Amendments	Fiscal Memos
SA0685	Amendment 1-0 to SB2734

	Amendments	Fiscal Memos
HA0584	Amendment 1-1 to HB2517
HA0961	Amendment 2- to HB2517
HA0966	Amendment 3-1 to HB2517

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.

Fiscal Summary

Decrease State Expenditures - $18,449,100 Incarceration*

Bill Summary

This bill revises various provisions regarding controlled substances and school safety zones, as follows;

(1) Under present law (TCA 39-17-417), it is an offense for a defendant to knowingly manufacture a controlled substance; deliver a controlled substance; sell a controlled substance; or possess a controlled substance with intent to manufacture, deliver or sell the controlled substance. The penalty for the offense varies depending on the type and quantity of the substance involved and other various factors. Under present law, a violation of TCA 39-17-417 or a conspiracy to violate the section where the recipient or the intended recipient of the controlled substance is under 18 years of age is punished "one classification higher than otherwise provided in law"; this bill revises this enhanced penalty to instead be "one sentencing range higher than the sentencing range otherwise appropriate for the defendant."

(2) Under the Drug-Free School Zone Act of present law, a violation of TCA 39-17-417, or a conspiracy to violate the section, that occurs on the grounds or facilities of any school or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, or public library, recreational center or park is punished one (1) classification higher than is provided in TCA 39-17-417 for the violation, and the person is also subject to increased fines. This bill revises the zone area to be "the grounds or facilities of any school" and the area "within 500 feet of or within the area bounded by a divided state or federal highway, whichever is less, the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center, or park". This bill makes a similar change under laws governing the marking of school safety zones, to redefine the zone from being "the territory located within 1,000 feet of school property" to being "the territory extending 500 feet from school property or within the area bounded by a divided state or federal highway, whichever is less".

(3) This bill authorizes a court to waive the sentencing enhancements of the Act, described above in (2), and to sentence the defendant as provided by TCA 39-17-417 for the violation if the court finds that the violation occurred:
(A) In a private residence or dwelling;
(B) In a motor vehicle stopped by a law enforcement officer within the prohibited zone of a public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center, or park for a traffic violation; or
(C) During a time when children were not present at the public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center, or park.

(4) Under present law, a defendant sentenced for a violation of the Drug-Free School Zone Act must serve at least the minimum sentence for the defendant's appropriate range of sentence. This bill deletes the mandatory minimum sentence requirements of the Act.

(5) Under present law, unless specifically excepted or unless listed in another schedule, it is an offense to knowingly produce, manufacture, distribute, possess, or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum or certain specified synthetic cannabinoids, including any of their isomers, esters, or salts. A first violation is a Class D felony and a second or subsequent violation is a Class C felony. Under present law, if the violation involves the delivery, dispensing, or sale of a controlled substance analogue to a minor, the person is punished "one classification higher"; this bill revises this enhanced punishment to instead be "one sentencing range higher."

ON JUNE 10, 2020, THE SENATE ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2734, AS AMENDED.

AMENDMENT #1 deletes provisions detailed in items (1) and (5) of the Bill Summary, revises provisions detailed in items (3) and (4), and deletes the reference to "state" highways in item (2).

This amendment replaces the present law mandatory minimum sentencing requirement described in item (2) of the Bill Summary with a rebuttable presumption that a defendant is not required to serve at least the minimum sentence for the defendant's appropriate range of sentence. The rebuttable presumption is overcome if the court finds that the defendant's conduct exposed vulnerable persons to the distractions and dangers that are incident to the occurrence of illegal drug activity.

Under present law, the sentence of a defendant who, as a result of a single act, violates item (2) of the bill summary above may only be enhanced one time under the Drug Free School Zone Act and the provision of TCA 39-17-417 governing minor recipients of drugs for each act. The state must elect under which provision it intends to seek enhancement of the defendant's sentence and must provide notice of the election. This amendment revises the above provision to authorize the enhancement of a defendant's sentence under both the Drug Free School Zone Act and the TCA 39-17-417 provision regarding minor recipients for each act.

ON JUNE 17, 2020, THE HOUSE SUBSTITUTED SENATE BILL 2734 FOR HOUSE BILL 2517, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 2734, AS AMENDED.

AMENDMENT #2 changes this bill's effective date from July 1, 2020, to September 1, 2020.