Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0959 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	HOUSE BILL 1363
3		-	By Chism
	2	+	<BillNo> <Sponsor>
4	3
5	4		SENATE BILL 959
6	5		By Lamar
7	6
8	7
9	8		SB0959
10	9		003087
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 39
14	13		and Title 40, relative to criminal law.
15	14
16	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	16		SECTION 1. Tennessee Code Annotated, Title 40, Chapter 35, is amended by adding
18	17		the following as a new part:
19	18		40-35-601.
20	19		(a) Notwithstanding another law to the contrary, any person serving a sentence
21	20		of incarceration of eight (8) years or more for an offense committed prior to January 1,
22	21		2026, and who is a victim of domestic abuse subjected to substantial physical, sexual, or
23	22		psychological abuse inflicted by a member of the same family or household as the
24	23		person may, on or after January 1, 2026, submit to the sentencing court, a request to
25	24		apply for resentencing in accordance with this part. The person must include in the
26	25		request documentation proving that the person is serving a sentence of incarceration of
27	26		eight (8) years or more for an offense committed prior to January 1, 2026, and that the
28	27		person is serving such sentence for any offense eligible for an alternative sentence
29	28		pursuant to this part.
30	29		(b) If the court finds that the person has met the requirements to apply for
31	30		resentencing in subsection (a), the court shall notify such person that the person may
32	31		submit an application for resentencing. Upon such notification, the person may request
33	32		that the court appoint an attorney for the preparation of and proceedings on the
34	33		application for resentencing pursuant to this part.
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36	35
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39	38		(c) If the court finds that the person has not met the requirements to apply for
40	39		resentencing in subsection (a), then the court shall notify such person and dismiss the
41	40		request without prejudice.
42	41		(d) As used in this part, "domestic abuse" means the same as defined in § 36-3-
43	42		601.
44	43		40-35-602.
45	44		(a) Upon the court's receipt of an application for resentencing, the court shall
46	45		promptly notify the district attorney general for the judicial district in which in the offense
47	46		occurred and provide such district attorney general with a copy of the application.
48	47		(b) An application for resentencing pursuant to this part must include at least two
49	48		(2) pieces of evidence corroborating the applicant's claim that, at the time of the offense,
50	49		the applicant was a victim of domestic abuse subjected to substantial physical, sexual,
51	50		or psychological abuse inflicted by a member of the same family or household as the
52	51		applicant. At least one (1) piece of evidence must be either a court record, presentence
53	52		report, social services record, hospital record, sworn statement from a witness to the
54	53		domestic violence, law enforcement record, domestic incident report, or order of
55	54		protection. Other evidence may include, but is not limited to, department of corrections
56	55		records, jail records, a showing based in part on documentation prepared at or near the
57	56		time of the commission of the offense or the prosecution of the offense tending to
58	57		support the person's claim, or verification of consultation with a licensed healthcare
59	58		provider or mental healthcare provider, employee of a court acting within the scope of
60	59		his or her employment, member of the clergy, attorney, social worker, rape crisis
61	60		counselor, or other advocate acting on behalf of an agency that assists victims of
62	61		domestic violence for the purpose of assisting such person with domestic violence victim
63	62		counseling or support.
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65	64
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67	66
68	67		(c) If the court finds that the applicant has not submitted corroborating evidence
69	68		as required by subsection (b), then the court shall dismiss the application without
70	69		prejudice.
71	70		(d) If the court finds that the applicant has complied with subsection (b), then the
72	71		court shall conduct a hearing to determine whether the applicant should be resentenced
73	72		in accordance with this part. At such hearing the court shall determine any controverted
74	73		issue of fact relevant to the issue of sentencing. Reliable hearsay is admissible at such
75	74		hearings.
76	75		(e) The court may consider any fact or circumstances relevant to the imposition
77	76		of a new sentence which are submitted by the applicant or the district attorney general
78	77		and may, in addition, consider the institutional record of confinement of the applicant, but
79	78		shall not order a new presentence report or entertain any matter challenging the
80	79		underlying basis of the subject conviction. The court's consideration of the institutional
81	80		record of confinement of such applicant must include, but not be limited to, such
82	81		applicant's participation in or willingness to participate in programming such as domestic
83	82		violence, parenting, and substance abuse treatment while incarcerated and such
84	83		applicant's disciplinary history. The fact that the applicant was unable to participate in
85	84		treatment or other programming while incarcerated despite the applicant's willingness to
86	85		do so shall not be considered a negative factor in determining an application pursuant to
87	86		this section.
88	87		(f) If the court determines that the applicant should not be resentenced in
89	88		accordance with this part, the court shall inform the applicant of its decision and enter an
90	89		order to that effect. Any order issued pursuant to this section must include written
91	90		findings of fact and the reasons for the order.
92	91
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96	95		(g) If the court determines that the applicant should be resentenced in
97	96		accordance with this part, the court shall notify the applicant that, unless the applicant
98	97		withdraws the application, the court will enter an order vacating the sentence originally
99	98		imposed and impose a new sentence. An order issued pursuant to this part must
100	99		include written findings of fact and the reasons for the order.
101	100		40-35-603.
102	101		(a) An appeal of a determination under § 40-35-602 may be taken as of right:
103	102		(1) From an order denying resentencing; or
104	103		(2) From a new sentence imposed under this part, based on the grounds
105	104		that:
106	105		(A) The term of the new sentence is harsh or excessive; or
107	106		(B) The term of the new sentence is unauthorized as a matter of
108	107		law.
109	108		(b) Upon remand to the sentencing court following an appeal, the applicant shall
110	109		be given an opportunity to withdraw an application for resentencing before any
111	110		resentence is imposed.
112	111		(c) The applicant may request that the court appoint the applicant an attorney for
113	112		the preparation of and proceedings on any appeals regarding the application for
114	113		resentencing pursuant to this part.
115	114		40-35-604.
116	115		In calculating the new term to be served by an applicant pursuant to § 40-35-
117	116		602(g), the applicant must be credited for any jail time or period of incarceration credited
118	117		toward the sentence originally imposed.
119	118		SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.