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Criminal Offenses - As enacted, requires the department of mental health and substance abuse services to establish a mental health evaluation process for a community mental health center or qualified mental health profes, the official text

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                     ~tate of utennessee

                          PUBLIC CHAPTER NO. 511

                                                 HOUSE BILL NO. 1089

       By Mr. Speaker Sexton, Representatives Tim Hicks, Hardaway, Crawford, Davis,
                          Parkinson, Terry, Rudder, Howell, Alexander, Littleton

                                        Substituted for: Senate Bill No. 944

                           By Senators Massey, Hatcher, Reeves, White, Yarbro

         AN ACT to amend Tennessee Code Annotated, Title 33; Title 39 and Title 40, relative to
criminal offenses involving abuse.

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

          SECTION 1. Tennessee Code Annotated, Title 33, Chapter 7, Part 3, is amended by
adding the following as a new section:

                    (a) The department shall establish a mental health evaluation process to
          evaluate a defendant convicted of any of the following offenses:

                              (1) Domestic assault, as defined in§ 39-13-111;

                              (2) Child abuse, as defined in § 39-15-401;

                              (3) Aggravated child abuse, as defined in § 39-15-402;

                              (4) Cruelty to animals, as defined in§ 39-14-202; or

                              (5) Aggravated cruelty to animals, as defined in § 39-14-212.

                     (b)

                              (1) A community mental health center or qualified mental health
                    professional as designated by the commissioner shall evaluate each defendant
                    convicted of an offense described in subsection (a) prior to the defendant's
                    sentencing hearing.

                              (2) If the defendant has previously been evaluated pursuant to this
                    section, then the community mental health center or qualified mental health
                    professional shall not evaluate the defendant.

                                (3)

                                         (A) This mental health evaluation is subject to the department's
                              workforce availability and funding, which must be evaluated quarterly by
                              the department for sufficiency to provide the services required by this
                              section.

                                         (B) If the department determines it does not have the workforce
                               availability or funding to conduct the mental health evaluations following
                              the quarterly evaluation as described in subdivision (b)(3)(A), then the
                               department shall create and submit a report regarding the insufficient
                              workforce availability or funding to provide the services required by this
                               section to the chief clerk of each house of the general assembly.

                     (c) The mental health evaluation must be conducted by the community mental
           health center or a qualified mental health professional as designated by the
           commissioner on an outpatient basis.
HB1089

                    (d) The center or the qualified mental health professional shall submit to the court
          an evaluation report with any recommended mental health services for the defendant.

                    (e) If the center or the qualified mental health professional recommends mental
          health services, then the court may include such mental health recommendations as part
          of sentencing.

                     (f)

                              (1) Notwithstanding § 33-7-304, the defendant shall pay for the cost of the
                    evaluation and court-ordered treatment, if applicable, pursuant to this section.
                    Payment must be made to the clerk of court for remittance to the person, agency,
                    or facility to whom compensation is due prior to the evaluation.

                              (2) If the court finds the defendant is indigent, then the department shall
                    pay the community mental health center or the qualified mental health
                    professional for the cost of the evaluation and court-ordered treatment, if
                    applicable.

                    (g) The department is authorized to promulgate rules in accordance with the
          Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate this
          section. Notwithstanding § 4-5-208(a), the department may also promulgate emergency
          rules, if necessary, to effectuate this section.

          SECTION 2. Tennessee Code Annotated, Section 39-13-111, is amended by adding the
following as a new subsection:

                    (g) The court shall order a person convicted of a violation of this section to
          undergo a mental health evaluation, pursuant to Section 1, prior to the defendant's
          sentencing hearing.

           SECTION 3. Tennessee Code Annotated, Section 39-15-401, is amended by adding the
following as a new subsection:

                     U) The court shall order a person convicted of child abuse pursuant to this
           section to undergo a mental health evaluation, pursuant to Section 1, prior to the
           defendant's sentencing hearing.

           SECTION 4. Tennessee Code Annotated, Section 39-15-402, is amended by adding the
 following as a new subsection:

                     (g) The court shall order a person convicted of aggravated child abuse pursuant
           to this section to undergo a mental health evaluation, pursuant to Section 1, prior to the
           defendant's sentencing hearing.

           SECTION 5. Tennessee Code Annotated, Section 39-14-202, is amended by adding the
 following as a new subsection:

                     (h) The court shall order a person convicted of a violation of this section to
           undergo a mental health evaluation, pursuant to Section 1, prior to the defendant's
           sentencing hearing.

           SECTION 6. Tennessee Code Annotated, Section 39-14-212, is amended by deleting
 subsection (f) and substituting:

                     (f) The court shall order a person convicted of a violation of this section to
           undergo a mental health evaluation, pursuant to Section 1, prior to the defendant's
           sentencing hearing.

           SECTION 7. For purposes of promulgating rules, this act takes effect upon becoming a
 law, the public welfare requiring it. For all other purposes, this act takes effect January 1, 2026,
 the public welfare requiring it, and applies to offenses committed on or after that date.

                                                                 2
         HOUSE BILL NO. 1089

PASSED:  April 22, 2025

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                         CAMERON SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

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                          SPEAKER OF THE SENATE

al!" Mo41' APPROVED this
         day of               2025

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BILL LEE, GOVERNOR
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