Sentencing - As enacted, generally requires a person convicted of a Class A misdemeanor in general sessions court to pay for and complete a cognitive behavioral training course; requires the offender to provide proof of , the official text

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                        ~tate of \!tennessee

                          PUBLIC CHAPTER NO. 481

                                                  HOUSE BILL NO. 371

                                  By Representatives Scarbrough, Hardaway

                                        Substituted for: Senate Bill No. 300

                                                    By Senator Roberts

          AN ACT to amend Tennessee Code Annotated, Section 40-35-302, relative to
sentencing requirements for certain misdemeanor offenders.

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

          SECTION 1. Tennessee Code Annotated, Section 40-35-302, is amended by adding the
following as a new subsection:

                    ()

                              (1) In addition to any other sentence authorized by this section, a person
                    convicted of a Class A misdemeanor in general sessions court shall be required
                    to complete a cognitive behavioral training course unless the court deems such a
                    requirement to be inappropriate. If incarceration is part of the person's sentence,
                    then the cognitive behavioral training course must be completed after the period
                    of incarceration is completed.

                              (2) The offender must pay the cost of the course and, regardless of
                    whether the defendant is indigent, the county is not required to pay the cost of
                    the course.

                              (3) The offender must provide proof of course completion to the court or
                    the court's designee within the time period specified by the court. An offender
                    who willfully fails to complete the course or to provide proof of completion within
                    the specified time period is in contempt of court and may be punished by
                    confinement of up to ten (10) days.

                               (4) A cognitive behavioral training course used to fulfill the requirement in
                    this subsection ( ) must:

                                         (A) Be available to be completed online via computer or mobile
                               device;

                                         (B) Be available in languages other than English;

                                         (C) Cost the offender no more than one hundred dollars ($100)
                               and offer payment options; and

                                         (D) Include required human interaction in the completion of the
                               course, including, but not limited to, grading, feedback, or guidance.

                              (5) An entity providing a cognitive behavioral training course online must:

                                         (A) Be a current provider of online cognitive behavioral services to
                               a federal, state, or local entity, with documented or published results of
                               effectiveness;

                                         (B) Be available to provide telephone support for offenders at least
                               five (5) days per week;

                                         (C) Provide human facilitators responsible for grading course
                               materials;
HB371
                                        (D) Provide the offender with a certificate of completion within

                              seventy-two (72) hours of finishing the course; and
                                        (E) Provide all necessary informational or referral materials to

                              counties at no cost to the county.
                              (6) A county or municipality may provide an in-person cognitive
                    behavioral training program; provided, however, that if such a program is offered,
                    the county or municipality must also offer an online cognitive behavioral training
                    program that complies with the requirements of subdivisions ( )(4)-(5).
          SECTION 2. This act takes effect on July 1, 2025, the public welfare requiring it, and
applies to offenses committed on or after that date.

                                                                     2
                    HOUSE BILL NO. 371

PASSED:  April 21, 2025

                            C.

                              CAMERONSEXTON,SPEAKER
                             HOUSE OF REPRESENTATIVES

                         n.....~-.. ~'-~~
                            '           N\ RANDY MCI
                               SPEAKER OF THE SENATE

/51- Mad APPROVED this~                 2025
         .- --      day of

BILL LEE, GOVERNOR