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Tennessee General Assembly· SB 392Signed by Governor.

Criminal Offenses - As enacted, creates the offense of human smuggling; makes related changes. - Amends TCA Title 39. SB0392 has been assigned Public Chapter Number 424 by the Secretary of State, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
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                            PUBLIC CHAPTER NO. 424

                                                     SENATE BILL NO. 392

   By Taylor, Johnson, White, Rose, Harshbarger, Lowe, Seal, Southerland, Hatcher, Bailey,
                              Bowling, Hensley, Jackson, Stevens, Walley, Watson

                                             Substituted for: House Bill No. 322

      By Todd, Lamberth, Leatherwood, Keisling, Doggett, Russell, Atchley, Gant, Hill, Garringer,
   Brock Martin, Hulsey, Sherrell, Reneau, Stinnett, Moon, McCalmon, Alexander, Powers, Reedy,

        Zachary, Capley, Burkhart, Maberry, Barrett, Davis, Butler, Bricken, Terry, Fritts, Cepicky

AN ACT to amend Tennessee Code Annotated, Title 39, relative to criminal offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 39-13-311, is amended by deleting"§§
39-13-308 and 39-13-309" and substituting"§§ 39-13-308, 39-13-309, and 39-17-118".

          SECTION 2. Tennessee Code Annotated, Section 39-13-314(a)(1), is amended by deleting
the subdivision and substituting:

                    (1) "Human trafficking offense" means the commission of any act that constitutes the
          criminal offense of:

                              (A) Involuntary labor servitude, under§ 39-13-307;
                              (B) Trafficking persons for forced labor or services, under§ 39-13-308;
                              (C) Trafficking for commercial sex act, under§ 39-13-309;
                              (D) Patronizing prostitution, under§ 39-13-514(b)(3)(A);
                               (E) Promoting prostitution, under§ 39-13-51 S(c); or
                               (F) Promoting the prostitution of a minor, under§ 39-13-512; and
          SECTION 3. Tennessee Code Annotated, Section 39-13-314(a), is amended by adding the
following as a new subdivision:
                    ( ) "Organization" means any of the following, whether foreign or domestic:
                               (A) Limited liability companies;
                               (B) Corporations;
                               (C) Not-for-profit corporations;
                               (D) Profit and not-for-profit unincorporated associations;
                               (E) Business trusts;
                               (F) Estates;
                               (G) General partnerships;
                               (H) Limited partnerships;
SB392

                              (I) Registered or unregistered limited liability partnerships;

                              (J) Trusts; or

                              (K) Joint ventures;

          SECTION 4. Tennessee Code Annotated, Section 39-13-314, is amended by adding the
following as a new subsection:

                    (g) In addition to any other remedy, if the attorney general and reporter has reason to
          believe that any person or organization is committing, has committed, or is about to commit a
          human trafficking offense or aggravated human trafficking, then the attorney general and
          reporter may bring an action in the appropriate state court against the person or organization
          to:

                              (1) Restrain the person's or organization's actions by temporary restraining
                    order or temporary or permanent injunction;

                              (2) Cancel, revoke, or terminate any certificate of formation, certificate of
                    incorporation, articles of organization, trust instrument, certificate of authority to
                    transact business, license, permit, approval, charter, or registration to transact
                    business of the person or organization;

                              (3) Appoint a receiver for the organization; or

                              (4) Involuntarily dissolve the organization.

          SECTION 5. Tennessee Code Annotated, Title 39, Chapter 17, Part 1, is amended by adding
the following as a new section:

          39-17-118.

                    (a) A person commits the offense of human smuggling who, for the purpose of
          commercial advantage or private financial gain:

                              (1) Knowingly transports an individual with intent to conceal the individual from
                    a law enforcement officer or a federal immigration officer, while knowing the individual
                    has illegally entered or remained in the United States, as determined by the bureau of
                    immigration and customs enforcement of the United States department of homeland
                    security; or

                              (2) Intentionally conceals, harbors, or shields from detection, or intentionally
                    encourages or induces another to conceal, harbor, or shield from detection, an
                    individual that the person knows has illegally entered or remained in the United
                    States, as determined by the bureau of immigration and customs enforcement of the
                    United States department of homeland security.

                    (b) Human smuggling is a Class E felony.

                    (c)(1) A person commits aggravated human smuggling who commits the offense of
                    human smuggling as prohibited by subsection (a), and the victim of the offense was
                    less than thirteen (13) years of age at any time during the person's course of conduct.

                              (2) Aggravated human smuggling is a Class A felony.

                    (d) As used in this section, "harbor" means to provide shelter to or conceal the
          whereabouts of an individual whom the person knows has illegally entered or remained in the
          United States, as determined by the bureau of immigration and customs enforcement of the
          United States department of homeland security.

                    (e) It is not a violation of subsectio,n (a) for:

                              (1) An attorney licensed and admitted to the practice of law in this state
                    pursuant to title 23, chapter 1, to provide bona fide legal advice to an individual; or

                              (2) A person to provide healthcare services or assistance to an individual
                    presenting at a healthcare facility licensed under title 68 or title 33, or the office or
                    other practice site of a healthcare provider licensed, registered, certified, or otherwise
                    permitted to deliver healthcare services under title 63 or title 68, chapter 24.

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SB 392
         SECTION 6. This act takes effect July 1, 2025, the public welfare requiring it, and applies to

offenses committed on or after that date.

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         SENATE BILL NO. 392

PASSED:  April 22, 2025

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                                       RAN1Du1i MCNALLY

                         SPEAKER OF THE SENATE

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                         CAMERONSEXTON,SPEAKER

                         HOUSE OF REPRESENTATIVES

APPROVED this ~dayof                         2025

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                         BILL LEE, GOVERNOR
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