SB2365 • 2026

Courts

AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 8 and Title 40, Chapter 11, relative to expedited hearing procedures.

Children Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Rose, Farmer
Last action: 2026-04-07
Official status: Transmitted to Governor for action.
Effective date: Not listed

Plain English Breakdown

The official source material does not specify what happens if the bond condition affects parental rights to children who are victims of the crime.

Parental Rights Protection Act

This bill requires expedited court hearings within 15 days if bond conditions affect parental contact with minor children who are not victims of the crime and sets rules for imposing such restrictions.

What This Bill Does

Adds a requirement for an expedited hearing within 15 calendar days if a bond condition affects parental contact, custody, or visitation with a minor child who is not a victim of the charged crime.
Requires the government to prove by clear and convincing evidence that there is a present threat of harm to the child before imposing restrictions on parental contact.
Specifies that less restrictive alternatives must be insufficient to prevent harm before restricting parental rights.
States that any restriction must be in the best interests of the child, with a presumption that parental contact is generally beneficial.

Who It Names or Affects

Parents involved in criminal cases who may face bond conditions affecting their ability to see or care for their children.
Courts and government entities responsible for imposing bond conditions.

Terms To Know

bond condition: A requirement set by a court that must be met in order to release someone from jail before trial, such as not contacting certain people or places.
expedited hearing: A faster court process where the case is heard quickly after it is filed.

Limits and Unknowns

The bill does not specify what happens if a bond condition affects parental rights to children who are victims of the crime.
It is unclear how this act will be enforced or monitored by courts and government entities.
There may be additional legal challenges regarding the interpretation of 'present threat of harm' and 'less restrictive alternatives'.

Amendments

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

HA0761

Amendment 1-0 to HB2078

Plain English: The amendment adds new requirements for expedited hearings and clear evidence standards when bond conditions restrict parental rights before conviction.

Adds an expedited hearing requirement within 15 days if a bond condition affects parental contact, custody, or visitation.
Requires the government to prove by 'clear and convincing evidence' that restricting parental rights is necessary to protect a child from harm.
States there's a presumption that parental contact with a child is in the best interests of the child.

The amendment text does not specify what happens if the government fails to meet the burden of proof for restricting parental rights.

Bill History

2026-04-07 Tennessee General Assembly
Transmitted to Governor for action.
2026-04-06 Tennessee General Assembly
Signed by H. Speaker
2026-04-06 Tennessee General Assembly
Signed by Senate Speaker
2026-04-02 Tennessee General Assembly
Enrolled and ready for signatures
2026-04-02 Tennessee General Assembly
Concurred, Ayes 30, Nays 0 (Amendment 1 - HA0761)
2026-03-31 Tennessee General Assembly
Placed on Senate Message Calendar for 4/2/2026
2026-03-30 Tennessee General Assembly
Passed H., as am., Ayes 92, Nays 0, PNV 0
2026-03-30 Tennessee General Assembly
H. adopted am. (Amendment 1 - HA0761)
2026-03-30 Tennessee General Assembly
Subst. for comp. HB.
2026-03-30 Tennessee General Assembly
Sponsor(s) Added.
2026-03-30 Tennessee General Assembly
Comp. SB subst.
2026-03-26 Tennessee General Assembly
H. Placed on Regular Calendar for 3/30/2026
2026-03-25 Tennessee General Assembly
Placed on cal. Calendar & Rules Committee for 3/26/2026
2026-03-23 Tennessee General Assembly
Rec. for pass. if am., ref. to Calendar & Rules Committee
2026-03-18 Tennessee General Assembly
Placed on cal. Judiciary Committee for 3/23/2026
2026-03-18 Tennessee General Assembly
Action def. in Judiciary Committee to 3/25/2026
2026-03-11 Tennessee General Assembly
Placed on cal. Judiciary Committee for 3/18/2026
2026-03-11 Tennessee General Assembly
Action def. in Judiciary Committee to 3/18/2026
2026-03-10 Tennessee General Assembly
Sponsor(s) Added.
2026-03-05 Tennessee General Assembly
Rcvd. from S., held on H. desk.
2026-03-04 Tennessee General Assembly
Placed on cal. Judiciary Committee for 3/11/2026
2026-03-04 Tennessee General Assembly
Action def. in Judiciary Committee to 3/11/2026
2026-03-02 Tennessee General Assembly
Engrossed; ready for transmission to House
2026-03-02 Tennessee General Assembly
Passed Senate, Ayes 32, Nays 0
2026-02-27 Tennessee General Assembly
Placed on Senate Consent Calendar 2 for 3/2/2026
2026-02-25 Tennessee General Assembly
Placed on cal. Judiciary Committee for 3/4/2026
2026-02-24 Tennessee General Assembly
Recommended for passage, refer to Senate Calendar Committee
2026-02-18 Tennessee General Assembly
Placed on Senate Judiciary Committee calendar for 2/24/2026
2026-02-17 Tennessee General Assembly
Rec for pass if am by s/c ref. to Judiciary Committee
2026-02-11 Tennessee General Assembly
Placed on s/c cal Children and Family Affairs Subcommittee for 2/17/2026
2026-02-05 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Judiciary Committee
2026-02-04 Tennessee General Assembly
Assigned to s/c Children and Family Affairs Subcommittee
2026-02-04 Tennessee General Assembly
P2C, ref. to Judiciary Committee
2026-02-03 Tennessee General Assembly
Sponsor(s) withdrawn.
2026-02-03 Tennessee General Assembly
Sponsor change.
2026-02-02 Tennessee General Assembly
Introduced, Passed on First Consideration
2026-02-02 Tennessee General Assembly
Filed for introduction
2026-02-02 Tennessee General Assembly
Intro., P1C.
2026-01-23 Tennessee General Assembly
Filed for introduction

Official Summary Text

The Families' Rights and Responsibilities Act provides that the liberty of a parent to the care, custody, and control of the parent's child, including the right to direct the upbringing, education, health care, and mental health of the child, is a fundam
ental right. Further, the Act provides that all parental rights are exclusively reserved to a parent of a child without obstruction by or interference from a government entity and lists several of those rights in statute.

This bill adds to such Act that a bond condition that affects parental contact, custody, or visitation requires an expedited hearing within 15 calendar days of being imposed to determine if the condition meets the requirements. If the hearing is not hel
d within 15 calendar days, then the bond condition is void.

Before a court may impose or extend a bond condition prior to conviction in a criminal case that restricts, limits, or prohibits a defendant
'
s parental contact with, custody of, or visitation with any minor child who is not a victim of the charged crime,
this bill provides that the government bears the burden of establishing, by clear and convincing evidence, which the court must articulate through specific findings of fact, that all of the following criteria is met:



A present and continuing threat of harm exists to the child.


Less restrictive alternatives are insufficient to prevent the harm.


The restriction is in the best interests of the child.

This bill establishes a presumption that parental contact with a child is in the best interests of the child.

ON MARCH 30, 2026, THE HOUSE SUBSTITUTED SENATE BILL 2365 FOR HOUSE BILL 2078, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2365, AS AMENDED.

AMENDMENT #1 removes from the finding of fact that the threat of harm exists to the child must be present and continuing, and only requires a finding that a threat of harm exists to the child.

ON APRIL 2, 2026, THE SENATE CONCURRED IN HOUSE AMENDMENT #1.

Current Bill Text

Read the full stored bill text

HOUSE BILL 2078
By Behn

SENATE BILL 2365
By Rose
SB2365
012025
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 36,
Chapter 8 and Title 40, Chapter 11, relative to
expedited hearing procedures.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Parental Rights Protection
Act."
SECTION 2. Tennessee Code Annotated, Section 36-8-103, is amended by adding the
following as a new subsection (h):
(h)
(1) A bond condition that affects parental contact, custody, or visitation
requires an expedited hearing within fifteen (15) calendar days of being imposed
to determine if the condition meets the requirements of this chapter. If the
hearing is not held within fifteen (15) calendar days, then the bond condition is
void.
(2) Before a court may impose or extend a bond condition prior to
conviction in a criminal case that restricts, limits, or prohibits a defendant’s
parental contact with, custody of, or visitation with any minor child who is not a
victim of the charged crime, the government bears the burden of establishing, by
clear and convincing evidence, which the court must articulate through specific
findings of fact, that:
(A) A present and continuing threat of harm exists to the child;
(B) Less restrictive alternatives are insufficient to prevent the
harm; and

- 2 - 012025

(C) The restriction is in the best interests of the child.
(3) For purposes of this subsection (h), there is a presumption that
parental contact with a child is in the best interests of the child.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.