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SB0419 • 2026

Remedies and Special Proceedings

AN ACT to amend Tennessee Code Annotated, Section 29-39-102, relative to civil damage awards.

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Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Hensley, Bulso
Last action
2026-04-23
Official status
Held on desk.
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Remedies and Special Proceedings

DAMAGES IN CIVIL ACTIONS GENERALLY Present law provides that, in a civil action, each injured plaintiff may be awarded (i) compensation for economic damages suffered by each injured plaintiff, and (ii) compensation for any noneconomic damages suffered by each injured plaintiff not to exce ed $750,000 for all injuries and occurrences that were or could have been asserted, regardless of whether the action is based on a single act or omission or a series of acts or omissions that allegedly caused the injuries or death.

What This Bill Does

  • DAMAGES IN CIVIL ACTIONS GENERALLY Present law provides that, in a civil action, each injured plaintiff may be awarded (i) compensation for economic damages suffered by each injured plaintiff, and (ii) compensation for any noneconomic damages suffered by each injured plaintiff not to exce ed $750,000 for all injuries and occurrences that were or could have been asserted, regardless of whether the action is based on a single act or omission or a series of acts or omissions that allegedly caused the injuries or death.
  • This bill increases th e upper limit for noneconomic damages under this provision to $1.5 million.
  • NONECONOMIC DAMAGES UNDER COMPARATIVE FAULT Present law provides that, if multiple defendants are found liable under the principle of comparative fault, then the amount of all noneconomic damages, not to exceed $750,000 for each injured plaintiff, must be apportioned among the defendants based upo n the percentage of fault for each defendant, with certain limitations.
  • This bill increases the upper limit for noneconomic damages under this provision to $1.5 million.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB0005

Plain English: House Judiciary 1 Amendment No.

  • House Judiciary 1 Amendment No.
  • 1 to HB0005 Farmer Signature of Sponsor AMEND Senate Bill No.
  • 419 House Bill No.
  • 5* HA0369 006412 - 1 - by deleting all language after the enacting clause and substituting: SECTION 1.
Amendment 2-0 to HB0005

Plain English: House Health 1 Amendment No.

  • House Health 1 Amendment No.
  • 2 to HB0005 Terry Signature of Sponsor AMEND Senate Bill No.
  • 419 House Bill No.
  • 5* HA0673 015491 - 1 - by deleting all language after the enacting clause and substituting: SECTION 1.
Amendment 1-1 to HB0005

Plain English: Amendment No.

  • Amendment No.
  • 1 to HA0369 Bulso Signature of Sponsor AMEND Senate Bill No.
  • 419 House Bill No.
  • 5* HA0679 015696 - 1 - by deleting "July 1, 2025" and substituting "July 1, 2026" in SECTION 3.
Amendment 3-0 to HB0005

Plain English: Amendment No.

  • Amendment No.
  • 3 to HB0005 Bulso Signature of Sponsor AMEND Senate Bill No.
  • 419 House Bill No.
  • 5* HA0680 015617 - 1 - by deleting all language after the enacting clause and substituting: SECTION 1.
Amendment 4-0 to HB0005

Plain English: Amendment No.

  • Amendment No.
  • 4 to HB0005 Bulso Signature of Sponsor AMEND Senate Bill No.
  • 419 House Bill No.
  • 5* HA0750 016139 - 1 - by deleting all language after the enacting clause and substituting: SECTION 1.
Amendment 1-0 to SB0419

Plain English: Senate Judiciary 1 Amendment No.

  • Senate Judiciary 1 Amendment No.
  • 1 to SB0419 Gardenhire Signature of Sponsor AMEND Senate Bill No.
  • 419 House Bill No.
  • 5* SA0357 005576 - 1 - by deleting all language after the enacting clause and substituting: SECTION 1.

Bill History

  1. 2026-04-23 Tennessee General Assembly

    Held on desk.

  2. 2026-04-23 Tennessee General Assembly

    Placed on Senate Message Calendar 3 for 4/23/2026

  3. 2026-04-22 Tennessee General Assembly

    Conf. comm. appointed. (Reps. Bulso, Carringer, Terry, Salinas)

  4. 2026-04-22 Tennessee General Assembly

    H. Placed on Message Calendar 3 for 4/22/2026

  5. 2026-04-22 Tennessee General Assembly

    Conference Committee appointed (Hensley, Watson, Kyle)

  6. 2026-04-21 Tennessee General Assembly

    Placed on Senate Message Calendar for 4/22/2026

  7. 2026-04-20 Tennessee General Assembly

    Placed on Senate Message Calendar for 4/22/2026

  8. 2026-04-16 Tennessee General Assembly

    H. refused to recede from adopting H. am. 4

  9. 2026-04-16 Tennessee General Assembly

    H. Placed on Message Calendar 2 for 4/16/2026

  10. 2026-04-15 Tennessee General Assembly

    Senate refused to concur in amendment

  11. 2026-04-13 Tennessee General Assembly

    Placed on Senate Message Calendar for 4/15/2026

  12. 2026-04-09 Tennessee General Assembly

    Sponsor(s) Added.

  13. 2026-04-09 Tennessee General Assembly

    Senate Reset on calendar for 4/15/2026

  14. 2026-04-07 Tennessee General Assembly

    Placed on Senate Message Calendar for 4/9/2026

  15. 2026-04-02 Tennessee General Assembly

    Sponsor(s) Added.

  16. 2026-04-02 Tennessee General Assembly

    Senate Reset on calendar for 4/9/2026

  17. 2026-03-31 Tennessee General Assembly

    Placed on Senate Message Calendar for 4/2/2026

  18. 2026-03-30 Tennessee General Assembly

    Senate Reset on calendar for 4/2/2026

  19. 2026-03-27 Tennessee General Assembly

    Placed on Senate Message Calendar for 3/30/2026

  20. 2026-03-26 Tennessee General Assembly

    Passed H., as am., Ayes 71, Nays 23, PNV 1

  21. 2026-03-26 Tennessee General Assembly

    H. adopted am. (Amendment 4 - HA0750)

  22. 2026-03-26 Tennessee General Assembly

    Am. withdrawn. (Amendment 3 - HA0680)

  23. 2026-03-26 Tennessee General Assembly

    Am. withdrawn. (Amendment 2 - HA0673)

  24. 2026-03-26 Tennessee General Assembly

    Am. withdrawn. (Amendment 1 - HA0369)

  25. 2026-03-26 Tennessee General Assembly

    Subst. for comp. HB.

  26. 2026-03-26 Tennessee General Assembly

    Sponsor(s) Added.

  27. 2026-03-26 Tennessee General Assembly

    Comp. SB subst.

  28. 2026-03-26 Tennessee General Assembly

    Sponsor(s) withdrawn.

  29. 2026-03-25 Tennessee General Assembly

    Sponsor(s) Added.

  30. 2026-03-16 Tennessee General Assembly

    H. Placed on Regular Calendar for 3/26/2026

  31. 2026-03-16 Tennessee General Assembly

    Reset on cal. for 3/26/2026

  32. 2026-03-16 Tennessee General Assembly

    Sponsor(s) Added.

  33. 2026-03-12 Tennessee General Assembly

    H. Placed on Regular Calendar for 3/16/2026

  34. 2026-03-11 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 3/12/2026

  35. 2026-03-11 Tennessee General Assembly

    Sponsor(s) Added.

  36. 2026-03-10 Tennessee General Assembly

    Rec. for pass. if am., ref. to Calendar & Rules Committee

  37. 2026-03-04 Tennessee General Assembly

    Placed on cal. Health Committee for 3/10/2026

  38. 2026-03-03 Tennessee General Assembly

    Action def. in Health Committee to 3/10/2026

  39. 2026-02-25 Tennessee General Assembly

    Placed on cal. Health Committee for 3/3/2026

  40. 2026-02-25 Tennessee General Assembly

    Sponsor(s) Added.

  41. 2026-02-17 Tennessee General Assembly

    Sponsor(s) Added.

  42. 2026-02-10 Tennessee General Assembly

    Action def. in Health Committee to 3/3/2026

  43. 2026-02-04 Tennessee General Assembly

    Placed on cal. Health Committee for 2/10/2026

  44. 2026-02-04 Tennessee General Assembly

    Sponsor(s) Added.

  45. 2026-02-03 Tennessee General Assembly

    Action def. in Health Committee to 2/10/2026

  46. 2026-01-28 Tennessee General Assembly

    Placed on cal. Health Committee for 2/3/2026

  47. 2026-01-23 Tennessee General Assembly

    Meeting Canceled

  48. 2026-01-21 Tennessee General Assembly

    Placed on cal. Health Committee for 1/27/2026

  49. 2026-01-14 Tennessee General Assembly

    Sponsor(s) Added.

  50. 2025-04-10 Tennessee General Assembly

    Rcvd. from S., held on H. desk.

  51. 2025-04-09 Tennessee General Assembly

    Engrossed; ready for transmission to House

  52. 2025-04-09 Tennessee General Assembly

    Sponsor(s) Added.

  53. 2025-04-09 Tennessee General Assembly

    Passed Senate as amended, Ayes 25, Nays 5

  54. 2025-04-09 Tennessee General Assembly

    Senate adopted Amendment (Amendment 1 - SA0357)

  55. 2025-04-09 Tennessee General Assembly

    Sponsor(s) Added.

  56. 2025-04-09 Tennessee General Assembly

    Rec. for pass. if am., ref. to Health Committee

  57. 2025-04-07 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/9/2025

  58. 2025-04-02 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 4/9/2025

  59. 2025-04-02 Tennessee General Assembly

    Action def. in Judiciary Committee to 4/9/2025

  60. 2025-04-01 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 6, Nays 2 PNV 0

  61. 2025-03-31 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 4/1/2025

  62. 2025-03-31 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 4/1/2025

  63. 2025-03-26 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/31/2025

  64. 2025-03-26 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 4/2/2025

  65. 2025-03-26 Tennessee General Assembly

    Action def. in Judiciary Committee to 4/02/2025

  66. 2025-03-24 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 4/1/2025

  67. 2025-03-19 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/24/2025

  68. 2025-03-19 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/26/2025

  69. 2025-03-19 Tennessee General Assembly

    Rec for pass if am by s/c ref. to Judiciary Committee

  70. 2025-03-12 Tennessee General Assembly

    Placed on s/c cal Civil Justice Subcommittee for 3/19/2025

  71. 2025-03-12 Tennessee General Assembly

    Action Def. in s/c Civil Justice Subcommittee to 3/19/2025

  72. 2025-03-05 Tennessee General Assembly

    Sponsor change.

  73. 2025-03-05 Tennessee General Assembly

    Placed on s/c cal Civil Justice Subcommittee for 3/12/2025

  74. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  75. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  76. 2025-01-28 Tennessee General Assembly

    Filed for introduction

  77. 2025-01-28 Tennessee General Assembly

    Assigned to s/c Civil Justice Subcommittee

  78. 2025-01-16 Tennessee General Assembly

    Ref. to Judiciary Committee - Health Committee

  79. 2025-01-15 Tennessee General Assembly

    P2C held on desk, pending appointment of Standing Committees

  80. 2025-01-14 Tennessee General Assembly

    Intro., P1C.

  81. 2024-11-06 Tennessee General Assembly

    Filed for introduction

Official Summary Text

DAMAGES IN CIVIL ACTIONS GENERALLY

Present law provides that, in a civil action, each injured plaintiff may be awarded (i) compensation for economic damages suffered by each injured plaintiff, and (ii) compensation for any noneconomic damages suffered by each injured plaintiff not to exce
ed $750,000 for all injuries and occurrences that were or could have been asserted, regardless of whether the action is based on a single act or omission or a series of acts or omissions that allegedly caused the injuries or death. This bill increases th
e
upper limit for noneconomic damages under this provision to $1.5 million.

NONECONOMIC DAMAGES UNDER COMPARATIVE FAULT

Present law provides that, if multiple defendants are found liable under the principle of comparative fault, then the amount of all noneconomic damages, not to exceed $750,000 for each injured plaintiff, must be apportioned among the defendants based upo
n the percentage of fault for each defendant, with certain limitations. This bill increases the upper limit for noneconomic damages under this provision to $1.5 million.

NONECONOMIC DAMAGES FOR CATASTROPHIC INJURY OR LOSS

Present law provides that, if an injury or loss is catastrophic in nature, the $750,000 amount limiting noneconomic damages, as set forth in the provisions above is increased to, but must not exceed, $1 million. As used in present law, "catastrophic los
s or injury" means (i) spinal cord injury resulting in paraplegia or quadriplegia; (ii) amputation of two hands, two feet, or one of each; (iii) third degree burns over 40% or more of the body as a whole or third degree burns up to 40% percent or more of
th
e face; or (iv) wrongful death of a parent leaving a surviving minor child or children for whom the deceased parent had lawful rights of custody or visitation. This bill increases the upper limit for noneconomic damages under this provision to $2 million.

LIMITS FOR NONECONOMIC DAMAGES GENERALLY

Present law prohibits all noneconomic damages awarded to each injured plaintiff, including damages for pain and suffering, as well as any claims of a spouse or children for loss of consortium or any derivative claim for noneconomic damages, from exceedin
g in the aggregate a total of $750,000, unless catastrophic injury or loss applies, in which case the aggregate amount must not exceed $1 million. This bill increases the upper limit for noneconomic damages under this provision to match the new upper lim
it
s of $1.5 million and $2 million that are described above.

APPLICABILITY

This bill applies to actions accruing on or after July 1, 2025.

ON APRIL 9, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 419, AS AMENDED.

AMENDMENT #1 rewrites the bill to, instead, make the following revisions to present law:



Defines, for purposes of civil damage awards, "catastrophic loss or injury" to include wrongful death of an unborn child at any stage of gestation in utero when mifepristone or misoprostol is sent directly to a patient by a defendant via courier, delivery, or mail service in violation of law.



Clarifies that this amendment does not prohibit the lawful use of mifepristone or misoprostol by a pharmacist or physician.



Clarifies that this amendment does not apply to (i) a pharmacist, (ii) a physician, (iii) a motor carrier or freight forwarder, or (iv) an air carrier.



Applies this amendment to a cause of action filed on or after July 1, 2025.

ON MARCH 26, 2026, THE HOUSE SUBSTITUTED SENATE BILL 419 FOR HOUSE BILL 5, ADOPTED AMENDMENT #4, AND PASSED SENATE BILL 419, AS AMENDED.

AMENDMENT #4 rewrites this bill to remove the $750,000 limit on non-economic damages that can be awarded for sending an abortion-inducing drug into the state by courier, delivery, or mail service. It also requires, in a wrongful death action in which the
defendant violated the present law prohibition against providing an abortion-inducing drug to a patient via courier, delivery, or mail service that, if the patient, or other wrongful death beneficiary, proves by a preponderance of the evidence that the a
b
ortion-inducing drug caused the death of a person, then the court must award to the patient, or other wrongful death beneficiary, a judgment of $1,000,000 in statutory damages against the defendant. The unlimited non-economic damages and mandatory award
of statutory damages do not apply to actions brought against: a pharmacist; a physician; a motor carrier or freight forwarder; or an air carrier.

This amendment specifies that it does not:

(1) Create a new health care liability action;

(2) Modify or expand the standard of care applicable to a healthcare provider;

(3) Establish negligence per se for a health care liability action;

(4) Alter an evidentiary burden;

(5) Affect the limitations on the amount of noneconomic damages; or

(6) Otherwise expand liability.

ON APRIL 15, 2026, THE SENATE NON-CONCURRED IN HOUSE AMENDMENT #4.

ON APRIL 16, 2026, THE HOUSE REFUSED TO RECEDE IN ITS ACTIONS IN ADOPTING HOUSE AMENDMENT #4.

ON APRIL 22, 2026, THE SENATE APPOINTED A CONFERENCE COMMITTEE.

ON APRIL 22, 2026, THE HOUSE APPOINTED A CONFERENCE COMMITTEE.

Current Bill Text

Read the full stored bill text 
HOUSE BILL 5
By Bulso

SENATE BILL 419
By Hensley

SB0419
000121
- 1 -

AN ACT to amend Tennessee Code Annotated, Section
29-39-102, relative to civil damage awards.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 29-39-102(a)(2), is amended by
deleting "seven hundred fifty thousand dollars ($750,000)" and substituting "one million five
hundred thousand dollars ($1,500,000)".
SECTION 2. Tennessee Code Annotated, Section 29-39-102(b), is amended by
deleting "seven hundred fifty thousand dollars ($750,000)" and substituting "one million five
hundred thousand dollars ($1,500,000)".
SECTION 3. Tennessee Code Annotated, Section 29-39-102(c), is amended by
deleting "one million dollars ($1,000,000)" and substituting "two million dollars ($2,000,000)".
SECTION 4. Tennessee Code Annotated, Section 29-39-102(e), is amended by
deleting "seven hundred fifty thousand dollars ($750,000)" and substituting "one million five
hundred thousand dollars ($1,500,000)" and by deleting "one million dollars ($1,000,000)" and
substituting "two million dollars ($2,000,000)".
SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to actions accruing on or after that date.