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SB 389

Criminal Offenses - As introduced, creates a Class C felony of reckless endangerment involving community terrorism, which is committed against a population within a geographic territory by members of a criminal gang or within 1,000 feet of a school or park; requires the sentencing court to revoke or prohibit the issuance of a driver license to individuals convicted of such offense for a five-year period following conviction. - Amends TCA Title 39, Chapter 13 and Title 40, Chapter 35.

114th Regular Session (2025-2026) Introduced by Brent Taylor

Expands reckless endangerment to include “community terrorism” with enhanced penalties, geographic prohibitions, and GPS monitoring for gang-related or near sensitive community sit

Assigned to General Subcommittee of Senate Judiciary Committee
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Bill Summary · SB 389

Summary – Bill SB 389 (House Bill 184 in some sessions)

Jurisdiction: Tennessee | Session: 114

Purpose and Intent

  • The bill expands the state’s reckless endangerment offense to include “community terrorism.” It targets acts of reckless endangerment that are:
    • gang-related against a population within a defined geographic territory, or
    • committed within 1,000 feet of certain public or private facilities (e.g., schools, libraries, parks).
  • The goal is to address acts by criminal gangs or near sensitive community spaces with enhanced penalties and enhanced post-conviction monitoring.

Key Provisions and Changes

Expanded Offense

  • Adds “community terrorism” as a form of reckless endangerment under Tennessee Code Annotated (TCA) § 39-13-103(b)(5)(A).
  • Community terrorism is defined as:
    • (i) Reckless endangerment committed against a population within a geographic territory by members of a criminal gang regularly engaging in gang-related conduct or with a pattern of gang activity; or
    • (ii) Reckless endangerment committed within 1,000 feet of specified facilities (schools, child care, libraries, parks, etc.).

Classification and Penalties

  • Community terrorism reckless endangerment is a Class C felony.
  • Additional penalties and conditions:
    • If the person had a valid driver license at conviction: license revocation.
    • If no valid license at conviction: prohibition on issuance of a license.
    • A court must prohibit entry into the geographic territory of the offense for the duration of sentence and must require the offender to wear a GPS monitoring device (GPS) to ensure compliance. The offender pays the monitoring costs.
    • Probation: prohibition and GPS monitoring are conditions of probation.
    • Parole: board of parole must include prohibitions and GPS as a parole condition if the offender becomes eligible.

License Restrictions and Reinstatement

  • Restricted Driver License: Eligible to apply for a restricted license after release from confinement or during parole/probation, with a $65 application fee to the Department of Safety (DOS).
    • Restricted license may cover specific needs (work, worship, medical appointments, dependents, school for full-time students).
    • After five years from issuance of a restricted license, the offender may apply for an unrestricted license if rehabilitated.
  • Full license without restrictions requires court approval after at least five years of restricted license, if rehabilitated.
  • Individuals whose license is revoked/prohibited must have five years of restricted licensing before being eligible for an unrestricted license.

Geographic Prohibition Details

  • The geographic territory where the offense occurred must be defined in sentencing.
  • GPS monitoring is required to enforce the geographic prohibition.

Other Provisions

  • The new offense is added to the list of offenses for which a homeowners association, neighborhood association, or similar entity may seek an injunction or restraining order to prohibit an offender from entering the residential boundaries.
  • The Department of Safety (DOS) A-List system may require modifications to accommodate tracking and licensing provisions; costs are anticipated to be potentially significant if scope exceeds current contract.

Who Is Affected

  • Offenders convicted of community terrorism reckless endangerment (Class C felony).
  • Individuals with revoked or prohibited licenses under this act (and those seeking restricted licenses).
  • Probationers and parolees subject to geographic prohibitions and GPS monitoring.
  • Department of Safety (DOS) and the Electronic Monitoring Indigency Fund (EMIF) for monitoring costs and indigent funding.
  • Local governments and private residential associations seeking injunctions against violators.
  • Courts, the Board of Parole, and potentially local incarceration facilities (due to projected state cost changes).

Procedural and Timeline Details

  • Effective date: July 1, 2025.
  • Courts must:
    • Order geographic prohibition and GPS monitoring for the duration of the sentence (or as a condition of probation/parole).
    • Submit conviction and license-revocation/prohibition orders to the DOS.
  • DOS must revoke or prohibit driving licenses as ordered and issue restricted licenses where approved (with $65 application fee).
  • Five-year minimum unrestricted license eligibility window after issuance of a restricted license.
  • GPS monitoring costs are borne by the offender, subject to indigency rules; EMIF may fund costs if the offender is indigent.
  • Parole board must enforce geographic prohibition upon eligibility for parole.

Fiscal Notes (High-level)

  • Incarceration cost impact: modest, with estimated increases in the state correction system (ranging from roughly $148k to $158k annualized in amended versions depending on assumptions).
  • GPS/monitoring costs: ongoing per-offender device costs (approx. $7/day) and potential EMIF/indigent fund implications.
  • DOS A-List software modifications expected to be manageable within existing vendor contracts; potential one-time costs if scope expands.

Summary

SB 389 expands reckless endangerment to include “community terrorism,” creating a Class C felony with enhanced post-conviction restrictions (district/geographic prohibition and GPS monitoring) for offenses tied to gang activity or committed near schools and parks. It imposes license-revocation or prohibitions, creates pathways for restricted licenses, and requires board-level enforcement via parole conditions. It also broadens the ability of residential associations to seek injunctions against offenders. The act takes effect July 1, 2025, with associated fiscal implications primarily around incarceration costs, GPS monitoring, and administrative system updates.

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

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