Sentencing - As enacted, revises provisions governing sentencing for persons convicted of drug offenses committed in a drug-free school zone; authorizes a court that imposed a sentence for a drug-free school zone offense that occurred prior to September 1, 2020, upon motion of the defendant or the district attorney general or the court's own motion, to resentence the defendant under the current law. - Amends TCA Title 16; Title 39 and Title 40.
Companion bill has been assigned Public Chapter Number 927 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB1528Date
    Comp. became Pub. Ch. 92705/04/2022
    Sponsor(s) Added.04/12/2022
    Companion House Bill substituted04/11/2022
    Placed on Senate Regular Calendar for 4/11/202204/07/2022
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 1 PNV 003/29/2022
    Placed on Senate Judiciary Committee calendar for 3/29/202203/23/2022
    Action deferred in Senate Judiciary Committee to 3/29/202203/22/2022
    Placed on Senate Judiciary Committee calendar for 3/22/202203/16/2022
    Action deferred in Senate Judiciary Committee to 3/22/202203/16/2022
    Placed on Senate Judiciary Committee calendar for 3/16/202203/15/2022
    Action deferred in Senate Judiciary Committee to 3/16/202203/15/2022
    Placed on Senate Judiciary Committee calendar for 3/15/202203/09/2022
    Assigned to General Subcommittee of Senate Judiciary Committee04/20/2021
    Placed on Senate Judiciary Committee calendar for 4/20/202104/14/2021
    Action deferred in Senate Judiciary Committee to 4/20/202104/14/2021
    Placed on Senate Judiciary Committee calendar for 4/14/202104/14/2021
    Action deferred in Senate Judiciary Committee to 4/14/202104/13/2021
    Placed on Senate Judiciary Committee calendar for 4/13/202104/07/2021
    Passed on Second Consideration, refer to Senate Judiciary Committee02/22/2021
    Introduced, Passed on First Consideration02/11/2021
    Filed for introduction02/11/2021
    Actions For HB1449Date
    Effective date(s) 04/29/202205/04/2022
    Pub. Ch. 92705/04/2022
    Signed by Governor.04/29/2022
    Transmitted to Governor for his action.04/19/2022
    Signed by Senate Speaker04/18/2022
    Signed by H. Speaker04/14/2022
    Enrolled; ready for sig. of H. Speaker.04/12/2022
    Passed Senate, Ayes 30, Nays 004/11/2022
    Amendment withdrawn. (Amendment 1 - SA0816)04/11/2022
    Senate substituted House Bill for companion Senate Bill.04/11/2022
    Received from House, Passed on First Consideration03/21/2022
    Engrossed; ready for transmission to Sen.03/17/2022
    Passed H., as am., Ayes 81, Nays 7, PNV 103/17/2022
    H. adopted am. (Amendment 1 - HA0502)03/17/2022
    Sponsor(s) Added.03/17/2022
    H. Placed on Regular Calendar for 3/17/202203/10/2022
    Placed on cal. Calendar & Rules Committee for 3/10/202203/09/2022
    Rec. for pass; ref to Calendar & Rules Committee03/08/2022
    Placed on cal. Finance, Ways, and Means Committee for 3/8/202203/02/2022
    Action def. in Finance, Ways, and Means Committee to 3/8/202203/01/2022
    Placed on cal. Finance, Ways, and Means Committee for 3/1/202202/23/2022
    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee02/23/2022
    Placed on s/c cal Finance, Ways, and Means Subcommittee for 2/23/202202/16/2022
    Assigned to s/c Finance, Ways, and Means Subcommittee02/16/2022
    Rec. for pass. if am., ref. to Finance, Ways, and Means Committee02/09/2022
    Placed on cal. Criminal Justice Committee for 2/9/202202/02/2022
    Sponsor(s) Added.01/19/2022
    Rec for pass if am by s/c ref. to Criminal Justice Committee01/19/2022
    Placed on s/c cal Criminal Justice Subcommittee for 1/19/202201/12/2022
    Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee04/21/2021
    Placed on s/c cal Criminal Justice Subcommittee for 4/21/202104/14/2021
    Reset on Final cal. of Criminal Justice Subcommittee04/14/2021
    Placed on s/c cal Criminal Justice Subcommittee for 4/14/202104/07/2021
    Assigned to s/c Criminal Justice Subcommittee03/30/2021
    Ref. to Criminal Justice Committee03/30/2021
    P2C, caption bill, held on desk - pending amdt.02/25/2021
    Intro., P1C.02/24/2021
    Filed for introduction02/23/2021
  • AmendmentsFiscal Memos
    SA0816Amendment 1-0 to SB1528Fiscal Memo for SA0816 (11968)  
    AmendmentsFiscal Memos
    HA0502Amendment 1-1 to HB1449Fiscal Memo for HA0502 (11968)  

    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: SB1528

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    ON MARCH 17, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1449, AS AMENDED.

    AMENDMENT #1 rewrites this bill to change present law concerning sentencing for persons convicted of drug offenses committed in a drug-free school zone.

    Public Chapter 803 of 2020 made several changes to the drug-free school zone law, including changing the sentence enhancement of punishing a drug offense involving manufacture, delivery, or sale of a controlled substance in a drug-free school zone one classification higher than if the offense were not committed in such a zone from a mandatory to a permissive enhancement. Public Chapter 803 of 2020 also changed the physical boundaries of what constitutes a drug-free school zone. Public Chapter 803 of 2020 took effect September 1, 2020.

    Present law specifies that a person sentenced to incarceration for a drug-free school offense is ineligible for early release prior to serving at least the entire minimum sentence for the appropriate range of sentence.

    This amendment authorizes a court that imposed a sentence for a drug-free school zone offense that occurred prior to September 1, 2020, upon motion of the defendant or the district attorney general or the court's own motion, to resentence the defendant under the present law. In a hearing on any such motion, the defendant bears the burden of proof to show that the defendant would be sentenced to a shorter period of confinement if the defendant's offense had occurred on or after September 1, 2020. This amendment prohibits a court from resentencing the defendant if the new sentence would be greater than the sentence originally imposed or if the court finds that resentencing the defendant would not be in the interests of justice. The full text of this amendment specifies factors for the court to consider in determining whether a new sentence would be in the interests of justice.

    This amendment prohibits a court from hearing a motion for resentencing made pursuant to this amendment if:

    (1) A previous motion made under this amendment to reduce the sentence was denied after a review of the motion on the merits;

    (2) Resentencing the defendant to a shorter period of confinement for this offense would not reduce the defendant's overall sentence or lead to an earlier release; or

    (3) The defendant has previously applied to the governor for a grant of executive clemency on or after December 2, 2021, for the same offense and has been denied.

    This amendment further specifies that it does not require a court to reduce any sentence.

  • FiscalNote for SB1528/HB1449 filed under SB1528

  • House Floor and Committee Votes

    HB1449 by Curcio - FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 3/17/2022
    Passed
              Ayes...............................................81
              Noes................................................7
              Present and not voting...................1

              Representatives voting aye were: Alexander, Baum, Beck, Boyd, Bricken, Byrd, Calfee, Campbell S, Camper, Carr, Carringer, Casada, Chism, Clemmons, Cochran, Cooper, Crawford, Curcio, Darby, Eldridge, Faison, Farmer, Freeman, Garrett, Gillespie, Grills, Hakeem, Halford, Hall, Hardaway, Harris, Hawk, Hazlewood, Helton, Hicks G, Hicks T, Hodges, Holsclaw, Howell, Hulsey, Jernigan, Johnson C, Johnson G, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Lynn, Mannis, Marsh, McKenzie, Miller, Mitchell, Moon, Parkinson, Powell, Powers, Ragan, Ramsey, Reedy, Rudder, Russell, Sexton J, Shaw, Sherrell, Sparks, Terry, Thompson, Todd, Towns, Travis, Vaughan, Vital, Warner, White, Whitson, Williams, Windle, Wright, Zachary -- 81.
              Representatives voting no were: Cepicky, Doggett, Gant, Moody, Ogles, Weaver, Mr. Speaker Sexton C -- 7.
              Representatives present and not voting were: Haston -- 1.

              HB1449 by Curcio - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 3/17/2022 3/10/2022
              Voice Vote - Ayes Prevail

              HB1449 by Curcio - HOUSE FINANCE, WAYS, AND MEANS COMMITTEE:
    Rec. for pass; ref to Calendar & Rules Committee 3/8/2022
              Voice Vote - Ayes Prevail

              HB1449 by Curcio - HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE:
    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee 2/23/2022
              Voice Vote - Ayes Prevail

              HB1449 by Curcio - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Rec. for pass. if am., ref. to Finance, Ways, and Means Committee 2/9/2022
              Voice Vote - Ayes Prevail Rep(s). Doggett, Griffey, Hulsey, Moody, Russell requested to be recorded as voting No

              HB1449 by Curcio - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Criminal Justice Committee 1/19/2022
              Voice Vote - Ayes Prevail Rep(s). Doggett, Griffey requested to be recorded as voting No

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB1449

    HB1449 by Curcio - FLOOR VOTE: Third Consideration 4/11/2022
    Passed
              Ayes...............................................30
              Noes................................................0

              Senators voting aye were: Akbari, Bailey, Bell, Bowling, Briggs, Campbell, Crowe, Gardenhire, Gilmore, Haile, Hensley, Jackson, Johnson, Kelsey, Lamar, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Walley, White, Yager, Yarbro -- 30.

    SB1528 by Roberts - SENATE JUDICIARY COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 1 PNV 0 3/29/2022
    Passed
              Ayes................................................8
              Noes................................................1

              Senators voting aye were: Bell, Gardenhire, Kyle, Lamar, Lundberg, Roberts, Rose, Stevens -- 8.
              Senators voting no were: White -- 1.