Summary: SB 1929 (Session 114) – Tennessee Criminal Procedure: Mandatory 100% Sentence for Conspiracy, Attempt, and Solicitation of Specified Offenses
Purpose and intent
- The bill amends Tennessee Code Annotated (TCA) § 40-35-501 to require that individuals convicted of conspiracy, criminal attempt, or solicitation to commit certain offenses serve 100 percent of the court-imposed sentence, undiminished by any sentence reduction credits (such as standard good conduct or other credits), with two different applicability groups described below.
- The public welfare requires the measure to take effect July 1, 2026 and apply to offenses committed on or after that date.
Key provisions and changes
New subcategories added to mandatory 100% sentence rule
The bill adds three new categories of offenses for which conspiracy, attempt, or solicitation must be served at 100% of the imposed sentence undiminished by credits:
- (I) Conspiracy to commit any of the listed offenses
- (J) Criminal attempt to commit any of the listed offenses
- (K) Solicitation to commit any of the listed offenses
Listed offenses (subject to 100% rule for these three crimes)
The offenses listed in the bill for the 100% requirement include, but are not limited to:
- Attempted first degree murder
- Second degree murder
- Vehicular homicide resulting from intoxicated driving
- Aggravated vehicular homicide
- Especially aggravated kidnapping
- Especially aggravated robbery
- Carjacking
- Especially aggravated burglary
Additional offenses with 100% rule subject to credits up to 15%
The bill indicates a separate tier where the 100% requirement applies but allows release eligibility at 85% of the sentence served with credits (i.e., credits can reduce the sentence by up to 15%). These offenses include:
- Aggravated assault (various circumstances involving deadly weapon, strangulation, serious bodily injury, or death to a first responder or nurse)
- Voluntary manslaughter
- Vehicular homicide with risk of death or serious bodily injury under specific conditions (drag racing or construction-zone where a DOT worker was killed)
- Reckless homicide
- Aggravated kidnapping
- Involuntary labor servitude
- Trafficking in persons for forced labor or services
- Aggravated robbery
- Aggravated burglary
- Aggravated arson
- Possessing a firearm or antique firearm during commission or attempt to commit a dangerous felony
- Manufacture, delivery, or sale of a controlled substance after two or more convictions
- Criminally negligent homicide
Notes on sentencing mechanics:
- For criminal attempt, conspiracy, and solicitation, the sentence level is generally one classification lower than the most serious offense attempted/connived/solicited, except in cases where the original offense is a Class C misdemeanor (in which case certain limitations apply). The bill references Tenn. Code Ann. § 39-12-107(a)-(c) for the general rule about sentencing classifications for attempt, solicitation, and conspiracy.
Who/what would be affected
- Individuals convicted of:
- Conspiracy, criminal attempt, or solicitation to commit one of the listed offenses (both in the 100% undiminished category and the 85% with credits category).
- The Tennessee Department of Corrections (state facilities) and local facilities, due to changes in potentially longer mandatory terms and impact on bed occupancy and budget.
Procedural and timeline aspects
- Effective date: July 1, 2026
- Applicability: Applies to offenses committed on or after July 1, 2026.
- Process: The measures would modify sentencing rules at conviction for conspiracy, attempt, and solicitation in the specified offenses.
Fiscal and operational impact (per Fiscal Note)
- Estimated increase in state incarceration expenditures: $1,686,900 over FY 2028-29, with smaller incremental increases in FY 2026-27 and FY 2027-28.
- Assumptions driving the estimate:
- The 100% undiminished sentence or the 85% rule would apply to listed offenses, increasing the time served for many offenders.
- Increases are calculated using per-inmate per-day cost estimates ($67.31 state facilities; $48.40 local facilities) and population growth assumptions.
- The analysis indicates the collection of court costs and fines would not significantly offset the added costs.
- The fiscal note notes that bed availability is not factored into the estimate; costs are based on current operating costs and reimbursement for facilities as applicable.
Summary in plain terms
- SB 1929 tightens penalties for certain offenses by requiring that anyone convicted of conspiracy, attempt, or solicitation to commit those offenses serve the full sentence, undiminished by credits, with two tiered applicability:
- 100% of the sentence for high-severity offenses (e.g., murder, vehicular homicide, kidnapping, robbery, carjacking, aggravated burglary).
- 100% with the possibility of credits reducing up to 15% for a broader set of serious offenses (e.g., aggravated assaults with deadly weapon or other serious outcomes, certain homicide-related offenses, kidnapping, trafficking, robbery, arson, drug-related offenses after multiple prior convictions, and related crimes).
- The bill emphasizes more prolonged incarceration for aggravated and violent offenses and certain offenses against first responders, nurses, or construction workers.
- It would increase state correctional expenditures by roughly $1.69 million over the three-year period after full implementation, with ongoing costs tied to incarceration per diem rates and bed occupancy.
