Official Summary Text
CIVIL RIGHTS INTIMIDATION
Present law provides that a person commits a Class D felony offense of intimidating others from exercising civil rights who does any of the following:
Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of this state.
Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of this state.
Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of this state.
Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of this state.
This bill adds to the above offense of intimidating others by provid
ing that a person also commits the offense of intimidating others from exercising civil rights who litters or trespasses upon any real or personal property of another person with the intent to unlawfully intimidate another from the free exercise or enjoym
e
nt of any right or privilege secured by the constitution or laws of this state, or litters or trespasses upon any real or personal property of another person with the intent to unlawfully intimidate another because that other exercised any right or privil
e
ge secured by the constitution or laws of the United States or the constitution or laws of this state. This bill classifies these violations as Class A misdemeanors. Under this bill, "litters" means places, drops, or throws garbage, refuse, rubbish, uns
o
licited flyers, or other waste material on any public or private property without permission.
OBSTRUCTION OF JUSTICE
This bill authorizes a law enforcement officer to ask a person to identify themselves if the officer has reasonable suspicion to believe
that the person has violated or is violating a state law or local ordinance. Due to the law enforcement officer's reasonable suspicion, the officer is further authorized to ask the suspect to provide the suspect's name verbally or to otherwise provide t
h
e suspect's name by other means. Under this bill, a person commits an offense who (i) refuses to give the person's name to a law enforcement officer who has lawfully detained or arrested the person and requested the information, or (ii) gives a false or
f
ictitious name to a law enforcement officer who has lawfully detained or arrested the person. This bill classifies these violations as Class D misdemeanors.
However, this bill does not prohibit a person's failure or inability to produce a physical for
m of identification or driver license to a police or peace officer requesting identification pursuant to the above provisions, if the person attempts to otherwise comply with the officer's request to provide the person's identity verbally or in any other
m
anner.
This bill creates a Class B misdemeanor for a person to intentionally approach, within 25 feet, a law enforcement officer who is lawfully engaged in the execution of the officer's official duties after the officer has ordered the person to stop
approaching or to retreat. However, under this bill, it is an affirmative defense to this offense that the lawful order by the law enforcement officer was not received or understood by the person and was not capable of being received or understood under
t
he conditions and circumstances that existed at the time of the issuance of the order.
OPERATION OF VEHICLES
This bill creates a Class B misdemeanor for a person transporting another in the cargo area of a box truck on the streets of any municipality, r
oads of any county, or the highways of this state. Under this bill, a "box truck" means a moving van or other vehicle that is manufactured with an enclosed cargo area that is connected to the passenger area with a one-piece design or attached to the chas
s
is with two-piece construction, and the cargo area (i) is designed primarily for the transportation of property, and (ii) does not have seats or safety belts designed to accommodate a passenger.
HIGHWAY OBSTRUCTION
This bill creates a Class B misdemean
or for placing a sign, signal, or marking over a highway or to affix or attach a sign, signal, or marking to a bridge, overpass, or tunnel without written authorization from the entity that maintains the highway, bridge, overpass, or tunnel.
PEACE OFFICER
S
Present law authorizes a peace officer to arrest and take a person into custody if a reasonable likelihood exists that the arrested person will fail to appear in court or the prosecution of the offense for which the person was arrested, or of another o
ffense, would thereby be jeopardized. This bill adds to this provision by authorizing the officer to arrest and take a person into custody if the officer has probable cause to believe the person committed an offense, regardless of whether the offense was
committed in the officer's presence.
CITATIONS
Present law requires an officer to note the reason for not issuing a citation on an arrest ticket whenever the officer makes a physical arrest for a misdemeanor and the officer determines that a citation cannot be issued due to any of the following reasons:
The person arrested requires medical examination or medical care, or if the person is unable to care for the person's own safety.
There is a reasonable likelihood that the offense would continue or resume, or that persons or property would be endangered by the arrested person.
The person arrested cannot or will not offer satisfactory evidence of identification, including the providing of a field-administered fingerprint or thumbprint which a peace officer may require to be affixed to any citation.
The person demands to be taken immediately before a magistrate or refuses to sign the citation.
The person arrested is so intoxicated that the person could be a danger to the person's own self or to others.
There are one or more outstanding arrest warrants for the person.
The person is subject to arrest due to laws detaining driver involved in accidents involving serious bodily injury or death if the driver does not have a valid driver license and evidence of financial responsibility.
Present law provides that an officer who, on the basis of facts reasonably known or reasonably believed to exist, determines that a citation cannot be issued because of any of the reasons enumerated above is not subject to civil or criminal liability for false arrest, false imprisonment or unlawful detention. This bill expands this provision by also providing such immunity to an officer who, on the basis of facts reasonably known or reasonably believed to exist, determines that a citation should not be issued.
ON APRIL 14, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 30, AS AMENDED.
AMENDMENT #1 makes the following revisions:
Removes the provision providing that a person commits
an offense who intentionally refuses to give the person's name to a law enforcement officer who has lawfully detained or arrested the person and requested the information.
Revises the provision providing that a
person's failure or inability to produce a physical form of identification or driver license to a police or peace officer requesting identification is not a violation
of giving a false or fictitious name to an law enforcement officer
if the person attempts to otherwise comply with the officer's request to provide the person's identity verbally or in any other manner
, by removing the qualifying language "
if the person attempts to otherwise comply with the officer's request to provide the person's identity verbally or in any other manner
".
Revises the provision providing that a person commits an offense who
intentionally approaches, within
25
feet a law enforcement officer
after the officer has ordered the person to stop approaching or to retreat and the officer is lawfully engaged in the execution of official duties
, by limiting such offense to when the officer
is lawfully engaged in the execution of official duties involving
(i) a lawful traffic stop
,
(ii) an active investigation of the scene of an alleged crime
,
or
(iii) an ongoing and immediate threat to public safety.
Adds that an
officer may, without a warrant, arrest a person
w
hen
the
officer has probable cause to believe a person has committed a misdemeanor, regardless of whether the offense was committed in the officer's presence.
Removes the provision providing immunity to
an officer who, on the basis of facts reasonably known or reasonably believed to exist, determines that a citation should not be issued
to, instead, provide the following:
Whenever an officer makes a physical arrest for a misdemeanor and the officer determines that a citation cannot
or should not
be issued because of one of the reasons enumerated
in law,
the officer
must
note the reason for not issuing a citation on the arrest ticket.
An officer who, on the basis of facts reasonably known or reasonably believed to exist, determines that a citation cannot
or should not
be issued because of one of the reasons enumerated in
law is not
subject to civil or criminal liability for false arrest, false imprisonment
,
or unlawful detention.
Current Bill Text
Read the full stored bill text
HOUSE BILL 55
By Lamberth
SENATE BILL 30
By Pody
SB0030
000757
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 39;
Title 40; Title 54 and Title 55, relative to criminal
offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-309(b), is amended by adding
the following new subdivisions:
(5) Litters or trespasses upon any real or personal property of another person
with the intent to unlawfully intimidate another from the free exercise or enjoyment of any
right or privilege secured by the constitution or laws of the state of Tennessee; or
(6) Litters or trespasses upon any real or personal property of another person
with the intent to unlawfully intimidate another because that other exercised any right or
privilege secured by the constitution or laws of the United States or the constitution or
laws of the state of Tennessee.
SECTION 2. Tennessee Code Annotated, Section 39-17-309, is amended by adding
the following new subsection:
( ) As used in this section, "litters" means places, drops, or throws garbage,
refuse, rubbish, unsolicited flyers, or other waste material on any public or private
property without permission.
SECTION 3. Tennessee Code Annotated, Section 39-17-309(d), is amended by
deleting the subsection and substituting:
(1) A violation of subdivisions (b)(1)–(4) is a Class D felony.
(2) A violation of subdivision (b)(5) or (6) is a Class A misdemeanor.
(3) A violation of subsection (c) is a Class A misdemeanor.
- 2 - 000757
SECTION 4. Tennessee Code Annotated, Title 39, Chapter 16, Part 6, is amended by
adding the following new section:
(a) A law enforcement officer may ask a person to identify themselves if the
officer has reasonable suspicion to believe that the person has violated or is violating a
state law or local ordinance.
(b) Pursuant to the law enforcement officer's reasonable suspicion, the officer
may ask the suspect to provide the suspect's name verbally or to otherwise provide the
suspect's name by other means.
(c) A person commits an offense who intentionally refuses to give the person's
name to a law enforcement officer who has lawfully detained or arrested the person and
requested the information.
(d) A person commits an offense who intentionally gives a false or fictitious
name to a law enforcement officer who has lawfully detained or arrested the person.
(e) A violation of subsection (c) or (d) is a Class C misdemeanor.
(f) A person's failure or inability to produce a physical form of identification or
driver license to a police or peace officer requesting identification is not a violation of
subsection (c) or (d) if the person attempts to otherwise comply with the officer's request
to provide the person's identity verbally or in any other manner.
SECTION 5. Tennessee Code Annotated, Title 39, Chapter 16, Part 6, is amended by
adding the following new section:
(a) A person commits an offense who intentionally approaches, within twenty-
five feet (25'), a law enforcement officer who is lawfully engaged in the execution of the
officer's official duties after the officer has ordered the person to stop approaching or to
retreat.
- 3 - 000757
(b) It is an affirmative defense to a violation of subsection (a) that the lawful
order was not received or understood by the person and was not capable of being
received or understood under the conditions and circumstances that existed at the time
of the issuance of the order.
(c) A violation of subsection (a) is a Class B misdemeanor.
SECTION 6. Tennessee Code Annotated, Title 55, Chapter 8, Part 2, is amended by
adding the following new section:
(a) A person commits an offense who, on the streets of any municipality, roads
of any county, or the highways of this state, transports another in the cargo area of a box
truck.
(b) A violation of subsection (a) is a Class B misdemeanor.
(c) As used in this section, "box truck" means a moving van or other vehicle that
is manufactured with an enclosed cargo area that is connected to the passenger area
with a one-piece design or attached to the chassis with two-piece construction, and the
cargo area:
(1) Is designed primarily for the transportation of property; and
(2) Does not have seats or safety belts designed to accommodate a
passenger.
SECTION 7. Tennessee Code Annotated, Title 39, Chapter 17, Part 3, is amended by
adding the following new section:
(a) It is an offense to place a sign, signal, or marking over a highway or to affix
or attach a sign, signal, or marking to a bridge, overpass, or tunnel without written
authorization from the entity that maintains the highway, bridge, overpass, or tunnel.
(b) A violation of subsection (a) is a Class B misdemeanor.
- 4 - 000757
SECTION 8. Tennessee Code Annotated, Section 40-7-118(c), is amended by adding
the following new subdivision:
(3) The peace officer has probable cause to believe the person committed an
offense, regardless of whether the offense was committed in the peace officer's
presence.
SECTION 9. Tennessee Code Annotated, Section 40-7-118(k), is amended by
redesignating the subsection as subdivision (k)(1) and adding the following:
(2) Whenever an officer makes a physical arrest for a misdemeanor and the
officer determines that a citation should not be issued as provided in subsection (c), the
officer shall note the reason for not issuing a citation on the arrest ticket. An officer who,
on the basis of facts reasonably known or reasonably believed to exist, determines that
a citation should not be issued as provided in subsection (c) shall not be subject to civil
or criminal liability for false arrest, false imprisonment, or unlawful detention.
SECTION 10. This act takes effect July 1, 2025, the public welfare requiring it.