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HB 1765

Orders of Protection - As introduced, increases from a Class A misdemeanor to a Class E felony the penalty for the criminal offense of violation of an order of protection if the order violated was a lifetime order of protection and the conviction that the lifetime order of protection was based on involved the use of force against a victim. - Amends TCA Title 36 and Title 39.

114th Regular Session (2025-2026) Introduced by Mary Littleton

The bill increases penalties to a Class E felony for knowingly violating a lifetime protection order when the underlying offense involved force against the victim, with consecutive

Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee
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Bill Summary · HB 1765

Summary of HB 1765 (Session 114) – Tennessee

Bill Overview

  • Title: Orders of Protection
  • Purpose: Increase the penalty for knowingly violating a lifetime order of protection (LOP) when the lifetime order is based on an offense involving the use of force against a victim. Specifically, elevates the offense from a Class A misdemeanor to a Class E felony.
  • Effective date: July 1, 2026 (applies to acts committed on or after that date).
  • Related jurisdiction: Amends Tenn. Code Ann. Titles 39 and 36.

Key Provisions

Section 1 – Clarification of Violation Penalty Language

  • Modifies § 39-13-113(g) to distinguish violations of subsection (a) from other violations, creating a specific provision for the enhanced penalty in subsection (g)(2) (to be added).

Section 2 – New Subsection for Enhanced Felony Penalty

  • Adds subsection (g)(2) to § 39-13-113:
    • (A) A violation of subsection (a) is a Class E felony if:
    • (i) The offender knowingly violated a lifetime order of protection issued under § 36-3-627; and
    • (ii) The conviction underlying the lifetime order involved the use of force against a victim.
    • (B) Sentencing rules:
    • Any incarceration must be served consecutively to sentences for other offenses based on the same facts, unless the judge orders concurrent service for offenses arising from the same facts.

Section 3 – Effective Date

  • The act takes effect July 1, 2026, and applies to acts committed on or after that date.

Who/What is Affected

  • Offenders who knowingly violate a lifetime order of protection (LOP) when the underlying conviction involved the use of force against a victim.
  • Courts and sentencing framework for offenses arising from the same set of facts.
  • Victims protected by lifetime orders of protection (explicitly implicated via the enhanced risk/seriousness if a lifetime order based on force is violated).
  • State and local correctional systems due to potential increased felony incarceration.

Fiscal and Administrative Impact

  • State incarceration costs: Estimated increase of $1,462,200 over the three-year horizon after enactment (reflecting new Class E felony admissions dedicated to violations of lifetime protection orders).
  • Local government costs: Estimated net annual decrease of $116,200 (cost reductions from converting some former misdemeanor cases to felonies and associated local jail costs).
  • Caseload and collections: The fiscal note suggests the courts can manage the anticipated increase in caseload within existing resources; collection of court costs/fees is not expected to be significantly affected.
  • Incarceration specifics: Assumes 115.6 annual admissions for new Class E felony violations, with an average sentence of 0.54 years (about 6.5 months).

Additional Provisions in Related Documents

  • The fiscal note also mentions that a felony offense from another state can qualify a victim for a lifetime order if it is a qualifying offense or substantially comparable to a qualifying offense in Tennessee.
  • Lifetime orders of protection previously carry civil contempt options and a $50 civil penalty to be deposited into the Domestic Violence Community Education Fund.

Practical Implications

  • The bill tightens penalties for serious breaches of lifetime protective orders, increasing accountability for violators where force was involved in the underlying offense.
  • It creates a more robust disincentive for offenders facing lifetime protection orders by adding a higher-stakes penalty and potential longer, consecutive incarceration.
  • The legislation is designed to address violent or forceful violations of protective orders while maintaining court flexibility to order concurrent sentencing when offenses arise from the same set of facts.

If you’d like, I can provide a side-by-side comparison with current law, or a quick Q&A addressing common questions (e.g., how “consecutive” vs. “concurrent” sentencing would work in typical cases).

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

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