Official Summary Text
Present law provides that any of the
following constitutes s
econd degree murder
:
The
knowing killing of another
.
The
killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user
.
The
killing of another by unlawful distribution or unlawful delivery or unlawful dispensation of fentanyl or carfentanil, when those substances alone, or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, including controlled substance analogs, is the proximate cause of the death of the user.
Present law classifies s
econd degree murder
as
a Class A felony
, which is generally punishable by 15 to 60 years in prison and a potential
fine
of up to
$50,000
.
However, when
the victim is a minor
, such convicted person
must
be punished from within one range higher than the sentencing range otherwise appropriate for the person.
Generally, t
he 15
-
to
-
60
-
year span
for imprisonment for a Class A felony
is divided into
the
three ranges
of
Range I, Range II
,
and Range III.
The range determination is based up
on the number of prior convictions which, in turn, determines the potential span for that particular offender.
For a Class A felony, a
Range I sentence is 15 to 25 years
, a
Range II sentence is 25 to 40 years, and a Range III sentence is 40 to 60 years.
For
acts committed on or after
July 1, 2026, this bill requires
a person convicted of
s
econd degree murder
to
be punished as a Range II offender
.
H
owever, the sentence imposed upon such person
must be at least within Range II and
may, if appropriate, be within Range III
.
Current Bill Text
Read the full stored bill text
HOUSE BILL 1871
By Atchley
SENATE BILL 1930
By Taylor
SB1930
010886
- 1 -
AN ACT to amend Tennessee Code Annotated, Section
39-13-210 and Title 40, relative to second degree
murder.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-13-210(c), is amended by adding
the following as a new subdivision:
(3) Notwithstanding title 40, chapter 35, a person convicted of a violation of
subdivision (a)(1) shall be punished as a Range II offender; however, the sentence
imposed upon such person may, if appropriate, be within Range III but in no case shall it
be lower than Range II.
SECTION 2. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to acts committed on or after that date.