Sentencing - As enacted, adds aggravating circumstances for a jury to consider when determining the sentence of a defendant convicted of certain offenses. - Amends TCA Title 39 and Title 40. Companion bill has been assig, the official text

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                             PUBLIC CHAPTER NO. 693

                                                   SENATE BILL NO. 1659

                                             By Gardenhire, Stevens, Watson

                                           Substituted for: House Bill No. 1454

   By Greg Martin, Lamberth, Reneau, Atchley, Moody, Raper, Vital, Terry, Russell, Renea Jones,
                                                       Cochran, Howell

AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to sentencing for
         criminal offenses.

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

         SECTION 1. Tennessee Code Annotated, Section 39-13-204(i), is amended by adding the
following as new subdivisions:

                   (20) The defendant committed aggravated rape of a child against a victim who was
          less than four (4) years of age at the time of the commission of the offense;

                   (21) The defendant committed incest in the commission of the offense;

                   (22) At the time of the commission of the offense, the defendant was in a position of
          trust, or had supervisory, disciplinary, or custodial authority over the victim by virtue of the
          defendant's legal, professional, or occupational status and used the position of trust or
          authority to accomplish the offense;

                    (23) At the time of the commission of the offense, the defendant was previously
          convicted in this state or another jurisdiction of one (1) or more felony or misdemeanor
          offenses, other than the present charge, the statutory elements of which involve unlawful
          sexual contact with a minor;

                    (24) At the time of the commission of the offense, the defendant was required to
          register as a sexual offender, violent sexual offender, or violent juvenile sexual offender;
          serving a sentence of community supervision for life; or subject to an equivalent sexual
          offender registration or monitoring requirement in another jurisdiction;

                    (25) The defendant filmed, recorded, photographed, live-streamed, or otherwise
          transmitted a video or photograph of the offense;

                    (26) The defendant utilized an intoxicant, controlled substance, or other substance to
          influence the victim's central nervous system in the commission of the offense;

                    (27) The defendant used a deadly weapon in the commission of the offense if the
          defendant is being sentenced for rape of a child or aggravated rape of a child;

                    (28) At the time of the commission of the offense, the defendant knew or reasonably
          should have known that the victim was mentally defective, mentally incapacitated, or
          physically helpless;

                    (29) During the commission of the offense, the defendant's actions were especially
          heinous, atrocious, or cruel or involved the infliction of torture to the victim;

                    (30) The defendant provided remuneration to the victim or another for the purpose of
          gaining access to the victim, or to the victim in return for the victim's silence; or
SB 1659
                    (31) During the proceeding which resulted in the defendant's conviction for rape of a

          child or aggravated rape of a child, the defendant was also convicted of additional counts of
          rape of a child, aggravated rape of a child, aggravated sexual battery, or continuous sexual
          abuse of a child involving one (1) or more other victims.
          SECTION 2. Tennessee Code Annotated, Section 39-13-204, is amended by deleting
subdivision 0)(3) and substituting:

                    (3) The victim was a participant in the defendant's conduct or consented to the act;
          however, the victim's participation in the defendant's conduct or consent to the act is not a
          mitigating factor if the defendant was convicted of rape of a child or aggravated rape of a
          child;
          SECTION 3. Tennessee Code Annotated, Section 39-13-207(a)(1), is amended by deleting
"guilty of first degree murder," and substituting "guilty of first degree murder or rape of a child, then".
          SECTION 4. This act takes effect July 1, 2026, the public welfare requiring it, and applies to
acts occurring on or after that date.

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         SENATE BILL NO. 1659

PASSED:  March 30, 2026

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                         '        • RANDY M~N~Ly

                                  SPEAKER OF THE SENATE

                         CAMERO'"Nt&l'CTON,SPEAKER
                         HOUSE OF REPRESENTATIVES

Ap:n APPROVED this rYtt.. day of  2026

          I.«__

         BILL LEE, GOVERNOR

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