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TN SB1677

TN SB1677
AN ACT to amend Tennessee Code Annotated, Title 40, relative to evidence.


summary

Introduced
01/14/2026
In Committee
Crossed Over
Passed
Dead

Introduced Session

114th General Assembly

Bill Summary

As introduced, prohibits a court from excluding evidence against a criminal defendant unless the evidence was obtained by deliberate, reckless, or grossly negligent conduct or recurring or systemic negligence that violated the Fourth Amendment to the United States Constitution and refusal to suppress the evidence would contradict a clearly established holding of the United States supreme court; establishes an immediate interlocutory appeal to the Tennessee supreme court when a court grants a motion to suppress evidence. - Amends TCA Title 40.

AI Summary

This bill, effective July 1, 2026, significantly alters the rules for excluding evidence in criminal cases in Tennessee by limiting when courts can suppress evidence obtained in violation of constitutional rights. Specifically, evidence will generally not be excluded unless it was obtained through deliberate, reckless, or grossly negligent conduct, or through recurring or systemic negligence that violated the Fourth Amendment of the U.S. Constitution, and suppressing the evidence would contradict a clearly established U.S. Supreme Court ruling; this means Tennessee courts cannot create their own rules for excluding evidence that go beyond federal requirements. Furthermore, if a court decides to suppress evidence, the state now has the right to an immediate appeal directly to the Tennessee Supreme Court, which must expedite these cases and can only affirm the suppression if the state agrees that a U.S. Supreme Court precedent mandates it, otherwise, proceedings in the trial court will be paused until the appeal is resolved.

Committee Categories

Justice

Sponsors (1)

Last Action

Passed on Second Consideration, refer to Senate Judiciary Committee (on 01/21/2026)

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