Criminal Offenses

Plain English Breakdown

The bill summary does not provide specific details on enforcement mechanisms, leaving this aspect unclear.

Changes to Felony Convictions for Public Office and Benefits

This bill changes rules about people with certain felony convictions running for public office and getting retirement benefits in Tennessee.

What This Bill Does

• Removes the rule that stops someone from holding a public office forever if they were convicted of a felony while working as an official or involving their job duties, but adds that such individuals are still disqualified if restored to citizenship through a presidential pardon.
• Changes the requirement for retirement benefits so that anyone who gets a felony conviction is not allowed to receive retirement benefits regardless of whether the crime was related to employment or official capacity.

Who It Names or Affects

• People who have been convicted of felonies
• Public officials and employees

Terms To Know

Felony

A serious crime that can lead to a prison sentence of more than one year.

Restoration of citizenship

The process by which someone who has lost their right to hold public office or vote due to a felony conviction may regain those rights.

Limits and Unknowns

• The bill does not specify how the changes will be enforced.
• It is unclear if there are any exceptions for certain types of felonies.
• The bill applies only to convictions on or after July 1, 2026.

Official Summary Text

Generally, present law provides that
persons
18
or older who are citizens of the United States and of this state, and have been inhabitants of the state, county, district, or circuit for the period required by the constitution and laws of the state, are qualified to hold office under the authority of
this state
. However, there are several disqualifying exceptions, including if a person has
been convicted of offering or giving a bribe, or another
felony
offense
. Such individuals may become qualified again
if the individual is
restored to citizenship
. However,

for
those who have been convicted of
a felony
committed in the person's official capacity or
that
involved the duties of the person's office,
the person is
forever disqualified from holding office
.

This bill removes that specific disqualifying exception, and provides, instead, that t
hose who have been convicted of offering or giving a bribe, or a
n
other
felony
offense
, are disqualified
unless restored to citizenship
. However,
a person is forever disqualified from holding public office if
(i) the
person has been convicted of a
felony
if the offense was committed in the person's official capacity or involved the duties of the person's office; or
(ii) t
he person's restoration of citizenship was pursuant
to a presidential pardon
.

FELONY CONVICTIONS

—
EFFECT ON BENEFITS

For
persons who bec
o
me members of public pension plans after July 1, 198
2,

present law prohibits such an
employee or elected
or
appointed official of the state or
of
a political subdivision
from
receiv
ing
retirement benefits from the Tennessee consolidated retirement system
("TCRS")
, a superseded retirement system
,
or
an
other public pension system, if
the
employee or official is convicted in a court of this state of a felony arising out of the employee's or official's employment or official capacity, const
ituting malfeasance in office.
This bill removes that the felony must
aris
e
out of the employee's or official's employment or official capacity, constituting malfeasance in office
. Thereby, such prohibition applies to any felony.

Current Bill Text

SENATE BILL 2626
By Campbell

HOUSE BILL 1829
By Mitchell
HB1829
011147
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 2;
Title 8; Title 39 and Title 40, relative to persons
convicted of felonies.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 8-18-101(1), is amended by deleting
the subdivision and substituting:
(1) Those who have been convicted of offering or giving a bribe, or any other
offense declared infamous under § 40-20-112, unless restored to citizenship under title
40, chapter 29; provided, that a person is forever disqualified from holding public office if:
(A) The person has been convicted of an infamous crime if the offense
was committed in the person's official capacity or involved the duties of the
person's office; or
(B) The person's restoration of citizenship was pursuant to a presidential
pardon;
SECTION 2. Tennessee Code Annotated, Section 8-35-124(a), is amended by deleting
from subdivision (1) the language "arising out of the employee's or official's employment or
official capacity, constituting malfeasance in office"; by deleting from subdivision (2) the
language "arising out of that person's employment or official capacity, constituting malfeasance
in office"; and by deleting from subdivision (3) the language "arising out of that person's official
capacity, constituting malfeasance in office".
SECTION 3. Tennessee Code Annotated, Section 8-35-203(c), is amended by deleting
the language "arising out of the employee's or official's employment or official capacity
constituting malfeasance in office".

- 2 - 011147

SECTION 4. Tennessee Code Annotated, Section 8-36-201(b)(2)(A), is amended by
deleting the language "arising out of the employee's or official's employment or official capacity
constituting malfeasance in office".
SECTION 5. Tennessee Code Annotated, Section 8-36-918(a), is amended by deleting
the language "arising out of that employee's or official's employment or official capacity
constituting malfeasance in office".
SECTION 6. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to felony convictions on or after July 1, 2026.