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SB 120

Criminal Offenses - As introduced, expands the Class C felony offense of aggravated assault against a first responder to include knowingly possessing fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or a fentanyl analogue in a manner that would be reasonably foreseen to expose a first responder to the substance while the first responder is discharging or attempting to discharge the first responder's official duties and the first responder is exposed resulting in the serious bodily injury or death of the first responder. - Amends TCA Title 39.

114th Regular Session (2025-2026) Introduced by Adam Lowe

Tennessee bill makes knowingly possessing fentanyl compounds that expose first responders to serious injury or death a Class C felony.

Passed on Second Consideration, refer to Senate Judiciary Committee
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WeVote Research Nonpartisan
Bill Summary · SB 120

Legislative bill overview

SB 120 expands Tennessee's aggravated assault law to create a new Class C felony for knowingly possessing certain fentanyl compounds in a manner that exposes a first responder to the substance during official duties, resulting in serious bodily injury or death. The bill targets accidental fentanyl exposure incidents where first responders are harmed through contact with the drug while performing their work.

Why is this important

First responders—police officers, firefighters, and paramedics—have reported increasing incidents of accidental fentanyl exposure during drug seizures and emergency calls, sometimes leading to overdose symptoms or serious health consequences. This legislation attempts to hold individuals criminally liable when their possession of fentanyl directly causes harm to first responders, creating a legal avenue for prosecution beyond standard drug possession charges.

Potential points of contention

  • Causation and intent standards: The bill requires "knowingly possessing" and that exposure be "reasonably foreseen," raising questions about how prosecutors will prove these mental states and whether the standards are too broad or too narrow in practice
  • Accidental vs. intentional harm: Critics may argue the law conflates unintentional exposure (from handling seized drugs) with assault, potentially treating negligence as a serious felony
  • Scope of fentanyl analogues: The inclusion of "a fentanyl analogue" is open-ended and could capture newly synthesized compounds, creating enforcement challenges and potential due process concerns about undefined criminal conduct

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

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