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SB 2466

Criminal Offenses - As enacted, makes various changes to the law relative to fraudulent freight theft. - Amends TCA Title 4; Title 5; Title 6; Title 7; Title 16; Title 17; Title 18; Title 20; Title 22; Title 24; Title 25; Title 26; Title 27; Title 28; Title 37; Title 38; Title 39; Title 40; Title 43; Title 54 and Title 55.

114th Regular Session (2025-2026) Introduced by Paul Bailey

Defines and criminalizes fraudulent freight theft and creates multi-jurisdiction reporting to aid enforcement and recovery.

Pub. Ch. 871
#criminaloffenses
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WeVote Research Nonpartisan
Bill Summary · SB 2466

Summary of SB 2466 (Session 114, Tennessee)

Proposed by Amendment to HB 2139; as amended, the bill expands theft-related offenses and creates a formal framework for reporting fraudulent freight theft.

1) Main purpose and intent

  • To define and criminalize “fraudulent freight theft” and to designate it as theft under existing theft statutes.
  • To recognize fraudulent freight theft as a distinct offense that can occur as part of a continuing scheme, and to facilitate reporting across jurisdictional boundaries.
  • To establish administrative rules and reporting procedures to support law enforcement, carriers, shippers, and insurers in addressing theft of freight.

2) Key provisions and changes

A. New definitions (Section 1)

  • “Broker” – includes any person/entity arranging transportation for compensation (including federally licensed freight brokers).
  • “Fraudulent freight theft” – theft of freight achieved through deception, misrepresentation, impersonation, false pretenses, identity fraud, and related acts; examples include:
    • Double brokering without authorization
    • Impersonation of a motor carrier or broker
    • Fraudulent pickup with falsified credentials
    • Diversion of freight after lawful pickup
  • “Freight” – cargo transported or tendered for transport by a commercial motor vehicle or by a railroad carrier.
  • “Motor carrier” – person/entity authorized to transport property by commercial motor vehicle under law.
  • “Railroad carrier” – entity providing railroad transportation (consistent with 49 U.S.C. § 20102(3)).
  • “Reporting party” – party with a valid interest (motor carrier, broker, shipper, insurer).
  • “Shipper” – entity tendering freight for transportation.

B. Offense and penalties (Section 1)

  • Fraudulent freight theft is punishable as theft under the existing theft statute (39-14-105).
  • May be a continuing offense if multiple acts are part of a single scheme.
  • It is a separate offense from breach of contract or civil disputes.

C. Reporting and law enforcement procedures (Section 1)

  • Reports may be filed in multiple jurisdictions:
    • Location where freight was tendered or picked up
    • Location where theft was discovered
    • Location where freight last had lawful possession
    • Principal place of business of the reporting carrier
    • Any location where a material theft act occurred
  • Agencies must not refuse reports solely because the theft did not occur within the agency’s jurisdiction.
  • Reporting party can file even if no force or unlawful entry occurred; proof of ownership not required at filing, so long as legitimate contractual/financial interest is shown.
  • Agencies must issue a case number and enter the incident into crime databases; may coordinate with state/federal agencies, cargo theft task forces, and railroad police.
  • The report filed under this act must be recognized as an official theft report for insurance and civil recovery purposes.
  • Civil remedies are not precluded by filings under this act.

D. Documentation and record retention (Section 1)

  • Reporting parties must preserve records (including electronic records) for at least five years from the date of the offense.
  • Agencies may request additional documentation reasonably related to the investigation.

E. Administrative rules (Section 2)

  • Tennessee Department of Safety and Homeland Security is authorized to promulgate rules and forms necessary to implement the act, under the Uniform Administrative Procedures Act.

F. Effective date (Section 3)

  • The act takes effect July 1, 2026.

3) Affected parties and impacts

  • Primary offenses: Individuals or entities committing fraudulent freight theft (e.g., impersonators, double brokers, those using falsified credentials).
  • Affected groups: motor carriers, brokers, shippers, insurers, and law enforcement agencies involved in freight transport.
  • Administrative impact: Department of Safety and Homeland Security will issue rules and forms; coordination with state/federal agencies and cargo-theft task forces is anticipated.
  • Fiscal impact: Not significant; existing resources are deemed sufficient to implement and administer reporting mechanisms and enforcement under the new framework.

4) Procedural and timeline notes

  • Legislative history shows passage in both chambers with amendments; signed by presiding officers in April 2026.
  • Effective date is July 1, 2026.
  • The measure includes a correctional fiscal note indicating minimal anticipated fiscal impact.

Overall, SB 2466 adds a defined offense of fraudulent freight theft, broadens reporting pathways across jurisdictions, clarifies investigative coordination, and establishes rulemaking authority for implementation, with a focus on improving enforcement and recovery related to freight theft.

Compiled from official sources — confirm details with the bill’s official record.

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