HOUSE BILL 1064
By Hardaway
SENATE BILL 1187
By Akbari
SB1187
003007
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AN ACT to amend Tennessee Code Annotated, Title 10;
Title 38; Title 39; Title 40; Chapter 969 of the
Public Acts of 2024 and Chapter 1033 of the
Public Acts of 2024, relative to criminal law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 40, Chapter 11, Part 1, is amended by
adding the following new section:
(a) Following the arrest of a person for an offense listed in subsection (b), the
court or magistrate shall order the defendant to wear a global positioning monitoring
system device as a condition of bail as set forth in § 40-11-152(b)(2), unless the court or
magistrate finds the offender no longer poses a threat to the alleged victim or public
safety.
(b) This section applies to a defendant arrested for:
(1) An offense, during the course of which:
(A) The defendant is alleged to have carried, possessed, or used
a firearm or dangerous weapon;
(B) A person was killed or suffered serious bodily injury; or
(C) The defendant is alleged to have used force against the
person of another;
(2) Domestic assault, under § 39-13-111;
(3) Burglary of a freight or passenger car, automobile, truck, trailer, boat,
airplane, or other motor vehicle, under § 39-13-1002(a)(4);
(4) Reckless driving, under § 55-10-205;
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(5) Drag racing, under § 55-10-502; or
(6) A second or subsequent offense under title 39, chapter 13, part 10 or
title 39, chapter 14, part 1.
(c) The clerk of each court that orders the use of global positioning monitoring
pursuant to subsection (a) shall report the number of defendants currently subject to
such an order and the offenses for which the defendant is awaiting trial on a monthly
basis to the administrative office of the courts. The administrative office of the courts
shall compile an annual report of the number of defendants subject to such an order,
including totals for each county, to be submitted to the committee of the house of
representatives with jurisdiction over subject matters pertaining to criminal justice and
the judiciary committee of the senate by July 1 of each year.
SECTION 2. Tennessee Code Annotated, Section 40-11-152(b)(2), is amended by
deleting the language:
Pursuant to § 40-11-150(n), if the court or magistrate finds probable cause to
believe that one (1) or more of the circumstances in § 40-11-150(n)(1) did occur, then
unless the court or magistrate finds the offender no longer poses a threat to the alleged
victim or public safety and makes such a finding in a written order, the court or
magistrate shall order a defendant who is charged with the offense of aggravated
assault, as defined in § 39-13-102(a)(1)(A)(i), (a)(1)(A)(iii), or (a)(1)(A)(iv), in which the
alleged victim of the offense is a domestic abuse victim, as defined in § 36-3-601, to do
the following as a condition of bail:
and substituting instead:
Pursuant to § 40-11-150(n) and SECTION 1, if the court or magistrate finds
probable cause to believe that one (1) or more of the circumstances in § 40-11-150(n)(1)
or SECTION 1(b) did occur, then unless the court or magistrate finds the offender no
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longer poses a threat to the alleged victim or public safety and makes such a finding in a
written order, the court or magistrate shall order the defendant to do the following as a
condition of bail:
SECTION 3. Tennessee Code Annotated, Section 40-11-115(a), is amended by adding
the following new subdivision:
(3) When a magistrate orders a defendant released pending trial, the magistrate
must include in the magistrate's order a written record of the factors considered in
determining whether to release the defendant on recognizance, upon unsecured bond,
with conditions of release, or following the deposit of bail.
SECTION 4. Tennessee Code Annotated, Section 39-13-502(a)(4), is amended by
deleting the subdivision and substituting:
(4) The defendant knows that the defendant is infected with a sexually
transmitted disease, and the sexually transmitted disease is transmitted to the victim. As
used in this subdivision (a)(4), "sexually transmitted disease" means the same as
defined in § 68-10-101.
SECTION 5. Tennessee Code Annotated, Section 40-11-152(d), is amended by
deleting the subsection and substituting:
(d) If the magistrate prohibited the defendant from going to or near certain
locations as a condition of release at the victim's request, the court must seal any record
of the victim's home address or other exact location provided to the magistrate by the
victim.
SECTION 6. Tennessee Code Annotated, Section 40-11-152, is amended by deleting
the language "subsection (d)" wherever it appears and substituting instead "subsection (l)".
SECTION 7. Tennessee Code Annotated, Section 40-11-152(l), is amended by adding
the following new subdivisions:
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( ) Any sanctions that the magistrate may impose on the defendant for violating
a condition of bond imposed under this section;
( ) The procedure that the victim is to follow, and support services available to
assist the victim, if the defendant violates a condition of bond or if the global positioning
monitoring system equipment fails;
( ) Community services available to assist the victim in obtaining shelter,
counseling, education, child care, legal representation, and other assistance available to
address the consequences of domestic violence;
SECTION 8. Tennessee Code Annotated, Title 40, Chapter 11, Part 1, is amended by
adding the following new section:
If the magistrate or other judicial official requires a defendant to be subject to a
global positioning monitoring system as a condition of release pursuant to § 40-11-
150(n), § 40-11-152, SECTION 1(b), or another provision of law, then the sheriff's
department shall not release the defendant until a qualified contract service provider has
installed the global positioning monitoring system and begun monitoring the defendant's
compliance with the conditions of release.
SECTION 9. Tennessee Code Annotated, Title 38, Chapter 8, Part 1, is amended by
adding the following new section:
(a) In order to initiate a traffic stop, a law enforcement officer in a marked law
enforcement vehicle must:
(1) Activate the vehicle's blue lights at the time the officer begins to follow
the motor vehicle for the purpose of initiating a traffic stop; and
(2) Notify the law enforcement agency's dispatcher that the officer is
initiating a traffic stop.
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(b) In order to ensure the safety of all motorists, pedestrians, and property
located near highways and streets, a law enforcement officer is required to follow the
written policies of the law enforcement agency during any traffic stop.
SECTION 10. Tennessee Code Annotated, Section 39-14-105, is amended by adding
the following new subsection:
(e) A violation of this part for which the punishment is determined pursuant to
this section shall be punished one (1) classification higher than provided in this section if
the violation was committed against the property of a first responder, as defined by first
responder or law enforcement officer, as those terms are defined in § 39-13-116, while
the first responder or law enforcement officer is engaged in official duties.
SECTION 11. This act takes effect July 1, 2025, the public welfare requiring it.