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TN HB1177

TN HB1177
AN ACT to amend Tennessee Code Annotated, Title 33; Title 40 and Title 52, relative to persons found incompetent to stand trial.


summary

Introduced
02/06/2025
In Committee
04/17/2025
Crossed Over
04/22/2025
Passed
04/28/2025
Dead
Signed/Enacted/Adopted
05/27/2025

Introduced Session

114th General Assembly

Bill Summary

As enacted, increases from 11 months and 29 days to two years from the date of arrest the time within which misdemeanor charges against a defendant who has been found incompetent must be retired unless the defendant is restored to competency; adds to present law that, when a defendant whose misdemeanor charges were retired due to a finding of incompetency is released into the community, the chief officer is required to notify the court of the defendant's discharge and provide the court and the sheriff with an outpatient treatment plan that accounts for the safety of the community. - Amends TCA Title 33; Title 40 and Title 52.

AI Summary

This bill modifies Tennessee law regarding misdemeanor charges for defendants found incompetent to stand trial due to mental illness or developmental disability. Currently, misdemeanor charges were required to be retired within 11 months and 29 days after arrest, but the bill extends this timeframe to two years after the date of arrest. Importantly, if the defendant is restored to competency before the two-year mark, the charges will not be automatically retired. When a defendant with retired charges is released into the community, the chief officer must notify the court of the discharge and provide an outpatient treatment plan that considers community safety. The bill amends sections of Tennessee Code related to reporting obligations for hospitalized defendants with misdemeanor charges, ensuring continued reporting until the defendant is discharged. These changes aim to provide more flexibility in managing cases involving defendants with mental health or developmental challenges while maintaining public safety considerations. The bill is set to take effect on July 1, 2025.

Committee Categories

Budget and Finance, Justice

Sponsors (4)

Last Action

Effective date(s) 07/01/2025 (on 05/27/2025)

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