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SB2388 • 2026

Criminal Procedure

AN ACT to amend Tennessee Code Annotated, Title 38; Title 39 and Title 40, relative to criminal justice.

Crime
Active

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

Sponsor
Hensley, Doggett
Last action
2026-04-14
Official status
Placed on Senate Finance, Ways, and Means Committee calendar for 4/21/2026
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Changes to Criminal Justice Fees and Penalties

This bill changes monthly fees for defendants under supervision and removes restrictions on penalties for certain crimes.

What This Bill Does

  • Increases the minimum fee a defendant must pay per month from $10 to $15 as part payment of expenses incurred by the agency, department, program, group, or association supervising the defendant.
  • Removes the limitation that required illegally possessing a telecommunication device in a penal institution to be punished only with a fine; it can now include other penalties.
  • Specifies that when an autopsy is requested by a municipality or municipal law enforcement agency, the cost of the autopsy must be paid by the municipality unless the state pays instead.

Who It Names or Affects

  • Defendants who are under supervision by criminal justice agencies in Tennessee.
  • Municipalities and their law enforcement agencies when requesting autopsies.
  • State and local governments managing criminal cases and penalties.

Terms To Know

Class E felony
A type of serious crime that has specific legal consequences, including possible fines and imprisonment.
Judicial diversion
An agreement in criminal cases where a defendant avoids formal prosecution if they meet certain conditions set by the court.

Limits and Unknowns

  • The exact increase in local revenue for counties is uncertain due to multiple factors.
  • The bill does not specify how much more defendants will pay overall with the new fee structure.

Amendments

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

Amendment 1-0 to HB2369

Plain English: This amendment changes who pays for autopsies requested by municipalities or municipal law enforcement agencies and increases certain fees.

  • Municipalities must now pay for autopsies they request unless the state does so.
  • The fee for a specific legal process is increased from $45 to $60.
  • Another fee for a different legal process is also raised from $35 to $60.
  • The amendment text does not specify all the details about when and how municipalities must pay for autopsies, which could leave some questions unanswered.
Amendment 1-0 to SB2388

Plain English: This amendment changes the fees for certain criminal justice procedures in Tennessee from $45 to $60 and from $35 to $60.

  • Changes the fee from forty-five dollars ($45.00) to sixty dollars ($60.00) under Section 40-35-303(i)(1).
  • Changes the fee from thirty-five dollars ($35.00) to sixty dollars ($60.00) under Section 40-35-313(a)(1)(A).
  • The amendment does not provide details on which specific criminal justice procedures these fees apply to.

Bill History

  1. 2026-04-14 Tennessee General Assembly

    Placed on Senate Finance, Ways, and Means Committee calendar for 4/21/2026

  2. 2026-04-14 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/16/2026

  3. 2026-04-14 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/14/2026

  4. 2026-04-14 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  5. 2026-04-14 Tennessee General Assembly

    Sponsor(s) Added.

  6. 2026-04-08 Tennessee General Assembly

    Placed on cal. Finance, Ways, and Means Committee for 4/14/2026

  7. 2026-04-08 Tennessee General Assembly

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

  8. 2026-04-01 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/8/2026

  9. 2026-04-01 Tennessee General Assembly

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

  10. 2026-04-01 Tennessee General Assembly

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

  11. 2026-03-25 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 4/1/2026

  12. 2026-03-25 Tennessee General Assembly

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

  13. 2026-03-24 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 7, Nays 2 PNV 0

  14. 2026-03-23 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/24/2026

  15. 2026-03-23 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 3/24/2026

  16. 2026-03-18 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/23/2026

  17. 2026-03-18 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 3/25/2026

  18. 2026-03-18 Tennessee General Assembly

    Action Def. in s/c Criminal Justice Subcommittee to 3/25/2026

  19. 2026-03-11 Tennessee General Assembly

    Placed on s/c cal Criminal Justice Subcommittee for 3/18/2026

  20. 2026-02-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  21. 2026-02-05 Tennessee General Assembly

    Assigned to s/c Criminal Justice Subcommittee

  22. 2026-02-05 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  23. 2026-02-04 Tennessee General Assembly

    Intro., P1C.

  24. 2026-02-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  25. 2026-02-02 Tennessee General Assembly

    Filed for introduction

  26. 2026-02-02 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Abstract summarizes the bill.

Current Bill Text

Read the full stored bill text
HOUSE BILL 2369
By Doggett

SENATE BILL 2388
By Hensley
SB2388
012240
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 38;
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 38-7-106, is amended by adding the
following as a new subsection:
(c) In any case where an autopsy is requested by a municipality or municipal law
enforcement agency, the cost of the autopsy must be paid by the municipality, unless
the cost is paid by the state.
SECTION 2. Tennessee Code Annotated, Section 38-7-109, is amended by adding the
following as a new subsection:
(d) In any case where an autopsy is requested by a municipality or municipal law
enforcement agency, the cost of the autopsy must be paid by the municipality, unless
the cost is paid by the state.
SECTION 3. Tennessee Code Annotated, Section 40-35-303(i)(1), is amended by
deleting "ten dollars ($10.00)" and substituting "fifteen dollars ($15.00)".
SECTION 4. Tennessee Code Annotated, Section 40-35-313(a)(1)(A), is amended by
deleting "ten dollars ($10.00)" and substituting "fifteen dollars ($15.00)".
SECTION 5. Tennessee Code Annotated, Section 39-16-201, is amended by deleting
subdivision (c)(3) and substituting:
(3) A violation of subdivision (b)(2)(C) is a Class E felony.
SECTION 6. This act takes effect July 1, 2026, the public welfare requiring it.