Sexual Offenders - As enacted, requires registration with the sex offender registry by a juvenile between the ages of 14 and 18 who is adjudicated delinquent for any violent juvenile sexual offense committed on or after July 1, 2011. - Amends TCA Title 37; Title 40; Title 49 and Title 55.
Companion bill has been assigned Public Chapter Number 483 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB0869Date
    Comp. became Pub. Ch. 48306/21/2011
    Sponsor(s) Added.05/21/2011
    Comp. HB Subst (sends SB to dead bill file)05/21/2011
    Am. withdrawn.(Amendment 1 - SA0581)05/21/2011
    Placed on Senate Regular Calendar cal. for 5/21/201105/20/2011
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 9, Nays 0 PNV 005/20/2011
    Placed on S. FW&M Comm. cal. for 5/20/201105/20/2011
    Action Def. in S. FW&M Comm. to 5/20/201105/19/2011
    Placed on S. FW&M Comm. cal. for 5/19/201105/19/2011
    Rec. for pass. w/ am., ref. to S. FW&M Comm. Ayes 8, Nays 0 PNV 005/17/2011
    Placed on S. Jud Comm. cal. for 5/16/201105/11/2011
    Action Def. in S. Jud Comm. to 5/17/201105/11/2011
    Placed on S. Jud Comm. cal. for 5/11/201105/10/2011
    Action Def. in S. Jud Comm. to 5/11/201105/10/2011
    Placed on S. Jud Comm. cal. for 5/10/201105/05/2011
    Action Def. in S. Jud Comm. to 5/10/201105/04/2011
    Placed on S. Jud Comm. cal. for 5/4/201105/04/2011
    Action Def. in S. Jud Comm. to 5/4/201105/03/2011
    Placed on S. Jud Comm. cal. for 5/3/201104/27/2011
    P2C, ref. to S. Jud Comm.02/17/2011
    Intro., P1C.02/16/2011
    Filed for intro.02/15/2011
    Actions For HB0687Date
    Pub. Ch. 483 06/21/2011
    Effective date(s) 07/01/1106/21/2011
    Signed by Governor.06/16/2011
    Transmitted to Governor for his action.06/06/2011
    Signed by S. Speaker05/25/2011
    Signed by H. Speaker05/24/2011
    Enrolled; ready for sig. of H. Speaker.05/24/2011
    H. concurred in S. am. no. 2 Ayes 80, Nays 0 05/21/2011
    H. Placed on Message Calendar #6 for 5/21/201105/21/2011
    Passed S. as am., Ayes 31, Nays 005/21/2011
    S. adopted am. 2 05/21/2011
    S. Subst. HB for comp. SB.05/21/2011
    Rcvd. from H., P1C.05/19/2011
    Engrossed; ready for transmission to Sen.05/18/2011
    Passed H., as am., Ayes 94, Nays 1 05/18/2011
    H. adopted am.(Amendment 2 of 0 - HA0343)05/18/2011
    H. adopted am.(Amendment 1 of 0 - HA0342)05/18/2011
    Sponsor(s) Added.05/18/2011
    H. Placed on Regular Calendar for 5/18/201105/12/2011
    Placed on cal. Calendar & Rules Committee for 5/12/201105/11/2011
    Rec. For Pass. ref. to: Calendar & Rules Committee05/10/2011
    Placed on cal. Finance, Ways & Means Committee for 5/10/201105/04/2011
    Rec. For Pass. by s/c ref. to Finance, Ways & Means Committee 05/04/2011
    Placed on s/c cal Finance Subcommittee for 5/4/201104/27/2011
    Assigned to s/c Finance Subcommittee04/27/2011
    Rec. for Pass. if Am. ref. to: Finance, Ways & Means Committee04/26/2011
    Placed on cal. Judiciary Committee for 4/26/201104/20/2011
    Rec. For Pass. by s/c ref. to Judiciary Committee 04/20/2011
    Placed on s/c cal Judiciary Subcommittee for 4/20/201104/13/2011
    Action Def. in s/c Judiciary Subcommittee to 4/20/201104/13/2011
    Placed on s/c cal Judiciary Subcommittee for 4/13/201104/06/2011
    Action Def. in s/c Judiciary Subcommittee to 4/13/201104/06/2011
    Placed on s/c cal Judiciary Subcommittee for 4/6/201103/30/2011
    Assigned to s/c General Sub of Judiciary02/16/2011
    P2C, ref. to Judiciary Committee02/16/2011
    Intro., P1C.02/14/2011
    Filed for intro.02/11/2011
  • AmendmentsFiscal Memos
    SA0581Amendment 1-1 to SB0869Fiscal Memo for SA0581 (7864)  
    SA0655Amendment 2-1 to SB0869Fiscal Memo for SA0655 (8537)  
    AmendmentsFiscal Memos
    HA0342Amendment 1-1 to HB0687Fiscal Memo for HA0342 (6335)  Fiscal Memo for HA0342 (6335)  Fiscal Memo for HA0342 (6335)  
    HA0343Amendment 2-2 to HB0687Fiscal Memo for HA0343 (6547)  Fiscal Memo for HA0343 (6547)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB0869

  • Fiscal Summary

    Not Available


    Bill Summary

    This bill requires registration with the sex offender registry by a juvenile between the ages of 14 and 18 who is adjudicated delinquent for any violent juvenile sexual offense committed on or after July 1, 2011, and:
    (1) Has been found to be at high risk of re-offending by a court exercising juvenile jurisdiction; or
    (2) Has a prior adjudication of delinquency for a violent juvenile sexual offense.

    A violent juvenile sexual offense is an offense that if committed by an adult constitutes rape, aggravated rape, rape of a child if the victim is at least four years younger than the offender, aggravated rape of a child, aggravated sexual battery, or criminal attempt of such offenses. When the offender becomes 18 years of age, the offender would be classified as a violent sexual offender and would be subject to the provisions of the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act (Act) pertaining to violent sexual offenders.

    Generally, violent juvenile sexual offenders would be subject to the same requirements of the Act as sexual and violent sexual offenders, except as described below.

    Present law prohibits a registered sexual offender or violent sexual offender, whose victim was a minor, from knowingly residing, obtaining sexual offender treatment or attending a sexual offender treatment program, or accepting employment within 1,000 feet of any school, licensed day care center or other child care facility, public park, playground, recreation center or public athletic field available for use by the general public. Present law also generally prohibits a registered sexual offender or violent sexual offender, whose victim was a minor, from knowingly residing with a minor.

    This bill specifies that the above restrictions on where an offender may reside would not apply to a violent juvenile sexual offender, until that offender reaches the age of 18 or graduates from high school, whichever occurs later.

    Present law also prohibits a registered sexual offender or violent sexual offender, whose victim was a minor, from living with a minor unless the offender is the parent of the minor and certain conditions do not apply. This bill specifies that this restriction would apply to a violent juvenile sexual offender only if the victim was not the sibling of the offender. Upon the violent juvenile sexual offender becoming a violent sexual offender, this restriction would apply regardless of whether or not the victim was the sibling of the violent juvenile sexual offender.

    Present law requires a sexual or violent sexual offender to continue to comply with the registration, verification and tracking requirements of the Act for the life of that offender, if that offender:
    (1) Has a prior conviction for a sexual offense, regardless of when the conviction or convictions occurred; or
    (2) Has been convicted of a violent sexual offense.

    This bill extends this requirement to a violent juvenile sexual offender and additionally requires a sexual, violent sexual, or violent juvenile sexual offender to comply with such requirements for life, if that offender has a prior juvenile adjudication for a violent juvenile sexual offense and the adjudication occurred on or after July 1, 2011.

    Present law requires each sexual or violent sexual offender who is a resident of this state, upon obtaining a valid driver license or photo identification card issued by the department of safety and designated to enable a law enforcement officer to identify the bearer of the license or card as a sexual offender or violent sexual offender, to always have the license or identification card in the offender's possession. If any offender is ineligible to be issued a driver license or photo identification card, the department shall provide the offender some other form of identification card or documentation that, if it is kept in the offender's possession, will satisfy this requirement. A violation of this requirement is a Class E felony punishable by a fine only of at least $250.

    This bill does not extend the above requirement to violent juvenile sexual offenders. Instead, this bill specifies that a violent juvenile sexual offender would not be required to obtain a photo identification card, but would be required to obtain a valid driver license properly designated by the department of safety as described above, if the violent juvenile sexual offender is eligible to receive a driver license. A violation of this requirement is a Class E felony punishable in the same manner as violations of the Act are generally punishable under present law.

    Under this bill, a violent juvenile sexual offender would not have to pay the annual specified administrative fees, as is required of a registered violent sexual offender under present law, until the offender reaches the age of 18.

    Under present law, at least 10 years after termination of active supervision on probation, parole or any other alternative to incarceration, or at least 10 years after discharge from incarceration without supervision, a sexual or violent sexual offender may file a request for termination of the registration requirements with TBI headquarters in Nashville. This bill specifies that these provisions will not apply to violent juvenile sex offenders.

    This bill instead requires the director of the TBI to review violent juvenile sex offenders for the purpose of determining if, in the interests of justice and the public's right to know, the violent juvenile sexual offender should remain on the registry. This bill details the factors that must be taken into account in the review if they can be reasonably determined.

    The review would take place within 12 months of the violent juvenile sexual offender reaching 19 years of age, and again every five years thereafter, until the violent juvenile sexual offender has been on the registry for 25 years. Such review would be made only upon the written request of the violent juvenile sexual offender. The violent juvenile sexual offender must continue to be listed on the registry for 25 years, unless the director determines that the violent juvenile sexual offender has established by a preponderance of the evidence that:
    (1) The violent juvenile sexual offender no longer poses any substantial threat of harm to the public;
    (2) The violent juvenile sexual offender has substantially complied with all the terms and conditions of any sentence, probation or supervision;
    (3) The violent juvenile sexual offender poses no substantial threat of harm to any of the violent juvenile sexual offender's victims or the victims' family; and
    (4) It is in the interest of justice that the violent juvenile sexual offender's information be removed from the registry.

    The director's findings may be appealed by either the violent juvenile sexual offender or the state. 25 years after termination of active supervision, probation or custody, a violent juvenile sexual offender required to register under this bill may file a request for termination of registration requirements with TBI headquarters in Nashville.

    ON MAY 18, 2011, THE HOUSE ADOPTED AMENDMENTS #1 AND #2 AND PASSED HOUSE BILL 687, AS AMENDED.

    AMENDMENT #1 rewrites the bill and requires registration with the sex offender registry by a juvenile between the ages of 14 and 18 who is adjudicated delinquent for any violent juvenile sexual offense committed on or after July 1, 2011. A violent juvenile sexual offense is an offense that if committed by an adult constitutes rape, aggravated rape, rape of a child if the victim is at least four years younger than the offender, aggravated rape of a child, or criminal attempt of such offenses. At the time of adjudication of a qualifying offense, such offender would become a violent sexual offender and the provisions of the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act (Act) pertaining to violent sexual offenders would apply to such violent juvenile sexual offender, except as described below.

    RESIDENCY AND OTHER RESTRICTIONS

    Generally, present law prohibits any registered sexual offender or violent sexual offender from knowingly:
    (1) Residing within 1,000 feet of the residence of the offender's former victim or the victim's immediate family members' residence; coming within 100 feet of any of the offender's former victims; or contacting any of the offender's former victims or the victims' immediate family members without the consent of the victim or consent of the victim's parent or guardian if the victim is a minor;
    (2) Being upon the grounds of any public school, private or parochial school, child care facility, public park, playground, recreation center or public athletic field available for use by the general public in this state when the offender has reason to believe children under 18 years of age are present;
    (3) Being within 1,000 feet of any building owned or operated by any public school, private or parochial school, child care facility, public park, playground, recreation center or public athletic field available for use by the general public in this state when children under 18 years of age are present, while not having a reason or relationship involving custody of or responsibility for a child or any other specific or legitimate reason for being there; or
    (4) Being in any conveyance owned, leased or contracted by a school, licensed day care center, other child care facility or recreation center to transport students to or from school, day care, child care, or a recreation center or any related activity thereof when children under 18 years of age are present in the conveyance.

    Generally, present law also prohibits a registered sexual offender or violent sexual offender, whose victim was a minor, from:
    (1) Knowingly residing, obtaining sexual offender treatment or attending a sexual offender treatment program, or accepting employment within 1,000 feet of any school, licensed day care center or other child care facility, public park, playground, recreation center or public athletic field available for use by the general public; or
    (2) Residing with a minor unless the offender is the parent of the minor and certain conditions do not apply.

    This amendment specifies that the above restrictions would not apply to a violent juvenile sexual offender, unless otherwise ordered by a court of competent jurisdiction.

    TERMINATION OF REGISTRATION REQUIREMENT

    Present law requires a sexual or violent sexual offender to continue to comply with the registration, verification and tracking requirements of the Act for the life of that offender, if that offender:
    (1) Has a prior conviction for a sexual offense, regardless of when the conviction or convictions occurred; or
    (2) Has been convicted of a violent sexual offense.

    Under present law, at least 10 years after termination of active supervision on probation, parole or any other alternative to incarceration, or at least 10 years after discharge from incarceration without supervision, a sexual or violent sexual offender may file a request for termination of the registration requirements with TBI headquarters in Nashville.

    This amendment specifies that the above provisions will not apply to violent juvenile sex offenders. This amendment specifies that violent juvenile sexual offenders:
    (1) Who are currently registered as such and who receive a subsequent adjudication in juvenile court or a court having juvenile court jurisdiction for a violent juvenile sexual offense or a crime that if committed in Tennessee would require registration would be required to register for life;
    (2) Who are currently registered as such and who, upon reaching the age of 18, are convicted of a sexual offense or a violent sexual offense would be required to register for life;
    (3) Who reach the age of 25, and who have not been adjudicated or convicted of a subsequent qualifying offense as set out in (1) and (2), would be eligible for termination from the registry. Such offender may apply for removal by use of a form created by the TBI. The TBI would conduct fingerprint-based state and federal criminal history checks to determine whether the violent juvenile sexual offender has been convicted of or adjudicated of any crimes described in (1) or (2), including crimes committed in other jurisdictions. If the violent juvenile sexual offender has not been convicted or adjudicated delinquent in any of the prohibited crimes, the offender would be removed from the registry.

    OTHER PROVISIONS

    Under present law, a sexual or violent sexual offender's registration information, such as the offender's name, address, and place of work or school is considered to be public information. This amendment specifies that such information regarding any violent juvenile sexual offender would be confidential. However, such information would be open to the public once the offender turns 18 years of age if the offender must register for life as described above in (1) and (2).

    Present law requires each sexual or violent sexual offender who is a resident of this state, upon obtaining a valid driver license or photo identification card issued by the department of safety and designated to enable a law enforcement officer to identify the bearer of the license or card as a sexual offender or violent sexual offender, to always have the license or identification card in the offender's possession. If any offender is ineligible to be issued a driver license or photo identification card, the department shall provide the offender some other form of identification card or documentation that, if it is kept in the offender's possession, will satisfy this requirement. A violation of this requirement is a Class E felony punishable by a fine only of at least $250.

    This amendment does not extend the above requirement to violent juvenile sexual offenders. Instead, this amendment specifies that a violent juvenile sexual offender would not be required to obtain a photo identification card or a valid driver license properly designated by the department of safety as described above, until such offender turns 18 years of age. A violation of this requirement is a Class E felony punishable in the same manner as violations of the Act are generally punishable under present law.

    This amendment specifies that a violent juvenile sexual offender would not have to pay the annual specified administrative fees, as is required of a registered violent sexual offender under present law, until the offender reaches the age of 18.

    AMENDMENT #2 makes technical, nonsubstantive changes.

    ON MAY 21, 2011, THE SENATE SUBSTITUTED HOUSE BILL 687 FOR SENATE BILL 869, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 687, AS AMENDED.

    AMENDMENT #2 incorporates the changes described in the summaries for House Amendment #1 and House Amendment #2 and makes additional non-substantive clarifications to this bill by making pinpoint citations to defined terms that are used in this bill.

  • No fiscal note for this bill.
  • House Floor and Committee Votes

    HB0687 by Maggart - FLOOR VOTE: CONCUR IN SENATE AMENDMENT # 2 5/21/2011
    Passed
              Ayes...............................................80
              Noes................................................0

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Curtiss, Dean, DeBerry L, Dennis, Elam, Eldridge, Evans, Faison, Fitzhugh, Fitzhugh, Floyd, Forgety, Gotto, Halford, Hall, Hardaway, Harwell, Hawk, Hawk, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Pitts, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shipley, Sparks, Stewart, Swann, Tidwell, Todd, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 80.

    HB0687 by Maggart - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 5/18/2011
    Passed
              Ayes...............................................94
              Noes................................................1

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Fitzhugh, Floyd, Ford, Forgety, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Harwell, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Jones S, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Tindell, Todd, Towns, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 94.
              Representatives voting no were: Turner J -- 1.

              HB0687 by Maggart - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 5/12/2011
              Voice Vote - Ayes Prevail

              HB0687 by Maggart - HOUSE FINANCE, WAYS & MEANS COMMITTEE:
    Recommended for passage - refer to: Calendar & Rules Committee 5/10/2011
              Voice Vote - Ayes Prevail

              HB0687 by Maggart - HOUSE FINANCE, WAYS & MEANS SUBCOMMITTEE:
    Recommended for passage - refer to: Finance, Ways & Means Committee 5/4/2011
              Voice Vote - Ayes Prevail

              HB0687 by Maggart - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Recommended for passage w/amendments- refer to: Finance, Ways & Means Committee 4/26/2011
              Voice Vote - Ayes Prevail

              HB0687 by Maggart - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Judiciary Committee 4/20/2011
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB0687

    HB0687 by Maggart - FLOOR VOTE: THIRD CONSIDERATION AMENDED 5/21/2011
    Passed
              Ayes...............................................31
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Berke, Burks, Campfield, Crowe, Faulk, Finney L, Ford, Gresham, Harper, Henry, Herron, Johnson, Kelsey, Ketron, Kyle, Marrero, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Stewart, Summerville, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 31.

              SB0869 by Maggart - FLOOR VOTE: MOTION TO ADOPT AMEND# 2 BY McNally 5/21/2011
              VOICE VOTE: Failed

    SB0869 by Kelsey - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 5/20/2011
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Finney L, Henry, Kelsey, Ketron, Kyle, McNally, Norris, Overbey, Watson, Mr. Speaker McNally -- 9.

    SB0869 by Kelsey - SENATE JUDICIARY COMMITTEE:
    Recommended for passage w/amendments- refer to: S. FW&M Comm. 5/17/2011
    Passed
              Ayes................................................8
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Campfield, Kelsey, Marrero, Overbey, Yager -- 8.