| 1 | 1 | | |
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| 2 | 2 | | HOUSE BILL 77 |
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| 3 | 3 | | By Stevens |
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| 4 | 4 | | |
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| 5 | 5 | | SENATE BILL 237 |
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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 | | SB0237 |
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| 10 | 10 | | 000871 |
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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 | | Title 39 and Chapter 1007 of the Public Acts of |
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| 15 | 15 | | 2024, relative to juvenile offenders. |
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| 16 | 16 | | |
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| 17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 18 | 18 | | SECTION 1. Tennessee Code Annotated, Section 37-1-134, is amended by adding the |
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| 19 | 19 | | following as a new subsection: |
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| 20 | 20 | | (m) |
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| 21 | 21 | | (1) Notwithstanding subsections (a), (b), and (l), after a petition has been |
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| 22 | 22 | | filed alleging delinquency based on conduct that is designated a crime or public |
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| 23 | 23 | | offense under the laws, including local ordinances, of this state, the court, before |
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| 24 | 24 | | hearing the petition on the merits, shall transfer the child to the sheriff of the |
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| 25 | 25 | | county to be held according to law and to be dealt with as an adult in the criminal |
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| 26 | 26 | | court of competent jurisdiction. The disposition of the child shall be as if the child |
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| 27 | 27 | | were an adult if: |
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| 28 | 28 | | (A) The child was sixteen (16) years of age or older at the time of |
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| 29 | 29 | | the alleged conduct; |
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| 30 | 30 | | (B) The child has a prior adjudication of delinquency for any |
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| 31 | 31 | | offense; and |
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| 32 | 32 | | (C) The court finds: |
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| 33 | 33 | | (i) There is probable cause to believe that the child |
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| 34 | 34 | | committed the delinquent act as alleged; and |
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| 35 | 35 | | (ii) The child is not committable to an institution for the |
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| 36 | 36 | | developmentally disabled or mentally ill. |
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| 37 | 37 | | |
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| 38 | 38 | | |
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| 39 | 39 | | - 2 - 000871 |
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| 40 | 40 | | |
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| 41 | 41 | | (2) A hearing to determine whether the requirements of subdivision |
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| 42 | 42 | | (m)(1) have been met must be held in conformity with §§ 37-1-124, 37-1-126, |
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| 43 | 43 | | and 37-1-127. |
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| 44 | 44 | | (3) Reasonable notice in writing of the time, place, and purpose of the |
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| 45 | 45 | | hearing must be given to the child, the child's parent, guardian, or other |
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| 46 | 46 | | custodian at least fourteen (14) days prior to the hearing. |
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| 47 | 47 | | SECTION 2. Tennessee Code Annotated, Section 37-1-134(c), is amended by deleting |
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| 48 | 48 | | "The transfer pursuant to subsection (a)" and substituting "A transfer pursuant to subsection (a) |
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| 49 | 49 | | or (m)". |
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| 50 | 50 | | SECTION 3. Tennessee Code Annotated, Section 37-1-159(d)(2), is amended by |
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| 51 | 51 | | deleting "§ 37-1-134(a) and (b)" and substituting "§ 37-1-134(a), (b), or (m)". |
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| 52 | 52 | | SECTION 4. Tennessee Code Annotated, Section 37-1-131, is amended by deleting |
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| 53 | 53 | | subdivision (g)(1)(B). |
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| 54 | 54 | | SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it, and |
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| 55 | 55 | | applies to acts committed on or after that date. |
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