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HB0034 • 2026

Juvenile Offenders

AN ACT to amend Tennessee Code Annotated, Title 37 and Title 40, relative to juvenile records.

Children Crime Education Firearms
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Gillespie, Taylor
Last action
2025-05-15
Official status
Comp. became Pub. Ch. 414
Effective date
Not listed

Plain English Breakdown

The official summary does not specify the exact impact on local incarceration costs, leaving this as an uncertain factor.

Juvenile Offender Records Act

This act permits courts to use juvenile court records in pretrial reports for setting bonds and requires magistrates to consider prior juvenile records when determining bail.

What This Bill Does

  • Allows the use of juvenile court dispositions and evidence in pretrial reports used to set bond amounts, but only if the adjudication occurred within the last five years.
  • Requires magistrates to consider a defendant's prior juvenile record when setting bail to ensure public safety and the defendant’s appearance at trial.

Who It Names or Affects

  • Juvenile offenders whose records may be used in criminal proceedings.
  • Courts that handle pretrial bond settings and bail determinations.

Terms To Know

juvenile record
The history of a person's involvement with the juvenile justice system, including court dispositions and evidence from hearings.
pretrial report
A document prepared before trial that includes information about the defendant to help set bond amounts.

Limits and Unknowns

  • The act applies only if juvenile court adjudications occurred within five years of setting bonds.
  • The exact impact on local incarceration costs is uncertain due to various factors.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB0034

Plain English: This amendment changes how juvenile court records can be used in other legal proceedings and makes certain types of records publicly available under specific conditions.

  • Juvenile court records cannot generally be used against someone in adult courts, except for setting bonds within five years of a juvenile adjudication, preparing presentence reports after felony convictions, certain firearm violation prosecutions, and specific school-related homicide cases.
  • Court officials can use juvenile records to set bonds and prepare presentence reports under limited circumstances.
  • Juvenile court records may be considered when assessing the risk a defendant poses to the community in setting bail.
  • The amendment text does not specify all details about how these changes will be implemented or enforced, which could lead to some uncertainty.
Amendment 2-0 to HB0034

Plain English: The amendment changes how juvenile court records can be used in certain adult criminal cases.

  • Juvenile court records can now be used for setting bonds and preparing presentence reports if the juvenile case happened within five years before an adult felony conviction.
  • Courts and probation officials are allowed to use juvenile records for pretrial bond settings and presentencing reports in specific circumstances.
  • The amendment text does not specify all details about how these changes will be implemented or enforced.
Amendment 1-0 to SB0221

Plain English: This amendment changes how juvenile court records can be used in other legal proceedings.

  • Juvenile court records cannot generally be used against someone in adult courts or after they turn 18, except for specific situations like setting bonds and presentence reports.
  • The amendment specifies that juvenile records can now be considered when determining bond amounts if the case happened within five years and during certain criminal proceedings involving felonies.
  • The exact impact of these changes on how courts handle juvenile records is not fully explained in the provided text.

Bill History

  1. 2025-05-15 Tennessee General Assembly

    Comp. became Pub. Ch. 414

  2. 2025-05-15 Tennessee General Assembly

    Effective date(s) 05/09/2025

  3. 2025-05-15 Tennessee General Assembly

    Pub. Ch. 414

  4. 2025-05-09 Tennessee General Assembly

    Signed by Governor.

  5. 2025-05-01 Tennessee General Assembly

    Transmitted to Governor for action.

  6. 2025-04-30 Tennessee General Assembly

    Signed by H. Speaker

  7. 2025-04-29 Tennessee General Assembly

    Signed by Senate Speaker

  8. 2025-04-28 Tennessee General Assembly

    Enrolled and ready for signatures

  9. 2025-04-22 Tennessee General Assembly

    Sponsor(s) Added.

  10. 2025-04-22 Tennessee General Assembly

    Comp. SB subst.

  11. 2025-04-22 Tennessee General Assembly

    Concurred, Ayes 27, Nays 5 (Amendment 2 - HA0509)

  12. 2025-04-22 Tennessee General Assembly

    Placed on Senate Message Calendar 3 for 4/22/2025

  13. 2025-04-22 Tennessee General Assembly

    Passed H., as am., Ayes 73, Nays 22, PNV 0

  14. 2025-04-22 Tennessee General Assembly

    H. adopted am. (Amendment 2 - HA0509)

  15. 2025-04-22 Tennessee General Assembly

    Am. withdrawn. (Amendment 1 - HA0040)

  16. 2025-04-22 Tennessee General Assembly

    Subst. for comp. HB.

  17. 2025-04-17 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/21/2025

  18. 2025-04-17 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/17/2025

  19. 2025-04-17 Tennessee General Assembly

    Rec. for pass. if am., ref. to Calendar & Rules Committee

  20. 2025-04-17 Tennessee General Assembly

    Sponsor(s) Added.

  21. 2025-04-17 Tennessee General Assembly

    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee

  22. 2025-04-16 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/17/2025

  23. 2025-04-15 Tennessee General Assembly

    Sponsor(s) Added.

  24. 2025-04-09 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/14/2025

  25. 2025-03-12 Tennessee General Assembly

    Placed behind the budget

  26. 2025-03-06 Tennessee General Assembly

    Rcvd. from S., held on H. desk.

  27. 2025-03-05 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 3/12/2025

  28. 2025-03-05 Tennessee General Assembly

    Assigned to s/c Finance, Ways, and Means Subcommittee

  29. 2025-03-05 Tennessee General Assembly

    Rec. for pass. if am., ref. to Finance, Ways, and Means Committee

  30. 2025-03-03 Tennessee General Assembly

    Sponsor(s) Added.

  31. 2025-03-03 Tennessee General Assembly

    Engrossed; ready for transmission to House

  32. 2025-03-03 Tennessee General Assembly

    Passed Senate as amended, Ayes 25, Nays 5

  33. 2025-03-03 Tennessee General Assembly

    Senate adopted Amendment (Amendment 1 - SA0008)

  34. 2025-02-27 Tennessee General Assembly

    Placed on Senate Regular Calendar for 3/3/2025

  35. 2025-02-26 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/5/2025

  36. 2025-02-26 Tennessee General Assembly

    Rec for pass if am by s/c ref. to Judiciary Committee

  37. 2025-02-19 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 2/26/2025

  38. 2025-02-19 Tennessee General Assembly

    Meeting Canceled

  39. 2025-02-18 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 6, Nays 2 PNV 0

  40. 2025-02-12 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 2/19/2025

  41. 2025-02-12 Tennessee General Assembly

    Action Def. in s/c Criminal Justice Subcommittee to 2/19/2025

  42. 2025-02-11 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 2/18/2025

  43. 2025-02-10 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  44. 2025-02-05 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 2/12/2025

  45. 2025-01-28 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  46. 2025-01-27 Tennessee General Assembly

    Introduced, Passed on First Consideration

  47. 2025-01-16 Tennessee General Assembly

    Ref. to Judiciary Committee

  48. 2025-01-16 Tennessee General Assembly

    Filed for introduction

  49. 2025-01-15 Tennessee General Assembly

    P2C held on desk, pending appointment of Standing Committees

  50. 2025-01-14 Tennessee General Assembly

    Intro., P1C.

  51. 2024-12-11 Tennessee General Assembly

    Filed for introduction

Official Summary Text

ORDER OF ADJUDICATION

Under present law, the disposition of a child and evidence identified in a hearing in juvenile court may not be used against the child in any proceedi
ng in any court other than juvenile court, whether before or after reaching majority, except in (i) dispositional proceedings after conviction of a felony for the purposes of a pre-sentence investigation and report, (ii) a proceeding pursuant to the suspe
n
sion or revocation of license, or (iii) in a criminal prosecution for a violation relative to restrictions on possessing and purchasing firearms following adjudication. This bill adds that such disposition and evidence may also be used in pretrial report
s
used to set bonds.

CONFIDENTIALITY

Under present law, except in cases arising under juvenile traffic offenders, all files and records of the court in a proceeding relative to certain violent offenders are open to inspection by a court, its probation, o
ther officials or professional staff, and the attorney for the defendant for use in preparing a presentence report in a criminal case in which the defendant is convicted and who was a prior party to the proceeding in juvenile court. This bill adds such f
i
les and records are also open to such persons for the purpose of setting bonds.

BAIL FACTORS

Under present law, in determining the amount of bail necessary to reasonably assure the appearance of the defendant, while at the same time protecting the safet
y of the public, the magistrate must consider the defendant's prior criminal record and the likelihood that the defendant will pose a risk of danger to the community. This bill adds that the magistrate must also consider the defendant's prior juvenile re
c
ord.

ON MARCH 3, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 221, AS AMENDED.

AMENDMENT #1 makes the following revisions:



Provides that the exception for pretrial reports used to set bonds is only allowed if the juvenile court adjudication occurred within the previous five years.



Clarifies that the provision requiring a magistrate to consider the defendant's prior juvenile record when determining the amount of bail necessary to reasonably assure the appearance of the defendant, while at the same time protecting the safety of the public, "juvenile record" means the juvenile court record.

ON APRIL 22, 2025, THE HOUSE SUBSTITUTED SENATE BILL 221 FOR HOUSE BILL 34, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 221, AS AMENDED.

AMENDMENT #2 makes the same changes as Senate Amendment #1.

Current Bill Text

Read the full stored bill text 
SENATE BILL 221
By Taylor

HOUSE BILL 34
By Gillespie

HB0034
000529
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 37
and Title 40, relative to juvenile records.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 37-1-133, is amended by deleting
subsection (b) and substituting:
(b) The disposition of a child and evidence adduced in a hearing in juvenile court
must not be used against such child in any proceeding in any court other than a juvenile
court, whether before or after reaching majority, except in:
(1) Pretrial reports used to set bonds;
(2) Dispositional proceedings after conviction of a felony for the purposes
of a presentence investigation and report;
(3) A proceeding pursuant to § 39-17-1352; or
(4) A criminal prosecution for a violation of the prohibition on purchasing
or possessing firearms imposed under § 37-1-190.
SECTION 2. Tennessee Code Annotated, Section 37-1-153, is amended by deleting
subdivision (a)(4) and substituting:
(4) A court and its probation and other officials or professional staff and the
attorney for the defendant for use in pretrial reports used to set bonds and preparing a
presentence report in a criminal case in which the defendant is convicted and who prior
thereto had been a party to the proceeding in juvenile court;
SECTION 3. Tennessee Code Annotated, Section 40-11-118, is amended by deleting
subdivision (b)(7) and substituting:

- 2 - 000529

(7) The defendant's prior juvenile record and prior criminal record and the
likelihood that because of the records the defendant will pose a risk of danger to the
community;
SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.