Criminal Offenses

Plain English Breakdown

The official summary does not provide specific details on the extent to which judicial processes will be changed beyond expanding the definition of 'victim'.

Changes to Criminal Justice Laws in Tennessee

This bill changes laws related to criminal justice by limiting when certain witnesses can be excluded from court proceedings and expanding definitions of 'victim' for restitution and compensation purposes.

What This Bill Does

• Limits the ability of a judge to exclude specific types of people, like victims or their representatives, from being present during legal proceedings.
• Expands the definition of 'victim' in restitution orders to include law enforcement agencies that spend money on investigations involving controlled substances or contraband.
• Adds new offenses to the list of crimes eligible for criminal injury compensation payments if they result in serious bodily harm or death.

Who It Names or Affects

• Victims of crimes
• Law enforcement agencies conducting investigations involving controlled substances or contraband
• Judges and courts handling criminal cases

Terms To Know

victim

A person who has suffered harm due to a crime, including immediate family members of minor or homicide victims.

restitution

Money ordered by the court for a defendant to pay to a victim as part of their punishment.

Limits and Unknowns

• The bill does not specify how much additional funding will be needed for criminal injury compensation payments.
• It is unclear what specific changes this act will bring to judicial processes beyond expanding the definition of 'victim'.

Official Summary Text

Present law authorizes a
magistrate
to
exclud
e
witnesses during the examination of other witnesses or of the defendant
if
the magistrate

think
s doing so is
best for the attainment of justice
. This bill prohibits a magistrate from so excluding any of the following witnesses
:



A party who is a natural person
.



A person designated by counsel for a party that is not a natural person
.



A person whose presence is shown by a party to be essential to the presentation of the party's cause
.



A victim of a criminal offense or, if the victim is unable to attend, the representative of a victim, when the representative has been selected by the victim, the victim's guardian, or the victim's family, and is in addition to
a
person designated by counsel for a party that is not a natural person
.

RESTITUTION

Present law authorizes a
sentencing court
to
direct a defendant to make restitution to the victim of the offense as a condition of probation.
This bill adds that a "victim" includes a
law enforcement agency that expends funds for the purchase of controlled substances or other items of contraband during investigations into criminal activity.

CRIMINAL INJURIES
COMPENSATION
PAYMENTS

Present law requires a criminal injuries
compensation
payment

to
be made to
a
claimant for personal injury to or death of the victim
that
resulted from
certain offenses. This bill adds both of the following offenses to the list of actions:



A
crime
that
involved the offense of evading arrest, which directly resulted in serious bodily injury or death to the victim
.



A
crime
that
involved the offense of vehicular homicide
,
which directly resulted in serious bodily injury or death to the victim
.

For purposes of this bill, "v
ehicular homicide
" means
the reckless killing of another by the operation of an automobile, airplane,
boat
, or other motor vehicle, as the proximate result of
any of the following:



Conduct creating a substantial risk of death or serious bodily injury to a person
.



As the proximate result of conduct constituting the offense of drag racing
.



The 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.

JUDICIAL PROCESS

Present law provides that a
person commits an offense who harms or threatens to harm an individual involved in the judicial process or a family member of such person with the intent to impede, intimidate, interfere with, or retaliate against the individual in connection with the in
dividual's participation in the judicial process.
This bill adds that an "i
ndividual involved in the judicial process
" includes any of the following
victim
s:



A
n individual who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a crime or an immediate family member of a minor victim or a homicide victim
.



A natural person against whom a crime was committed. If the victim is a minor, then the parent or legal guardian of the minor; or if the victim is deceased or is physically or emotionally unable to exercise the victim's rights, then
a
family member
or
person who resided with the victim
.

For purposes of the above paragraph, a "v
ictim
"
does not include a person charged with
,
or alleged to have committed
,
the crime or who is charged with some form of criminal responsibility for commission of the crime.

Current Bill Text

HOUSE BILL 2367
By Doggett

SENATE BILL 1928
By Taylor
SB1928
010888
- 1 -

a*29,39,40
AN ACT to amend Tennessee Code Annotated, Title 29;
Title 39 and Title 40, relative to criminal justice.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-10-103, is amended by
designating the current language as subsection (a) and adding the following new subsection (b):
(b) This section does not authorize the exclusion of:
(1) A party who is a natural person;
(2) A person designated by counsel for a party that is not a natural
person;
(3) A person whose presence is shown by a party to be essential to the
presentation of the party's cause; or
(4) A victim of a criminal offense or, if the victim is unable to attend, the
representative of a victim, when the representative has been selected by the
victim, the victim's guardian, or the victim's family, and is in addition to the state's
designated witness pursuant to subdivision (b)(2).
SECTION 2. Tennessee Code Annotated, Section 40-35-304, is amended by deleting
subdivision (e)(2) and substituting:
(2) "Victim" includes:
(A) A reciprocal, as defined in § 56-16-102, whether or not formed under
the laws of this state, when the reciprocal has compensated a subscriber for loss
incurred as a result of the offense, to the extent that the reciprocal paid the
compensation to the subscriber; and

- 2 - 010888

(B) A law enforcement agency that expends funds for the purchase of
controlled substances or other items of contraband during investigations into
criminal activity.
SECTION 3. Tennessee Code Annotated, Section 29-13-104(1), is amended by adding
the following new subdivisions:
(D) The crime involved the offense of evading arrest under § 39-16-603(b),
which directly resulted in serious bodily injury or death to the victim; or
(E) The crime involved the offense of vehicular homicide under § 39-13-
213(a)(1), (a)(3), or (a)(4), which directly resulted in serious bodily injury or death to the
victim;
SECTION 4. Tennessee Code Annotated, Section 39-16-510(a)(2)(B), is amended by
adding the following new subdivision:
(xiv) A victim, as defined in § 40-38-302 or § 40-38-203.
SECTION 5. This act takes effect July 1, 2026, the public welfare requiring it.