Sentencing

Plain English Breakdown

The bill does not provide specific details on the operational and construction cost estimates mentioned in the candidate explanation.

Tennessee Repeat Violent Offender Sentencing Act

This bill changes how Tennessee courts sentence repeat violent offenders by defining new criteria for determining if someone is a repeat offender and adjusting sentencing rules accordingly.

What This Bill Does

• Defines a 'repeat violent offender' as someone convicted of a violent offense on or after July 1, 2026, with at least three strikes total from current offenses and prior convictions.
• Requires courts to determine if a defendant is required to be sentenced under this bill or existing law when sentencing repeat violent offenders.
• Specifies that if the defendant meets requirements for both statutes, they must be sentenced according to present law.
• Includes certain out-of-state convictions as 'prior convictions' in determining repeat offender status.
• Allows courts to deduct half a strike from total strikes for each three-year period with no criminal convictions.

Who It Names or Affects

• Courts and judges who sentence defendants
• Defendants convicted of violent offenses

Terms To Know

Repeat Violent Offender

A person convicted of a violent offense on or after July 1, 2026, with at least three strikes from current and prior offenses.

Prior Conviction

A conviction for a violent offense that occurred before the current offense but on or after July 1, 2026.

Limits and Unknowns

• The bill does not specify how many additional inmates will be housed under this new law.
• It is uncertain when and if an additional facility may need to be constructed due to increased inmate population.

Official Summary Text

Generally, present law requires a
court
to
sentence a defendant
to life
imprisonment without possibility of parole if the court finds beyond a reasonable doubt that the defendant is a repeat violent offender
. A defendant is generally considered a repeat violent offender on a three-strike system when the defendant is convicted of a third violent offense after two prior violent offense convictions. However, certain violent offenses require only one prior con
viction before the defendant is sentenced as a repeat violent offender.

In determining the appropriate sentence for a defendant,
this bill requires
the sentencing court
to
determine whether the defendant is required to be sentenced as a repeat violent
offender under this bill or present law. If the defendant is required to be sentenced as a repeat violent offender under only one such statute, then the court must sentence the defendant pursuant to the statute that requires sentencing as a repeat violen
t offender. If the defendant is required to be sentenced as a repeat violen
t offender under both statutes, then the defendant
must
be sentenced pursuant to present law.

This bill generally defines a
"
r
epeat violent offender"
as
a defendant who is convicted of a violent offense, which occurred on or after July 1, 2026, and the combination of the strikes allocated pursuant to this
bill
for the violent offense and the defendant's prior convictions equals three or more strikes
. H
owever,

at least two of the strikes must be for offenses listed
under the heading "ONE STRIKE OFFENSES" below.

PRIOR CONVICTIONS

Present law defines a "p
rior conviction
" as
a defendant
who
serves and is released from a period of incarceration for the commission of an offense or offenses
.

This bill defines a
"
p
rior conviction"
as a
defendant
who
was convicted of a violent offense that occurred on or after July 1, 2026, but before the violent offense for which the defendant is to be sentenced
. H
owever, a defendant who was convicted of multiple violent offenses based on conduct that occurred contemporaneously, occurred at the same location, and represented a single continuous criminal episode with a single criminal intent
must
only be considered to have a prior conviction for the offense tha
t would result in the highest point allocation pursuant to this
bill.

This bill d
oes not
include
a finding or adjudication that the defendant committed an act as a juvenile that is designated as a violent offense if committed by an adult
as a prior conviction
, unless the defendant was tried as an adult in criminal court
,
or
similar statutes of other states or jurisdictions, and was convicted of the violent offense in a criminal court and sentenced as an adult
.

This bill includes
convictions under the laws of any other state, government, or country that, if committed in this state, would have constituted a violent offense
as a prior conviction
. If a felony from another jurisdiction is not a named violent offense and if the elements of the felony are the same as a violent offense, then the offense
is
considered a prior conviction
.

ONE-HALF
AND ONE-QUARTER
STRIKE
OFFENSES

In determining the number of strikes applicable to a defendant for purposes of sentencing
, this bill requires
the court
to
consider whether the defendant has had a three-year period of time with no criminal convictions. For each three-year period of time with no criminal convictions, the court
must
deduct one-half strike from the defendant's total number of strikes accumulated for
certain
offenses
, listed below as one-half strike offenses and one-quarter strike offenses.

One-Half Strike Offenses

O
n or after July 1, 2026
, this bill provides that t
he following offenses
are considered violent offenses
when committed, each of which results in the defendant receiving one-half strike
and may be used in the strike deduction process outlined above
:



Except
if the offense involved the use of a firearm from within a motor vehicle
,

an i
ntentional or knowing
aggravated assault
that i
nvolved the use or display of a deadly weapon
or
a reckless assault that i
nvolved the use or display of a deadly weapon.


A
n intentional or knowing a
ggravated assault
that involved
strangulation or attempted strangulation
.


Aggravated assault, if the offense resulted in serious bodily injury to or the death of another
.


Aggravated assault against a first responde
r
or nurse if the offense involved the use of a deadly weapon
.


A
ggravated assault against
a
first responder or nurse
that r
esult
ed
in serious bodily injury
,

death, or i
nvolved strangulation or attempted strangulation
.


Voluntary manslaughter
.


Criminally negligent homicide
.


Vehicular homicide,
when the proximate cause of the reckless killing was (i) the driver's c
onduct creating a substantial risk of death or serious bodily injury to a person;
(ii) drag racing; or (iii) t
he driver's conduct in a posted construction zone where the person killed was an employee of the department of transportation or a highway construction worker.


Reckless homicide
.


Involuntary labor servitude
.


Trafficking persons for forced labor or services
.


Aggravated burglar
y.


The manufacture, delivery, or sale of a controlled substance, where the instant offense is classified as a Class A, B, or C felony and the person has two or more prior convictions for the manufacture, delivery, or sale of
such
controlled substance
s
prior to or at the time of committing the instant offense
.


Possessing or using a firearm or antique firearm during commission of or attempt to commit a dangerous felony
.


Driving under the influence with six prior convictions
.

One-Quarter Strike Offenses

On or after July 1, 2026,
this bill provides
the following offenses are considered violent offenses when committed
, each of which
results in the defendant receiving one-quarter strike
and may be used in the strike deduction process outlined above
:



Any other felony offense
.


Facilitation, criminal attempt, solicitation, or conspiracy
when the offense is a misdemeanor offense
and committed in order to commit one of the offenses listed below that count as one strike.

ONE STRIKE OFFENSES

This bill requires t
he court
to
sentence a defendant who has been convicted of a violent offense that occurred on or after July 1, 2026, and that, in combination with prior convictions for violent offenses, results in the defendant having three or more strikes, at least two of which are
for offenses
listed below,
to imprisonment for life if the court finds beyond a reasonable doubt that the defendant is a repeat violent offender.

On or after July 1, 2026,
this bill provides
the following offenses are considered violent offenses when committed
, each of which results in the defendant receiving one strike:



Female genital mutilation
.


Domestic assault, when the offense is a felony offense
.


Grave torture, if the defendant was a juvenile at the time of the offense and was convicted in criminal court and sentenced as an adult
.


Second degree murder
.


Vehicular homicide,
when the proximate cause of the reckless killing was alcohol or drug intoxication or both.


Aggravated vehicular homicide
.


Aggravated kidnapping
.


Especially aggravated kidnapping
.


Trafficking for a commercial sex act
.


Advertising commercial sexual abuse of a minor
.


Aggravated human trafficking
.


Aggravated robbery
.


Especially aggravated robbery
.


Carjacking
.


Aggravated rape
.


Rape
.


Aggravated sexual battery
.


Sexual battery
.


Aggravated statutory rape

when the victim is at least
13
but less than
18
and the defendant is at least
10
years older than the victim.


Aggravated rape of a child
,
if the defendant was a juvenile at the time of the offense and was convicted in criminal court and sentenced as an adult
.


Especially aggravated rape
,
if the defendant was a juvenile at the time of the offense and was convicted in criminal court and sentenced as an adult
.


Especially aggravated rape of a child, if the defendant was a juvenile at the time of the offense and was convicted in criminal court and sentenced as an
adult.


Indecent exposure, when the offense is a felony offense
.


Patronizing prostitution from a person who is younger than
18
, has an intellectual disability, or is a law enforcement officer posing as a minor
.


Promoting prostitution
.


Public indecency, when the offense is a felony offense
.


Continuous sexual abuse of a child
.


Rape of a child
.


Sexual battery by an authority figure
.


Solicitation of a minor
,
when the offense is a felony offense
.


Soliciting sexual exploitation of a minor or exploitation of a minor by electronic means
.


Statutory rape by an authority figure
.


Promoting travel for prostitution
.


Unlawful photographing in violation of privacy
,
when the offense is a felony offense
.


Observation without consent, when the offense is a felony offense
.


Especially aggravated burglary
.


Aggravated arson
.


Incest
.


Child abuse or child neglect or endangerment,

when the offense is a felony offense
.


Aggravated child abuse or aggravated child endangerment or neglect
.


Using a minor to produce, import, prepare, distribute, process, or appear in obscene material

with knowledge that the minor
is
under
18
, or while in possession of the facts that the person should reasonably know that th
e
minor
is
under
18
.


Unlawful sale, distribution, or transportation with intent to sell or distribute a child-like sex doll
.


Sexual exploitation of a minor
.


Aggravated sexual exploitation of a minor
.


Especially aggravated sexual exploitation of a minor
.


W
hen
f
acilitation, criminal attempt, solicitation, or conspiracy
is a felony offense

and was committed in order
to commit any of the one-strike offenses above or first degree murder.

APPEALS

This bill provides that t
he finding that a defendant is or is
not a repeat violent offender is appealable by either party.

Current Bill Text

SENATE BILL 2137
By White

HOUSE BILL 2504
By Sexton
HB2504
010232
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 38;
Title 39; Title 40 and Title 41, relative to repeat
offenders.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-35-120, is amended by adding
the following new subsection:
(j) In determining the appropriate sentence for a defendant, the sentencing court
shall determine whether the defendant is required to be sentenced as a repeat violent
offender under this section or § 40-35-125. If the defendant is required to be sentenced
as a repeat violent offender under only one (1) such statute, then the court shall
sentence the defendant pursuant to the statute that requires sentencing as a repeat
violent offender. If the defendant is required to be sentenced as a repeat violent
offender under both statutes, then the defendant shall be sentenced pursuant to this
section.
SECTION 2. Tennessee Code Annotated, Title 40, Chapter 35, Part 1, is amended by
adding the following new section:
40-35-125.
(a) As used in this section:
(1) "Prior conviction":
(A) Means the defendant was convicted of a violent offense that
occurred on or after July 1, 2026, but before the violent offense for which
the defendant is to be sentenced; provided, however, that a defendant
who was convicted of multiple violent offenses based on conduct that

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occurred contemporaneously, occurred at the same location, and
represented a single continuous criminal episode with a single criminal
intent shall only be considered to have a prior conviction for the offense
that would result in the highest point allocation pursuant to this section;
(B) Does not include a finding or adjudication that the defendant
committed an act as a juvenile that is designated as a violent offense if
committed by an adult, unless the defendant was tried as an adult in
criminal court pursuant to § 37-1-134 or § 37-1-191, or similar statutes of
other states or jurisdictions, and was convicted of the violent offense in a
criminal court and sentenced as an adult; and
(C) Includes convictions under the laws of any other state,
government, or country that, if committed in this state, would have
constituted a violent offense. If a felony from another jurisdiction is not a
named violent offense and if the elements of the felony are the same as a
violent offense, then the offense shall be considered a prior conviction;
(2) "Repeat violent offender" means a defendant who is convicted of a
violent offense, which occurred on or after July 1, 2026, and the combination of
the strikes allocated pursuant to this section for the violent offense and the
defendant's prior convictions equals three (3) or more strikes; provided, however,
that at least two (2) of the strikes must be for offenses listed in subdivision
(a)(3)(A); and
(3) "Violent offense" means any of the following offenses when
committed on or after July 1, 2026:
(A) The following offenses, each of which results in the defendant
receiving one (1) strike:

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(i) Female genital mutilation, as defined in § 39-13-110;
(ii) Domestic assault, as defined in § 39-13-111, when the
offense is a felony offense;
(iii) Grave torture, as defined in § 39-13-117, if the
defendant was a juvenile at the time of the offense and was
convicted in criminal court and sentenced as an adult;
(iv) Second degree murder, as defined in § 39-13-210;
(v) Vehicular homicide, as defined in § 39-13-213(a)(2);
(vi) Aggravated vehicular homicide, as defined in § 39-13-
218;
(vii) Aggravated kidnapping, as defined in § 39-13-304;
(viii) Especially aggravated kidnapping, as defined in § 39-
13-305;
(ix) Trafficking for a commercial sex act, as defined in §
39-13-309;
(x) Advertising commercial sexual abuse of a minor, as
defined in § 39-13-315;
(xi) Aggravated human trafficking, as defined in § 39-13-
316;
(xii) Aggravated robbery, as defined in § 39-13-402;
(xiii) Especially aggravated robbery, as defined in § 39-13-
403;
(xiv) Carjacking, as defined in § 39-13-404;
(xv) Aggravated rape, as defined in § 39-13-502;
(xvi) Rape, as defined in § 39-13-503;

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(xvii) Aggravated sexual battery, as defined in § 39-13-
504;
(xviii) Sexual battery, as defined in § 39-13-505;
(xix) Aggravated statutory rape, as defined in § 39-13-
506(c);
(xx) Aggravated rape of a child, as defined in § 39-13-531,
if the defendant was a juvenile at the time of the offense and was
convicted in criminal court and sentenced as an adult;
(xxi) Especially aggravated rape, as defined in § 39-13-
534, if the defendant was a juvenile at the time of the offense and
was convicted in criminal court and sentenced as an adult;
(xxii) Especially aggravated rape of a child, as defined in §
39-13-535, if the defendant was a juvenile at the time of the
offense and was convicted in criminal court and sentenced as an
adult;
(xxiii) Indecent exposure, as defined in § 39-13-511, when
the offense is a felony offense;
(xxiv) Patronizing prostitution, as defined in § 39-13-
514(b)(3);
(xxv) Promoting prostitution, as defined in § 39-13-515;
(xxvi) Public indecency, as defined in § 39-13-517, when
the offense is a felony offense;
(xxvii) Continuous sexual abuse of a child, as defined in §
39-13-518;
(xxviii) Rape of a child, as defined in § 39-13-522;

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(xxix) Sexual battery by an authority figure, as defined in §
39-13-527;
(xxx) Solicitation of a minor, as defined in § 39-13-528,
when the offense is a felony offense;
(xxxi) Soliciting sexual exploitation of a minor or
exploitation of a minor by electronic means, as defined in § 39-13-
529;
(xxxii) Statutory rape by an authority figure, as defined in §
39-13-532;
(xxxiii) Promoting travel for prostitution, as defined in § 39-
13-533;
(xxxiv) Unlawful photographing in violation of privacy, as
defined in § 39-13-605, when the offense is a felony offense;
(xxxv) Observation without consent, as defined in § 39-13-
607, when the offense is a felony offense;
(xxxvi) Especially aggravated burglary, as defined in § 39-
13-1004;
(xxxvii) Aggravated arson, as defined in § 39-14-302;
(xxxviii) Incest, as defined in § 39-15-302;
(xxxix) Child abuse or child neglect or endangerment, as
defined in § 39-15-401, when the offense is a felony offense;
(xl) Aggravated child abuse or aggravated child
endangerment or neglect, as defined in § 39-15-402;

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(xli) Using a minor to produce, import, prepare, distribute,
process, or appear in obscene material, as defined in § 39-17-
902(b);
(xlii) Unlawful sale, distribution, or transportation with
intent to sell or distribute a child-like sex doll, as defined in § 39-
17-910(f);
(xliii) Sexual exploitation of a minor, as defined in § 39-17-
1003;
(xliv) Aggravated sexual exploitation of a minor, as defined
in § 39-17-1004;
(xlv) Especially aggravated sexual exploitation of a minor,
as defined in § 39-17-1005; and
(xlvi) The following offenses when the offense is a felony
offense:
(a) Facilitation, under § 39-11-403, to commit any
of the offenses listed in this subdivision (a)(3)(A) or first
degree murder, as defined in § 39-13-202;
(b) Criminal attempt, under § 39-12-101, to commit
any of the offenses listed in this subdivision (a)(3)(A) or
first degree murder, as defined in § 39-13-202;
(c) Solicitation, under § 39-12-102, to commit any
of the offenses listed in this subdivision (a)(3)(A) or first
degree murder, as defined in § 39-13-202; and

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(d) Conspiracy, under § 39-12-103, to commit any
of the offenses listed in this subdivision (a)(3)(A) or first
degree murder, as defined in § 39-13-202;
(B) The following offenses, each of which results in the defendant
receiving one-half (1/2) strike:
(i) Aggravated assault, as defined in § 39-13-
102(a)(1)(A)(iii) or § 39-13-102(a)(1)(B)(iii), if the offense involved
the use of a deadly weapon;
(ii) Aggravated assault, as defined in § 39-13-
102(a)(1)(A)(iv);
(iii) Aggravated assault, as defined in § 39-13-102, if the
offense resulted in serious bodily injury to or the death of another;
(iv) Aggravated assault against a first responder or nurse,
as defined in § 39-13-116(b)(3), if the offense involved the use of
a deadly weapon;
(v) Aggravated assault against a first responder or nurse,
as defined in § 39-13-116(b)(1), (b)(2), or (b)(4);
(vi) Voluntary manslaughter, as defined in § 39-13-211;
(vii) Criminally negligent homicide, as defined in § 39-13-
212;
(viii) Vehicular homicide, as defined in § 39-13-213(a)(1),
(a)(3), or (a)(4);
(ix) Reckless homicide, as defined in § 39-13-215;
(x) Involuntary labor servitude, as defined in § 39-13-307;

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(xi) Trafficking persons for forced labor or services, as
defined in § 39-13-308;
(xii) Aggravated burglary, as defined in § 39-13-1003;
(xiii) The manufacture, delivery, or sale of a controlled
substance, as defined in § 39-17-417, where the instant offense is
classified as a Class A, B, or C felony and the person has two (2)
or more prior convictions for the manufacture, delivery, or sale of a
controlled substance classified as a Class A, B, or C felony,
pursuant to § 39-17-417, prior to or at the time of committing the
instant offense;
(xiv) Possessing or using a firearm or antique firearm
during commission of or attempt to commit a dangerous felony, as
defined in § 39-17-1324; and
(xv) Driving under the influence with six (6) prior
convictions, as defined in § 55-10-401; and
(C) The following offenses, each of which results in the defendant
receiving one-quarter (1/4) strike:
(i) Any other felony offense; and
(ii) The following offenses, when the offense is a
misdemeanor offense:
(a) Facilitation, under § 39-11-403, to commit any
of the offenses listed in subdivision (a)(3)(A);
(b) Criminal attempt, under § 39-12-101, to commit
any of the offenses listed in subdivision (a)(3)(A);

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(c) Solicitation, under § 39-12-102, to commit any
of the offenses listed in subdivision (a)(3)(A); and
(d) Conspiracy, under § 39-12-103, to commit any
of the offenses listed in subdivision (a)(3)(A).
(b) In determining the number of strikes applicable to a defendant for purposes
of sentencing pursuant to subsection (c), the court shall consider whether the defendant
has had a three-year period of time with no criminal convictions. For each three-year
period of time with no criminal convictions, the court shall deduct one-half (1/2) strike
from the defendant's total number of strikes accumulated for offenses listed in
subdivision (a)(3)(B) or (a)(3)(C).
(c) The court shall sentence a defendant who has been convicted of a violent
offense that occurred on or after July 1, 2026, and that, in combination with prior
convictions for violent offenses, results in the defendant having three (3) or more strikes,
at least two (2) of which are for offenses listed in subdivision (a)(3)(A), to imprisonment
for life if the court finds beyond a reasonable doubt that the defendant is a repeat violent
offender.
(d) The finding that a defendant is or is not a repeat violent offender is
appealable by either party.
(e) In determining the appropriate sentence for a defendant, the sentencing
court shall determine whether the defendant is required to be sentenced as a repeat
violent offender under this section or § 40-35-120. If the defendant is required to be
sentenced as a repeat violent offender under only one (1) such statute, then the court
shall sentence the defendant pursuant to the statute that requires sentencing as a repeat
violent offender. If the defendant is required to be sentenced as a repeat violent

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offender under both statutes, then the defendant shall be sentenced pursuant to § 40-
35-120.
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to sentencing for offenses occurring on or after that date.