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HB 2354

Sentencing - As introduced, makes the offense of sexual battery by an authority figure ineligible for probation. - Amends TCA Title 39 and Title 40.

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

HB 2354 eliminates probation eligibility for sexual battery convictions involving authority figures, requiring prison sentences in Tennessee.

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 2354

Legislative bill overview

HB 2354 removes probation eligibility for individuals convicted of sexual battery committed by an authority figure in Tennessee. The bill modifies state criminal code (TCA Title 39) and sentencing guidelines (TCA Title 40) to mandate that such offenders serve prison sentences rather than receive community supervision.

Why is this important

Sexual battery by authority figures—such as law enforcement, educators, or correctional staff—involves a breach of institutional trust and power dynamics. This bill reflects a legislative judgment that such crimes warrant incarceration as the presumptive sentence rather than allowing judges discretion to impose probation.

Potential points of contention

  • Judicial discretion vs. mandatory minimums: Removing probation eligibility eliminates judges' ability to consider individual case circumstances, mitigating factors, or defendants' backgrounds when determining sentences
  • Definition scope: The bill's effectiveness depends on how "authority figure" is legally defined—ambiguous definitions could create inconsistent application or unintended consequences
  • Prison capacity and costs: Eliminating probation options increases incarceration rates, which has implications for state corrections budgets and facility overcrowding
  • Victim considerations: Some victims may prefer restitution or other remedies that probation sentences can facilitate; mandatory prison sentences may limit these options

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

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