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~tate of {!Cennessee
PUBLIC CHAPTER NO. 519
HOUSE BILL NO. 1177
By Representatives Williams, Lamberth, Hardaway, Scarbrough
Substituted for: Senate Bill No. 963
By Senator Hatcher
AN ACT to amend Tennessee Code Annotated, Title 33; Title 40 and Title 52, relative to
persons found incompetent to stand trial.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 33-7-301, is amended by deleting
subsection (d) and substituting:
(d)
(1) If a defendant is found to be incompetent to stand trial, any
misdemeanor charges pending at the time of the incompetency determination
must be retired no later than two (2) years after the date of arrest when the
misdemeanor charge or charges have not otherwise been disposed of except
that misdemeanor charges must not be retired pursuant to this subdivision (d)(1)
if the defendant is restored to competency prior to the date on which the
misdemeanor charge or charges would have otherwise been retired under this
subdivision (d)(1 ).
(2) When a defendant whose charges were retired in accordance with
subdivision (d)(1) is released into the community, the chief officer shall:
(A) Notify the court of the defendant's discharge; and
(B) Provide the court and the sheriff with an outpatient treatment
plan that accounts for the safety of the community.
SECTION 2. Tennessee Code Annotated, Section 33-7-301 (c), is amended by deleting
the last sentence and substituting:
If a defendant is charged with a misdemeanor offense and remains hospitalized
two (2) years after the date of arrest, then the reporting obligations of this
subsection (c) must continue until the defendant is discharged.
SECTION 3. Tennessee Code Annotated, Section 52-6-102, is amended by deleting
subdivision (e)(2) and substituting instead the following:
(2)
(A) If a defendant is found to be incompetent to stand trial, any
misdemeanor charges pending at the time of the incompetency determination
must be retired no later than two (2) years after the date of arrest when the
misdemeanor charge or charges have not otherwise been disposed of except
that misdemeanor charges must not be retired pursuant to this subdivision (e)(2)
if the defendant is restored to competency prior to the date on which the
misdemeanor charge or charges would have otherwise been retired under this
subdivision (e)(2).
(B) When a defendant whose charges were retired in accordance with
this subdivision (e)(2) is released into the community, the chief officer shall:
(i) Notify the court of the defendant's discharge; and
HB1177
(ii) Provide the court and the sheriff with an outpatient treatment
plan that accounts for the safety of the community.
SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it.
2
HOUSE BILL NO. 1177
PASSED: April 22, 2025
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CAMERONSEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
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SPEAKER OF THE SENATE
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APPROVED this day of y 2025
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