Criminal Offenses

Plain English Breakdown

Checked against official source text during the last sync.

Tennessee Law on Contraband in Prisons

This bill changes penalties for bringing or possessing contraband items like weapons and drugs into prisons in Tennessee.

What This Bill Does

• Makes it a Class C felony to bring weapons, ammunition, or explosives into prisons without permission.
• Increases punishment to a Class B felony if someone brings these dangerous items into prison and causes death.
• Changes the penalty for bringing drugs, alcohol, or phones into prisons from a Class D felony to a Class C felony if it leads to death.
• Makes having a phone in prison without permission a Class E felony, but increases the fine for repeat offenses.

Who It Names or Affects

• People who try to bring contraband items into prisons or possess them there without permission.
• Prison administrators and staff responsible for enforcing these rules.

Terms To Know

Class C felony

A serious crime that can lead to a prison sentence of three to fifteen years and a fine up to $10,000.

Contraband

Items that are not allowed in prisons because they could be dangerous or cause problems.

Limits and Unknowns

• The bill does not specify the exact fines for each type of contraband.
• It is unclear how this law will affect prison operations and inmate behavior beyond what is stated.

Official Summary Text

Present law prohibits a person from knowingly taking, sending, or otherwise causing to be taken, (i) any weapon, ammunition, or explosive; (ii) any intoxicant, legend drug, controlled substance, or controlled substance analogue; or (iii) any telecommunic
ation device into a penal institution where prisoners are held. Possession of these items with unlawful intent and without the express written consent of the chief administrator of such penal institution is also prohibited.

This bill generally makes it a Class C felony to knowingly take or send any weapon, ammunition, or explosive into such a penal institution or to possess with unlawful intent a weapon, ammunition, or explosive in such a penal institution. A Class C felon
y is punishable by imprisonment of three to 15 years and a fine up to $10,000. However, if such an action results in the death of another person, this bill makes it a Class B felony, which is punishable by imprisonment of eight to 30 years and a fine up
to
$25,000.

This bill generally makes it a Class D felony to knowingly take or send any intoxicant, legend drug, controlled substance, controlled substance analogue, or telecommunications device into a penal institution where prisoners are held. Possession with unl
awful intent of any intoxicant, legend drug, controlled substance, or controlled substance analogue without permission is also generally a Class D felony. A Class D felony is punishable by imprisonment of two to 12 years and a fine up to $5,000. However
,
if such actions result in the death of another person, it is a Class C felony.

This bill generally makes it a Class E felony to possess a telecommunication device with unlawful intent and without permission in a penal institution where prisoners are kept. The first violation is punishable only by fine. A second or subsequent viol
ation is punishable by a fine of $3,000.

Current Bill Text

SENATE BILL 2144
By White

HOUSE BILL 1678
By Sparks
HB1678
011193
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39
and Title 40, relative to contraband in penal
institutions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-16-201, is amended by deleting
subsection (c) and substituting:
(1)
(A) Except as provided in subdivision (c)(1)(B), a violation of subdivision
(b)(1)(A) or (b)(2)(A) is a Class C felony.
(B) A violation of subdivision (b)(1)(A) or (b)(2)(A) is a Class B felony if
the violation resulted in the death of another person.
(2)
(A) Except as provided in subdivision (c)(2)(B), a violation of subdivision
(b)(1)(B), (b)(1)(C), or (b)(2)(B) is a Class D felony.
(B) A violation of subdivision (b)(1)(B), (b)(1)(C), or (b)(2)(B) is a Class C
felony if the violation resulted in the death of another person.
(3)
(A) Except as provided in subdivision (c)(3)(B), a violation of subdivision
(b)(2)(C) is a Class E felony. A first violation is punishable only by fine. A
second or subsequent violation is punishable only by a fine of three thousand
dollars ($3,000).
(B) A violation of subdivision (b)(2)(C) is a Class D felony if the violation
resulted in the death of another person.

- 2 - 011193

SECTION 2. This act takes effect July 1, 2026, the public welfare requiring it.