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Tennessee General Assembly· HB 2251Transmitted to Governor for his action.

Judges and Chancellors - As enacted, creates a pilot project to provide for criminal magistrates in the 10 counties in which the criminal courts experience the highest judicial caseload, if authorized by the legislative , the official text

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~tate of utennessee

PUBLIC CHAPTER NO. 1017

                                                  HOUSE BILL NO. 2251

                                                By Representative Grills

                                       Substituted for: Senate Bill No. 2025

                              By Senators Lowe, Stevens, Gardenhire, Powers

         AN ACT to amend Tennessee Code Annotated, Title 16; Title 17 and Title 40, relative to
criminal magistrates.

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

          SECTION 1. Tennessee Code Annotated, Title 40, Chapter 5, is amended by adding the
following new part:

          40-5-301.

                    (a) There is created a pilot project to provide for criminal magistrates in the ten
          (10) counties in which the criminal courts experience the highest judicial caseload, as
          determined by the comptroller of the treasury in the annual weighted caseload study,
          required by § 16-2-513.

                    (b) By December 1, 2026, the administrative office of the courts must notify the
          legislative body of each of the ten (10) counties that are eligible to participate in the pilot
          project.

          40-5-302.

                    (a) Upon being notified of eligibility under§ 40-5-301, the legislative body of an
          eligible county may, by ordinance, create the position of criminal magistrate within the
          county.

                    (b) Following enactment of such an ordinance, but no sooner than January 1,
          2027, the judges of the county with criminal jurisdiction may appoint the criminal
          magistrate, who shall serve at the pleasure of the majority of the judges of the county
         with criminal jurisdiction. As used this part, "judges of the county with criminal
         jurisdiction" does not include general sessions judges.

          40-5-303.

                   The duties of the criminal magistrate are to:

                             (1) Conduct arraignments, pursuant to Rule 10 of the Tennessee Rules of
                    Criminal Procedure;

                              (2) Conduct initial appearance hearings, pursuant to Rule 5 of the
                    Tennessee Rules of Criminal Procedure, and set initial appearance bonds,
                    pursuant to § 40-11-118;

                              (3) Determine a defendant's indigency status;

                              (4) .Accept entry of pleas of guilt, pursuant to Rule 11 of the Tennessee
                    Rules of Criminal Procedure, for misdemeanors and Class D and Class E
                   felonies;

                              (5) Issue search warrants and arrest warrants;

                             (6) Conduct preliminary hearings, pursuant to Rule 5.1 of the Tennessee
                    Rules of Criminal Procedure; and
HB2251
                              (7) Review and issue summary adjudication orders, if appropriate, for all

                    collateral petitions for all misdemeanors and Class D and Class E felonies. As
                    used in this section, "collateral petitions" include, but are not limited to, motions
                   to modify or waive sentence requirements, post-conviction relief petitions, and
                    petitions for writs of error coram nobis.
          40-5-304.
                    (a) The term of a criminal magistrate is four (4) years. The criminal magistrate
          may be removed from office by majority vote of the judges of the county with criminal
         jurisdiction.
                    (b) The criminal magistrate must be compensated from the general fund of the
          county in an amount to be determined by the majority of the elected judges of the county
          with criminal jurisdiction and subject to the approval of the legislative body.
          SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.

                                                               2
         HOUSE BILL NO. 2251

PASSED:  April 23, 2026

                                ~

                               CAMERON SEXTON, SPEAKER
                               HOUSE OF REPRESENTATIVES

                                            RANDY
                               SPEAKER OF THE

APPROVED this fCjtl- day of  yY)eµD <  2026

                                   6

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BILL LEE, GOVERNOR
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