HOUSE BILL 184
By Hardaway
SENATE BILL 389
By Taylor
SB0389
001477
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AN ACT to amend Tennessee Code Annotated, Title 39,
Chapter 13 and Title 40, Chapter 35, relative to
community terrorism.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-13-103(b), is amended by adding
the following new subdivision (b)(5) and redesignating the current subdivision (b)(5) as
subdivision (b)(6):
(5)
(A) Reckless endangerment under the circumstances set out as
community terrorism in subdivision (b)(5)(D) is a Class C felony, punishable by
the following, in addition to any period of confinement:
(i)
(a) Revocation of the person's driver license, if the person
had a valid driver license on the date of conviction for the offense;
or
(b) A prohibition against the department issuing a driver
license to the person, if the person did not possess a valid driver
license at the time of conviction for the offense; and
(ii)
(a) The court shall prohibit the person from entering the
geographic territory in which the offense was committed, which
must be defined by the court in its sentencing order, for the
duration of the person's sentence, require that the person wear a
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global positioning monitoring device to ensure compliance with the
prohibition, and pay the costs associated with operating the global
positioning monitoring system for the person. If the person is
sentenced to probation, the prohibition and monitoring
requirement must be a condition of probation. If the person is
sentenced to confinement and becomes eligible for parole, the
board of parole shall include the prohibition and monitoring
requirement as a condition of parole.
(b) As used in this subdivision (b)(5)(A)(ii), "global
positioning monitoring system" means a system that electronically
determines and reports the location of an individual through the
use of a transmitter or similar device worn by the individual that
transmits latitude and longitude data to a monitoring entity through
global positioning satellite technology, and does not include a
system that contains or operates global positioning system
technology, radio frequency identification technology, or any other
similar technology that is implanted in or otherwise invades or
violates the individual's body.
(B)
(i) Upon ordering the revocation or prohibited issuance of the
person's driver license pursuant to subdivision (b)(5)(A), the court shall
submit a copy of the conviction and an order for revocation or prohibition,
whichever is applicable, to the department of safety.
(ii) Upon receipt of a conviction and an order for revocation of the
person's driver license, the department shall revoke the person's driver
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license if the person had a valid driver license on the date of conviction.
The driver license must not be reinstated or issued except as provided in
subdivision (b)(5)(C).
(C)
(i) A person whose driver license has been revoked or prohibited
from being issued pursuant to subdivision (b)(5)(A) may, immediately
following revocation or, if the person was sentenced to confinement, upon
release from confinement, apply to the sentencing court, or a court of
competent jurisdiction in the person's county of residence, for a restricted
driver license.
(ii) Upon demonstration of a compelling need by the person, the
court may allow the issuance of a restricted driver license. The restricted
license may be used for the purpose of going to and from work at the
person's regular place of employment; going to and from the person's
regular place of worship; going to and from medical appointments for the
person and the person's immediate family members; going to and from a
dependent's day care or school; and, in the case of a student enrolled full
time in an institution of higher education, going to and from that institution.
If the court orders the issuance of a restricted driver license, then the
person may obtain a certified copy of the order and, within ten (10) days
after issuance of the order, present the order to the department with an
application fee of sixty-five dollars ($65.00), and the department shall
issue a restricted driver license embodying the limitations imposed in the
order.
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(iii) No sooner than five (5) years after the person was issued a
restricted driver license by the department of safety, the person may
apply to the sentencing court or a court of competent jurisdiction in the
person's county of residence for a driver license without restrictions. If
the court finds that the person has demonstrated that the person has
been rehabilitated, then the court shall permit the person to apply for and
the department of safety to issue the person a driver license without
restrictions. If the court orders the issuance of a driver license without
restrictions, then the person may obtain a certified copy of the order and,
within ten (10) days after issuance of the order, present the order to the
department with an application fee of sixty-five dollars ($65.00), and the
department shall issue a driver license without restrictions.
(iv) A person whose driver license was revoked or prohibited is
not eligible for a driver license unless the person has applied for and
received a restricted license for a period of at least five (5) years.
(D) As used in this subdivision (b)(5), "community terrorism" means
reckless endangerment:
(i) That is committed against a population within a geographic
territory by members of a criminal gang that regularly engages in gang-
related conduct, as defined by § 29-3-101(a)(2)(B), or has a pattern of
criminal gang activity, as defined in § 40-35-121(a), and the commission
of the offense is gang-related; or
(ii) That is committed within one thousand feet (1,000') of the real
property that comprises a public or private elementary school, middle
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school, secondary school, preschool, child care agency, public library,
recreational center, or park.
SECTION 2. Tennessee Code Annotated, Section 40-35-123(b)(1), is amended by
adding the following new subdivision:
( ) Reckless endangerment under the circumstances set out as community
terrorism, as defined in § 39-13-103(b)(5)(D);
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.