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SB 1602

Sentencing - As introduced, increases the penalty for leaving the scene of an accident resulting in injury from a Class A misdemeanor to a Class E felony; increases the penalty for leaving the scene of an accident that the person knew or should reasonably have known resulted in death from a Class E felony to a Class D felony. - Amends TCA Title 39, Chapter 13 and Title 55, Chapter 10.

114th Regular Session (2025-2026) Introduced by Tom Hatcher

In Tennessee, SB 1602 heightens penalties for hit-and-run offenses, mandating longer prison terms and fines, with a minimum 1-year confinement for death resulting.

Signed by Senate Speaker
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Bill Summary · SB 1602

Summary of SB 1602 (Session 114) – Tennessee

Purpose and Intent

SB 1602, as amended, creates the James Bardsley Life Protection Act. It increases penalties for leaving the scene of an accident when death or injury results, with a focus on ensuring longer incarceration and mandatory fines. The bill applies to offenses committed on or after July 1, 2026.

Key Provisions and Changes

  • Rules reference: Tennessee Code Annotated (TCA) Title 39, Chapter 13 and Title 55, Chapter 10. The amendment targets the offense of leaving the scene of an accident.

  • Offense classification changes:

    • Leaving the scene of an accident resulting in injury: increases from Class A misdemeanor to Class E felony.
    • Leaving the scene of an accident when death results (and the person knew or should have reasonably known death resulted): increases from Class E felony to Class D felony.

  • Mandatory minimums (as amended text in Section 1):

    • For the Class E felony (death resulting): confinement for not less than one year, with 100% mandatory parole/in-prison serving, and a mandatory fine between $5,000 and $10,000.

  • Effective date: July 1, 2026.

  • Scope: The amendments apply to offenses committed on or after the effective date.

Who/What is Affected

  • Individuals convicted of:
    • Leaving the scene of an accident resulting in injury (now Class E felony).
    • Leaving the scene of an accident resulting in death (now Class D felony, with heightened penalties).
  • State and local criminal justice systems, due to longer mandatory minimum sentences and increased incarceration needs.

Procedural and Timeline Aspects

  • Legislative history:
    • Amended and approved by the Senate with Amendment 1 (SA0821) on April 6, 2026.
    • Bill language was significantly revised to include a clear mandatory minimum for the death-resulting offense.
  • Fiscal implications (as analyzed in Fiscal Notes):
    • State incarceration cost impact: approximately $11.9 million over three years (cumulative), reflecting longer stays for the modeled number of offenders.
    • Local government impact: estimated mandatory costs starting around $78,600 in the first year, decreasing per the analysis, due to longer jail time potentially shifting some costs to local facilities.
    • Assumptions include average convictions and time served based on prior data, with estimates of admissions (about 2 per year for the death-resulting case) and revised sentence lengths (including 0% to 100% confinement depending on the case).
  • Compliance and enforcement considerations:
    • The bill relies on existing mechanisms to classify offenses, prosecute, and enforce penalties but increases severity and mandatory minimums, which may affect sentencing guidelines, probation, and parole practices.

Practical Impact

  • The bill tightens penalties and adds a mandatory minimum for the most severe form (death resulting), signaling a harsher stance on hit-and-run deaths and injuries.
  • Expect longer average jail terms for affected offenses, with corresponding increases in state and local corrections budgeting and bed utilization.
  • Possible ancillary effects on court costs and fines collection are projected to be modest, with no substantial revenue increase anticipated.

If you’d like, I can provide a quick comparison to the current law (pre-SB 1602) or a focused section-by-section unpack of the amended language.

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

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