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SB1233 • 2026

Criminal Offenses

AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5; Title 36; Title 37; Title 38; Title 39; Title 40 and Title 53, relative to criminal justice.

Crime
Active

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

Sponsor
Johnson, Lamberth
Last action
2025-05-15
Official status
Effective date(s) 07/01/2025
Effective date
Not listed

Plain English Breakdown

The bill summary and official digest do not provide specific details about the protection of crime scenes related to drug overdoses or the administration of opioid antagonists. These points were removed as they are not supported by the provided sources.

Changes to Criminal Justice Laws

This bill modifies Tennessee's criminal justice laws by adding stricter penalties for certain drug offenses and providing longer-term protection orders for domestic abuse victims.

What This Bill Does

  • Requires individuals convicted of knowingly possessing or exchanging fentanyl-related substances to serve at least 30 days in jail before being eligible for a drug court program.
  • Allows police officers to keep someone arrested for possessing dangerous drugs like fentanyl in custody instead of issuing them a citation.
  • Enables victims of domestic abuse to file petitions for lifetime protection orders even if their abuser has not been convicted yet.

Who It Names or Affects

  • People who possess or exchange fentanyl-related substances
  • Victims of domestic abuse and their abusers

Terms To Know

Fentanyl
A strong pain medicine that can be very dangerous if not used correctly.
Drug court program
A special court for people who have drug problems and need help to stop using drugs.

Limits and Unknowns

  • The bill does not specify how long a victim of domestic abuse must wait before getting a protection order if the abuser is not convicted.
  • It's unclear what happens if someone violates rules about protecting crime scenes where drug overdoses occurred.

Amendments

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

Amendment 1-0 to HB1232

Plain English: The amendment adds new penalties and provisions for certain opioid substances like fentanyl and allows for alternative sentencing options.

  • Adds a mandatory minimum sentence of thirty days for violations involving specific opioids such as fentanyl, with the requirement to serve at least one hundred percent of this time.
  • Allows individuals sentenced under these provisions to participate in drug or recovery courts and receive credit towards their sentence through participation in approved treatment programs.
  • Modifies existing laws to exclude certain opioid-related offenses from some legal protections.
  • The full extent of how this amendment will affect current sentencing practices is not fully detailed in the provided text.
Amendment 2-0 to HB1232

Plain English: The amendment changes penalties for certain fentanyl-related offenses and clarifies exceptions for drug court participation and victim petitions.

  • Increases the minimum sentence to thirty days with no parole for violations involving specific types of fentanyl derivatives, requiring full service of this time before eligibility for drug or recovery programs.
  • Excludes certain fentanyl-related offenses from a provision that would otherwise apply under § 40-7-118(b)(2).
  • Adds new provisions allowing victims to file petitions with criminal courts prior to conviction and sets conditions for when these hearings can occur.
  • Clarifies that administering naloxone or other opioid antagonists during an overdose does not violate laws related to disturbing crime scenes.
  • The amendment text is complex, making it difficult to summarize all changes without potential oversimplification.
Amendment 1-0 to SB1233

Plain English: The amendment adds new penalties and provisions for certain opioid substances like fentanyl and allows for alternative sentencing options.

  • Adds a mandatory minimum sentence of thirty days for violations involving specific opioids such as fentanyl, with the requirement to serve at least one hundred percent of this time.
  • Allows individuals serving these sentences to participate in drug or recovery courts and receive credit towards their full thirty-day minimum sentence if they do so.
  • Requires courts to strongly consider ordering service of the sentence through participation in a drug court or treatment program instead of confinement, based on clinical assessments.
  • The amendment text does not provide details about how the new sentencing provisions will be enforced or monitored.
Amendment 2-0 to SB1233

Plain English: The amendment changes penalties for assaulting a law enforcement officer or first responder to include a mandatory fine and minimum jail time.

  • Changes assault against a law enforcement officer or first responder from its current classification to a Class E felony with a mandatory fine of $10,000.
  • Requires a mandatory minimum sentence of sixty days in jail for the offense.
  • Specifies that the person cannot be released until they have served the full sixty-day period.
  • The amendment removes specific language about 'first responder or' but does not provide context on what this change means, making it unclear how it affects the law.
Amendment 3-0 to SB1233

Plain English: The amendment increases penalties for certain fentanyl-related offenses and clarifies exceptions for drug court participation and victim petitions.

  • Increases the minimum sentence to thirty days with no parole eligibility for violations involving specific types of fentanyl derivatives or analogues.
  • Excludes certain fentanyl-related offenses from a provision that would otherwise apply, allowing victims to file petitions before conviction.
  • Adds new provisions regarding court jurisdiction and timing for victim petitions in criminal cases.
  • The amendment text does not provide detailed explanations of all changes, requiring readers to refer back to the original statutes for full context.

Bill History

  1. 2025-05-15 Tennessee General Assembly

    Effective date(s) 07/01/2025

  2. 2025-05-15 Tennessee General Assembly

    Pub. Ch. 462

  3. 2025-05-15 Tennessee General Assembly

    Comp. became Pub. Ch. 462

  4. 2025-05-09 Tennessee General Assembly

    Signed by Governor.

  5. 2025-05-01 Tennessee General Assembly

    Transmitted to Governor for action.

  6. 2025-04-30 Tennessee General Assembly

    Signed by H. Speaker

  7. 2025-04-29 Tennessee General Assembly

    Signed by Senate Speaker

  8. 2025-04-28 Tennessee General Assembly

    Enrolled and ready for signatures

  9. 2025-04-23 Tennessee General Assembly

    Sponsor(s) Added.

  10. 2025-04-22 Tennessee General Assembly

    Passed H., Ayes 85, Nays 10, PNV 0

  11. 2025-04-22 Tennessee General Assembly

    Am. withdrawn. (Amendment 2 - HA0339)

  12. 2025-04-22 Tennessee General Assembly

    Am. withdrawn. (Amendment 1 - HA0338)

  13. 2025-04-22 Tennessee General Assembly

    Subst. for comp. HB.

  14. 2025-04-22 Tennessee General Assembly

    Engrossed; ready for transmission to House

  15. 2025-04-22 Tennessee General Assembly

    Passed Senate as amended, Ayes 33, Nays 0

  16. 2025-04-22 Tennessee General Assembly

    Amendment withdrawn. (Amendment 2 - SA0347)

  17. 2025-04-22 Tennessee General Assembly

    Amendment withdrawn. (Amendment 1 - SA0346)

  18. 2025-04-22 Tennessee General Assembly

    Senate adopted Amendment (Amendment 3 - SA0446)

  19. 2025-04-22 Tennessee General Assembly

    Sponsor(s) Added.

  20. 2025-04-22 Tennessee General Assembly

    Comp. SB subst.

  21. 2025-04-21 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/22/2025

  22. 2025-04-21 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 11, Nays 0 PNV 0

  23. 2025-04-17 Tennessee General Assembly

    Placed on Senate Finance, Ways, and Means Committee calendar for 4/21/2025

  24. 2025-04-17 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/21/2025

  25. 2025-04-17 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/17/2025

  26. 2025-04-17 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  27. 2025-04-17 Tennessee General Assembly

    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee

  28. 2025-04-16 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/17/2025

  29. 2025-04-14 Tennessee General Assembly

    Placed on Senate Finance, Ways, and Means Committee calendar for 4/15/2025

  30. 2025-04-14 Tennessee General Assembly

    Rule #83(8) Suspended, to be heard in Senate Finance, Ways & Means Committee on 4/15/2025

  31. 2025-04-14 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/14/2025

  32. 2025-04-14 Tennessee General Assembly

    Placed behind the budget

  33. 2025-04-09 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/14/2025

  34. 2025-04-08 Tennessee General Assembly

    Assigned to s/c Finance, Ways, and Means Subcommittee

  35. 2025-04-08 Tennessee General Assembly

    Rec. for pass. if am., ref. to Finance, Ways, and Means Committee

  36. 2025-04-02 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 9, Nays 0 PNV 0

  37. 2025-04-02 Tennessee General Assembly

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

  38. 2025-04-01 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 4/2/2025

  39. 2025-04-01 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 4/2/2025

  40. 2025-04-01 Tennessee General Assembly

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

  41. 2025-03-31 Tennessee General Assembly

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

  42. 2025-03-31 Tennessee General Assembly

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

  43. 2025-03-26 Tennessee General Assembly

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

  44. 2025-03-26 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 4/2/2025

  45. 2025-03-26 Tennessee General Assembly

    Action Def. in s/c Criminal Justice Subcommittee to 4/2/2025

  46. 2025-03-19 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 3/26/2025

  47. 2025-03-19 Tennessee General Assembly

    Action Def. in s/c Criminal Justice Subcommittee to 3/26/2025

  48. 2025-03-12 Tennessee General Assembly

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

  49. 2025-03-12 Tennessee General Assembly

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

  50. 2025-03-05 Tennessee General Assembly

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

  51. 2025-02-18 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  52. 2025-02-18 Tennessee General Assembly

    Ref. to Judiciary Committee

  53. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  54. 2025-02-12 Tennessee General Assembly

    P2C, caption bill, held on desk - pending amdt.

  55. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  56. 2025-02-10 Tennessee General Assembly

    Intro., P1C.

  57. 2025-02-06 Tennessee General Assembly

    Filed for introduction

  58. 2025-02-06 Tennessee General Assembly

    Filed for introduction

Official Summary Text

ON APRIL 22, 2025, THE SENATE ADOPT
ED AMENDMENT #3 AND PASSED SENATE BILL 1233, AS AMENDED.

AMENDMENT #3 rewrites this bill to make the following changes and additions to present law concerning criminal justice:

(1) Requires that a person convicted of
knowingly possess
ing
or casually e
xchang
ing
a controlled substance

with respect to any amount of fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil, or any fentanyl derivative or analogue
must
be punished by confinement for not less 30 days, and the person shall serve at leas
t 100% of the
30
-day minimum
before participating in
a drug or recovery court
;

(2) Present law generally requires that a
peace officer who
arrests
a person for a misdemeanor issue a citation to the arrested person to appear in court in lieu of the contin
ued custody and the taking of the arrested person before a magistrate.
This amendment provides that such requirement does not apply to a person arrested for
knowingly possess
ing
or casually exchang
ing
a controlled substance

with respect to any amount of f
entanyl, carfentanil, remifentanil, alfentanil, or thiafentanil
;

(3) Authorizes a domestic abuse victim to
file a petition
for a lifetime order of protection
, prior to the respondent's conviction
for a qualifying offense
, with the court with criminal jur
isdiction over the respondent's trial for the offense on which the petition is based. The court shall cause a copy of the petition to be served upon the respondent, with notice that a hearing on the petition will be held immediately following the entry o
f
judgment, if the respondent is convicted of the offense on which the petition is based; provided, however, that a hearing must not occur for at least five days from the date of service.

If the respondent is not convicted of the offense on which the petit
ion is based, then the court
is required to
dismiss the petition. If the respondent is convicted of the offense on which the petition is based, then the court
is required to
hold a hearing
on the petition
immediately following the entry of judgment
; and

(4) Present law prohibits removing or disturbing the body or articles at the scene where it appears died by means of violence. This amendment makes such prohibition applicable to scenes where a person appears to have died as the result of a drug overdos
e
; provided, that it is not a violation for a person to administer an
opioid antagonist to an individual experiencing a drug-related overdose.

Current Bill Text

Read the full stored bill text 
HOUSE BILL 1232
By Lamberth

SENATE BILL 1233
By Johnson

SB1233
003285
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 10,
Chapter 7, Part 5; Title 36; Title 37; Title 38; Title
39; Title 40 and Title 53, relative to criminal justice.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-16-202(a)(1), is amended by
deleting "report the offense to" and substituting "report the offense in writing to".
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.