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Bill > SB0959


TN SB0959

TN SB0959
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal law.


summary

Introduced
02/05/2025
In Committee
Crossed Over
Passed
Dead
03/11/2025

Introduced Session

Potential new amendment
114th General Assembly

Bill Summary

As introduced, permits a person who is serving a sentence of incarceration of eight years or more for an offense committed prior to January 1, 2026, and who is a victim of domestic abuse subjected to substantial physical, sexual, or psychological abuse inflicted by a member of the same family or household as the person to submit to the sentencing court, a request to apply for resentencing. - Amends TCA Title 39 and Title 40.

AI Summary

This bill creates a new legal pathway for individuals serving sentences of eight years or more for offenses committed before January 1, 2026, who are victims of domestic abuse to request resentencing. To apply, the individual must submit a request to the sentencing court that includes documentation proving their eligibility, along with at least two pieces of corroborating evidence demonstrating they experienced substantial physical, sexual, or psychological abuse by a family or household member at the time of the offense. The evidence must include at least one official document such as a court record, hospital record, law enforcement report, or order of protection. If the court finds the application meets requirements, it will conduct a hearing to determine whether resentencing is appropriate, considering factors like the applicant's institutional record, participation in rehabilitation programs, and willingness to participate in treatment. The court may vacate the original sentence and impose a new sentence, and the applicant has the right to appeal the decision. The bill defines domestic abuse by referencing an existing legal definition and ensures that an applicant's inability to access treatment programs while incarcerated will not be held against them during the resentencing consideration.

Committee Categories

Justice

Sponsors (1)

Last Action

SA0093 - Amendment 1-0 to SB0959 (on 03/12/2025)

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