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TN HB1363

TN HB1363
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal law.


summary

Introduced
02/06/2025
In Committee
02/12/2025
Crossed Over
Passed
Dead

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 were victims of domestic abuse, to request resentencing. The process requires the applicant to submit documented evidence of domestic abuse, including at least two corroborating pieces of documentation, with at least one being an official record like a court document, hospital record, or law enforcement report. The sentencing court will review the application, notify the district attorney, and conduct a hearing to determine if resentencing is appropriate. During the hearing, the court can consider the applicant's institutional record, including participation in treatment programs and disciplinary history, with special consideration that inability to participate in programming due to institutional barriers should not be viewed negatively. If the court approves resentencing, it will vacate the original sentence and impose a new sentence. The applicant has the right to appeal the court's decision, either challenging the denial of resentencing or the new sentence's terms. Throughout the process, applicants can request court-appointed attorneys and will be credited for time already served. The bill defines domestic abuse by referencing existing Tennessee law and is designed to provide relief for individuals who committed offenses while experiencing substantial domestic violence.

Committee Categories

Justice

Sponsors (1)

Last Action

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

bill text


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