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HB0751 • 2026

Criminal Offenses

AN ACT to amend Tennessee Code Annotated, Title 37; Title 39 and Title 40, relative to criminal offenses.

Children Crime
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Faison, Briggs
Last action
2025-05-27
Official status
Effective date(s) 07/01/2025
Effective date
Not listed

Plain English Breakdown

The official summary and bill text do not specify the exact circumstances under which an adult's act constitutes 'exposure' beyond unlawful possession in front of the child.

Law to Protect Children from Fentanyl and Related Drugs

This law makes it a crime for adults to expose children under eight years old or any child over eight to fentanyl and similar drugs in ways that could harm the child, with different punishments based on the child's age.

What This Bill Does

  • Creates a new felony offense if an adult knowingly exposes a child to fentanyl or related drugs by unlawful possession of these substances in front of the child.
  • Sets penalties for this crime: a Class E felony (less severe) if the child is over eight years old, and a Class B felony (more severe) if the child is eight years old or younger.

Who It Names or Affects

  • Adults who unlawfully possess fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or similar drugs in front of children.
  • Children under eight years old and those over eight who are exposed to these substances.

Terms To Know

Class E felony
A type of serious crime that has a less severe punishment compared to other felonies.
Class B felony
A more serious type of crime than a Class E felony, with harsher punishments.

Limits and Unknowns

  • The law only applies when the child is exposed to specific drugs and their effects are found in the child's body.
  • It does not cover other dangerous situations or exposures that do not involve these specific substances.

Amendments

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

Amendment 1-0 to HB0751

Plain English: The amendment changes Tennessee law to make it a felony for someone to possess certain dangerous drugs near children under eight years old and imposes stricter penalties if a child is harmed as a result.

  • Changes existing language in the criminal code by adding new provisions that classify knowingly possessing specific opioids around children under eight as a Class B felony, with lesser penalties for older children.
  • Specifies that engaging in conduct placing any child in imminent danger due to drug possession results in a Class E felony.
  • The exact implications of the amendment on current legal practices and enforcement are not detailed in this text.
Amendment 1-0 to SB1415

Plain English: The amendment changes Tennessee law to make it a felony for someone to expose a child under eight years old to certain dangerous drugs like fentanyl and its derivatives.

  • Adds new subdivision (d)(2) to Section 39-15-401 of the Tennessee Code Annotated, which makes it a Class E felony to knowingly place a child in imminent danger through harmful conduct. If the child is eight years old or younger and exposed to specific opioids like fentanyl, this becomes a more severe Class B felony.
  • Defines when someone engages in conduct that places a child under eight years old at risk of serious harm due to exposure to dangerous drugs, based on evidence found in the child's body.
  • The amendment text does not specify all potential consequences or penalties beyond classifying the offense as a felony.
  • It is unclear how this change will be enforced and what resources will be allocated for its implementation.

Bill History

  1. 2025-05-27 Tennessee General Assembly

    Effective date(s) 07/01/2025

  2. 2025-05-27 Tennessee General Assembly

    Pub. Ch. 499

  3. 2025-05-27 Tennessee General Assembly

    Comp. became Pub. Ch. 499

  4. 2025-05-21 Tennessee General Assembly

    Signed by Governor.

  5. 2025-05-09 Tennessee General Assembly

    Transmitted to Governor for his action.

  6. 2025-05-08 Tennessee General Assembly

    Signed by Senate Speaker

  7. 2025-04-30 Tennessee General Assembly

    Signed by H. Speaker

  8. 2025-04-23 Tennessee General Assembly

    Enrolled; ready for sig. of H. Speaker.

  9. 2025-04-21 Tennessee General Assembly

    H. concurred in S. am. no. 1 Ayes 86, Nays 1 PNV 6 HB0751

  10. 2025-04-16 Tennessee General Assembly

    H. Placed on Message Calendar 4/17/2025

  11. 2025-04-16 Tennessee General Assembly

    Passed Senate as amended, Ayes 30, Nays 0, PNV 1

  12. 2025-04-16 Tennessee General Assembly

    Senate adopted Amendment (Amendment 1 - SA0355)

  13. 2025-04-16 Tennessee General Assembly

    Senate substituted House Bill for companion Senate Bill.

  14. 2025-04-16 Tennessee General Assembly

    Sponsor(s) Added.

  15. 2025-04-16 Tennessee General Assembly

    Companion House Bill substituted

  16. 2025-04-14 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/16/2025

  17. 2025-04-01 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 0 PNV 1

  18. 2025-03-31 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 4/1/2025

  19. 2025-03-31 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 4/1/2025

  20. 2025-03-26 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/31/2025

  21. 2025-03-20 Tennessee General Assembly

    Received from House, Passed on First Consideration

  22. 2025-03-18 Tennessee General Assembly

    Engrossed; ready for transmission to Sen.

  23. 2025-03-17 Tennessee General Assembly

    Passed H., as am., Ayes 89, Nays 3, PNV 2

  24. 2025-03-17 Tennessee General Assembly

    Sponsor(s) Added.

  25. 2025-03-17 Tennessee General Assembly

    H. adopted am. (Amendment 1 - HA0070)

  26. 2025-03-13 Tennessee General Assembly

    H. Placed on Regular Calendar for 3/17/2025

  27. 2025-03-12 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 3/13/2025

  28. 2025-03-12 Tennessee General Assembly

    Sponsor(s) Added.

  29. 2025-03-12 Tennessee General Assembly

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

  30. 2025-03-05 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/12/2025

  31. 2025-03-05 Tennessee General Assembly

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

  32. 2025-02-26 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 3/5/2025

  33. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  34. 2025-02-10 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  35. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  36. 2025-02-06 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  37. 2025-02-06 Tennessee General Assembly

    Filed for introduction

  38. 2025-02-05 Tennessee General Assembly

    Intro., P1C.

  39. 2025-02-03 Tennessee General Assembly

    Filed for introduction

Official Summary Text

This bill generally
provides that a person who knowingly, by act or omission, engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment commits a Class E felony, punishable by a sentence of imprisonment not less than

one year nor more than six years and a potential fine not to exceed $3,000. However, if the abused child is eight or less, then the penalty is a Class B felony, punishable by a sentence of imprisonment not less than eight years nor more than 30 years and

a potential fine not to exceed $25,000. For purposes of this bill, a person engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if the person unlawfully possesses any amount of fentanyl, car
f
entanil, remifentanil, alfentanil, or thiafentanil in the presence of the child.

ON MARCH 17, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 751, AS AMENDED.

AMENDMENT #1 adds that a person also engages in conduct that places a child in imm
inent danger of death, bodily injury, or physical or mental impairment if the person unlawfully possesses any amount of a fentanyl derivative or analogue in the presence of the child.

ON APRIL 16, 2025, THE SENATE SUBSTITUTED HOUSE BILL 751 FOR SENATE BI
LL 1415, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 751, AS AMENDED.

AMENDMENT #1 revises the provision describing, for purposes of the bill, when a person engages in
conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment
to, instead, provide that a person engages in such conduct if the
person unlawfully exposes the child to fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or a fentanyl derivative or analogue, and an analysis of a specimen of the child's blood, hair, fingernail, urine, or other bodily substance indicates the presence of fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or a fentanyl derivative or analogue in the child's body.

Current Bill Text

Read the full stored bill text
SENATE BILL 1415
By Briggs

HOUSE BILL 751
By Faison

HB0751
001465
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 37;
Title 39 and Title 40, relative to criminal offenses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-15-401(d)(2), is amended by
deleting "subsection (d)" and substituting "subdivision (d)(1)".
SECTION 2. Tennessee Code Annotated, Section 39-15-401(d), is amended by
designating the current language as subdivision (d)(1) and adding the following as a new
subdivision (d)(2):
(2)
(A) A person who knowingly, by act or omission, engages in conduct that
places a child in imminent danger of death, bodily injury, or physical or mental
impairment commits a Class E felony; except that if the abused child is eight (8)
years of age or less, then the penalty is a Class B felony.
(B) For purposes of this subdivision (d)(2), a person engages in conduct
that places a child in imminent danger of death, bodily injury, or physical or
mental impairment if the person unlawfully possesses any amount of fentanyl,
carfentanil, remifentanil, alfentanil, or thiafentanil in the presence of the child.
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.