Sexual Offenses

Plain English Breakdown

The bill summary text is truncated at several points, which may affect completeness of information.

Tennessee Sexual Violence Justice Act

This act requires annual sensitivity training for law enforcement investigating sexual assault, mandates timely testing of forensic evidence kits by TBI, and extends the time victims have to claim compensation.

What This Bill Does

• Requires all law enforcement personnel involved in investigating sexual assault crimes to complete a minimum of 16 hours annually of sensitivity training provided by the Tennessee Peace Officer Standards and Training (POST) commission related to interacting with victims of sexual violence.
• Establishes a curriculum for the training that must be developed by the POST commission, emphasizing trauma-informed and victim-centered approaches.
• Requires the TBI to test all previously untested forensic evidence kits related to sexual assaults submitted prior to July 1, 2025, by January 1, 2026, and ensures each new kit is tested within 90 days of receipt from law enforcement agencies.
• Extends the time victims have to claim compensation for certain crimes involving minors or specific sexual offenses from two years to twelve years after mental or physical manifestation or injury is diagnosed.

Who It Names or Affects

• Law enforcement personnel involved in investigating sexual assault cases
• Victims of sexual assaults and their families
• The Tennessee Bureau of Investigation (TBI)

Terms To Know

Trauma-informed approach

A way of interacting with victims that is sensitive to the impact of trauma, emphasizing safety and empowerment.

Victim-centered approach

An approach prioritizing the rights, needs, and desires of the victim when investigating crimes and collecting evidence.

Limits and Unknowns

• The exact financial impact on local law enforcement agencies due to longer storage requirements for forensic kits is uncertain.
• The precise extent and timing of any revenue increase or expenditure offset related to training provided by the POST commission cannot be determined with certainty.

Official Summary Text

This bill requires all law enforcement personnel involved in investigating sexual assault crimes to complete a minimum of 16 hours annually of sensitivity training provided by the Tennessee peace officer standards and training (POST) commission ("commissi
o
n") related to interacting with victims of sexual violence. The curriculum for the training required must be developed by the POST commission in coordination with
stakeholders
and emphasize trauma-informed, victim-centered approaches. After the sensitivi
ty training is completed, this bill requires that a participant be assessed in a mock situation ensuring the training was comprehended and applied. This bill requires that law enforcement personnel complete training within 120 days of starting in a sexua
l
assault investigation role.

Every three years, this bill requires the POST commission to present
in-service training in seven subjects related to sexual assault response and report writing requirements
. The training
must also b
e presented as part of th
e training for initial
POST
certification.

In order to provide the training, this bill requires an instructor to have successfully completed training on evidence-based, trauma-informed, victim-centered responses to cases of sexual assault and to have exp
erience responding to sexual assault cases.

RULEMAKING

This bill authorizes the POST commission to promulgate rules to effectuate this bill. The rules must include
curriculum standards for the training required by this bill.

FORENSIC MEDICAL EXAMINATI
ON OF VICTIMS OF SEXUALLY ORIENTED CRIMES

Present law requires a law enforcement agency to submit a sexual assault evidence collection kit ("kit") with the victim's name affixed to it to the TBI or a similar qualified laboratory for serology or DNA testi
ng within 30 days of taking possession of the kit. This bill requires that the TBI test all previously untested kits that were submitted prior to July 1, 202
5
, by January 1, 202
6
, and prioritize kits that are related to ongoing investigations. Effective
July 1, 202
5
, this bill requires the TBI to test each kit within 90 days of receipt from a law enforcement agency.

This bill further requires the TBI to prepare an annual report on the average number of days required for testing a kit over the prior cale
ndar year, the number of untested kits that will not be tested within the required period of time, and recommendations for how best to meet the requirements of testing the kit within the timeframes established by these provisions. The report must be subm
i
tted by February 1 of each year to the governor and the chairs of the judiciary committee of the senate and committee of the house of representatives
with jurisdiction over criminal justice-related matters
and posted on the TBI's website.

GENERATING DNA P
ROFILES FOR DATABASES

In testing sexual assault evidence collection kits, this bill requires the TBI to develop autosomal DNA profiles that are eligible for entry into the combined DNA index system (CODIS) and other relevant state or local DNA databases.
With the goal of generating a CODIS-eligible DNA profile, if the TBI is unable to obtain an autosomal CODIS-eligible DNA profile, then the TBI should evaluate the case to determine if any other DNA-typing results could be used for investigative purposes.

In cases where testing
results
in a DNA profile, this bill requires the laboratory to enter the full profile into the CODIS database and other relevant state or local DNA databases. The average completion rate for this analysis and classification must
not exceed 90 days. If the TBI crime laboratories are unable to meet the deadline, then this bill requires the TBI to outsource the kits for testing to an accredited private crime laboratory.

LENGTH OF TIME TBI MUST KEEP KITS AS EVIDENCE

Under present
law, if an adult victim chooses not to report the alleged offense to police at the time of forensic medical examination, then the kit is assigned a number to identify the kit, rather than the victim's name. Upon receiving such a kit, a law enforcement ag
e
ncy must store the kit for a minimum of 10 years or until the victim files a police report, whichever occurs first. This bill requires the law enforcement agency to store the kit for a minimum of 25 years

or until the victim files a police report, whichev
er occurs first.

TIME LIMIT FOR CLAIMING VICTIM COMPENSATION

Under present law, to be entitled to compensation, a claimant must file the claim within two years after the occurrence upon which the crime is based, two years after the death of the victim,
or two years after any mental or physical manifestation or injury is diagnosed as a result of an act committed against a minor that would constitute one of the following criminal offenses under state law: aggravated rape, rape, aggravated sexual battery,
s
exual battery, rape of a child, incest, distribution to or employment of minors in producing obscene materials, sexual exploitation of a minor, aggravated sexual exploitation of a minor, and especially aggravated exploitation of minor; or an attempt, cons
p
iracy, or solicitation to commit such an offense.

This bill allows the victims of the crimes described above, as well as the following crimes, 12 years to claim compensation after mental or physical manifestation or injury is diagnosed: statutory rape, s
exual contact with a minor, continuous sexual abuse of a child, sexual battery by an authority figure, especially aggravated rape, and especially aggravated rape of a child.

Another requirement under present law for a victim to be entitled to compensatio
n is that the victim fully cooperate with the police and district attorney general in the investigation and prosecution of the offender except in cases of human trafficking, where it is determined that the victim's cooperation may be impacted due to the v
i
ctim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's well-being.

This bill
adds that
the victim's cooperation
is not a required element in a
case
seeking
compensation where the
offense
is one of the following
: aggravated rape, rape, aggravated sexual battery, sexual battery, statutory rape, sexual contact with a minor, continuous sexual abuse of a child, sexual battery by an authority figure, rape of a chi
ld, incest, distribution to or employment of minors in producing obscene materials, especially aggravated rape, especially aggravated rape of a child, sexual exploitation of a minor, aggravated sexual exploitation of a minor, especially aggravated exploit
a
tion of a minor, and stalking; or an attempt, conspiracy, or solicitation to commit such an offense.

Another requirement under present law for a victim to be entitled to compensation is that the victim or a member of the victim's family must report the offense to the proper law enforcement authorities within 48 hours after the occurrence of the crime, un
l
ess good cause is shown justifying the delay. Good cause for the failure of a victim or a member of the victim's family to report a crime may be found if the victim is: (i) physically unable; (ii) a victim of sexual assault; (iii) a victim of domestic ab
u
se; or (iv) a victim of human trafficking.

This bill
adds that
the victim
or victim's family reporting the offense is not a required element in a
case
seeking compensation where the
offense
is one of the following
: aggravated rape, rape, aggravated sexua
l battery, sexual battery, statutory rape, sexual contact with a minor, continuous sexual abuse of a child, sexual battery by an authority figure, rape of a child, incest, distribution to or employment of minors in producing obscene materials, especially
a
ggravated rape, especially aggravated rape of a child, sexual exploitation of a minor, aggravated sexual exploitation of a minor, especially aggravated exploitation of minor, and stalking.

BURDEN OF PROOF AND DOCUMENTATION

In cases
for victim's compensa
tion involving the offense
of domestic violence, sexual offense, human trafficking, or stalking, this bill authorizes the claimant to prove the facts of the case using any court documents and forms of reporting, including an application for an order of pro
tection, kit documentation, verification of participation in the home address confidentiality program, or documentation that the offense was reported to a licensed medical provider, licensed mental health provider, tribal health provider, or law enforceme
n
t agency within 180 days.

This bill prohibits subjecting the claimant to invasive questioning; the claimant may only be interrogated for information strictly necessary to verify eligibility.

Upon a showing that a delay in filing a claim under this bill
occurred because of a delay in the testing of, or a delay in the DNA profile matching from, a kit or biological material collected as evidence related to a sexual offense, a person who is eligible for compensation may receive a waiver of any claim filing

deadline.

SEXUAL ASSAULT RESPONSE TEAM (SART)

Under present law, each local law enforcement agency must begin collaboration between existing law enforcement agency resources and available community resources as a SART, which will assist in identifying
gaps in service and improving response systems for sexual assault involving adult victims that occur within the agency's jurisdiction.

This bill
specifies
that a SART has oversight authority over local law enforcement agency handling of sexual assault cr
imes and power to conduct audits and reviews of sexual assault crime investigations. Each SART must submit an annual report to the general assembly on the law enforcement agency's progress in implementing this bill.

FUNDING

This bill authorizes
taxpaye
r
s

to
voluntarily allocate
their tax
refund
s

t
oward funding the law enforcement training and expedited forensic testing of sexual assault evidence collection kits required by
this bill. This bill requires th
e department of revenue
to
provide a space on ea
ch tax return for the taxpayer to indicate such allocation.

This bill requires that a
ny funds allocated to the
POST
commission that remain unexpended at the end of a fiscal year
b
e carried forward into the subsequent fiscal year, with
5
0% of the remainde
r to be expended to fund sensitivity training related to interacting with victims of sexual violence, as required by
this bill.

Current Bill Text

SENATE BILL 906
By Lamar

HOUSE BILL 792
By Behn

HB0792
003037
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 29;
Title 38; Title 39; Title 40 and Title 67, relative to
criminal justice.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Tennessee Sexual Violence
Justice Act."
SECTION 2. Tennessee Code Annotated, Title 38, Chapter 1, is amended by adding
the following new part:
38-1-1001.
As used in this part:
(1) "Forensic medical examination" means the same as defined in § 39-
13-519;
(2) "Law enforcement personnel" means any law enforcement officer,
detective, investigator, crime scene technician, or other personnel involved in
investigating claims of sexual assault or processing evidence related to sexual
assault;
(3) "Sexual assault" means any nonconsensual sexual act prohibited
under title 39, including rape, incest, or statutory rape;
(4) "Trauma-informed approach" means a manner of interacting with
victims that is sensitive to the impact of trauma and emphasizes creating a sense
of safety and empowerment;
(5) "Victim" means the direct target of an alleged sexual assault;

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(6) "Victim advocate" means a professional working for a government
agency or nonprofit organization who provides support services, counseling, or
assistance to victims of sexual assault; and
(7) "Victim-centered approach" means an approach that prioritizes the
rights, needs, and desires of the victim when investigating crimes, collecting
evidence, and interacting with victims.
38-1-1002.
(a) All law enforcement personnel involved in investigating sexual assault crimes
must complete a minimum of sixteen (16) hours annually of sensitivity training provided
by the Tennessee peace officer standards and training (POST) commission related to
interacting with victims of sexual violence.
(b) The curriculum for the training required by subsection (a) must be developed
by the POST commission in coordination with sexual violence prevention organizations,
victim advocates, and healthcare providers who perform forensic medical examinations
and must emphasize trauma-informed, victim-centered approaches.
(c) After the sensitivity training is completed, a participant must be assessed in a
mock situation ensuring the training was comprehended and applied.
(d) Law enforcement personnel must complete training within one hundred
twenty (120) days of starting in a sexual assault investigation role.
(e) Every three (3) years, the POST commission must present, as part of the
required in-service training for POST-certified law enforcement officers, training on
sexual assault response and report writing requirements, including:
(1) Recognizing the symptoms of trauma;
(2) Understanding the role trauma has played in a victim's life;
(3) Responding to the needs and concerns of a victim;

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(4) Delivering services in a compassionate, sensitive, and nonjudgmental
manner;
(5) Interviewing techniques in accordance with the curriculum standards
in this subsection (e);
(6) Understanding cultural perceptions and common myths of sexual
assault and sexual abuse; and
(7) Report writing techniques in accordance with the curriculum
standards in this subsection (e).
(f) The training required by subsections (a) and (e) must also be presented as
part of the training for initial police officer standards and training certification.
(g) In order to provide the training required by subsections (a) and (e), an
instructor must have successfully completed training on evidence-based, trauma-
informed, victim-centered responses to cases of sexual assault and must have
experience responding to sexual assault cases.
(h) The POST commission is authorized to promulgate rules to effectuate this
section. The rules must be promulgated in accordance with the Uniform Administrative
Procedures Act, compiled in title 4, chapter 5. The rules must include the following:
(1) Evidence-based curriculum standards for report writing and
immediate response to sexual assault, including trauma-informed, victim-
centered interview techniques, which have been demonstrated to minimize
retraumatization, for all law enforcement officers; and
(2) Evidence-based curriculum standards for trauma-informed, victim-
centered investigation and interviewing techniques, which have been
demonstrated to minimize retraumatization, for cases of sexual assault and for all
law enforcement officers who conduct sexual assault investigations.

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SECTION 3. Tennessee Code Annotated, Section 39-13-519(d)(1), is amended by
redesignating the subdivision as subdivision (d)(1)(A) and adding the following new subdivision:
(B)
(i) By January 1, 2026, the TBI must test all previously untested sexual
assault evidence collection kits that were submitted prior to July 1, 2025,
prioritizing kits that are related to ongoing investigations.
(ii) Effective July 1, 2025, the TBI must test each sexual assault evidence
collection kit within ninety (90) days of receipt from a law enforcement agency.
(iii) The TBI must prepare an annual report on the average number of
days required for testing a sexual assault evidence collection kit over the prior
calendar year, the number of untested sexual assault evidence collection kits that
will not be tested within the required period of time, and recommendations for
how best to meet the requirements of this subdivision (d)(1)(B). The report must
be submitted by February 1 of each year to the governor and the chairs of the
judiciary committee of the senate and the committee having jurisdiction over
criminal justice-related matters of the house of representatives and posted on the
TBI's website.
SECTION 4. Tennessee Code Annotated, Section 39-13-519, is amended by adding
the following new subsection:
(1) In testing sexual assault evidence collection kits, the TBI must develop
autosomal DNA profiles that are eligible for entry into the combined DNA index system
(CODIS) and other relevant state or local DNA databases.
(2) With the goal of generating a CODIS-eligible DNA profile, if the TBI is unable
to obtain an autosomal CODIS-eligible DNA profile, then the TBI should evaluate the
case to determine if another DNA-typing result could be used for investigative purposes.

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(3) In cases where testing has resulted in a DNA profile, the laboratory must
enter the full profile into the CODIS database and other relevant state or local DNA
databases. The average completion rate for this analysis and classification must not
exceed ninety (90) days.
(4) If the TBI crime laboratories are unable to meet the deadline specified above,
then kits must be outsourced for testing to an accredited private crime laboratory.
SECTION 5. Tennessee Code Annotated, Section 39-13-519(d)(2), is amended by
deleting the language "ten (10) years" and substituting "twenty-five (25) years".
SECTION 6. Tennessee Code Annotated, Section 29-13-108(a), is amended by
deleting the first sentence of the subsection and substituting:
A claim for compensation must be filed not later than two (2) years after
the occurrence of the crime upon which the claim is based, two (2) years after
the death of the victim, or twelve (12) years after mental or physical manifestation
or injury is diagnosed as a result of an act that would constitute a criminal offense
under §§ 39-13-502 – 39-13-506, § 39-13-509, § 39-13-518, § 39-13-522, § 39-
13-527, § 39-13-534, § 39-13-535, § 39-15-302, § 39-17-902, or §§ 39-17-1003 –
39-17-1005, or an attempt, conspiracy, or solicitation to commit such offenses;
provided, that upon good cause shown, the time period for filing such claim may
be extended either before or after the expiration of the filing period.
SECTION 7. Tennessee Code Annotated, Section 29-13-103(a)(4), is amended by
deleting the subdivision and substituting:
(4) The claimant has fully cooperated with the police and the district attorney
general in the investigation and prosecution of the offender, except in cases involving:
(A) A victim of domestic violence, a sexual offense under §§ 39-13-502 –
39-13-506, § 39-13-509, § 39-13-518, § 39-13-522, § 39-13-527, § 39-13-534, §

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39-13-535, § 39-15-302, § 39-17-902, or §§ 39-17-1003 – 39-17-1005, a human
trafficking offense, as defined in § 39-13-314, or stalking under § 39-17-315; or
(B) A victim where it is determined that the victim's cooperation may be
or had been impacted due to the victim's age, physical condition, psychological
state, cultural or linguistic barriers, or another health or safety concern that
jeopardizes the victim's well-being, including a reasonable fear of retaliation or
harm that would jeopardize the well-being of the victim or the victim's family;
SECTION 8. Tennessee Code Annotated, Section 29-13-103(a)(7), is amended by
deleting the subdivision and substituting:
(7) The victim or a member of the victim's family reported the offense to the
proper law enforcement authorities within the time prescribed in § 29-13-108(a), except
in cases involving a victim of domestic violence, a sexual offense under §§ 39-13-502 –
39-13-506, § 39-13-509, § 39-13-518, § 39-13-522, § 39-13-527, § 39-13-534, § 39-13-
535, § 39-15-302, § 39-17-902, or §§ 39-17-1003 – 39-17-1005, a human trafficking
offense, as defined in § 39-13-314, or stalking under § 39-17-315.
SECTION 9. Tennessee Code Annotated, Section 29-13-103, is amended by adding
the following new subsection:
(c) In cases of domestic violence, sexual offenses, human trafficking, or stalking:
(1) The claimant may prove the facts required by subsection (a) using
any court documents and forms of reporting, including an application for an order
of protection, sexual assault evidence collection kit documentation, verification of
participation in the home address confidentiality program established under title
40, chapter 38, part 6, or documentation that the offense was reported to a
licensed medical provider, licensed mental health provider, tribal health provider,
or law enforcement agency within one hundred eighty (180) days;

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(2) The claimant shall not be subjected to invasive questioning and may
only be interrogated for information strictly necessary to verify eligibility; and
(3) Upon a showing that a delay in filing a claim under this part occurred
because of a delay in the testing of, or a delay in the DNA profile matching from,
a sexual assault evidence collection kit or biological material collected as
evidence related to a sexual offense, a person who is eligible for compensation
may receive a waiver of any claim filing deadline.
SECTION 10. Tennessee Code Annotated, Section 38-1-903, is amended by adding
the following new subsections:
(d) A SART has oversight authority over local law enforcement agency handling
of sexual assault crimes and power to conduct audits and reviews of sexual assault
crime investigations.
(e) Each SART must submit an annual report to the general assembly on the law
enforcement agency's progress in implementing Section 2 of this act.
SECTION 11. Tennessee Code Annotated, Title 67, Chapter 1, Part 1, is amended by
adding the following new section:
A taxpayer may voluntarily allocate any refund due to the taxpayer toward
funding the law enforcement training required by title 38, chapter 1, part 10 and
expedited forensic testing of sexual assault evidence collection kits required by § 39-13-
519(d)(1)(B), pursuant to the Tennessee Sexual Violence Justice Act. The department
of revenue shall provide a space on each tax return for the taxpayer to indicate such
allocation.
SECTION 12. Tennessee Code Annotated, Section 38-8-104, is amended by adding
the following new subsection:

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(h) Any funds allocated to the commission that remain unexpended at the end of
a fiscal year must not revert to the general fund, but must be carried forward into the
subsequent fiscal year, with fifty percent (50%) of the remainder to be expended to fund
sensitivity training related to interacting with victims of sexual violence, as required by
chapter 1, part 10 of this title.
SECTION 13. This act takes effect July 1, 2025, the public welfare requiring it.