Juvenile Offenders - As enacted, permits a court to use juvenile court records, including the disposition and evidence, in pretrial reports used to set bond for certain criminal offenses; requires the magistrate to consi, the official text

~iii•.:;·•··
    ~ 1 ; , ; ·•. ........:.:;, ')i_, ••
    t.aiS.."'1''"

  ! i{E--.f Ac~~11a;rj\~.\
•\  • ,RlClJ ,'(l''Rr<: )~~;, •
                  ·-=~:

        State efJe,inessee

                            PUBLIC CHAPTER NO. 414

                                                     SENATE BILL NO. 221

                                                          By Taylor, Rose

                                             Substituted for: House Bill No. 34

        By Gillespie, Vaughan, Faison, Moody, Farmer, White, Leatherwood, Powers, Hardaway

AN ACT to amend Tennessee Code Annotated, Title 37 and Title 40, relative to juvenile records.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 37-1-133, is amended by deleting
subsection (b) and substituting:

                    (b) The disposition of a child and evidence adduced in a hearing in juvenile court
          must not be used against such child in any proceeding in any court other than a juvenile
          court, whether before or after reaching majority, except in:

                              (1) Pretrial reports used to set bonds, if the juvenile court adjudication
                    occurred within the previous five (5) years;

                              (2) Dispositional proceedings after conviction of a felony for the purposes of a
                    presentence investigation and report;

                              (3) A proceeding pursuant to§ 39-17-1352; or

                              (4) A criminal prosecution for a violation of the prohibition on purchasing or
                    possessing firearms imposed under§ 37-1-190.

          SECTION 2. Tennessee Code Annotated, Section 37-1-153, is amended by deleting
subdivision (a)(4) and substituting:

                    (4) A court and its probation and other officials or professional staff and the attorney
          for the defendant for use in pretrial reports used to set bonds, as authorized by § 37-1-
          133(b)(1), and preparing a presentence report in a criminal case in which the defendant is
          convicted and who prior thereto had been a party to the proceeding in juvenile court;

          SECTION 3. Tennessee Code Annotated, Section 40-11-118, is amended by deleting
subdivision (b)(7) and substituting:

                    (7) The defendant's prior juvenile court record, as authorized by§ 37-1-133(b)(1), and
          prior criminal record and the likelihood that because of the records the defendant will pose a
          ri~k of danger to the community;

          SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.
         SENATE BILL NO. 221

PASSED:  April 22, 2025

                 n1      t \,--.., \\.\,4--~,w_,\,\u

                         \    RAN-[ Jy

                            SPEAKER OF THE SENATE

                                  •

                         CAMERON--sEXTON,SPEAKER

                         HOUSE OF REPRESENTATIVES

~ APPROVED this  day o f ~    2025

           UA.

         BILL LEE, GOVERNOR