1 | 1 | | |
---|
2 | 2 | | HOUSE BILL 629 |
---|
3 | 3 | | By Hardaway |
---|
4 | 4 | | |
---|
5 | 5 | | SENATE BILL 1186 |
---|
6 | 6 | | By Akbari |
---|
7 | 7 | | |
---|
8 | 8 | | |
---|
9 | 9 | | SB1186 |
---|
10 | 10 | | 002523 |
---|
11 | 11 | | - 1 - |
---|
12 | 12 | | |
---|
13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 37; |
---|
14 | 14 | | Title 39; Title 40, Chapter 11 and Title 49, relative |
---|
15 | 15 | | to juveniles. |
---|
16 | 16 | | |
---|
17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
---|
18 | 18 | | SECTION 1. Tennessee Code Annotated, Section 37-1-128(a), is amended by adding |
---|
19 | 19 | | the following new subdivision: |
---|
20 | 20 | | (3) If the court appoints a person or entity to take charge of a child pursuant to |
---|
21 | 21 | | subdivision (a)(1), then the court may order the child to wear a global positioning |
---|
22 | 22 | | monitoring system device and order the entity that operates the global positioning |
---|
23 | 23 | | monitoring system to notify the appointed person or entity if the child violates the |
---|
24 | 24 | | instructions issued by the court upon release. As used in this subdivision (a)(3), "global |
---|
25 | 25 | | positioning monitoring system" means the same as defined in § 40-11-152. |
---|
26 | 26 | | SECTION 2. Tennessee Code Annotated, Section 49-6-3401(g), is amended by |
---|
27 | 27 | | redesignating subdivision (g)(5) as subdivision (g)(5)(A), by deleting the language "subdivision |
---|
28 | 28 | | (g)(5)" wherever it appears and substituting instead the language "subdivision (g)(5)(A)", and by |
---|
29 | 29 | | adding the following as a new subdivision (g)(5)(B): |
---|
30 | 30 | | (B) |
---|
31 | 31 | | (i) If a student is expelled for committing a zero tolerance offense for |
---|
32 | 32 | | threatening mass violence on school property or at a school-related activity in |
---|
33 | 33 | | accordance with this section, then the director of schools or the head of the |
---|
34 | 34 | | public charter school shall require the student to undergo counseling and a |
---|
35 | 35 | | mental health evaluation to determine whether the student is a threat to |
---|
36 | 36 | | |
---|
37 | 37 | | |
---|
38 | 38 | | - 2 - 002523 |
---|
39 | 39 | | |
---|
40 | 40 | | themselves or to others before the student may return to school, regardless of |
---|
41 | 41 | | whether the student has completed the term of the student's expulsion. |
---|
42 | 42 | | (ii) The mental health evaluation required in subdivision (g)(5)(B)(i) must |
---|
43 | 43 | | be conducted on an outpatient basis by a mental health agency or a licensed |
---|
44 | 44 | | private practitioner designated by the commissioner of mental health and |
---|
45 | 45 | | substance abuse services. The evaluator shall report its findings to the director |
---|
46 | 46 | | of schools or the head of the public charter school. A report submitted to a |
---|
47 | 47 | | director of schools or head of a public charter school pursuant to this subdivision |
---|
48 | 48 | | (g)(5)(B)(ii) is confidential and must not be shared with others, except as may |
---|
49 | 49 | | otherwise be required by law. |
---|
50 | 50 | | (iii) The costs of the counseling and mental health evaluation required |
---|
51 | 51 | | pursuant to subdivision (g)(5)(B)(i) must be borne by the student's parents or the |
---|
52 | 52 | | student, if the student is eighteen (18) years of age or older. |
---|
53 | 53 | | SECTION 3. Tennessee Code Annotated, Section 49-6-4002(e)(5), is amended by |
---|
54 | 54 | | deleting "§ 49-6-3401(g)(5)" and substituting "§ 49-6-3401(g)(5)(A)". |
---|
55 | 55 | | SECTION 4. Tennessee Code Annotated, Section 49-6-4301(a)(3), is amended by |
---|
56 | 56 | | deleting "§ 49-6-3401(g)(5)" and substituting "§ 49-6-3401(g)(5)(A)". |
---|
57 | 57 | | SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it, and |
---|
58 | 58 | | applies to actions occurring on or after that date. |
---|