Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0906 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HOUSE BILL 792
3	3	By Behn
4	4
5	5	SENATE BILL 906
6	6	By Lamar
7	7
8	8
9	9	SB0906
10	10	003037
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 29;
14	14	Title 38; Title 39; Title 40 and Title 67, relative to
15	15	criminal justice.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. This act is known and may be cited as the "Tennessee Sexual Violence
19	19	Justice Act."
20	20	SECTION 2. Tennessee Code Annotated, Title 38, Chapter 1, is amended by adding
21	21	the following new part:
22	22	38-1-1001.
23	23	As used in this part:
24	24	(1) "Forensic medical examination" means the same as defined in § 39-
25	25	13-519;
26	26	(2) "Law enforcement personnel" means any law enforcement officer,
27	27	detective, investigator, crime scene technician, or other personnel involved in
28	28	investigating claims of sexual assault or processing evidence related to sexual
29	29	assault;
30	30	(3) "Sexual assault" means any nonconsensual sexual act prohibited
31	31	under title 39, including rape, incest, or statutory rape;
32	32	(4) "Trauma-informed approach" means a manner of interacting with
33	33	victims that is sensitive to the impact of trauma and emphasizes creating a sense
34	34	of safety and empowerment;
35	35	(5) "Victim" means the direct target of an alleged sexual assault;
36	36
37	37
38	38	- 2 - 003037
39	39
40	40	(6) "Victim advocate" means a professional working for a government
41	41	agency or nonprofit organization who provides support services, counseling, or
42	42	assistance to victims of sexual assault; and
43	43	(7) "Victim-centered approach" means an approach that prioritizes the
44	44	rights, needs, and desires of the victim when investigating crimes, collecting
45	45	evidence, and interacting with victims.
46	46	38-1-1002.
47	47	(a) All law enforcement personnel involved in investigating sexual assault crimes
48	48	must complete a minimum of sixteen (16) hours annually of sensitivity training provided
49	49	by the Tennessee peace officer standards and training (POST) commission related to
50	50	interacting with victims of sexual violence.
51	51	(b) The curriculum for the training required by subsection (a) must be developed
52	52	by the POST commission in coordination with sexual violence prevention organizations,
53	53	victim advocates, and healthcare providers who perform forensic medical examinations
54	54	and must emphasize trauma-informed, victim-centered approaches.
55	55	(c) After the sensitivity training is completed, a participant must be assessed in a
56	56	mock situation ensuring the training was comprehended and applied.
57	57	(d) Law enforcement personnel must complete training within one hundred
58	58	twenty (120) days of starting in a sexual assault investigation role.
59	59	(e) Every three (3) years, the POST commission must present, as part of the
60	60	required in-service training for POST-certified law enforcement officers, training on
61	61	sexual assault response and report writing requirements, including:
62	62	(1) Recognizing the symptoms of trauma;
63	63	(2) Understanding the role trauma has played in a victim's life;
64	64	(3) Responding to the needs and concerns of a victim;
65	65
66	66
67	67	- 3 - 003037
68	68
69	69	(4) Delivering services in a compassionate, sensitive, and nonjudgmental
70	70	manner;
71	71	(5) Interviewing techniques in accordance with the curriculum standards
72	72	in this subsection (e);
73	73	(6) Understanding cultural perceptions and common myths of sexual
74	74	assault and sexual abuse; and
75	75	(7) Report writing techniques in accordance with the curriculum
76	76	standards in this subsection (e).
77	77	(f) The training required by subsections (a) and (e) must also be presented as
78	78	part of the training for initial police officer standards and training certification.
79	79	(g) In order to provide the training required by subsections (a) and (e), an
80	80	instructor must have successfully completed training on evidence-based, trauma-
81	81	informed, victim-centered responses to cases of sexual assault and must have
82	82	experience responding to sexual assault cases.
83	83	(h) The POST commission is authorized to promulgate rules to effectuate this
84	84	section. The rules must be promulgated in accordance with the Uniform Administrative
85	85	Procedures Act, compiled in title 4, chapter 5. The rules must include the following:
86	86	(1) Evidence-based curriculum standards for report writing and
87	87	immediate response to sexual assault, including trauma-informed, victim-
88	88	centered interview techniques, which have been demonstrated to minimize
89	89	retraumatization, for all law enforcement officers; and
90	90	(2) Evidence-based curriculum standards for trauma-informed, victim-
91	91	centered investigation and interviewing techniques, which have been
92	92	demonstrated to minimize retraumatization, for cases of sexual assault and for all
93	93	law enforcement officers who conduct sexual assault investigations.
94	94
95	95
96	96	- 4 - 003037
97	97
98	98	SECTION 3. Tennessee Code Annotated, Section 39-13-519(d)(1), is amended by
99	99	redesignating the subdivision as subdivision (d)(1)(A) and adding the following new subdivision:
100	100	(B)
101	101	(i) By January 1, 2026, the TBI must test all previously untested sexual
102	102	assault evidence collection kits that were submitted prior to July 1, 2025,
103	103	prioritizing kits that are related to ongoing investigations.
104	104	(ii) Effective July 1, 2025, the TBI must test each sexual assault evidence
105	105	collection kit within ninety (90) days of receipt from a law enforcement agency.
106	106	(iii) The TBI must prepare an annual report on the average number of
107	107	days required for testing a sexual assault evidence collection kit over the prior
108	108	calendar year, the number of untested sexual assault evidence collection kits that
109	109	will not be tested within the required period of time, and recommendations for
110	110	how best to meet the requirements of this subdivision (d)(1)(B). The report must
111	111	be submitted by February 1 of each year to the governor and the chairs of the
112	112	judiciary committee of the senate and the committee having jurisdiction over
113	113	criminal justice-related matters of the house of representatives and posted on the
114	114	TBI's website.
115	115	SECTION 4. Tennessee Code Annotated, Section 39-13-519, is amended by adding
116	116	the following new subsection:
117	117	(1) In testing sexual assault evidence collection kits, the TBI must develop
118	118	autosomal DNA profiles that are eligible for entry into the combined DNA index system
119	119	(CODIS) and other relevant state or local DNA databases.
120	120	(2) With the goal of generating a CODIS-eligible DNA profile, if the TBI is unable
121	121	to obtain an autosomal CODIS-eligible DNA profile, then the TBI should evaluate the
122	122	case to determine if another DNA-typing result could be used for investigative purposes.
123	123
124	124
125	125	- 5 - 003037
126	126
127	127	(3) In cases where testing has resulted in a DNA profile, the laboratory must
128	128	enter the full profile into the CODIS database and other relevant state or local DNA
129	129	databases. The average completion rate for this analysis and classification must not
130	130	exceed ninety (90) days.
131	131	(4) If the TBI crime laboratories are unable to meet the deadline specified above,
132	132	then kits must be outsourced for testing to an accredited private crime laboratory.
133	133	SECTION 5. Tennessee Code Annotated, Section 39-13-519(d)(2), is amended by
134	134	deleting the language "ten (10) years" and substituting "twenty-five (25) years".
135	135	SECTION 6. Tennessee Code Annotated, Section 29-13-108(a), is amended by
136	136	deleting the first sentence of the subsection and substituting:
137	137	A claim for compensation must be filed not later than two (2) years after
138	138	the occurrence of the crime upon which the claim is based, two (2) years after
139	139	the death of the victim, or twelve (12) years after mental or physical manifestation
140	140	or injury is diagnosed as a result of an act that would constitute a criminal offense
141	141	under §§ 39-13-502 – 39-13-506, § 39-13-509, § 39-13-518, § 39-13-522, § 39-
142	142	13-527, § 39-13-534, § 39-13-535, § 39-15-302, § 39-17-902, or §§ 39-17-1003 –
143	143	39-17-1005, or an attempt, conspiracy, or solicitation to commit such offenses;
144	144	provided, that upon good cause shown, the time period for filing such claim may
145	145	be extended either before or after the expiration of the filing period.
146	146	SECTION 7. Tennessee Code Annotated, Section 29-13-103(a)(4), is amended by
147	147	deleting the subdivision and substituting:
148	148	(4) The claimant has fully cooperated with the police and the district attorney
149	149	general in the investigation and prosecution of the offender, except in cases involving:
150	150	(A) A victim of domestic violence, a sexual offense under §§ 39-13-502 –
151	151	39-13-506, § 39-13-509, § 39-13-518, § 39-13-522, § 39-13-527, § 39-13-534, §
152	152
153	153
154	154	- 6 - 003037
155	155
156	156	39-13-535, § 39-15-302, § 39-17-902, or §§ 39-17-1003 – 39-17-1005, a human
157	157	trafficking offense, as defined in § 39-13-314, or stalking under § 39-17-315; or
158	158	(B) A victim where it is determined that the victim's cooperation may be
159	159	or had been impacted due to the victim's age, physical condition, psychological
160	160	state, cultural or linguistic barriers, or another health or safety concern that
161	161	jeopardizes the victim's well-being, including a reasonable fear of retaliation or
162	162	harm that would jeopardize the well-being of the victim or the victim's family;
163	163	SECTION 8. Tennessee Code Annotated, Section 29-13-103(a)(7), is amended by
164	164	deleting the subdivision and substituting:
165	165	(7) The victim or a member of the victim's family reported the offense to the
166	166	proper law enforcement authorities within the time prescribed in § 29-13-108(a), except
167	167	in cases involving a victim of domestic violence, a sexual offense under §§ 39-13-502 –
168	168	39-13-506, § 39-13-509, § 39-13-518, § 39-13-522, § 39-13-527, § 39-13-534, § 39-13-
169	169	535, § 39-15-302, § 39-17-902, or §§ 39-17-1003 – 39-17-1005, a human trafficking
170	170	offense, as defined in § 39-13-314, or stalking under § 39-17-315.
171	171	SECTION 9. Tennessee Code Annotated, Section 29-13-103, is amended by adding
172	172	the following new subsection:
173	173	(c) In cases of domestic violence, sexual offenses, human trafficking, or stalking:
174	174	(1) The claimant may prove the facts required by subsection (a) using
175	175	any court documents and forms of reporting, including an application for an order
176	176	of protection, sexual assault evidence collection kit documentation, verification of
177	177	participation in the home address confidentiality program established under title
178	178	40, chapter 38, part 6, or documentation that the offense was reported to a
179	179	licensed medical provider, licensed mental health provider, tribal health provider,
180	180	or law enforcement agency within one hundred eighty (180) days;
181	181
182	182
183	183	- 7 - 003037
184	184
185	185	(2) The claimant shall not be subjected to invasive questioning and may
186	186	only be interrogated for information strictly necessary to verify eligibility; and
187	187	(3) Upon a showing that a delay in filing a claim under this part occurred
188	188	because of a delay in the testing of, or a delay in the DNA profile matching from,
189	189	a sexual assault evidence collection kit or biological material collected as
190	190	evidence related to a sexual offense, a person who is eligible for compensation
191	191	may receive a waiver of any claim filing deadline.
192	192	SECTION 10. Tennessee Code Annotated, Section 38-1-903, is amended by adding
193	193	the following new subsections:
194	194	(d) A SART has oversight authority over local law enforcement agency handling
195	195	of sexual assault crimes and power to conduct audits and reviews of sexual assault
196	196	crime investigations.
197	197	(e) Each SART must submit an annual report to the general assembly on the law
198	198	enforcement agency's progress in implementing Section 2 of this act.
199	199	SECTION 11. Tennessee Code Annotated, Title 67, Chapter 1, Part 1, is amended by
200	200	adding the following new section:
201	201	A taxpayer may voluntarily allocate any refund due to the taxpayer toward
202	202	funding the law enforcement training required by title 38, chapter 1, part 10 and
203	203	expedited forensic testing of sexual assault evidence collection kits required by § 39-13-
204	204	519(d)(1)(B), pursuant to the Tennessee Sexual Violence Justice Act. The department
205	205	of revenue shall provide a space on each tax return for the taxpayer to indicate such
206	206	allocation.
207	207	SECTION 12. Tennessee Code Annotated, Section 38-8-104, is amended by adding
208	208	the following new subsection:
209	209
210	210
211	211	- 8 - 003037
212	212
213	213	(h) Any funds allocated to the commission that remain unexpended at the end of
214	214	a fiscal year must not revert to the general fund, but must be carried forward into the
215	215	subsequent fiscal year, with fifty percent (50%) of the remainder to be expended to fund
216	216	sensitivity training related to interacting with victims of sexual violence, as required by
217	217	chapter 1, part 10 of this title.
218	218	SECTION 13. This act takes effect July 1, 2025, the public welfare requiring it.