Sentencing - As enacted, revises punishment for convictions for domestic assault. - Amends TCA Title 39; Title 40 and Title 41.
Companion bill has been assigned Public Chapter Number 987 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB2251Date
    Comp. became Pub. Ch. 98705/15/2012
    Sponsor(s) Added.04/25/2012
    Am. withdrawn.(Amendment 3 - SA1249)04/25/2012
    Am. withdrawn.(Amendment 2 - SA0733)04/25/2012
    Am. withdrawn.(Amendment 1 - SA0732)04/25/2012
    Comp. HB Subst (sends SB to dead bill file)04/25/2012
    Placed on Senate Regular Calendar cal. for 4/25/201204/24/2012
    S. Reset on cal. for 4/25/201204/24/2012
    Placed on Senate Regular Calendar 2 cal. for 4/24/201204/20/2012
    Sponsor(s) Added.04/19/2012
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 11, Nays 0 PNV 004/17/2012
    Placed on S. FW&M Comm. cal. for 4/17/201204/11/2012
    Action Def. in S. FW&M Comm. to 4/17/201204/10/2012
    Placed on S. FW&M Comm. cal. for 4/10/201204/04/2012
    Action Def. in S. FW&M Comm. to 4/10/201204/03/2012
    Placed on S. FW&M Comm. cal. for 4/3/201203/28/2012
    Rec. for pass. w/ am., ref. to S. FW&M Comm. Ayes 7, Nays 0 PNV 202/14/2012
    Placed on S. Jud Comm. cal. for 2/14/201202/08/2012
    Action Def. in S. Jud Comm. to 2/14/201202/07/2012
    Sponsor(s) Added.02/03/2012
    Placed on S. Jud Comm. cal. for 2/7/201202/01/2012
    Sponsor(s) Added.01/19/2012
    P2C, ref. to S. Jud Comm.01/13/2012
    Intro., P1C.01/12/2012
    Filed for intro.01/10/2012
    Actions For HB2389Date
    Pub. Ch. 987 05/15/2012
    Effective date(s) 07/01/1205/15/2012
    Signed by Governor.05/10/2012
    Transmitted to Governor for his action.05/02/2012
    Signed by S. Speaker05/01/2012
    Signed by H. Speaker04/30/2012
    Enrolled; ready for sig. of H. Speaker.04/30/2012
    Passed S., Ayes 33, Nays 004/25/2012
    S. Subst. HB for comp. SB.04/25/2012
    Rcvd. from H., P1C.04/19/2012
    Engrossed; ready for transmission to Sen.04/18/2012
    Passed H., as am., Ayes 97, Nays 1 04/18/2012
    Am. withdrawn.(Amendment 5 - HA1234)04/18/2012
    Am. withdrawn.(Amendment 4 - HA1235)04/18/2012
    Am. 3 tabled., Ayes 50, Nays 40 04/18/2012
    H. adopted am.(Amendment 2 of 0 - HA0851)04/18/2012
    Am. withdrawn.(Amendment 1 - HA0850)04/18/2012
    Sponsor(s) Added.04/18/2012
    H. Placed on Regular Calendar for 4/18/201204/12/2012
    Placed on cal. Calendar & Rules Committee for 4/12/201204/11/2012
    Rec. For Pass. ref. to: Calendar & Rules Committee04/10/2012
    Placed on cal. Finance, Ways & Means Committee for 4/10/201204/04/2012
    Rec. For Pass. by s/c ref. to Finance, Ways & Means Committee 04/04/2012
    Placed on s/c cal Finance Subcommittee for 4/4/201203/28/2012
    Assigned to s/c Finance Subcommittee03/28/2012
    Rec. for Pass. if Am. ref. to: Finance, Ways & Means Committee03/06/2012
    Placed on cal. Judiciary Committee for 3/6/201202/29/2012
    Action Def. in Judiciary Committee to 3/6/201202/21/2012
    Placed on cal. Judiciary Committee for 2/21/201202/15/2012
    Action Def. in Judiciary Committee to 2/21/201202/14/2012
    Placed on cal. Judiciary Committee for 2/14/201202/08/2012
    Sponsor(s) Added.02/07/2012
    Action Def. in Judiciary Committee to 2/14/201202/07/2012
    Sponsor(s) Added.02/06/2012
    Placed on cal. Judiciary Committee for 2/7/201202/01/2012
    Rec. For Pass. by s/c ref. to Judiciary Committee 02/01/2012
    Placed on s/c cal Judiciary Subcommittee for 2/1/201201/25/2012
    Action Def. in s/c Judiciary Subcommittee to 2/1/201201/25/2012
    Placed on s/c cal Judiciary Subcommittee for 1/25/201201/18/2012
    Assigned to s/c Judiciary Subcommittee 01/18/2012
    Sponsor(s) Added.01/17/2012
    P2C, ref. to Judiciary Committee 01/13/2012
    Intro., P1C.01/12/2012
    Filed for intro.01/10/2012
  • AmendmentsFiscal Memos
    SA0732Amendment 1-1 to SB2251Fiscal Memo for SA0732 (13132)  
    SA0733Amendment 2-2 to SB2251Fiscal Memo for SA0733 (13134)  
    SA1249Amendment 3-1 to SB2251Fiscal Memo for SA1249 (13779)  
    AmendmentsFiscal Memos
    HA0850Amendment 1-1 to HB2389Fiscal Memo for HA0850 (12930)  
    HA0851Amendment 2-2 to HB2389Fiscal Memo for HA0851 (13779)  
    HA1205Amendment 3- to HB2389 
    HA1235Amendment 4- to HB2389 
    HA1234Amendment 5- to HB2389 

    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: SB2251

  • Fiscal Summary

    Not Available


    Bill Summary

    This bill establishes increased punishment for second and subsequent convictions of domestic assault.

    Under present law, domestic assault is a Class A misdemeanor, unless the assault solely involves the intentional or knowing physical contact with another that a reasonable person would regard as extremely offensive or provocative, in which case, the offense is a Class B misdemeanor. Additionally, a person convicted of domestic assault must terminate possession of all firearms and, if the court determines that the defendant has the ability to pay a fine of up to $225, then the court must impose a fine of up to $225, at the level of the defendant's ability to pay.

    This bill specifies that any person convicted of a second conviction of domestic assault must be sentenced to confinement for between 45 days and 11 months and 29 days and to pay a fine of between $350 and $3,500. Additionally, any person convicted of a third or subsequent conviction of domestic assault must be sentenced to confinement for between 120 days and 11 months and 29 days and to pay a fine of between $1,100 and $5,000.

    ON APRIL 18, 2012, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 2389, AS AMENDED.

    AMENDMENT #2 rewrites this bill. Under present law, a person commits domestic assault who:

    (1) Intentionally, knowingly or recklessly causes bodily injury to a domestic abuse victim;
    (2) Intentionally or knowingly causes a domestic abuse victim to reasonably fear imminent bodily injury; or
    (3) Intentionally or knowingly causes physical contact with a domestic abuse victim and a reasonable person would regard the contact as extremely offensive or provocative.

    This amendment specifies that:

    (1) A first conviction of domestic assault and a second or subsequent conviction of domestic assault as described above in (2) or (3) will be punished as it is under present law (as described above in the bill summary);
    (2) For a second conviction of domestic assault as described above in (1), there will be imposed a fine of between $350 and $3,500, and the person will be confined to the county jail or workhouse for not less than 30 days, nor more than 11 months and 29 days; and
    (3) For a third or subsequent conviction of domestic assault as described above in (1), there will be imposed a fine of between $1,100 and $5,000, and the person will be confined in the county jail or workhouse for not less than 90 days, nor more than 11 months and 29 days.

    However, a person who is convicted of domestic abuse as described above in (1) would not be subject to the enhanced penalties described above in (2) and (3), if 10 or more years have elapsed between the date of the present violation and the date of any immediately preceding violation of domestic abuse as described above in (1) that resulted in a conviction for such offense.

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

    HB2389 by McCormick - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/18/2012
    Passed
              Ayes...............................................98
              Noes................................................1

              Representatives voting aye were: Alexander, Armstrong, Brooks H, Brooks K, Brown, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Favors, Fitzhugh, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Harwell, Hawk, Hawk, 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 J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 98.
              Representatives voting no were: Bass -- 1.

    HB2389 by McCormick - FLOOR VOTE: LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 3 BY Bass PASSAGE ON THIRD CONSIDERATION 4/18/2012
    Passed
              Ayes...............................................50
              Noes...............................................40

              Representatives voting aye were: Armstrong, Brooks H, Brooks K, Butt, Carr, Cobb, Coley, Dean, Dennis, Dunn, Elam, Eldridge, Faison, Favors, Forgety, Gotto, Halford, Hall, Harrison, Harwell, Hawk, Hawk, Haynes, Holt, Hurley, Johnson C, Johnson C, Johnson P, Lollar, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Montgomery, Powers, Ragan, Ramsey, Rich, Roach, Sargent, Sexton, Shipley, Sparks, Todd, Watson, Weaver, White, Williams K, Williams R, Mr. Speaker Harwell, Mr. Speaker Williams K -- 50.
              Representatives voting no were: Alexander, Bass, Brown, Camper, Cooper, Curtiss, DeBerry L, Fitzhugh, Fitzhugh, Floyd, Gilmore, Hardaway, Harmon, Hensley, Hill, Jones S, Keisling, Kernell, Lundberg, McDonald, Miller D, Miller L, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Pruitt, Shaw, Shepard, Sontany, Stewart, Swann, Tidwell, Towns, Turner J, Turner M, Windle, Womick, Mr. Speaker Naifeh -- 40.

              HB2389 by McCormick - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 4/12/2012
              Voice Vote - Ayes Prevail

              HB2389 by McCormick - HOUSE FINANCE, WAYS & MEANS COMMITTEE:
    Recommended for passage - refer to: Calendar & Rules Committee 4/10/2012
              Voice Vote - Ayes Prevail

              HB2389 by McCormick - HOUSE FINANCE, WAYS & MEANS SUBCOMMITTEE:
    Recommended for passage - refer to: Finance, Ways & Means Committee 4/4/2012
              Voice Vote - Ayes Prevail

              HB2389 by McCormick - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Recommended for passage w/amendments- refer to: Finance, Ways & Means Committee 3/6/2012
              Voice Vote - Ayes Prevail

              HB2389 by McCormick - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Recommended for passage - refer to: Judiciary Committee 2/1/2012
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB2389

    HB2389 by McCormick - FLOOR VOTE: THIRD CONSIDERATION 4/25/2012
    Passed
              Ayes...............................................33
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Berke, Burks, Campfield, Crowe, Faulk, Finney L, Ford, Gresham, Harper, Haynes, Henry, Herron, Johnson, Kelsey, Ketron, Kyle, Marrero, Massey, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Stewart, Summerville, Tate, Tracy, Watson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 33.

    SB2251 by Norris - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 4/17/2012
    Passed
              Ayes...............................................11
              Noes................................................0

              Senators voting aye were: Finney L, Gresham, Haynes, Henry, Kelsey, Ketron, Kyle, McNally, Norris, Overbey, Watson, Mr. Speaker McNally -- 11.

    SB2251 by Norris - SENATE JUDICIARY COMMITTEE:
    Recommended for passage w/amendments- refer to: S. FW&M Comm. 2/14/2012
    Passed
              Ayes................................................7
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Ford, Marrero, Overbey, Yager -- 7.