Summary of Bill: SB 1928 / HB 2367 (Session 114 • Tennessee)
Purpose
- To amend several Tennessee Code provisions relating to criminal justice in order to:
- Ensure certain individuals cannot be excluded from a courtroom during proceedings.
- Expand the definition of “victim” for purposes of criminal restitution and victim-related programs.
- Extend the reach of certain offenses to include victims in the context of retaliation.
- Add new categories of offenses that could trigger restitution or compensation provisions.
- Clarify who may be considered an “individual involved in the judicial process” for retaliation offenses, including victims.
Key Provisions and Changes
1) Courtroom Attendance and Exclusion (Section 1)
- Adds a new subsection (b) to Tenn. Code Ann. § 40-10-103.
- Clarifies that certain persons cannot be excluded from having access to the courtroom:
- A party who is a natural person.
- A person designated by counsel for a party that is not a natural person.
- A person whose presence is essential to presenting a party’s case.
- A victim of a criminal offense or, if the victim cannot attend, a representative selected by the victim (or guardian/family) in addition to the state's designated witness.
- Purpose: To protect the presence of these individuals in court and ensure participation in the judicial process.
2) Victim Definition for Restitution and Compensation (Section 2)
- Amends Tenn. Code § 40-35-304 (Restitution) to expand “Victim”:
- Includes a reciprocal (as defined in § 56-16-102) when the reciprocal has compensated a subscriber for losses due to the offense, to the extent that the reciprocal paid compensation.
- Includes a law enforcement agency that spends funds for the purchase of controlled substances or other contraband during investigations.
- Implication: More entities (reciprocals and certain law enforcement expenditures) may be eligible for restitution-related treatment or consideration.
3) Additional Offenses for Restitution Eligibility (Section 3)
- Expands the offenses that qualify for the Criminal Injury Compensation Fund (CICF) payments:
- Adds evading arrest when the offense directly results in serious bodily injury or death to the victim.
- Adds vehicular homicide when the offense directly results in serious bodily injury or death to the victim.
- Context: The CICF pays compensation to victims for personal injury or death.
4) Victim in Retaliation Provisions (Section 5)
- Expands the “victim” or “individual involved in the judicial process” definition for retaliation offenses to include the victim of a crime.
- This broadens the scope of who can be protected under retaliation statutes, potentially increasing enforcement of retaliation-for-past-action provisions.
5) Miscellaneous and Effective Date (Section 4 and Overall)
- Section 4 adds a new subdivision to the retaliation-related offense (39-16-510) to include victims in the definition of “individual involved in the judicial process.”
- Effective date: July 1, 2026.
Fiscal and Operational Impacts (Summary from Fiscal Note)
- State expenditures:
- Incarceration: Estimated increases around $25,600 annually (over the next three fiscal years).
- Criminal Injury Compensation Fund:
- Estimated annual increases in expenditures greater than $181,600 starting FY26-27 and continuing thereafter.
- Revenue and court cost impacts are estimated to be not significant.
- The analysis assumes some increased claims under the CICF due to expanded eligibility and new victim categories but indicates the overall fiscal impact is modest relative to current fund activity.
Implementation and Timeline
- If enacted, provisions take effect July 1, 2026.
- Legislation has advanced through Senate committees and is under consideration for final passage.
Who Is Affected
- Criminal defendants, victims of crime, and victims’ representatives.
- Victims and their designated representatives in court proceedings.
- Law enforcement agencies that spend funds on substances or contraband during investigations (for CICF considerations).
- Reciprocals and private entities involved in compensation arrangements under restitution provisions.
- Courts and magistrates administering witness management and courtroom access.
Notes
- The bill adds protections to ensure victims and essential participants can be present in proceedings, while also broadening compensation mechanisms for victims of certain offenses.
