Official Summary Text
Present law establishes
the Tennessee second look commission
, which
review
s
an appropriate sampling of cases involving a second or subsequent incident of severe child abuse in order to provide recommendations and findings to the general assembly regarding whether or not severe child abuse cases are handled in a manner that provi
des adequate protection to the children of this state.
This bill adds the
commissioner of mental health and substance abuse services
,
or the commissioner's designee
, to the commiss
ion.
REQUESTS MADE BY
SECOND LOOK COMMISSION
Present law requires certain persons, teams, and agencies to provide all of the following to the second look commission upon request by the commission:
I
nformation and data concerning a second or subsequent incident of severe abuse
.
Cause the person most knowledgeable with the case to testify regarding any cases concerning a second or subsequent incident of severe abuse
.
R
ecommendations
concerning
where gaps and deficiencies may exist in the various systems involved in protecting children from severe child abuse.
This bill removes the limitation that such information must concern
a second or subsequent incident of severe child abuse
, and requires, instead, that the information must be supplied for
a
ny
case being reviewed by the commission
.
Additionally,
the commission may request and have access to any records held by a state agency that are necessary for performance of the commission's duties and responsibilities
. Further, any
representative of the mental health disciplines involved in investigations conducted b
y
provision of services to dependent and neglected youth
must also provide the above to the commission upon request.
SEVERE CHILD ABUSE
—
STRANGULATION
Present law designates several acts that constitute severe child abuse,
including the e
xposure of a child to serious bodily injury or death, or the risk of serious bodily injury or death, caused by brutality, abuse, neglect, or use of force
. This bill adds that
severe child abuse
also includes the exposure of a child to serious bodily
injury or death, or the risk of such, caused by
strangulation
.
AGGRAVATED CHILD ABUSE AND AGGRAVATED CHILD NEGLECT OR ENDANGERMENT
Present law provides that a
person commits the offense of aggravated child abuse, aggravated child neglect
,
or aggravated child endangerment, who commits child abuse
,
child neglect, or child endangerment
and additionally commits one or more of several acts. One such act is when the
abuse, neglect
,
or endangerment was especially heinous, atrocious or cruel, or involved the infliction of torture to the victim
. This bill adds that it would also constitute such an aggravated offense if that abuse involved strangulation.
STATUTORY
AND
AGGRAVATED STATUTORY RAPE
Present law provides that s
tatutory rape is the unlawful sexual penetration of a victim by the defendant
,
or of the defendant by the victim
,
when
t
he victim is
13 or 14
and the defendant is
four to
10
years older
,
o
r t
he victim is
15, 16, or 17
and the defendant is more than five but less than 10 years older.
Aggravated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim
,
when the victim is
13 to 17
and the defendant is at least 10 years older.
If a law enforcement officer receives a report of a violation of
statutory
or
aggravated statutory rape
as described in the paragraph above, this bill requires
the law enforcement officer
to
refer the victim to the child advocacy center serving that geographical area for a forensic interview and
to
notify the child protective team of the reported child sexual abuse.
Current Bill Text
Read the full stored bill text
SENATE BILL 1937
By Jackson
HOUSE BILL 2081
By Littleton
HB2081
011115
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 37;
Title 38; Title 39 and Title 40, relative to abuse of
children.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 37-3-804(a), is amended by adding
the following as a new subdivision:
(14) The commissioner of mental health and substance abuse services or the
commissioner's designee;
SECTION 2. Tennessee Code Annotated, Section 37-3-804(b)(1)(A), is amended by
deleting "subdivisions (a)(1)-(5)" wherever it appears and substituting "subdivisions (a)(1)-(5)
and (a)(14)".
SECTION 3. Tennessee Code Annotated, Section 37-3-809, is amended by deleting
"child protective teams," and substituting "child protective teams or the provision of services to
dependent and neglected youth,".
SECTION 4. Tennessee Code Annotated, Section 37-3-809(1), is amended by deleting
"a second or subsequent incident of severe child abuse" and substituting "a case being
reviewed by the commission".
SECTION 5. Tennessee Code Annotated, Section 37-3-809(2), is amended by deleting
"concerning a second or subsequent incident of severe abuse" and substituting "being reviewed
by the commission".
SECTION 6. Tennessee Code Annotated, Section 37-3-809, is amended by designating
the existing language as subsection (a) and adding the following subsection (b):
- 2 - 011115
(b) Notwithstanding another law to the contrary, the commission may request
and have access to any records held by a state agency that are necessary for
performance of the commission's duties and responsibilities under this part.
SECTION 7. Tennessee Code Annotated, Section 37-1-102(b)(28)(A)(i), is amended by
deleting "abuse, neglect, or use of force" and substituting "abuse, neglect, use of force, or
strangulation, as defined in § 39-13-102(a)(2)".
SECTION 8. Tennessee Code Annotated, Section 39-15-402(a)(3), is amended by
deleting "involved the infliction of torture" and substituting "involved strangulation, as defined in
§ 39-13-102(a)(2), or the infliction of torture".
SECTION 9. Tennessee Code Annotated, Section 39-13-506, is amended by adding
the following as a new subsection:
(e) If a law enforcement officer receives a report of a violation of subsection (b)
or (c), then the law enforcement officer shall refer the victim to the child advocacy center
serving that geographical area for a forensic interview and notify the child protective
team, established pursuant to § 37-1-607, of the reported child sexual abuse.
SECTION 10. Sections 1-6 and 9 of this act take effect upon becoming a law, the public
welfare requiring it. For all other sections, this act takes effect July 1, 2026, the public welfare
requiring it.