CRIMINAL LAWS 

The Tennessee General Assembly approved a wide range of legislation addressing crime during the 2015 legislative session.

Animal Fights – The Legislature voted to increase penalties against spectators attending animal fights. Currently, it is a Class C misdemeanor with a $50 fine to be a spectator at a cock fight; while it is a Class B misdemeanor with a $500 fine to be a spectator at a dog fight. The new law increases the current penalty for being a spectator at any animal fight to a Class A misdemeanor. It also establishes the offense of taking a minor under 18 years of age to an animal fight as a Class A misdemeanor with a minimum $1000 fine.

Public Chapter 406 Effective date: July 1, 2015.

Animals / Police and Rescue Animals – Legislation was adopted in the 2015 session requiring any conviction for intentionally killing a police dog, fire dog, search and rescue dog, or police horse to be punished as a Class E felony. This would apply unless the grading of the value of the animal results in a higher classification.

Public Chapter 409 Effective date: May 8, 2015.

Animals in Danger / Liability Protection – The Legislature voted this year to extend civil liability protection for Tennesseans who rescue an animal locked in an automobile that is in imminent danger of dying. The original liability protection law, which was passed by the General Assembly last year, protects those who break a car window in an attempt to rescue a minor locked in a vehicle if they believe the situation threatens the child’s well-being. Under the new law, the Good Samaritan must determine that the vehicle is locked or there is no reasonable method for the minor child or animal to exit. The rescuer must also contact emergency law enforcement or fire personnel first before forcibly entering the vehicle. They must remain with the minor child or animal in a safe location that is reasonably close to the vehicle until emergency responders arrive.

Public Chapter 166  Effective date: July 1, 2015.

Child Abuse / Conditions of Bail – Similarly, legislation was approved this year which allows a magistrate to set conditions of release on bail for a person arrested for child abuse, child neglect, child endangerment, aggravated child abuse, aggravated child neglect or aggravated child endangerment, like those set in domestic violence cases.

Public Chapter 245 Effective date: April 24, 2015.

Crime / Neighborhoods – The General Assembly has passed a new law giving homeowner associations, neighborhood watch groups or other similar organizations the ability to petition a court to get a restraining order against repeat offenders who have committed crimes within their boundaries. The measure applies to an offender who has committed three or more separate offenses if he or she is convicted of burglary, rape, criminal homicide, dealing drugs, criminal gang activity, prostitution, theft over $500, or vandalism. The restraining order can remain in effect for one year if granted by the court and be renewed by the judge upon a motion of the organized residential entity.

Public Chapter 365 Effective date: July 1, 2015, and applies to any person whose third or subsequent applicable offense is committed on or after that date.

Domestic Violence / 12 Hour Hold – The General Assembly gave final approval to legislation which removes the provision in state law that allows judges and magistrates to waive the 12-hour “cooling off” period during which a person charged with a domestic violence offense or an elder abuse offense cannot be released on bail. Under current law, individuals charged with domestic violence can be held for up to 12 hours. However, a “magistrate or other official duly authorized” can release the accused earlier if they deem the risk to the victim has passed. The new law still allows for judicial discretion based on the individual circumstances but requires judges to list in the record why a waiver was given while also making every effort to notify the victim before the waiver is approved.

Public Chapter 375  Effective date: May 8, 2015.

Domestic Violence / Deaf Children – A bill has been signed into law requiring any investigator or law enforcement officer use an interpreter when interviewing the hearing impaired child, rather than a parent or family member. The statute also calls for the child to be interviewed outside of the presence of the potential abuser. The sign language interpreter can be called in to interpret or law enforcement can utilize one from a remote location through video remote interpreting. Law enforcement agencies will maintain a list of interpreters developed from a list provided by the Tennessee Council for the Deaf, Deaf-Blind and Hard of Hearing.

Public Chapter 231 Effective date: April 21, 2015.

Drugs / Synthetic Drugs – The synthetic cannabinoids quinolinylindolecarboxylate, naphthoylindazoles, methylindazolecarboxamindobutanoate and naphthalenylindolecar-boxylates have been added to the state’s Schedule I controlled substances law under legislation adopted this year. The first violation is a Class D felony, under the bill, with a second being a Class C offense. The General Assembly has passed legislation to ban other chemical compounds used in synthetic drugs; however, some chemists manufacturing the drugs continue to modify molecules in the organic compounds to avoid prosecution.

Public Chapter 401 Effective date: July 1, 2015.

DUI / Aggravated Vehicular Homicide / Sentencing – Legislators continued to address drunk driving during the 2015 legislative session with passage of a bill which prohibits the release eligibility for those convicted of aggravated vehicular homicide until the offender has served at least 60 percent of their sentence. In addition, sentence reduction credits earned by the offender for good behavior cannot reduce the sentence imposed below 45 percent. Vehicular homicide can become aggravated by various factors, including prior DUI convictions.

Public Chapter 433 Effective date: July 1, 2015, and shall apply to acts committed on or after that date.

DUI / Vehicular Homicide / Transdermal Monitoring – The Legislature has approved legislation to require the use of a transdermal monitoring device as a condition of a person’s bail agreement if a person is charged with a second or subsequent offense of vehicular assault or vehicular homicide resulting from the driver’s intoxication. Transdermal alcohol monitoring is a technology that can detect the use of alcohol by offenders and report it to authorities. All expenses associated with the person being subject to a transdermal monitoring device as a condition of bail will be paid by the offender under the bill. The judge may waive, modify or affirm an order requiring a person to be subject to transdermal monitoring if there are medical reasons why the person is unable to participate.

Public Chapter 490  Effective date: July 1, 2015, and shall apply to all applicable bond orders issued on or after that date.

DUI / Vehicular Assault or Homicide / Penalties – The Senate and House of Representatives have passed a bill that provides a mandatory minimum sentence for those convicted of vehicular assault or homicide as a result of driving under the influence of alcohol or drugs (DUI). The legislation puts these offenses under the same mandatory minimum requirements for jail time as other DUI-related crimes. The bill comes after circumstances which have occurred in Tennessee where individuals convicted of vehicular homicide or assault served no jail time. This new law states that those convicted of vehicular assault or homicide while under the influence will at least serve a range of mandatory minimum sentences from 48 hours in jail if it is a first offense and up to 150 days if the offender has three or more convictions for alcohol-related offenses.

Public Chapter 125 Effective date: July 1, 2015.

DUI / Serious Bodily Injury / Repeat Offenders – The bill creates a new Class C felony offense for aggravated vehicular assault for those with multiple DUI convictions within the last 20 years who have crashed into someone and injured them.

Currently, there are enhanced penalties if the person dies, but if they are injured it is a Class D felony, subject to two years to 12 years imprisonment, loss of driving privileges for one year to five years, and a fine of up to $5,000. This bill elevates the offense from a D felony to a C felony if a person is seriously injured and the intoxicated driver has a BAC of 0.2 or more and has a prior conviction for driving under the influence or for the habitual motor vehicle offender law; or commits vehicular assault and has two or more prior convictions for driving under the influence, habitual motor vehicle offender law, vehicular assault, or vehicular homicide.

The penalty for a Class C felony is three years to 15 years imprisonment and a fine of up to $10,000. This measure requires that a fine of $5,000 to $15,000 be imposed on any person who commits aggravated vehicular assault. Additionally, a person who commits aggravated vehicular assault will lose driving privileges for one year to five years.

Public Chapter 125 Effective date: July 1, 2015.

DUI / Confiscation of Property –  Current law provides that upon being charged with a second DUI violation, the accused offender’s property and vehicle may be seized and forfeited. This new law makes it clear that a conviction is required before seizure or forfeiture can occur.

Public Chapter 463 Effective date: May 8, 2015.

Human Trafficking – This year’s legislation includes a bill to give law enforcement and other officials more training to identify, investigate, and prosecute cases of human trafficking. The new law calls on the TBI to implement such training courses, which will also include information to help first responders and caseworkers find services to assist victims of the crime. It provides for four additional special TBI agents to implement the new program.

Public Chapter 503 Effective date: July 1, 2015.

The General Assembly approved another bill that adds commercial human trafficking to the list of offenses for which a District Attorney may apply for a law enforcement wiretap.

Public Chapter 435 Effective date: July 1, 2015.

The Tennessee legislators voted this year to enable a Juvenile Court Judge of a jurisdiction that has shelter care facilities to allow police to transport the juvenile victims of prostitution to the facility in order to coordinate the release of the juvenile to the parent or legal guardian.  Under the new statute, the designated shelter care facility can make the minor or the minor’s family aware of services that are available to juvenile victims of prostitution and facilitate notification of the Department of Children’s Services if it is determined that there are neglect/dependency issues involved.

Public Chapter 264 Effective date: April 24, 2015.

The statute of limitations to prosecute promoting prostitution will be extended under a bill approved during the 2015 legislative session. This new law extends the statute of limitations from 10 years to 25 years after the victim becomes 18 years of age.

Public Chapter 310  Effective date: July 1, 2015.

Palcohol – The Senate and House of Representatives voted to approve legislation that bans the sale of powdered or crystalline alcohol in Tennessee. The new statute makes it a Class A misdemeanor offense to sell the product, which is currently pending approval by the U.S. Food and Drug Administration (FDA).

Public Chapter 311  Effective date: May 1, 2015.

Sex Offenders – The General Assembly approved a bill which adds to the residential and work restrictions for sexual offenders to prohibit them from being alone with a minor in addition to being prohibited from residing with a minor.

Public Chapter 516 Effective date: July 1, 2015.

Strangulation – The Tennessee General Assembly approved legislation that redefines strangulation to include, “intentionally or knowingly impeding normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose and mouth of another person, regardless of whether that conduct results in any visible injury or whether the person has any intent to kill or protractedly injure the victim.”

Currently the definition of strangulation requires the act must be “intentional,” which is a higher standard of proof. Present law also requires a visible injury in cases of strangulation.

Public Chapter 306 Effective date: July 1, 2015.