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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~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.
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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, GOVERNOREvery fact on this page links to its source, starting with the official bill record.