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Tennessee General Assembly· HB 2109Sponsor(s) Added.

Damages - As enacted, establishes a cause of action for persons to seek damages from persons who compensate others to participate in demonstrations when the paid demonstrators' conduct satisfies the elements of the crimi, the official text

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                             PUBLIC CHAPTER NO. 722

                                                    SENATE BILL NO. 2222

                         By Johnson, Taylor, Bowling, Reeves, Pody, Rose, Stevens

                                            Substituted for: House Bill No. 2109

 By Boyd, Terry, Gant, Lamberth, Todd, Davis, Littleton, Moody, Maberry, Lankford, Raper, Haston,
   Sparks, Fritts, Hawk, Greg Martin, Reeves, Bricken, Wright, McCalmon, Reedy, Howell, Capley,
           Cochran, Lynn, Renea Jones, Grills, Garrett, Alexander, Cepicky, Barrett, Garringer

AN ACT to amend Tennessee Code Annotated, Title 29; Title 38 and Title 50, relative to liability for
          actions of demonstrators.

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

          SECTION 1. Tennessee Code Annotated, Title 29, Chapter 34, Part 2, is amended by adding
the following as a new section:

                    (a) As used in this section:

                              (1) "Compensation" means a salary, fee, payment, reimbursement, or other
                    valuable consideration, or combination thereof, whether received or to be received;

                              (2) "Demonstration" means a public gathering of one (1) or more
                    demonstrators protesting against something or expressing views on a political issue;
                    and

                              (3) "Demonstrator" means a person who takes part in-person in a
                    demonstration.

                    (b) Notwithstanding a law to the contrary, a person who provides compensation to a
          demonstrator in exchange for the demonstrator's participation in a demonstration may be
          vicariously liable for damages caused by the demonstrator if the demonstrator's conduct,
          while participating in the demonstration for which the person compensated the demonstrator
          to participate, satisfies the elements of one (1) or more of the following offenses:

                              (1) Riot under§ 39-17-302;

                              (2) Aggravated riot under§ 39-17-303;

                              (3) Disorderly conduct under § 39-17-305;

                              (4) Disrupting a meeting, procession, or gathering under§ 39-17-306;

                              (5) Obstructing a highway or passageway, or disobeying a reasonable request
                    or order to move under§ 39-17-307;

                              (6) Harassment under§ 39-17-308;

                              (7) Civil rights intimidation under§ 39-17-309;

                              (8) Desecration of a venerated object under § 39-17-311;

                              (9) Civil disorder under§ 39-17-314;

                              (10) Disorderly conduct at funerals under§ 39-17-317; or
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                              (11) Unauthorized placement of signs or markings under§ 39-17-319.

                    (c) In order to establish liability under this section, a plaintiff:

                              (1) Must prove by a preponderance of the evidence that:

                                        (A) A defendant provided any compensation to a demonstrator in
                              exchange for the demonstrator's participation in a demonstration and that the
                              demonstrator's conduct satisfies the elements of one (1) of the offenses listed
                              in subdivisions (b)(1 )-(11 ); and

                                        (8) The plaintiff suffered an ascertainable loss resulting from the
                              demonstrator's conduct; and

                              (2) Is not required to produce evidence of a criminal conviction against the
                    demonstrator who received compensation from the defendant.

          SECTION 2. Tennessee Code Annotated, Title 50, Chapter 1, is amended by adding the
following as a new part:

          50-1-1201.

                    As used in this part:

                              (1) "Compensation" means a salary, fee, payment, reimbursement, or other
                    valuable consideration, or combination thereof, whether received or to be received;

                              (2) "Demonstration" means a public gathering of one (1) or more
                    demonstrators protesting against something or expressing views on a political issue;
                    and

                              (3) "Demonstrator" means a person who takes part in-person in a
                    demonstration.

          50-1-1202.

                    Notwithstanding a law to the contrary, a person who provides compensation to a
          demonstrator in exchange for the .demonstrator's participation in a demonstration may be
          vicariously liable for damages caused by the demonstrator if the demonstrator's conduct,
          while participating in the demonstration for which the person compensated the demonstrator
          to participate, satisfies the elements of one (1) or more of the following offenses:

                              (1) Riot under§ 39-17-302;

                              (2) Aggravated riot under § 39-17-303;

                              (3) Disorderly conduct under § 39-17-305;

                              (4) Disrupting a meeting, procession, or gathering under§ 39-17-306;

                              (5) Obstructing a highway or passageway, or disobeying a reasonable request
                    or order to move under§ 39-17-307;

                              (6) Harassment under § 39-17-308;

                              (7) Civil rights intimidation under § 39-17-309;

                              (8) Desecration of a venerated object under § 39-17-311 ;

                              (9) Civil ~isorder under§ 39-17-314;

                              (10) Disorderly conduct at funerals under§ 39-17-317; or

                              (11) Unauthorized placement of signs or marktngs under§ 39-17-319.

          50-1-1203.

                    (a) Whenever the attorney general has reason to believe that a person who has
          provided compensation to a demonstrator may be vicariously liable for the demonstrator's
          9on~y-~L~nder § 50-1-1202 and that proceedings would be in the public interest, the attorney

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SB 2222
          general may bring an action in the name of the state against such person for any relief
          available at law or equity.
                    (b) The action may be brought in a court of competent jurisdiction in the county where
         the alleged conduct took place.
                    (c) In order to establish liability under this part, the state:
                              (1) Must prove by a preponderance of the evidence that a defendant provided
                    any compensation to a demonstrator in exchange for the demonstrator's participation
                    in a demonstration and that the demonstrator's conduct satisfies the elements of one
                    (1) of the offenses listed in§ 50-1-1202; and
                              (2) Is not required to produce evidence of a criminal conviction against the
                    demonstrator who received compensation from the defendant.
                    (d) The court may make such orders or render such judgments as the court
          determines to be in the interest of justice.
                    (e) Whenever a judgment is rendered in favor of the state under this part, the court
          shall award reasonable costs, including attorney's fees, to the state.
          50-1-1204.
                    This part does not prohibit an individual from seeking damages under Section 1.
          SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it, and

applies only to acts occurring on or after that date.

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         SENATE BILL NO. 2222

PASSED:  March 26, 2026

         ~ -~.. ~...~~'" '
                                               RANDY Mcl\ALLY

                                SPEAKER OF THE SENATE

                         CAMER(J'ff'SEXTON,SPEAKER
                         HOUSE OF REPRESENTATIVES

I ~ APPROVED this day of April                 2026

         /ai, Urt. ,.
                           BILL LEE, GOVERNOR
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