | |
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| 37 | 37 | | |
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| 38 | 38 | | - 2 - 000529 |
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| 39 | 39 | | |
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| 40 | 40 | | (7) The defendant's prior juvenile record and prior criminal record and the |
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| 41 | 41 | | likelihood that because of the records the defendant will pose a risk of danger to the |
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| 42 | 42 | | community; |
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| 43 | 43 | | SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it. |
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