HOUSE BILL 1363
By Chism
SENATE BILL 959
By Lamar
SB0959
003087
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AN ACT to amend Tennessee Code Annotated, Title 39
and Title 40, relative to criminal law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 40, Chapter 35, is amended by adding
the following as a new part:
40-35-601.
(a) Notwithstanding another law to the contrary, any person serving a sentence
of incarceration of eight (8) years or more for an offense committed prior to January 1,
2026, and who is a victim of domestic abuse subjected to substantial physical, sexual, or
psychological abuse inflicted by a member of the same family or household as the
person may, on or after January 1, 2026, submit to the sentencing court, a request to
apply for resentencing in accordance with this part. The person must include in the
request documentation proving that the person is serving a sentence of incarceration of
eight (8) years or more for an offense committed prior to January 1, 2026, and that the
person is serving such sentence for any offense eligible for an alternative sentence
pursuant to this part.
(b) If the court finds that the person has met the requirements to apply for
resentencing in subsection (a), the court shall notify such person that the person may
submit an application for resentencing. Upon such notification, the person may request
that the court appoint an attorney for the preparation of and proceedings on the
application for resentencing pursuant to this part.
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(c) If the court finds that the person has not met the requirements to apply for
resentencing in subsection (a), then the court shall notify such person and dismiss the
request without prejudice.
(d) As used in this part, "domestic abuse" means the same as defined in § 36-3-
601.
40-35-602.
(a) Upon the court's receipt of an application for resentencing, the court shall
promptly notify the district attorney general for the judicial district in which in the offense
occurred and provide such district attorney general with a copy of the application.
(b) An application for resentencing pursuant to this part must include at least two
(2) pieces of evidence corroborating the applicant's claim that, at the time of the offense,
the applicant was a victim of domestic abuse subjected to substantial physical, sexual,
or psychological abuse inflicted by a member of the same family or household as the
applicant. At least one (1) piece of evidence must be either a court record, presentence
report, social services record, hospital record, sworn statement from a witness to the
domestic violence, law enforcement record, domestic incident report, or order of
protection. Other evidence may include, but is not limited to, department of corrections
records, jail records, a showing based in part on documentation prepared at or near the
time of the commission of the offense or the prosecution of the offense tending to
support the person's claim, or verification of consultation with a licensed healthcare
provider or mental healthcare provider, employee of a court acting within the scope of
his or her employment, member of the clergy, attorney, social worker, rape crisis
counselor, or other advocate acting on behalf of an agency that assists victims of
domestic violence for the purpose of assisting such person with domestic violence victim
counseling or support.
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(c) If the court finds that the applicant has not submitted corroborating evidence
as required by subsection (b), then the court shall dismiss the application without
prejudice.
(d) If the court finds that the applicant has complied with subsection (b), then the
court shall conduct a hearing to determine whether the applicant should be resentenced
in accordance with this part. At such hearing the court shall determine any controverted
issue of fact relevant to the issue of sentencing. Reliable hearsay is admissible at such
hearings.
(e) The court may consider any fact or circumstances relevant to the imposition
of a new sentence which are submitted by the applicant or the district attorney general
and may, in addition, consider the institutional record of confinement of the applicant, but
shall not order a new presentence report or entertain any matter challenging the
underlying basis of the subject conviction. The court's consideration of the institutional
record of confinement of such applicant must include, but not be limited to, such
applicant's participation in or willingness to participate in programming such as domestic
violence, parenting, and substance abuse treatment while incarcerated and such
applicant's disciplinary history. The fact that the applicant was unable to participate in
treatment or other programming while incarcerated despite the applicant's willingness to
do so shall not be considered a negative factor in determining an application pursuant to
this section.
(f) If the court determines that the applicant should not be resentenced in
accordance with this part, the court shall inform the applicant of its decision and enter an
order to that effect. Any order issued pursuant to this section must include written
findings of fact and the reasons for the order.
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(g) If the court determines that the applicant should be resentenced in
accordance with this part, the court shall notify the applicant that, unless the applicant
withdraws the application, the court will enter an order vacating the sentence originally
imposed and impose a new sentence. An order issued pursuant to this part must
include written findings of fact and the reasons for the order.
40-35-603.
(a) An appeal of a determination under § 40-35-602 may be taken as of right:
(1) From an order denying resentencing; or
(2) From a new sentence imposed under this part, based on the grounds
that:
(A) The term of the new sentence is harsh or excessive; or
(B) The term of the new sentence is unauthorized as a matter of
law.
(b) Upon remand to the sentencing court following an appeal, the applicant shall
be given an opportunity to withdraw an application for resentencing before any
resentence is imposed.
(c) The applicant may request that the court appoint the applicant an attorney for
the preparation of and proceedings on any appeals regarding the application for
resentencing pursuant to this part.
40-35-604.
In calculating the new term to be served by an applicant pursuant to § 40-35-
602(g), the applicant must be credited for any jail time or period of incarceration credited
toward the sentence originally imposed.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.