Sentencing

State (Tennessee)
Tennessee 109th General Assembly

As enacted, adds Class E felony vandalism to the offenses for which a person's sentence may be enhanced if the offense is committed during the time and place of a declared emergency. - Amends TCA Title 40, Chapter 35, Part 1. [SB-1609]
As enacted, adds Class E felony vandalism to the offenses for which a person's sentence may be enhanced if the offense is committed during the time and place of a declared emergency. - Amends TCA Title 40, Chapter 35, Part 1.

  

Sponsored by: Rep. Frank Niceley Pub. Ch. 934 on 05/02/2016

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State (Tennessee)
Tennessee 109th General Assembly

As enacted, punishes sixth offense DUI as a Class C felony; clarifies "prior convictions" for purposes of enhancing a DUI sentence; removes Class E felony designation for third or subsequent conviction for simple possession or casual exchange of a controlled substance in certain situations; removes mandatory 24-hour litter removal requirement for first DUI offenders. - Amends TCA Title 39; Title 40 and Title 55. [SB-1572]
As enacted, punishes sixth offense DUI as a Class C felony; clarifies "prior convictions" for purposes of enhancing a DUI sentence; removes Class E felony designation for third or subsequent conviction for simple possession or casual exchange of a controlled substance in certain situations; removes mandatory 24-hour litter removal requirement for first DUI offenders. - Amends TCA Title 39; Title 40 and Title 55.

  

Sponsored by: Sen. Randy McNally Comp. Became Pub. Ch. 876 on 05/02/2016

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State (Tennessee)
Tennessee 109th General Assembly

As enacted, specifies that a defendant charged with the offense of domestic assault, child abuse, or child neglect or endangerment is not eligible for suspended prosecution and pretrial diversion. - Amends TCA Title 40, Chapter 15. [SB-1564]
As enacted, specifies that a defendant charged with the offense of domestic assault, child abuse, or child neglect or endangerment is not eligible for suspended prosecution and pretrial diversion. - Amends TCA Title 40, Chapter 15.

  

Sponsored by: Sen. Becky Massey Comp. Became Pub. Ch. 586 on 03/22/2016

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State (Tennessee)
Tennessee 109th General Assembly

As enacted, revises the criminal gang enhancement statute. - Amends TCA Title 39 and Title 40. [SB-1558]
As enacted, revises the criminal gang enhancement statute. - Amends TCA Title 39 and Title 40.

  

Sponsored by: Sen. Bo Watson Pub. Ch. 1034 on 05/05/2016

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State (Tennessee)
Tennessee 109th General Assembly

As introduced, eliminates the death penalty as a sentence for first degree murder. - Amends TCA Title 39 and Title 40. [SB-1364]
As introduced, eliminates the death penalty as a sentence for first degree murder. - Amends TCA Title 39 and Title 40.

  

Sponsored by: Sen. Lee Harris Passed On Second Consideration, Refer To Senate Judiciary Committee on 02/18/2015

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State (Tennessee)
Tennessee 109th General Assembly

As introduced, requires that a person convicted of first degree murder and sentenced to life imprisonment, must serve 100 percent of the sentence imposed if the sentencing court finds that the murder involved torture beyond that necessary to inflict death or it involved kidnapping the victim and the person was never charged with kidnapping. - Amends TCA Title 39, Chapter 13, Part 2 and Title 40, Chapter 35, Part 5. [SB-1327]
As introduced, requires that a person convicted of first degree murder and sentenced to life imprisonment, must serve 100 percent of the sentence imposed if the sentencing court finds that the murder involved torture beyond that necessary to inflict death or it involved kidnapping the victim and the person was never charged with kidnapping. - Amends TCA Title 39, Chapter 13, Part 2 and Title 40, Chapter 35, Part 5.

  

Sponsored by: Sen. Randy McNally Action Deferred In Senate Finance, Ways, And Means Committee To 4/16/2015 on 04/15/2015

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State (Tennessee)
Tennessee 109th General Assembly

As introduced, establishes the penalty for the offense of reckless endangerment as a Class D felony if the victim of the offense is eight years of age or younger. - Amends TCA Title 39 and Title 40. [SB-1197]
As introduced, establishes the penalty for the offense of reckless endangerment as a Class D felony if the victim of the offense is eight years of age or younger. - Amends TCA Title 39 and Title 40.

  

Sponsored by: Sen. Kerry Roberts Re-refer To Senate Calendar Committee on 04/22/2015

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State (Tennessee)
Tennessee 109th General Assembly

As enacted, permits a court to order a qualified defendant to serve a period or periods of confinement in the local jail or workhouse not to exceed a total 30 days as a reasonable condition of judicial diversion. - Amends TCA Title 40. [SB-637]
As enacted, permits a court to order a qualified defendant to serve a period or periods of confinement in the local jail or workhouse not to exceed a total 30 days as a reasonable condition of judicial diversion. - Amends TCA Title 40.

  

Sponsored by: Sen. Jack Johnson Pub. Ch. 1026 on 05/05/2016

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State (Tennessee)
Tennessee 109th General Assembly

As enacted, creates a new sentencing enhancement factor when the defendant committed the offense of robbery, aggravated robbery, or especially aggravated robbery on the premises of a licensed pharmacy in an effort to unlawfully obtain, sell, give, or exchange a controlled substance, controlled substance analogue, or other illegal drug. - Amends TCA Section 40-35-114. [SB-593]
As enacted, creates a new sentencing enhancement factor when the defendant committed the offense of robbery, aggravated robbery, or especially aggravated robbery on the premises of a licensed pharmacy in an effort to unlawfully obtain, sell, give, or exchange a controlled substance, controlled substance analogue, or other illegal drug. - Amends TCA Section 40-35-114.

  

Sponsored by: Sen. Ferrell Haile Pub. Ch. 1025 on 05/05/2016

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State (Tennessee)
Tennessee 109th General Assembly

As enacted, creates an enhancement factor, by which the defendant's sentence can be increased, that the defendant knowingly committed the offense within the geographical area, and during the time of, an emergency or disaster. - Amends TCA Title 39 and Title 40, Chapter 35. [SB-187]
As enacted, creates an enhancement factor, by which the defendant's sentence can be increased, that the defendant knowingly committed the offense within the geographical area, and during the time of, an emergency or disaster. - Amends TCA Title 39 and Title 40, Chapter 35.

  

Sponsored by: Rep. Frank Niceley Pub. Ch. 443 on 05/26/2015

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State (Tennessee)
Tennessee 109th General Assembly

As enacted, enacts the "Ben Woodruff and Mike Locke Act," which requires a person who commits aggravated vehicular homicide on or after July 1, 2015, to serve 60 percent of the sentence imposed before becoming release eligible; provided, however, that the person must serve at least 45 percent of the sentence imposed after sentence-reduction credits are applied. - Amends TCA Title 40, Chapter 35, Part 5. [SB-30]
As enacted, enacts the "Ben Woodruff and Mike Locke Act," which requires a person who commits aggravated vehicular homicide on or after July 1, 2015, to serve 60 percent of the sentence imposed before becoming release eligible; provided, however, that the person must serve at least 45 percent of the sentence imposed after sentence-reduction credits are applied. - Amends TCA Title 40, Chapter 35, Part 5.

  

Sponsored by: Sen. Doug Overbey Pub. Ch. 433 on 05/26/2015

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State (Tennessee)
Tennessee 109th General Assembly

Creates a task force to study possible reductions in sentencing and implementation of sentencing alternatives for nonviolent drug offenders. [HJR-535]
Creates a task force to study possible reductions in sentencing and implementation of sentencing alternatives for nonviolent drug offenders.

  

Sponsored by: Rep. Johnnie Turner Intro., Ref. To Criminal Justice Committee on 01/25/2016

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State (Tennessee)
Tennessee 109th General Assembly

As enacted, enacts the "Public Safety Act of 2016." - Amends TCA Title 36, Chapter 3, Part 6; Title 39, Chapter 13, Part 1; Title 39, Chapter 14, Part 1; Title 40, Chapter 28; Title 40, Chapter 35 and Title 41, Chapter 1, Part 4. [HB-2576]
As enacted, enacts the "Public Safety Act of 2016." - Amends TCA Title 36, Chapter 3, Part 6; Title 39, Chapter 13, Part 1; Title 39, Chapter 14, Part 1; Title 40, Chapter 28; Title 40, Chapter 35 and Title 41, Chapter 1, Part 4.

  

Sponsored by: Rep. William Lamberth Pub. Ch. 906 on 05/02/2016

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State (Tennessee)
Tennessee 109th General Assembly

As introduced, permits a trial court to order sentences for two offenses to run concurrently, despite one offense having been committed while the defendant was released on bail for the other offense, if the order is based on a good faith plea agreement between the prosecutor and defendant. - Amends TCA Title 36; Title 38; Title 39; Title 40; Title 41 and Title 55. [HB-2482]
As introduced, permits a trial court to order sentences for two offenses to run concurrently, despite one offense having been committed while the defendant was released on bail for the other offense, if the order is based on a good faith plea agreement between the prosecutor and defendant. - Amends TCA Title 36; Title 38; Title 39; Title 40; Title 41 and Title 55.

  

Sponsored by: Sen. Raumesh Akbari Taken Off Notice For Cal. In Criminal Justice Committee on 04/06/2016

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State (Tennessee)
Tennessee 109th General Assembly

As introduced, permits certain inmates to receive a sentence reduction credit of 15 percent of the sentence imposed for successfully receiving a high school diploma or graduate equivalency diploma while in prison. - Amends TCA Title 40 and Title 41. [HB-2451]
As introduced, permits certain inmates to receive a sentence reduction credit of 15 percent of the sentence imposed for successfully receiving a high school diploma or graduate equivalency diploma while in prison. - Amends TCA Title 40 and Title 41.

  

Sponsored by: Rep. Joe Towns Taken Off Notice For Cal In S/c Criminal Justice Subcommittee Of Criminal Justice Committee on 03/22/2016

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State (Tennessee)
Tennessee 109th General Assembly

As introduced, permits a defendant who is sentenced to life imprisonment to become release eligible after service of 60 percent of 60 years, and in no event less than 25 years including sentence reduction credits; permits a defendant convicted under prior law to request parole eligibility be determined pursuant to this act. - Amends TCA Title 39, Chapter 13, Part 2 and Section 40-35-501. [HB-2367]
As introduced, permits a defendant who is sentenced to life imprisonment to become release eligible after service of 60 percent of 60 years, and in no event less than 25 years including sentence reduction credits; permits a defendant convicted under prior law to request parole eligibility be determined pursuant to this act. - Amends TCA Title 39, Chapter 13, Part 2 and Section 40-35-501.

  

Sponsored by: Rep. Brenda Gilmore Taken Off Notice For Cal In S/c Criminal Justice Subcommittee Of Criminal Justice Committee on 03/22/2016

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State (Tennessee)
Tennessee 109th General Assembly

As introduced, eliminates the death sentence as a penalty for first degree murder. - Amends TCA Title 39 and Title 40. [HB-2276]
As introduced, eliminates the death sentence as a penalty for first degree murder. - Amends TCA Title 39 and Title 40.

  

Sponsored by: Rep. Johnnie Turner Taken Off Notice For Cal In S/c Criminal Justice Subcommittee Of Criminal Justice Committee on 03/22/2016

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State (Tennessee)
Tennessee 109th General Assembly

As introduced, specifies that violations of drug-free school zones that occur when schools are not in session for five consecutive days or more are not subject to enhanced and mandatory minimum sentences. - Amends TCA Section 39-17-432. [HB-2141]
As introduced, specifies that violations of drug-free school zones that occur when schools are not in session for five consecutive days or more are not subject to enhanced and mandatory minimum sentences. - Amends TCA Section 39-17-432.

  

Sponsored by: Rep. Brenda Gilmore P2c, Ref. To Criminal Justice Committee on 01/27/2016

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State (Tennessee)
Tennessee 109th General Assembly

As introduced, reconstitutes the Tennessee sentencing commission. - Amends TCA Title 4 and Title 40. [HB-1876]
As introduced, reconstitutes the Tennessee sentencing commission. - Amends TCA Title 4 and Title 40.

  

Sponsored by: Rep. Brenda Gilmore Assigned To S/c Criminal Justice Subcommittee on 01/26/2016

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State (Tennessee)
Tennessee 109th General Assembly

As enacted, requires a minimum sentence of 30 days in confinement upon conviction for flight from or attempt to elude a law enforcement officer in a motor vehicle or 60 days if the flight or attempt to elude creates a risk of death or injury to others, including pursuing law enforcement officers; adds intentionally concealing oneself to offense as a Class A misdemeanor. - Amends TCA Section 39-16-603. [HB-1777]
As enacted, requires a minimum sentence of 30 days in confinement upon conviction for flight from or attempt to elude a law enforcement officer in a motor vehicle or 60 days if the flight or attempt to elude creates a risk of death or injury to others, including pursuing law enforcement officers; adds intentionally concealing oneself to offense as a Class A misdemeanor. - Amends TCA Section 39-16-603.

  

Sponsored by: Rep. Pat Marsh Comp. Became Pub. Ch. 633 on 03/31/2016

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