Criminal Offenses

Plain English Breakdown

The bill summary does not provide specific details on funding or budgetary impacts.

Comprehensive Assault Crime Intervention Act

This bill changes Tennessee's laws to require judges to order counseling and intervention programs for people convicted of assault or stalking.

What This Bill Does

• Requires sentencing judges to direct defendants to complete a certified batterer's intervention program that addresses violence and control issues as part of their alternative sentencing for domestic assault.
• Sets minimum standards for batterer's intervention programs, including meeting times and participant-to-counselor ratios.
• Adds requirements for sentencing judges to order individual counseling programs for those convicted of stalking or assault.
• Expands the requirement for court personnel education on domestic violence and assault to include at least 12 hours per year.

Who It Names or Affects

• People who are sentenced for assault, stalking, or other violent crimes in Tennessee.
• Judges and court staff involved in sentencing and handling cases of domestic violence.

Terms To Know

Batterer's Intervention Program

A counseling program designed to help individuals who have been abusive towards their partners or family members understand and change their violent behavior.

Certified Program

An intervention program that meets specific standards set by the state coordinating council for batterers' intervention programs.

Limits and Unknowns

• The bill does not specify how it will be funded or if there are any budgetary impacts.
• It is unclear what additional resources may be needed to implement these changes in court systems and counseling services.

Official Summary Text

This bill enacts the "Comprehensive Assault Crime Intervention Act," as described below.

Present law provides that as part of
a defendant's alternative sentencing for a violation
of domestic assault
, the sentencing judge may direct the defendant to complete
an
available counseling program that address
es
violence and control issues
,
including, but not limited to, a batterer's inte
rvention program that has been certified by the domestic violence state coordinating council.

Completion of a noncertified batterer's intervention program
must
only be ordered if
a
certified program is
not
available in the sentencing county.

A
batterer's
intervention program, certified or noncertified,
must

not
be deemed complete until the full term of the program is complete, and a judge m
ust
not require a defendant to attend less than the full term of a program as part of a plea agreement or otherwise.

This bill revises these provisions in the following ways:



Requires, instead of authorizes, the sentencing judge to direct the defendant to complete an available counseling program.



Continues to authorize the sentencing judge to also direct the defendant to complete a drug or alcohol treatment program.



Requires a batterer's intervention program to meet requirements in regulations promulgated by the state coordinating council for b
atterers' intervention programs for perpetrators of domestic abuse
.

REGULA
TION OF INTERVENTION PROGRAMS

Present law requires the state coordinating council ("council") to promulgate regulations for batterers' intervention programs for perpetrators of domestic abuse and to certify compliance with the regulations.

This bill r
equires the council to
prescribe the term of the batterer's intervention programs to meet for a
minimum of
26 weeks and not more than 48 weeks. Each meeting must be at least
three
hours long. The ratio of participants to intervention counselors must be n
ot more than
six
participants to
one
counselor, with not more than

10 participants in each course.

STALKING

In addition to any other punishment that may be imposed for a violation of stalking, aggravated stalking, or especially aggravated stalking, this bill requires the sentencing judge to require
the defendant to attend an individual counseling program that ad
dresses violence and control issues, including a batterer's intervention program that has been certified by the domestic violence state coordinating council
.

ASSAULT

I
n addition to any other punishment that may be imposed for a violation of
assault,

this bill requires
the sentencing judge
to
require the defendant to attend an individual counseling program that addresses violence and control issues, including a batterer's intervention program that has been certified by the domestic violence state coord
inating council.

DESTRUCTION OR RELEASE OF RECORDS

Present law requires all public records of a person who has been charged with a misdemeanor or a felony to, upon petition by that person to the court having jurisdiction in the previous action, be remov
ed and destroyed when certain requirements are met. A person who was convicted of an assault committed prior to July, 1, 2000, is excluded from consideration. This bill revises this provision by applying such provision to all persons who are convicted o
f
an assault, instead of only those committed prior to July 1, 2000.

COURT POLICY AND EDUCATION ADMINISTRATION

Present law requires the a
dministrative office of the courts
to (i)
establish a policy regarding, and a continuing education curriculum concern
ing, domestic violence and
(ii)
provide continuing education on domestic violence to all judges and court personnel throughout the state who are likely to encounter situations of domestic violence.

This bill revises the above provision to, instead, req
uire both the
administrative office of the courts and the domestic violence state coordinating council
to

establish such policy and curriculum and provide such education
.
This bill also requires the continuing education to be for a period of at least 12 h
ours per year and to be in addition to the training required by
Abrial's Law, the Keeping Children Safe from Family Violence Act.

Current Bill Text

SENATE BILL 673
By Taylor

HOUSE BILL 661
By White

HB0661
001952
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 38;
Title 39 and Title 40, relative to the
Comprehensive Assault Crime Intervention Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Comprehensive Assault Crime
Intervention Act."
SECTION 2. Tennessee Code Annotated, Section 39-13-111(d), is amended by
deleting the subsection and substituting:
(d) As part of a defendant's alternative sentencing for a violation of this section:
(1) The sentencing judge shall direct the defendant to complete an
available counseling program that addresses violence and control issues
including, but not limited to, a batterer's intervention program that meets the
requirements in § 38-12-110 and has been certified by the domestic violence
state coordinating council. A batterer's intervention program, certified or
noncertified, is not deemed complete until the full term of the program is
completed, and a judge shall not authorize a defendant to attend less than the
full term of a program as part of a plea agreement or otherwise. The defendant's
knowing failure to complete such an intervention program is considered a
violation of the defendant's alternative sentence program and the sentencing
judge may revoke the defendant's participation in such program and order
execution of sentence; and
(2) The sentencing judge may direct the defendant to complete a drug or
alcohol treatment program.

- 2 - 001952

SECTION 3. Tennessee Code Annotated, Section 40-32-101, is amended by deleting
subdivision (g)(1)(B)(i) and substituting:
(i) Section 39-13-101(a)(1) and (2) — Assault;
SECTION 4. Tennessee Code Annotated, Section 38-12-110, is amended by adding
the following new subsection:
(d) The council shall prescribe the term of the batterer's intervention programs to
meet for a minimum of twenty-six (26) weeks and not more than forty eight (48) weeks.
Each meeting must be at least three (3) hours long. The ratio of participants to
intervention counselors must be not more than six (6) participants to one (1) counselor,
with not more than ten (10) participants in each course.
SECTION 5. Tennessee Code Annotated, Section 39-17-315, is amended by adding
the following new subsection:
(n) In addition to any other punishment that may be imposed for a violation of
this section, the sentencing judge shall require the defendant to attend an individual
counseling program that addresses violence and control issues, including a batterer's
intervention program that has been certified by the domestic violence state coordinating
council, pursuant to § 38-12-110.
SECTION 6. Tennessee Code Annotated, Section 39-13-101, is amended by adding
the following new subsection:
(d) In addition to any other punishment that may be imposed for a violation of
this section, the sentencing judge shall require the defendant to attend an individual
counseling program that addresses violence and control issues, including a batterer's
intervention program that has been certified by the domestic violence state coordinating
council, pursuant to § 38-12-110.

- 3 - 001952

SECTION 7. Tennessee Code Annotated, Section 38-12-109, is amended by deleting
subsection (a) and substituting:
The administrative office of the courts and the domestic violence state
coordinating council shall establish a policy regarding, and a continuing education
curriculum concerning, domestic violence and assault and shall provide continuing
education on domestic violence and assault to all judges and court personnel throughout
the state who are likely to encounter situations of domestic violence and assault. The
administrative office of the courts may adopt the policy and training curriculum
developed by the domestic violence state coordinating council, and may revise the policy
and training curriculum at its discretion. The continuing education must be for a period
of at least twelve (12) hours per year and is in addition to the training required by § 36-6-
702.
SECTION 8. This act takes effect July 1, 2025, the public welfare requiring it.