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HB1089 • 2026

Criminal Offenses

AN ACT to amend Tennessee Code Annotated, Title 33; Title 39 and Title 40, relative to criminal offenses involving abuse.

Children Crime
Active

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

Sponsor
Sexton, Massey
Last action
2025-05-27
Official status
Effective date(s) 05/21/2025, 01/01/2026
Effective date
Not listed

Plain English Breakdown

The official bill summary does not provide specific details about quarterly evaluations or workforce availability, only that such evaluations must be conducted if sufficient resources are available.

Mental Health Evaluations for Certain Criminal Offenders

This law requires mental health evaluations for people convicted of certain crimes involving abuse and cruelty before they are sentenced.

What This Bill Does

  • Requires the Department of Mental Health and Substance Abuse Services to establish a process for evaluating defendants who have been found guilty of domestic assault, child abuse, aggravated child abuse, cruelty to animals, or aggravated cruelty to animals.
  • Orders courts to ensure these offenders undergo mental health evaluations before their sentencing hearing.
  • Allows the court to include any recommended mental health services in the sentence if a professional recommends them after an evaluation.
  • Requires defendants to pay for the cost of the evaluation and treatment unless they are found indigent, in which case the department will cover the costs.

Who It Names or Affects

  • People convicted of domestic assault, child abuse, aggravated child abuse, cruelty to animals, or aggravated cruelty to animals.
  • Courts that handle these types of cases.
  • The Department of Mental Health and Substance Abuse Services.

Terms To Know

Indigent
A person who is very poor and cannot afford basic necessities, including the cost of a mental health evaluation or treatment.

Limits and Unknowns

  • The law only applies to specific types of criminal offenses involving abuse and cruelty.
  • If the Department does not have enough staff or funding, it must report this to the General Assembly.
  • Defendants who have already had a mental health evaluation for these crimes do not need another one.

Amendments

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

Amendment 1-0 to HB1089

Plain English: This amendment adds requirements for mental health evaluations of defendants convicted of certain crimes involving abuse and cruelty.

  • Requires courts to order mental health evaluations for individuals convicted of domestic assault, child abuse, aggravated child abuse, cruelty to animals, or aggravated cruelty to animals before sentencing hearings.
  • Establishes a process by which the department will conduct these evaluations on an outpatient basis and submit reports with any recommended mental health services.
  • Specifies that defendants must pay for the evaluation costs unless they are found indigent, in which case the state will cover the cost.
  • The amendment does not specify how the department will determine eligibility for being considered 'indigent'.
Amendment 2-0 to HB1089

Plain English: This amendment adds requirements for mental health evaluations of defendants convicted of certain crimes involving abuse and cruelty.

  • Requires the Tennessee Department of Mental Health to establish a process for evaluating defendants who have been convicted of domestic assault, child abuse, aggravated child abuse, cruelty to animals, or aggravated cruelty to animals.
  • Specifies that these evaluations must be conducted by community mental health centers or qualified professionals before sentencing hearings.
  • Allows courts to include recommended mental health services in sentencing if the evaluation suggests them.
  • The amendment does not specify what happens if the department lacks sufficient workforce availability or funding for conducting these evaluations.
Amendment 3-0 to HB1089

Plain English: The amendment removes and replaces subsection (g) in SECTION 1 of HB1089, allowing the department to create rules quickly in emergencies.

  • Removes existing subsection (g) from SECTION 1 of HB1089.
  • Adds new language that allows the department to make emergency rules if needed.
  • The amendment does not specify which department is referred to, so it's unclear exactly which agency this applies to.
Amendment 1-0 to SB0944

Plain English: This amendment adds requirements for mental health evaluations of defendants convicted of certain crimes involving abuse before their sentencing hearings.

  • Requires the Tennessee Department of Mental Health to establish a process for evaluating defendants who have been convicted of domestic assault, child abuse, aggravated child abuse, cruelty to animals, or aggravated cruelty to animals.
  • Specifies that these evaluations must be conducted by community mental health centers or qualified professionals and submitted to the court before sentencing.
  • Establishes that if a defendant is found indigent, the department will cover the cost of the evaluation; otherwise, the defendant pays for it.
  • The amendment does not specify what happens if the department lacks sufficient workforce or funding to conduct evaluations as required.
  • Details on how mental health recommendations are integrated into sentencing decisions are not provided in this text.

Bill History

  1. 2025-05-27 Tennessee General Assembly

    Effective date(s) 05/21/2025, 01/01/2026

  2. 2025-05-27 Tennessee General Assembly

    Pub. Ch. 511

  3. 2025-05-27 Tennessee General Assembly

    Comp. became Pub. Ch. 511

  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. 2025-04-28 Tennessee General Assembly

    Enrolled; ready for sig. of H. Speaker.

  9. 2025-04-23 Tennessee General Assembly

    Sponsor(s) Added.

  10. 2025-04-22 Tennessee General Assembly

    Passed Senate, Ayes 30, Nays 2

  11. 2025-04-22 Tennessee General Assembly

    Amendment withdrawn. (Amendment 1 - SA0211)

  12. 2025-04-22 Tennessee General Assembly

    Senate substituted House Bill for companion Senate Bill.

  13. 2025-04-22 Tennessee General Assembly

    Received from House, Passed on First Consideration

  14. 2025-04-22 Tennessee General Assembly

    Companion House Bill substituted

  15. 2025-04-21 Tennessee General Assembly

    Engrossed; ready for transmission to Sen.

  16. 2025-04-21 Tennessee General Assembly

    Passed H., as am., Ayes 93, Nays 0, PNV 1

  17. 2025-04-21 Tennessee General Assembly

    H. adopted am. (Amendment 3 - HA0501)

  18. 2025-04-21 Tennessee General Assembly

    H. adopted am. (Amendment 2 - HA0500)

  19. 2025-04-21 Tennessee General Assembly

    Am. withdrawn. (Amendment 1 - HA0121)

  20. 2025-04-21 Tennessee General Assembly

    Sponsor(s) Added.

  21. 2025-04-21 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/22/2025

  22. 2025-04-21 Tennessee General Assembly

    Recommended for passage, refer to Senate Calendar Committee

  23. 2025-04-17 Tennessee General Assembly

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

  24. 2025-04-17 Tennessee General Assembly

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

  25. 2025-04-17 Tennessee General Assembly

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

  26. 2025-04-17 Tennessee General Assembly

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

  27. 2025-04-17 Tennessee General Assembly

    Placed on Senate Finance, Ways, and Means Committee calendar for 4/21/2025

  28. 2025-04-16 Tennessee General Assembly

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

  29. 2025-04-14 Tennessee General Assembly

    Placed on Senate Finance, Ways, and Means Committee calendar for 4/15/2025

  30. 2025-04-14 Tennessee General Assembly

    Rule #83(8) Suspended, to be heard in Senate Finance, Ways & Means Committee on 4/15/2025

  31. 2025-04-09 Tennessee General Assembly

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

  32. 2025-03-26 Tennessee General Assembly

    Placed behind the budget

  33. 2025-03-25 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 9, Nays 0 PNV 0

  34. 2025-03-24 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/25/2025

  35. 2025-03-19 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 3/26/2025

  36. 2025-03-19 Tennessee General Assembly

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

  37. 2025-03-19 Tennessee General Assembly

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

  38. 2025-03-19 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/24/2025

  39. 2025-03-12 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/19/2025

  40. 2025-03-12 Tennessee General Assembly

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

  41. 2025-03-10 Tennessee General Assembly

    Sponsor(s) Added.

  42. 2025-03-05 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 3/12/2025

  43. 2025-03-05 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  44. 2025-03-05 Tennessee General Assembly

    Ref. to Judiciary Committee

  45. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  46. 2025-02-10 Tennessee General Assembly

    P2C, caption bill, held on desk - pending amdt.

  47. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  48. 2025-02-06 Tennessee General Assembly

    Intro., P1C.

  49. 2025-02-05 Tennessee General Assembly

    Filed for introduction

  50. 2025-02-05 Tennessee General Assembly

    Filed for introduction

Official Summary Text

ON APRIL 21, 2025, THE HOUSE ADOPTED AMENDMENTS #2 AND #3 AND PASSED HOUSE BILL 1089, AS AMENDED.

AMENDMENT #2 rewrites this bill to require t
he
department of mental health and substance abuse services

to
establish a mental health evaluation process
for a
community mental health center or qualified mental health professional to evaluate a defendant convicted
of d
omestic assault,
c
hild abuse, agg
ravated child abuse,
c
ruelty to animals,
a
ggravated cruelty to animals.
This amendment requires a court in which a person is convicted of any such offense to order the offender to undergo
a mental health evaluation

prior to the sentencing hearing.

If
a

defendant has previously been evaluated pursuant to this
amendment
, then the defendant
will not be evaluated
.

The
mental health evaluation
required by this amendment is
subject to the department's workforce availability and funding, which must be evalu
ated quarterly by the department for sufficiency to provide the services required by this
amendment
.

If the department determines it does not have the workforce availability or funding to conduct the mental health evaluations following the quarterly evalu
ation
,
then the department
is required to
create and submit a report regarding the insufficient workforce availability or funding to provide the services to the chief clerk of each house of the general assembly.

A
center or qualified mental health profe
ssional
that conducts an evaluation pursuant to this amendment must
submit to the court an evaluation report with any recommended mental health services for the defendant.

If the center or the qualified mental health professional recommends mental health
services, then the court may include such mental health recommendations as part of sentencing.

This amendment requires that a
defendant pay for the cost of the evaluation and court-ordered treatment, if applicable, pursuant to this
amendment.
If the co
urt finds the defendant is indigent, then the department
is required to
pay the community mental health center or the qualified mental health professional for the cost of the evaluation and court-ordered treatment, if applicable.

This amendment authoriz
es the
department to promulgate rules to effectuate
its purposes
.

For purposes of
promulgating rules, this
amendment's provisions
take effect upon becoming a law. For all other purposes, this
amendment's provisions
take effect January 1, 2026.

AMENDMENT #3 authorizes the department to use emergency rulemaking procedures to promulgate rules for the implementation of this bill
.

Current Bill Text

Read the full stored bill text 
SENATE BILL 944
By Massey

HOUSE BILL 1089
By Sexton

HB1089
003185
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 33;
Title 39 and Title 40, relative to criminal offenses
involving abuse.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-14-202, is amended by deleting
subdivision (g)(1) and substituting:
(1) Cruelty to animals is a Class A misdemeanor, and must be punished by at
least forty (40) hours of community service work to be determined by the court, in
addition to any punishment authorized by § 40-35-111.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.