Tennessee 2025 2025-2026 Regular Session

Tennessee Senate Bill SB0240 Chaptered / Bill

Filed 04/04/2025

                    illE 
·'.ivi· 
t'l-,1. 
cv,'t1 
~~ 
~ 
~ 
~tate of \ltennessee 
PUBLIC CHAPTER NO. 89 
HOUSE BILL NO. 207 
By Representatives Zachary, Lamberth, Sherrell, Capley, Scarbrough, Littleton, 
Alexander, Vital, Gant, Hardaway, Hawk, Cochran, Gillespie, Howell, Moody, Mitchell 
Substituted for: Senate Bill No. 240 
By Senators Taylor, Gardenhire, Lowe, Rose, Walley 
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, relative to 
organized retail crime. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: 
SECTION 1. Tennessee Code Annotated, Section 39-14-113(c), is amended by adding 
the following as new subdivisions: 
(3) Knowingly removes, destroys, deactivates, or evades any component of an 
anti-shoplifting or inventory control device to prevent the activation of that device or to 
facilitate the commission of an offense under this subsection (c); 
(4) Knowingly activates or interferes with a fire alarm system during the 
commission of an offense under this subsection (c) or to facilitate the commission of an 
offense under this subsection (c); 
(5) Knowingly uses an online marketplace or a social media platform to 
coordinate a meeting with one (1) or more individuals to sell, barter, or trade stolen 
merchandise for monetary or other gain; 
(6) Knowingly returns stolen merchandise or counterfeit merchandise to a retail 
merchant; 
(7) Receives, purchases, or possesses retail merchandise for the purpose of sale 
or resale knowing or believing the merchandise to be stolen from a merchant; 
(8) Knowingly uses any artifice, instrument, container, device, or other article to 
facilitate the commission of an offense under this subsection (c); 
(9) Knowingly uses a device or apparatus, including, but not limited to, a device 
or apparatus that can be affixed to point-of-sale terminals, automated teller machines, 
fuel pumps, and other payment processing devices, unlawfully to capture, record, or 
transmit the electronic information contained on the magnetic strip or embedded chip of 
a credit card, debit card, or other payment device with the intent to defraud another; or 
(10) Knowingly possesses, controls, or has custody of ten (10) or more 
fraudulently obtained access devices, including gift cards, with the intent to defraud 
another. As used in this subdivision (c)(10), "access devices" means any card, plate, 
code, account number, electronic serial number, mobile identification number, personal 
identification number, or other means of account access that can be used, alone or in 
conjunction with another access device, to obtain money, goods, services, or other thing 
of value, whether the device is physical or digital. 
SECTION 2. Tennessee Code Annotated, Section 39-14-113(d), is amended by adding 
the following as a new subdivision: 
(3) A violation of subsection (c) is punished one (1) classification higher than 
provided in § 39-14-105 if the defendant engages in the destruction of property or uses a 
weapon during the commission of the offense. 
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.  HOUSE BILL NO. 207 
PASSED: March 17, 2025 
~ 
c__ 
CAMERON SEXTON, SPEAKER 
HOUSE OF REPRESENTATIVES 
-~►♦ ❉夈 \..'>,,\4\_. 
- ---_ RANDY rkNALLY 
SPEAKER OF THE SENATE 
APPROVED this :)tStJ_ day of (V)Q\lrc,h 2025 
&tu 
BILL LEE, GOVERNOR