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Jails, Local Lock-ups - As enacted, authorizes a sheriff, jail administrator, or deputy jailer to refuse or delay acceptance into the jail of an arrestee if the arrestee has not received medical treatment for obvious ser, 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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                        ~tate of utcnnessee

                           PUBLIC CHAPTER NO. 751

                                                  HOUSE BILL NO. 1815

By Representatives Russell, Howell, Atchley, Sherrell, Eldridge, Doggett, Davis, Bricken,
                                                              Travis

                                       Substituted for: Senate Bill No. 1724

                By Senators Hatcher, Bailey, Bowling, Haile, Jackson, Walley, White

         AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 8; Title 29; Title 40 and
Title 41 , relative to arrestees.

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

          SECTION 1. Tennessee Code Annotated, Section 29-9-102, is amended by adding the
following as a new subsection (b):

                    (b) This section does not apply to a jailer refusing an arrestee pursuant to § 41-4-
          145.

          SECTION 2. Tennessee Code Annotated, Section 41-4-103(a)(7), is amended by
deleting the subdivision and substituting:

                    (7) Except as provided in § 41-7-145, all other persons committed to the jail by
          authority of law.

          SECTION 3. Tennessee Code Annotated, Title 41, Chapter 4, Part 1, is amended by
adding the following as a new section:

          41-4-145.

                    (a) A sheriff, jail administrator, or deputy jailer may refuse or delay acceptance
          into the jail an arrestee if the arrestee has not received medical treatment for obvious
          serious physical injuries or conditions of an emergency nature.

                    (b) Upon refusal or delay under subsection (a):

                              (1) The sheriff, jail administrator, or deputy jailer shall document the
                    factual basis for the determination.

                              (2) It is the responsibility of the arresting law enforcement agency to
                    obtain medical attention for the arrestee prior to delivery to the jail.

                    (c) Upon medical release by the healthcare facility or healthcare provider, the
          sheriff, jail administrator, or deputy jailer must assume custody of the individual when
          presented at the jail. The arresting agency shall provide the jail with the medical release
          or discharge documentation from the healthcare provider or healthcare facility.

                    (d) Notwithstanding this section, the sheriff, jail administrator, or deputy jailer may
          accept an arrestee into custody who appears to be in need of medical attention and who
          refuses medical examination or medical attention. The sheriff, jail administrator, or
          deputy jailer is immune from civil and criminal liability for accepting such arrestees into
          custody.

          SECTION 4. Tennessee Code Annotated, Section 8-8-201, is amended by adding the
following new subsection:

                    (c) A sheriff, jail administrator, or deputy jailer whose duty it is to receive persons
          arrested pursuant to law may refuse or delay acceptance of an arrestee as provided in §
          41-4-145.
HB1815
          SECTION 5. This act takes effect July 1, 2026, the public welfare requiring it.

                                                                 2
         HOUSE BILL NO. 1815

PASSED:  March 26, 2026

                                                              #.

                                    CAMERO~XTON,SPEAKER
                                    HOUSE OF REPRESENTATIVES

                         Q_  ,&"' Yv:-,,-,.,~ ~ ' - " -

                                    '  RANDY MCNA)i_Y

                                       SPEAKER OF THE SENATE

APPROVED this llot:l day of (\pr;\     2026

    ~~-

BILL LEE, GOVERNOR
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