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SB 1764

Criminal Offenses - As introduced, removes the limitation on the penalty for illegally possessing a telecommunication device in a penal institution that required the Class E felony to be punished by a fine only. - Amends TCA Title 39.

114th Regular Session (2025-2026) Introduced by Mark Pody

Tennessee bill removes fine-only penalty limits for inmates illegally possessing cell phones, allowing courts to impose additional imprisonment or penalties for deterrence.

Introduced, Passed on First Consideration
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Bill Summary · SB 1764

Legislative bill overview

SB 1764 modifies Tennessee law regarding illegal possession of telecommunications devices in prisons by removing the restriction that limited penalties to fines only. This change would allow courts to impose additional penalties beyond monetary fines for this Class E felony offense, potentially including imprisonment or other sentencing options.

Why is this important

Prison contraband, particularly cell phones, poses significant security risks by enabling inmates to coordinate criminal activity, intimidate witnesses, or orchestrate escapes. Currently, the fine-only penalty may be perceived as insufficient deterrent, and this bill aims to strengthen enforcement by giving courts greater sentencing flexibility for this violation.

Potential points of contention

  • Sentencing severity: Critics may argue that stacking imprisonment on top of existing sentences for the underlying crime creates disproportionate punishment for device possession versus the actual harm caused
  • Overcrowding concerns: Increased prison sentences for this offense could exacerbate jail overcrowding issues in Tennessee facilities
  • Implementation clarity: The bill doesn't specify what alternative penalties (prison time, extended supervision, restitution) would be available, leaving sentencing guidelines unclear
  • Effectiveness debate: Unclear whether harsher penalties significantly reduce contraband smuggling compared to detection/prevention methods

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

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