Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1187 Compare Versions

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

Old	New	Differences
1	1
2	2	HOUSE BILL 1064
3	3	By Hardaway
4	4
5	5	SENATE BILL 1187
6	6	By Akbari
7	7
8	8
9	9	SB1187
10	10	003007
11	11	- 1 -
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13	13	AN ACT to amend Tennessee Code Annotated, Title 10;
14	14	Title 38; Title 39; Title 40; Chapter 969 of the
15	15	Public Acts of 2024 and Chapter 1033 of the
16	16	Public Acts of 2024, relative to criminal law.
17	17
18	18	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
19	19	SECTION 1. Tennessee Code Annotated, Title 40, Chapter 11, Part 1, is amended by
20	20	adding the following new section:
21	21	(a) Following the arrest of a person for an offense listed in subsection (b), the
22	22	court or magistrate shall order the defendant to wear a global positioning monitoring
23	23	system device as a condition of bail as set forth in § 40-11-152(b)(2), unless the court or
24	24	magistrate finds the offender no longer poses a threat to the alleged victim or public
25	25	safety.
26	26	(b) This section applies to a defendant arrested for:
27	27	(1) An offense, during the course of which:
28	28	(A) The defendant is alleged to have carried, possessed, or used
29	29	a firearm or dangerous weapon;
30	30	(B) A person was killed or suffered serious bodily injury; or
31	31	(C) The defendant is alleged to have used force against the
32	32	person of another;
33	33	(2) Domestic assault, under § 39-13-111;
34	34	(3) Burglary of a freight or passenger car, automobile, truck, trailer, boat,
35	35	airplane, or other motor vehicle, under § 39-13-1002(a)(4);
36	36	(4) Reckless driving, under § 55-10-205;
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41	41	(5) Drag racing, under § 55-10-502; or
42	42	(6) A second or subsequent offense under title 39, chapter 13, part 10 or
43	43	title 39, chapter 14, part 1.
44	44	(c) The clerk of each court that orders the use of global positioning monitoring
45	45	pursuant to subsection (a) shall report the number of defendants currently subject to
46	46	such an order and the offenses for which the defendant is awaiting trial on a monthly
47	47	basis to the administrative office of the courts. The administrative office of the courts
48	48	shall compile an annual report of the number of defendants subject to such an order,
49	49	including totals for each county, to be submitted to the committee of the house of
50	50	representatives with jurisdiction over subject matters pertaining to criminal justice and
51	51	the judiciary committee of the senate by July 1 of each year.
52	52	SECTION 2. Tennessee Code Annotated, Section 40-11-152(b)(2), is amended by
53	53	deleting the language:
54	54	Pursuant to § 40-11-150(n), if the court or magistrate finds probable cause to
55	55	believe that one (1) or more of the circumstances in § 40-11-150(n)(1) did occur, then
56	56	unless the court or magistrate finds the offender no longer poses a threat to the alleged
57	57	victim or public safety and makes such a finding in a written order, the court or
58	58	magistrate shall order a defendant who is charged with the offense of aggravated
59	59	assault, as defined in § 39-13-102(a)(1)(A)(i), (a)(1)(A)(iii), or (a)(1)(A)(iv), in which the
60	60	alleged victim of the offense is a domestic abuse victim, as defined in § 36-3-601, to do
61	61	the following as a condition of bail:
62	62	and substituting instead:
63	63	Pursuant to § 40-11-150(n) and SECTION 1, if the court or magistrate finds
64	64	probable cause to believe that one (1) or more of the circumstances in § 40-11-150(n)(1)
65	65	or SECTION 1(b) did occur, then unless the court or magistrate finds the offender no
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70	70	longer poses a threat to the alleged victim or public safety and makes such a finding in a
71	71	written order, the court or magistrate shall order the defendant to do the following as a
72	72	condition of bail:
73	73	SECTION 3. Tennessee Code Annotated, Section 40-11-115(a), is amended by adding
74	74	the following new subdivision:
75	75	(3) When a magistrate orders a defendant released pending trial, the magistrate
76	76	must include in the magistrate's order a written record of the factors considered in
77	77	determining whether to release the defendant on recognizance, upon unsecured bond,
78	78	with conditions of release, or following the deposit of bail.
79	79	SECTION 4. Tennessee Code Annotated, Section 39-13-502(a)(4), is amended by
80	80	deleting the subdivision and substituting:
81	81	(4) The defendant knows that the defendant is infected with a sexually
82	82	transmitted disease, and the sexually transmitted disease is transmitted to the victim. As
83	83	used in this subdivision (a)(4), "sexually transmitted disease" means the same as
84	84	defined in § 68-10-101.
85	85	SECTION 5. Tennessee Code Annotated, Section 40-11-152(d), is amended by
86	86	deleting the subsection and substituting:
87	87	(d) If the magistrate prohibited the defendant from going to or near certain
88	88	locations as a condition of release at the victim's request, the court must seal any record
89	89	of the victim's home address or other exact location provided to the magistrate by the
90	90	victim.
91	91	SECTION 6. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
92	92	the language "subsection (d)" wherever it appears and substituting instead "subsection (l)".
93	93	SECTION 7. Tennessee Code Annotated, Section 40-11-152(l), is amended by adding
94	94	the following new subdivisions:
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96	96
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99	99	( ) Any sanctions that the magistrate may impose on the defendant for violating
100	100	a condition of bond imposed under this section;
101	101	( ) The procedure that the victim is to follow, and support services available to
102	102	assist the victim, if the defendant violates a condition of bond or if the global positioning
103	103	monitoring system equipment fails;
104	104	( ) Community services available to assist the victim in obtaining shelter,
105	105	counseling, education, child care, legal representation, and other assistance available to
106	106	address the consequences of domestic violence;
107	107	SECTION 8. Tennessee Code Annotated, Title 40, Chapter 11, Part 1, is amended by
108	108	adding the following new section:
109	109	If the magistrate or other judicial official requires a defendant to be subject to a
110	110	global positioning monitoring system as a condition of release pursuant to § 40-11-
111	111	150(n), § 40-11-152, SECTION 1(b), or another provision of law, then the sheriff's
112	112	department shall not release the defendant until a qualified contract service provider has
113	113	installed the global positioning monitoring system and begun monitoring the defendant's
114	114	compliance with the conditions of release.
115	115	SECTION 9. Tennessee Code Annotated, Title 38, Chapter 8, Part 1, is amended by
116	116	adding the following new section:
117	117	(a) In order to initiate a traffic stop, a law enforcement officer in a marked law
118	118	enforcement vehicle must:
119	119	(1) Activate the vehicle's blue lights at the time the officer begins to follow
120	120	the motor vehicle for the purpose of initiating a traffic stop; and
121	121	(2) Notify the law enforcement agency's dispatcher that the officer is
122	122	initiating a traffic stop.
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127	127	(b) In order to ensure the safety of all motorists, pedestrians, and property
128	128	located near highways and streets, a law enforcement officer is required to follow the
129	129	written policies of the law enforcement agency during any traffic stop.
130	130	SECTION 10. Tennessee Code Annotated, Section 39-14-105, is amended by adding
131	131	the following new subsection:
132	132	(e) A violation of this part for which the punishment is determined pursuant to
133	133	this section shall be punished one (1) classification higher than provided in this section if
134	134	the violation was committed against the property of a first responder, as defined by first
135	135	responder or law enforcement officer, as those terms are defined in § 39-13-116, while
136	136	the first responder or law enforcement officer is engaged in official duties.
137	137	SECTION 11. This act takes effect July 1, 2025, the public welfare requiring it.