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SB 1737

Criminal Offenses - As introduced, creates the criminal offense of knowingly traveling, with intent to commit theft of another person's cash, from a commercial business or financial institution on the same path or route as another person without substantially deviating from that path or route while in possession of two or more criminal instruments. - Amends TCA Title 39.

114th Regular Session (2025-2026)

Creates a new crime: traveling toward a cash theft target with two or more “criminal instruments” on a shared route, with harsher penalties if linked to burglary or robbery.

Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 3 PNV 0
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Bill Summary · SB 1737

Summary: SB 1737 (Session 114) – Tennessee

Bill Overview

  • Full title (as introduced): Criminal Offenses - Creates the criminal offense of knowingly traveling, with intent to commit theft of another person's cash, from a commercial business or financial institution on the same path or route as another person without substantially deviating from that path or route while in possession of two or more criminal instruments.
  • Status: As introduced, amended and considered; placed on committee calendars in 2026.
  • Jurisdiction: Tennessee
  • Primary focus: Establishes a new crime targeting a specific pattern of travel in proximity to a theft target while carrying two or more “criminal instruments.”

Key Provisions

  • New offense created (TCA Title 39, Chapter 17, Part 1):
    • It is an offense to knowingly travel, with the intent to steal cash from a commercial business or financial institution (as defined at § 45-11-102), on the same path or route as another person, with little deviation, while in possession of two or more “criminal instruments.”
  • Definition of “criminal instrument”: An item that is possessed, used, made, designed, or adapted for use in committing an offense under title 39, chapter 13, part 10 (theft/burglary offenses) or § 39-14-103, and whose possession is not otherwise unlawful.
  • Penalties (subsection (b)):
    • Class A misdemeanor by default.
    • Class D felony if, during the offense, the person commits a violation of title 39, chapter 13, part 10 (burglary-related offenses).
    • Class B felony if, during the offense, the person commits a violation of title 39, chapter 13, part 4 (robbery-related offenses).
  • Effective date: July 1, 2026.

Scope and Affected Parties

  • Targets individuals traveling in tandem with others to commit cash theft from businesses or financial institutions.
  • Geographic/venue scope: Applies to commercial businesses and financial institutions (including ATMs as noted in amended summaries).
  • Law enforcement and prosecutors: New enforcible offense; may affect charges in cases involving planned thefts on a shared route with multiple “criminal instruments.”

Fiscal and Procedural Considerations

  • Fiscal impact (as analyzed):
    • Estimated additional incarceration costs of around $56,300 over three fiscal years (FY26-27 to FY28-29), driven by potential cases involving related burglary/robbery offenses.
    • The analysis assumes the offense could elevate some cases to Class B or Class D felonies if linked to rob/ burglary statutes.
    • Revenue impact from fines/fees collection is expected to be insignificant.
  • Implementation notes (as amended): The amendment broadens the offense to include automated teller machines (ATMs) in addition to commercial businesses and financial institutions.
  • Recidivism and admissions: Fiscal notes model potential admissions and time served based on comparable robbery burglary patterns; estimates reflect statewide detention costs without factoring facility bed availability.

Practical Implications

  • The bill creates a targeted offense that punishes traveling with two or more “criminal instruments” toward an intended cash theft on a shared route, with enhanced penalties if linked to burglary or robbery offenses.
  • Many thefts would already be prosecutable under existing theft statutes; this bill adds a distinctive pattern-based approach and enhanced penalties when paired with other offenses.
  • If enacted, the law would apply to offenses arising on or after July 1, 2026.

Key Takeaways

  • Purpose: Add a novel criminal offense focused on predatory travel behavior intended to facilitate cash theft from businesses or banks.
  • Penalties escalate from Class A misdemeanor to Class D/B felonies when paired with burglary/robbery-related crimes.
  • Clear definition of “criminal instrument” and inclusion of ATMs in the amended version.
  • Fiscal impact anticipated primarily in incarceration costs; minor revenue impact from fines.

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

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