Criminal Offenses - As enacted, makes various changes to present law concerning criminal justice. - Amends TCA Title 10, Chapter 7, Part 5; Title 36; Title 37; Title 38; Title 39; Title 40 and Title 53. Companion bill ha, the official text

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                            PUBLIC CHAPTER NO. 462

                                                    SENATE BILL NO. 1233

                                            By Johnson, Bowling, Gardenhire

                                            Substituted for: House Bill No. 1232

                      By Lamberth, Harris, Sherrell, McCalmon, Alexander, Moody, Davis

AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5; Title 36; Title 37; Title
          38; Title 39; Title 40 and Title 53, relative to criminal justice.

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

          SECTION 1. Tennessee Code Annotated, Section 39-17-418(c), is amended by
adding the following as a new subdivision:

                    (3) A violation of subsection (a) with respect to any amount of fentanyl, carfentanil,
          remifentanil, alfentanil, or thiafentanil, or any fentanyl derivative or analogue shall be
          punished by confinement for not less than thirty (30) days, and the person shall serve at least
          one hundred percent (100%) of the thirty-day minimum. A person sentenced pursuant to this
          subdivision (c)(3) is not prohibited from participating in a drug or recovery court that is
          certified by the department of mental health and substance abuse services or another
          licensed treatment program after serving the minimum mandatory sentence required by this
          subdivision (c)(3).

          SECTION 2. Tennessee Code Annotated, Section 40-7-118(b)(2), is amended by adding the
following as a new subdivision:

                    (C) This subsection (b) does not apply to a violation of§ 39-17-418(a) with respect to
          any amount of fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil.

          SECTION 3. Tennessee Code Annotated, Section 36-3-601 (3), is amended by adding the
following new subdivision (3)(F) and redesignating the current subdivision (3)(F) appropriately:

                    (F) For purposes of § 36-3-627, "court" includes a court with criminal jurisdiction as
          provided in § 36-3-627(b)(2);

          SECTION 4. Tennessee Code Annotated, Section 36-3-627(b), is amended by redesignating
the subsection as subdivision (b)(1) and adding the following new subdivision:

                    (2)(A) A victim may file a petition, prior to the respondent's conviction for an offense
                    listed in subdivision (a)(1 ), with the court with criminal jurisdiction over the
                    respondent's trial for the offense on which the petition is based. The court shall cause
                    a copy of the petition to be served upon the respondent, with notice that a hearing on
                    the petition will be held-immediately following the entry of judgment, if the respondent
                   • is convicted of the offense on which the petition is based; provided, however, that a
                    hearing must not occur for at least five (5) days from the date of service.

                               (8) The court must hold the petition until the conclusion of the criminal trial. If
                    the respondent is not convicted of the offense on which the petition is based, then the
                    court shall dismiss the petition. If the respondent is convicted of the offense on which
                    the petition is based, then the court shall hold a hearing pursuant to subsection (e)
                    immediately following the entry of judgment. •

          SECTION 5. Tennessee Code Annotated, Section 38-1-102, is amended by deleting the
section and substituting:
SB 1233
                   (a) It is unlawful for any person to touch, disturb, move, or remove the body, clothing,

         personal effects, or weapons of, at, or near any person who has died or reasonably appears
         to have died from wounds or injuries inflicted by means of a knife, pistol, gun, or other deadly
         weapon, or by other means of violence, drowning, suffocation, poison, hanging, or drug-
         related overdose until the immediate notification and arrival on the death scene or place
         where such body is found, of the chief of police, or the chief of police's lawful representative,
         if the body is found in an incorporated town or city, or of the sheriff or the sheriff's lawful
          representative, if the body is found in the county outside the corporate limits of any
         incorporated town or city or of the district attorney general or a member of the district
         attorney general's staff of the judicial district in which such body is found.

                   {b) A person does not violate subsection (a) by administering naloxone or other opioid
         antagonist to an individual experiencing a drug-related overdose.
          SECTION 6. This act takes effect July 1, 2025, the public welfare requiring it.

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         SENATE BILL NO. 1233

PASSED:  April 22, 2025

                                                RANDY MlNALLY
                                  SPEAKER OF THE ~ENATE

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                                              ....

                             CAMERONSEXTON,SPEAKER
                            HOUSE OF REPRESENTATIVES

~ ~ r APPROVED this                         2025
         day of

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                        BILL LEE, GOVERNOR