Criminal Procedure - As enacted, revises eligibility criteria for pretrial and judicial diversion programs. - Amends TCA Title 39; Title 40 and Title 41.
Companion bill has been assigned Public Chapter Number 484 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB1234Date
    Comp. became Pub. Ch. 48406/21/2011
    Sponsor(s) Added.05/20/2011
    Comp. HB Subst (sends SB to dead bill file)05/20/2011
    Placed on Senate Regular Calendar cal. for 5/20/201105/19/2011
    S. Reset on cal. for 5/20/201105/19/2011
    Placed on Senate Regular Calendar cal. for 5/19/201105/17/2011
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 9, Nays 0 PNV 005/17/2011
    Placed on S. Jud Comm. cal. for 5/16/201105/11/2011
    Sponsor(s) Added.05/09/2011
    Assigned to Gen. Sub of Jud. Com.03/07/2011
    P2C, ref. to S. Jud Comm.02/23/2011
    Intro., P1C.02/17/2011
    Filed for intro.02/16/2011
    Actions For HB0694Date
    Pub. Ch. 484 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. 1 Ayes 76, Nays 11 05/21/2011
    H. Placed on Message Calendar #3 for 5/20/201105/20/2011
    Passed S. as am., Ayes 32, Nays 005/20/2011
    S. adopted am. 1 05/20/2011
    S. Subst. HB for comp. SB.05/20/2011
    Rcvd. from H., P1C.05/16/2011
    Engrossed; ready for transmission to Sen.05/12/2011
    Sponsor(s) Added.05/12/2011
    Passed H., Ayes 74, Nays 23 05/12/2011
    Am. no. 1 tabled Ayes 55, Nays 36 05/12/2011
    H. Placed on Regular Calendar for 5/12/201105/05/2011
    Reset on Regular cal. for 5/12/1105/05/2011
    Sponsor(s) Added.05/05/2011
    H. Placed on Regular Calendar for 5/5/201104/28/2011
    Placed on cal. Calendar & Rules Committee for 4/28/201104/27/2011
    Rec. For Pass. ref. to: Calendar & Rules 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 4/20/201104/12/2011
    Placed on s/c cal Judiciary Subcommittee for 4/12/201104/07/2011
    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
    SA0582Amendment 1-1 to SB1234 
    AmendmentsFiscal Memos
    HA0445Amendment 1- to HB0694 

  • Videos containing keyword: SB1234

  • Fiscal Summary

    Not Available


    Bill Summary

    This bill abolishes pretrial diversion and the authority of courts to grant pretrial diversion.

    Under present law, when a capias has been returned not to be found, and in felony cases when, before or after conviction, the defendant breaks jail or forfeits the bond for appearance, the court may strike the cause from the docket, and give judgment against the state for the costs as the state is bound to pay in case of nolle prosequi or acquittal of the defendant. The cause is not discontinued by such judgment. If the defendant is afterwards taken or comes into the state, a capias or other process runs against the defendant and the case proceeds as if it had not been stricken from the docket. This bill removes these provisions.

    Under present law, a court may grant a qualified defendant judicial diversion by deferring further proceedings against such defendant and placing such defendant on probation upon such reasonable conditions as it may require without entering a judgment of guilty and with the consent of the qualified defendant. A "qualified defendant" is a defendant who:
    (1) Is found guilty of or pleads guilty or nolo contendere to the offense for which deferral of further proceedings is sought;
    (2) Is not seeking deferral of further proceedings for a sexual offense, a violation of willful abuse, neglect or exploitation of an adult who because of mental or physical dysfunction or advanced age is eligible for protective service under present law; a violation of physically abusing or grossly neglecting an impaired adult if the abuse or neglect results in serious mental or physical harm; or a Class A or Class B felony; and
    (3) Has not previously been convicted of a felony or a Class A misdemeanor.

    This bill revises the definition of a "qualified defendant" to require that such defendant not previously be convicted of a felony or a Class A misdemeanor "for which a sentence of confinement is served" and to require that such defendant not have previously been granted judicial or pretrial diversion.

    NOTE: It appears that present law provisions specifically entitling or prohibiting a defendant to or from the use of pretrial diversion under TCA 39-17-417(2)(A), 39-17-420(h), 39-17-1324(e)(2), 40-32-101(a)(1)(A) and (D), 55-10-403(b)(1), 55-50-504, and 69-9-219 should be removed.

    ON MAY 20, 2011, THE SENATE SUBSTITUTED HOUSE BILL 694 FOR SENATE BILL 1234, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 694, AS AMENDED.

    AMENDMENT #1 rewrites the bill and revises who would be eligible for pretrial or judicial diversion.

    PRETRIAL DIVERSION

    Under present law, a qualified defendant is eligible for pretrial diversion and may agree that the prosecution will be suspended for a specified period of up to two years from the filing of a memorandum of understanding. A defendant is a "qualified defendant" if:
    (1) The defendant has not previously been granted pretrial or judicial diversion;
    (2) The defendant does not have a prior misdemeanor conviction for which a sentence of confinement is served or a prior felony conviction within a five-year period after completing the sentence or probationary program for the prior conviction; and
    (3) The offense for which the prosecution is being suspended is not a Class A or Class B felony, a sexual offense, DUI, vehicular assault, or a Class C felony as defined. Present law defines "Class C felony," for purposes of pretrial diversion, to mean conduct which constitutes the following offenses: adulteration of foods, liquids or pharmaceuticals; aggravated assault resulting in serious bodily injury; aggravated burglary; bribery of a public servant; bribing a juror; bribing a witness; buying and selling in regard to public offices; introduction of weapons, explosives, intoxicants or drugs into a state, county, or municipal institution where prisoners are quartered; robbery; voluntary manslaughter; or vehicular homicide.

    This amendment rewrites the definition of "qualified defendant", with regard to pretrial diversion, to instead specify that a defendant is a "qualified defendant" if:
    (1) The defendant has not previously been granted pretrial or judicial diversion;
    (2) The defendant does not have a prior conviction for a Class A or B misdemeanor or for any class of felony; and
    (3) The charged offense for which the prosecution is being suspended is not a felony or any of the following offenses:
    (A) DUI;
    (B) Any misdemeanor sexual offense;
    (C) Conspiracy or criminal attempt to commit any Class E felony sexual offense; or
    (D) Solicitation to commit any Class E or D felony sexual offense.

    JUDICIAL DIVERSION

    Under present law, a court may grant a qualified defendant judicial diversion by deferring further proceedings against such defendant and placing such defendant on probation upon such reasonable conditions as it may require without entering a judgment of guilty and with the consent of the qualified defendant. A "qualified defendant" is a defendant who:
    (1) Is found guilty of or pleads guilty or nolo contendere to the offense for which deferral of further proceedings is sought;
    (2) Is not seeking deferral of further proceedings for a sexual offense, a violation of willful abuse, neglect or exploitation of an adult who because of mental or physical dysfunction or advanced age is eligible for protective service under present law; a violation of physically abusing or grossly neglecting an impaired adult if the abuse or neglect results in serious mental or physical harm; or a Class A or Class B felony; and
    (3) Has not previously been convicted of a felony or a Class A misdemeanor.

    This bill revises the definition of a "qualified defendant", regarding judicial diversion, to require that such defendant not previously be convicted of a felony or a Class A misdemeanor "for which a sentence of confinement is served" and to require that such defendant not have previously been granted judicial or pretrial diversion.

    The bill, as amended, would take effect on July 1, 2011, and would govern the eligibility of a person for pretrial or judicial diversion for any person charged with an offense that was committed on or after such date.

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

    HB0694 by Maggart - FLOOR VOTE: CONCUR IN SENATE AMENDMENT # 1 5/21/2011
    Passed
              Ayes...............................................76
              Noes...............................................11

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Campbell, Casada, Casada, Cobb, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Elam, Eldridge, Evans, Faison, Fitzhugh, Fitzhugh, Floyd, Forgety, Gotto, Halford, Hall, Harrison, 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, Montgomery, Moore, Naifeh, Niceley, Odom, Pitts, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shepard, Shipley, Sontany, Sparks, Swann, Tidwell, Todd, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 76.
              Representatives voting no were: Brown, Camper, Favors, Gilmore, Miller L, Parkinson, Richardson, Shaw, Stewart, Turner J, Turner M -- 11.

    HB0694 by Maggart - FLOOR VOTE: PASSAGE ON THIRD CONSIDERATION 5/12/2011
    Passed
              Ayes...............................................74
              Noes...............................................23

              Representatives voting aye were: Alexander, Bass, Brooks H, Butt, Campbell, Carr, Casada, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Fitzhugh, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harmon, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Montgomery, Moore, Niceley, Odom, Pitts, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shipley, Sontany, Sparks, Swann, Tidwell, Todd, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Williams K -- 74.
              Representatives voting no were: Armstrong, Brown, Camper, Cooper, DeBerry L, Dennis, Favors, Gilmore, Hardaway, Johnson P, Jones S, Kernell, Miller L, Naifeh, Parkinson, Pruitt, Richardson, Shaw, Shepard, Stewart, Tindell, Towns, Turner J, Mr. Speaker Naifeh -- 23.

    HB0694 by Maggart - FLOOR VOTE: PREVIOUS QUESTION PASSAGE ON THIRD CONSIDERATION 5/12/2011
    Passed
              Ayes...............................................67
              Noes...............................................26

              Representatives voting aye were: Alexander, Brooks H, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Coley, Dean, DeBerry J, Dunn, Elam, Eldridge, Faison, Fitzhugh, Fitzhugh, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harmon, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hurley, Johnson C, Johnson C, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Montgomery, Niceley, Pitts, Pody, Powers, Ragan, Ramsey, Rich, Richardson, Roach, Sargent, Sexton, Shepard, Shipley, Sparks, Swann, Todd, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Williams K -- 67.
              Representatives voting no were: Armstrong, Bass, Brown, Cooper, Curtiss, Dennis, Favors, Gilmore, Hardaway, Hill, Holt, Johnson P, Kernell, Miller L, Moore, Odom, Parkinson, Pruitt, Sanderson, Shaw, Sontany, Stewart, Tidwell, Tindell, Towns, Turner J -- 26.

    HB0694 by Maggart - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 1 BY Dennis PASSAGE ON THIRD CONSIDERATION 5/12/2011
    Passed
              Ayes...............................................55
              Noes...............................................36

              Representatives voting aye were: Alexander, Armstrong, Butt, Carr, Casada, Casada, Cobb, Cooper, Dean, DeBerry J, Elam, Eldridge, Floyd, Forgety, Gotto, Halford, Hall, Harrison, Hawk, Hawk, Hensley, Hurley, Johnson C, Johnson C, Keisling, Lollar, Maggart, Marsh, McCormick, McCormick, McDonald, McManus, Miller D, Miller L, Montgomery, Niceley, Odom, Parkinson, Powers, Ragan, Ramsey, Rich, Sargent, Sexton, Shipley, Sontany, Sparks, Swann, Tidwell, Todd, Towns, Turner M, Watson, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Williams K -- 55.
              Representatives voting no were: Bass, Brown, Campbell, Camper, Coley, Curtiss, DeBerry L, Dennis, Dunn, Evans, Faison, Favors, Gilmore, Hardaway, Harmon, Haynes, Hill, Holt, Johnson P, Kernell, Lundberg, Matheny, Matlock, McDaniel, McDaniel, Naifeh, Pitts, Pody, Pruitt, Richardson, Roach, Sanderson, Shaw, Stewart, Tindell, Turner J, Weaver, Mr. Speaker Naifeh -- 36.

              HB0694 by Maggart - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 4/28/2011
              Voice Vote - Ayes Prevail

              HB0694 by Maggart - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Recommended for passage - refer to: Calendar & Rules Committee 4/26/2011
              Voice Vote - Ayes Prevail Rep.(s) Camper, Dennis requested to be recorded as voting No

    HB0694 by Maggart - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Recommended for passage - refer to: Judiciary Committee 4/20/2011
    Passed
              Ayes................................................7
              Noes................................................2

              Representatives voting aye were: Bass, Coley, Lundberg, Matheny, Rich, Sontany, Watson -- 7.
              Representatives voting no were: Camper, Dennis -- 2.

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB0694

    HB0694 by Maggart - FLOOR VOTE: THIRD CONSIDERATION AMENDED 5/20/2011
    Passed
              Ayes...............................................32
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Berke, Burks, Campfield, Faulk, Finney L, Ford, Gresham, Harper, Haynes, Henry, Herron, Johnson, Kelsey, Ketron, Kyle, Marrero, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Stewart, Summerville, Tate, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 32.

              SB1234 by Maggart - FLOOR VOTE: MOTION TO ADOPT AMEND# 1 BY Beavers 5/20/2011
              VOICE VOTE: Failed

    SB1234 by Yager - SENATE JUDICIARY COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 5/17/2011
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Campfield, Ford, Kelsey, Marrero, Overbey, Yager -- 9.