Summary of Bill: SB 1736 (Session 114) – Tennessee
Title: James Bardsley Life Protection Act
Jurisdiction: Tennessee
Purpose
- Increase penalties for leaving the scene of an accident (CSOA) when there is injury or death.
- Specifically elevates penalties to deter and punish failures to stop and provide aid after accidents.
Main Provisions (Substantive Changes)
- Title and Code references: Amends Tenn. Code Ann. § 55-10-101 and related sections in Title 39 and Title 55 to implement stronger penalties. The act takes effect July 1, 2026.
1) Injury Resulting from Accident
- Current law: Leaving the scene of an accident resulting in injury is a Class A misdemeanor.
- New law (Section 2): That offense becomes a Class E felony.
2) Death Resulting from Accident
- Current law: Leaving the scene of an accident where the person knew or should reasonably have known that death resulted is a Class E felony.
- New law (Section 3): That offense becomes a Class D felony.
Naming
- The act is named the "James Bardsley Life Protection Act."
Affected Provisions
- Offenders who leave the scene after causing injury or death would face significantly higher penalties:
- Injury: Class EFelony (enhancement from Class A misdemeanor)
- Death: Class D Felony (enhancement from Class E felony)
Effective Date
- July 1, 2026
Fiscal Impact (as summarized in the Fiscal Note)
- State government – incarceration costs:
- Estimated increase: $1,007,500 over three fiscal years (state facilities)
- Local government – incarceration costs:
- Estimated recurring increase offset by potential savings from reduced local jail time: $78,600 (first year) and ongoing in later years
- Specifics:
- For injuries: Based on an average of ~78.23 annual convictions in the last five years, with average Class E felony time served ~0.54 years.
- For deaths: Based on an average of ~2 convictions per year, with average time served for Class E ~0.37 years and Class D ~0.90 years; the bill would add about 0.53 years of incarceration per affected death-conviction case.
- Incarceration cost per inmate-day assumed: state facilities $67.31; local facilities $67.00 (approximate, based on notes).
- Net local impact: Recurring reduction in local expenditures estimated at about $78,621 in FY26-27 and subsequent years, due to shorter jail stays or other variables; however, overall statewide costs dominate.
Procedural/Timeline Aspects
- Legislative history:
- Introduced in 2026; referred through committees (Judiciary, then Finance, Ways & Means).
- Passed committee recommendations in early 2026 and moved through Senate processes.
- Committee actions listed show scheduling in Senate Judiciary and Senate Finance, Ways & Means, with final fiscal notes prepared to accompany passage.
Who Is Affected
- Individuals convicted of leaving the scene of an accident resulting in injury or death.
- Law enforcement and judicial systems (increased prosecutorial filings, longer potential incarcerations).
- State and local correctional facilities (housing increased inmates).
- Local governments (potential changes in jail-time costs, though notes suggest minor net impact in some years).
Plain-language takeaway
- If you leave the scene of an accident in Tennessee and someone is injured, the penalty rises from a misdemeanor to a felony (Class E).
- If you leave the scene and death results (and you knew or should have known), the penalty rises from a Class E felony to a Class D felony.
- The changes are intended to strengthen accountability for hit-and-run incidents, with broader fiscal implications for state and local correctional budgeting beginning in FY26-27.
