Orders of Protection

Plain English Breakdown

The official summary does not provide specific details on how to prove that an out-of-state offense is similar to one in Tennessee, so this detail was removed from the explanation.

Lifetime Orders of Protection for Out-of-State Offenses

This bill allows victims to file lifetime orders of protection against offenders who were convicted of certain serious crimes in other states and sets rules about where these cases can be heard.

What This Bill Does

• Allows a victim to ask the court for a lifetime order of protection if an offender from another state was found guilty of a felony assault, criminal homicide, kidnapping, false imprisonment, sexual offense, harassment, or stalking in that other state.
• Defines when crimes committed outside Tennessee are treated as similar serious offenses within Tennessee's legal system.
• Changes where these cases can be heard. If the offender lives in another state, the case is usually handled in the victim’s home county.

Who It Names or Affects

• Victims of serious crimes who want to protect themselves from offenders living outside Tennessee.
• Offenders convicted of certain felonies in other states, even if they now live in Tennessee or another state.
• Courts and legal systems that will handle these cases.

Terms To Know

Lifetime order of protection

A court order that lasts for a long time to protect someone from being hurt by another person.

Venue

The place where a legal case can be heard and decided.

Limits and Unknowns

• Does not specify what happens if the offender moves between states after the crime.
• It's unclear when this bill will become law or be reviewed again.

Official Summary Text

Present law authorizes
a victim of any of the following offenses
to
file a petition for a lifetime order of protection against the offender who was convicted of the offense:



A felony
assaultive offense, a criminal homicide offense, a kidnapping or false imprisonment offense, or a sexual
offense
.



A h
arassment
offense committed by a
person convicted of a criminal offense if, while incarcerated, on pretrial diversion, probation, community correction or parole, the person intentionally communicates in person with the victim of the person's crime if the communication is
(i) a
nonymous or threatening or made in an offensively repetitious manner or at hours known to be inconvenient to the victim;

(ii) made for no legitimate purpose; and

(iii) made knowing that it will alarm or annoy the victim
.
If the victim of the person's offense died as the result of the offense, th
is harassment offense
appl
ies
to the deceased victim's next-of-kin.



An aggravated stalking offense or an e
specially aggravated stalking
offense.

This bill authorizes
a victim
to
file

a
petition for a lifetime order of protection
against
an
offender who was convicted of
a
felony offense committed in another state that would constitute a

felony assaultive offense,
a
criminal homicide
offense
,
a
kidnapping or false imprisonment
offense
, or a sexual offense

if committed in this state. If an offense in a jurisdiction other than this state is not identified as one of th
ose
offenses
,
then it must be considered
to be such an offense
if the elements of the offense are the same as the elements of the comparable offense in this state.

VENUE

This bill provides that the v
enue for a petition for
such
an order of protection against
an
offender who was convicted of a felony offense committed in another state, and all other matters relating to such an order of protection, is in the county where the respondent resides or, if the respondent is not a resident of this state, the county in w
hich the petitioner resides.

Current Bill Text

SENATE BILL 2145
By White

HOUSE BILL 1900
By Lamberth
HB1900
011976
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 36
and Title 39, relative to lifetime orders of
protection.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 36-3-627(a)(1), is amended by
adding the following new subdivision:
(D) A felony offense committed in another state that would constitute an offense
listed in this subdivision (a)(1) if committed in this state. If an offense in a jurisdiction
other than this state is not identified as one (1) of the offenses listed in this subdivision
(a)(1), then it must be considered an offense listed in this subdivision (a)(1) if the
elements of the offense are the same as the elements of the comparable offense in this
state.
SECTION 2. Tennessee Code Annotated, Section 36-3-627(c), is amended by deleting
the subsection and substituting:
(c)
(1) Venue for a petition for an order of protection under subdivisions
(a)(1)(A)-(C), and all other matters relating to such an order of protection, is in
the county where the respondent resides, the county in which the offense
occurred, or, if the respondent is not a resident of this state, the county in which
the petitioner resides.
(2) Venue for a petition for an order of protection under subdivision
(a)(1)(D), and all other matters relating to such an order of protection, is in the

- 2 - 011976

county where the respondent resides or, if the respondent is not a resident of this
state, the county in which the petitioner resides.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.