Official Summary Text
In any proceeding on a claim against a higher education institution for negligence in admitting, enrolling, extending housing opportunities to, or otherwise facilitating the educational attainment of a person who has been previously convicted of a crimina
l offense,
this bill provides that
a higher education institution is not liable based solely upon the fact that the person has been previously convicted of a criminal offense.
In a cause of action against a higher education institution for negligence in admitting, enrolling, extending housing opportunities to, or otherwise facilitating the educational attainment of a person who has been previously convicted of a criminal offens
e,
this bill provides that
evidence that the person has been previously convicted of a criminal offense is not admissible.
VIOLENT OFFENSES
This bill does not apply when (i) the
higher education institution had actual knowledge of the person's prior conviction for
certain
violent offense
s
or
for certain
violent sexual offense
s; or when (ii) t
he higher education institution, having actual knowledge of the person's commission of
certain
violent offense
s
or
certain
violent sexual offense
s
, after admittance, was willful in allowing the person to continue enrolling in, residing at, or otherwise utilizing the higher education institution.
The viole
nt offenses described in this paragraph are the following:
The following m
urder
offenses
:
First degree murder
and second degree murder,
including any attempt, solicitation or facilitation to commit
such
murder
.
The following k
idnapping
offenses
:
Especially aggravated kidnapping
;
any attempt or facilitation to commit such
;
a
ggravated kidnapping
; e
specially aggravated kidnapping where the victim is a minor, except when committed by a parent of the minor
;
and aggravated kidnapping where the victim is a minor, except when committed by a parent of the minor.
The following a
rson
offenses
:
Aggravated arson and any attempt or facilitation to commit
such.
The following r
obbery
offenses
:
Especially aggravated robbery, any attempt or facilitation to commit such, and
a
ggravated robbery.
The following b
urglary
offense
:
E
specially aggravated burglary
.
The following r
ape
offenses
:
Aggravated rape
,
any attempt or facilitation to commit
such, r
ape
, a
ggravated sexual battery
, aggravated spousal rape, spousal rape, and attempt to commit rape.
The following sexual offense
: Certain past convictions of incest.
The following sexual o
ffenses against
minors
:
Rape of a child and any attempt or facilitation to commit
such, a
ggravated child abuse and rape of a child
, a
ggravated sexual exploitation of
a
minor
,
especially aggravated sexual exploitation of a minor
, s
exual battery by an authority figure,
s
olicitation of a minor
when the offense is classified as a Class B or C felony
, s
tatutory rape by an authority figure
, a
ggravated rape of a child
, and c
ontinuous sexual abuse of a child
.
The following i
nchoate offenses
: Criminal attempt, solicitation, conspiracy, criminal responsibility, facilitating the commission of, and being an accessory after the fact to any of the violent sexual offenses described above.
The following t
rafficking offenses
:
Trafficking for a commercial sex act
.
The following p
rostitution
offense
:
Promotion of prostitution
where the person has a prior conviction for promotion of prostitution
.
IMPACT ON CAUSES OF ACTION
This
bill
does not create a cause of action or expand an existing cause of action
. However, this bill does not
impair the ability of a court to
do any of the following:
Recognize a private right of action that was recognized before July 1, 2012, by the courts of this state as arising under a statute, unless the statute is amended after July 1, 2012, to expressly bar the private right of action
.
Create or confer a private right of action in the absence of a controlling statute on each cause of action contained in the complaint if such action is based on the common law
.
Utilize the doctrine of negligence per se
.
Recognize a private right of action commenced by a state or local governmental entity to collect any fees owed for a governmental service or to recover such fees from a party that is obligated to bill and collect fees owed others for a governmental service.
RULES
This bill does not
impair the ability of a state or local regulatory or licensing agency to enforce rules pursuant to the Uniform Administrative Procedures Act
,
if such rules were duly enacted through the rulemaking authority granted to any such agency by statute.
Current Bill Text
Read the full stored bill text
SENATE BILL 1833
By Yager
HOUSE BILL 1772
By Raper
HB1772
010897
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 9;
Title 28; Title 29; Title 40 and Title 49, relative to
offender reentry.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 40, Chapter 29, Part 1, is amended by
adding the following as a new section:
(a) In any proceeding on a claim against a higher education institution for
negligence in admitting, enrolling, extending housing opportunities to, or otherwise
facilitating the educational attainment of a person who has been previously convicted of
a criminal offense, a higher education institution is not liable based solely upon the fact
that the person has been previously convicted of a criminal offense.
(b) In a cause of action against a higher education institution for negligence in
admitting, enrolling, extending housing opportunities to, or otherwise facilitating the
educational attainment of a person who has been previously convicted of a criminal
offense, evidence that the person has been previously convicted of a criminal offense is
not admissible.
(c) Subsections (a) and (b) do not apply when:
(1) The higher education institution had actual knowledge of the person's
prior conviction for a violent offense, as defined in § 40-35-120(b), or a violent
sexual offense, as defined in § 40-39-202; or
(2) The higher education institution, having actual knowledge of the
person's commission of a violent offense, as defined in § 40-35-120(b), or a
violent sexual offense, as defined in § 40-39-202, after admittance, was willful in
- 2 - 010897
allowing the person to continue enrolling in, residing at, or otherwise utilizing the
higher education institution.
(d) This section does not create a cause of action or expand an existing cause of
action.
(e) Section 1-3-119 relative to implied rights of action applies to this section.
(f) As used in this section, "higher education institution" includes, but is not
limited to, a school, college, university, or other type of entity offering educational
credentials, instruction, or educational services primarily to persons who have completed
or terminated the person's secondary education or who are beyond the age of
compulsory high school attendance for the attainment of educational, professional, or
vocational objectives.
SECTION 2. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to claims arising on or after that date.