Victims' Rights

Plain English Breakdown

The official source material did not provide specific details on how the bill will be implemented or enforced, nor does it specify any potential impacts beyond the financial adjustments described.

Victims' Rights Act

This bill increases the 'victims assistance assessment' from $45 to $125 for people convicted or pleading guilty to certain crimes and changes how this money is divided between court clerks and county programs.

What This Bill Does

• Increases the 'victims assistance assessment' from $45 to $125 for individuals who plead guilty, are found guilty by a judge or jury, enter a plea of nolo contendere, or meet other conditions as outlined in the bill.
• Requires that $15 of the new $125 fee goes to the court clerk for processing and handling costs.
• Directs the remaining $110 from each assessment to county-designated victim assistance programs.

Who It Names or Affects

• People who are convicted or plead guilty to certain crimes in Tennessee, excluding minor traffic violations and crimes with fines under $500 and no jail time.
• Courts that collect fees from people convicted of crimes.
• Counties with designated victims' assistance programs.

Terms To Know

victims assistance assessment

A fee collected by courts and used to support programs for crime victims.

nolo contendere

A plea in court where a person does not admit guilt but accepts punishment without admitting fault.

Limits and Unknowns

• The bill only applies if a county has chosen to establish a victims assistance program.
• It does not apply to minor traffic violations or crimes with fines under $500 and no jail time.

Official Summary Text

If a county elects
to establish a program to assist victims of crime
, present law requires the
clerks of all courts of general sessions, circuit and criminal courts, municipal courts exercising general sessions court jurisdiction and any other court exercising similar criminal jurisdiction
to
collect a victims assistance assessment
of
$45 from any person who
does or is any of the following
:



Enters a plea of guilty
.



Is found guilty by a judge or jury
.



Enters a plea of nolo contendere
.



Enters a plea

pursuant to diversionary sentencing
.



I
s found to be criminally responsible as principal for the commission of a criminal offense
,

except for c
rimes
that have a maximum fine of
less than

$500 and no imprisonment
.



I
s found to be criminally responsible as principal for the commission of a criminal offense
,

except for

v
iolations of the motor vehicle laws,
excluding

DUIs
or reckless driving, where the reckless driving was proximately caused by the use of an intoxicant.

This bill increases from $45 to $125 the
victims assistance assessment
placed on an individual as outlined above.

ALLOCATION OF ASSESSMENT

Present law requires that the
first $3
of the $45 assessment
be paid to the clerk of the court imposing the assessment for processing and handling.

The remaining $42
must
be transmitted to the county in which the offense occurred, for the exclusive use of the victims assistance program previously designated by the county legislative body.

This bill, instead, requires the
first $15 of each assessment
to
be paid to the clerk of the court imposing the assessment for processing and handling. The remaining $110 must be transmitted to the county in which the offense occurred for the exclusive use of the victims assistance program previously designated by th
e county legislative body.

Current Bill Text

SENATE BILL 2085
By Jackson

HOUSE BILL 2023
By Martin B
HB2023
010968
- 1 -

AN ACT to amend Tennessee Code Annotated, Section
40-24-109, relative to the victims assistance
assessment.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-24-109, is amended by deleting
subsection (c) and substituting instead the following:
(c) The clerks of all courts of general sessions, circuit and criminal courts,
municipal courts exercising general sessions court jurisdiction, and any other court
exercising similar criminal jurisdiction shall collect a victims assistance assessment in
the sum of one hundred twenty-five dollars ($125) from a person who:
(1) Enters a plea of guilty;
(2) Is found guilty by a judge or jury;
(3) Enters a plea of nolo contendere;
(4) Enters a plea, pursuant to a diversionary sentencing statute, to a
criminal offense described in subsection (d);
(5) Is found guilty, or enters a plea of guilty or nolo contendere, to the
offense of attempting or conspiring to commit an offense described in subsection
(d); or
(6) Is found to be criminally responsible as principal for the commission
of an offense described in subsection (d).
SECTION 2. Tennessee Code Annotated, Section 40-24-109(g)(1), is amended by
deleting the subdivision and substituting:

- 2 - 010968

(1) The victims assistance assessment is subject to § 8-21-401 and is in addition
to all other taxes, costs, and fines. The first fifteen dollars ($15.00) of each assessment
must be paid to the clerk of the court imposing the assessment for processing and
handling. The remaining one hundred ten dollars ($110) must be transmitted to the
county in which the offense occurred for the exclusive use of the victims assistance
program previously designated by the county legislative body.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.