| 4 | 3 | | |
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| 5 | 4 | | SENATE BILL 591 |
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| 6 | 5 | | By Haile |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | SB0591 |
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| 10 | 9 | | 002327 |
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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 threats of violence. |
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| 15 | 14 | | |
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| 16 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 16 | | SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 3, is amended by |
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| 18 | 17 | | adding the following new section: |
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| 19 | 18 | | (a) As used in this section: |
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| 20 | 19 | | (1) "Child care agency" means the same as defined in § 71-3-501; |
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| 21 | 20 | | (2) "Mass violence" means the same as defined in § 39-16-517(a); |
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| 22 | 21 | | (3) "Means of communication" means the same as defined in § 39-16- |
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| 23 | 22 | | 517(a); and |
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| 24 | 23 | | (4) "Property" means any building, motor vehicle, grounds, recreational |
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| 25 | 24 | | area, athletic field, or other property owned, used, or operated by the child care |
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| 26 | 25 | | agency, preschool, or religious institution. |
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| 27 | 26 | | (b) |
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| 28 | 27 | | (1) A person who recklessly, by any means of communication, threatens |
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| 29 | 28 | | to commit an act of mass violence on the property of a child care agency, |
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| 30 | 29 | | preschool, or religious institution commits a Class E felony. |
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| 31 | 30 | | (2) This section does not apply to a person with an intellectual disability, |
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| 32 | 31 | | as defined in § 52-1-101. |
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| 33 | 32 | | (c) As a condition of bail or other pretrial release, the court may, in its discretion, |
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| 34 | 33 | | order the defendant to undergo an evaluation, under § 33-7-301, to determine whether |
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| 35 | 34 | | the defendant poses a substantial likelihood of serious harm to the defendant or others. |
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| 41 | 40 | | (1) Any person who has knowledge of a threat of mass violence on the |
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| 42 | 41 | | property of a child care agency, preschool, or religious institution shall report the |
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| 43 | 42 | | threat immediately to: |
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| 44 | 43 | | (A) The local law enforcement agency with jurisdiction over the |
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| 45 | 44 | | property; and |
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| 46 | 45 | | (B) The child care agency, preschool, or religious institution that |
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| 47 | 46 | | is subject to the threat of mass violence. |
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| 48 | 47 | | (2) The report must include, to the extent known by the reporter, the |
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| 49 | 48 | | nature of the threat of mass violence, the name and address of the person |
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| 50 | 49 | | making the threat, the facts requiring the report, and any other pertinent |
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| 51 | 50 | | information. |
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| 52 | 51 | | (3) Any person who has knowledge of a threat of mass violence on the |
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| 53 | 52 | | property of a child care agency, preschool, or religious institution and knowingly |
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| 54 | 53 | | fails to report the threat commits a Class B misdemeanor. |
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| 55 | 54 | | (e) In addition to any other penalty authorized by law, a sentencing court may |
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| 56 | 55 | | order a person convicted under subsection (b) to pay restitution, including costs and |
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| 57 | 56 | | damages resulting from the disruption of the normal activity that would have otherwise |
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| 58 | 57 | | occurred on the property of the child care agency, preschool, or religious institution but |
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| 59 | 58 | | for the threat to commit an act of mass violence. |
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| 60 | 59 | | (f) If a juvenile is adjudicated delinquent for a violation of subsection (b) pursuant |
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| 61 | 60 | | to title 37, chapter 1, part 1, then the disposition must include, in addition to any other |
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| 62 | 61 | | disposition authorized by law, the suspension of the juvenile's driving privileges or ability |
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| 63 | 62 | | to obtain a driver license for a period of one (1) year in accordance with the procedure |
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| 64 | 63 | | set out in title 55, chapter 10, part 7. |
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