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PUBLIC CHAPTER NO. 269
SENATE BILL NO. 1097
By Stevens, Haile
Substituted for: House Bill No. 1343
By Lamberth, Cochran, Todd
AN ACT to amend Tennessee Code Annotated, Section 55-10-419, relative to the electronic
monitoring indigency fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-10-419(a)(2), is amended by deleting
the subdivision and substituting instead:
(2) "Eligible costs" means the costs that may be paid from the person or the fund,
subject to this section, and that are associated with:
(A) The lease, purchase, installation, removal, or maintenance of a functioning
ignition interlock device or any other cost or fee associated with a functioning ignition
interlock device required in accordance with § 40-11-118(d)(1 )(8), § 55-10-401, § 55-
10-409(b)(2), § 55-10-409(d)(2), § 55-10-417(a)(1}, § 55-10-417(k), or other applicable
law for a person determined to be indigent; or
(B) The use, monitoring, and maintenance of an alternative device required
pursuant to § 40-11-118(d)(2), § 40-11-152, § 55-10-402(d)(2)(A)(iii), § 55-10-
402(h)(7}, or any other applicable law for a person determined by a court to be indigent;
SECTION 2. Tennessee Code Annotated, Section 55-10-419(a)(5), is amended by deleting
the subdivision and substituting instead:
(5) "Indigent" means not having sufficient means to pay for eligible costs;
SECTION 3. Tennessee Code Annotated, Section 55-10-419(h), is amended by deleting the
subsection and substituting instead:
(h)(1) Notwithstanding another law to the contrary, the eligible costs incurred to comply
with a court order requiring the use of a functioning ignition interlock device or an
alternative device must be paid by the person ordered to use the device, unless the
person is determined to be indigent. • •
(2) A person determined to be indigent shall pay a minimum of thirty dollars
($30.00) per month toward eligible costs for a functioning ignition interlock device or an
alternative device. The remainder of the monthly eligible costs must be paid from the
fund; provided, that the remaining monthly eligible costs must not exceed one hundred
seventy dollars ($170) per month.
(3) A court shall determine whether a person ordered to use an alternative
. device is indigent by conducting a full and complete hearing to determine the person's
indigency, which may include financial statements made by the person. All statements
made by the person must be by written affidavit of indigency created . by the
administrative office of the courts and sworn to before the court. If the person
intentionally misrepresents, falsifies, or withholds any information in the affidavit of
indigency, then the person commits perjury as set out in§ 39-16-702. When making a
finding as to indigency under this section, the court shall consider:
SB 1097
(A) The person's income, regardless of the source, including, but not
limited to, governmental assistance or pensions;
(B) The person's monthly expenses;
(C) The number of individuals residing in the person's household, and
whether any of them are the person's dependents;
(D) The person's employment status and education level;
(E) The person's ownership or equity in real or personal property;
(F) The person's debts, liens, or encumbrances;
(G) The person's investments;
(H) The amount of the appearance or appeal bond, whether the person
has been able to obtain release by making bond, and, if the person obtained
release by making bond, the amount of money paid and the source of the
money;
(I) The poverty level income guidelines compiled and published by the
United States department of labor; and
(J) Other circumstances presented to the court that the court finds to
be relevant to the issue of indigency.
(4) The state treasurer shall deem a person ordered to use a functioning
ignition interlock device to be indigent if the person is either qualified to receive or is
receiving funds on the date the person was ordered to use the device from any of the
following sources:
(A) Supplemental nutrition assistance (SNAP) program;
(B) Temporary assistance for needy families {TANF) program; or
(C) State medicaid program.
SECTION 4. Tennessee Code Annotated, Section 55-10-419(j), is amended by deleting the
subsection and substituting the following:
(j)(1) Providers of functioning ignition interlock devices shall submit claims and
invoices to the state treasurer for reimbursement from the ignition interlock device
account for an indigent person with eligible costs associated with a functioning
ignition interlock device. Providers of alternative devices shall submit claims and
invoices to the respective local government for reimbursement from the alternative
device account for an indigent person with eligible costs associated with an
alternative device. Both type of claims must be:
(A) Submitted not later than ninety (90) calendar days after the device
has been ordered by the court;
(8) Accompanied by a court order requiring a device; and
(C) Submitted with an attestation from the provider for each claim
indicating that the charges contained in the claim are true and accurate and
do not contain duplicate claims or charges previously submitted for
reimbursement.
(2) The clerk of the court having jurisdiction over the person shall provide the
state treasurer with proof that the person who has been ordered to use a functioning
ignition interlock device qualifies for one (1) or more of the programs listed in
subdivision (h)(4), demonstrating the person is indigent. The person must provide the
clerk of the court with authorization and consent to obtain documentation
demonstrating that, on the date that the person was ordered to use the device, the
person is eligible to receive or is receiving funds from at least one (1) of the sources
listed in subdivision (h)(4).
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(3) Providers of alternative devices shall provide the respective local
government with the affidavit of indigency, and any other information considered by
the court to arrive at a determination that the person is indigent.
SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it.
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SENATE BILL NO. 1097
PASSED: April 14, 2025
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SPEAKER OF THE SENATE
CAMERONSEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
f¾;x;\ ~lfL- APPROVED this
day of 2025
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BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.