Amends TCA Title 40, Chapter 35 and Title 40, Chapter 39.
Generally under present law, a person required to register as a sex offender or violent sex offender may file a request for termination no sooner than 10 years after termination of active supervision on probation, parole or any other alternative to incarceration, or no sooner than 10 years after discharge from incarceration without supervision. This bill adds that if a person is required to register due to a plea taken in conjunction with judicial diversion, then that person may file a request for termination of registration upon completion of the term of judicial diversion and upon receiving an order from a court signifying the successful completion of the term of judicial diversion and dismissal of charges, and the TBI must accordingly remove the person from the registry.<br /> <br /> This bill specifies that it is remedial in nature and will apply to any person sentenced under judicial diversion.<br /> <br /> ON APRIL 24, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 624, AS AMENDED.<br /> <br /> AMENDMENT #1 adds that this bill does not create an affirmative duty for the TBI to review its records or notify any person to whom this bill applies; however, upon request, the TBI must verify the record of any person to whom this bill applies and, if appropriate, remove the person's name from the registry and notify the person that the person is no longer required to comply with the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004.<br /> <br /> ON MAY 1, 2019, THE SENATE SUBSTITUTED HOUSE BILL 624 FOR SENATE BILL 544, ADOPTED AMENDMENTS #2 AND #3, AND PASSED HOUSE BILL 624, AS AMENDED.<br /> <br /> AMENDMENT #2 changes this bill and present law by specifying that the circumstances under which the TBI will be required to remove a sexual offender's name from the registry are as follows:<br /> <br /> (1) The offender has successfully completed a term of judicial diversion for committing sexual battery, mitigated statutory rape, statutory rape, or aggravated statutory rape, for which the person is required to register;<br /> (2) The offender previously entered a term of judicial diversion prior to the date that this bill becomes a law for the offense for which the person is required to register and subsequently successfully completes the term of judicial diversion; or<br /> (3) The offender has not been convicted of any additional sexual offense or violent sexual offense during the ten-year period and the offender has substantially complied with the requirements of the registry.<br /> <br /> AMENDMENT #3 incorporates the same changes as Senate Amendment #2, except this amendment removes aggravated statutory rape as an eligible offense, as described in (1) of the Summary for Senate Amendment #2.<br /> <br />
Generally under present law, a person required to register as a sex offender or violent sex offender may file a request for termination no sooner than 10 years after termination of active supervision on probation, parole or any other alternative to incarceration, or no sooner than 10 years after discharge from incarceration without supervision. This bill adds that if a person is required to register due to a plea taken in conjunction with judicial diversion, then that person may file a request for termination of registration upon completion of the term of judicial diversion and upon receiving an order from a court signifying the successful completion of the term of judicial diversion and dismissal of charges, and the TBI must accordingly remove the person from the registry.<br /> <br /> This bill specifies that it is remedial in nature and will apply to any person sentenced under judicial diversion.<br /> <br /> ON APRIL 24, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 624, AS AMENDED.<br /> <br /> AMENDMENT #1 adds that this bill does not create an affirmative duty for the TBI to review its records or notify any person to whom this bill applies; however, upon request, the TBI must verify the record of any person to whom this bill applies and, if appropriate, remove the person's name from the registry and notify the person that the person is no longer required to comply with the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004.<br /> <br /> ON MAY 1, 2019, THE SENATE SUBSTITUTED HOUSE BILL 624 FOR SENATE BILL 544, ADOPTED AMENDMENTS #2 AND #3, AND PASSED HOUSE BILL 624, AS AMENDED.<br /> <br /> AMENDMENT #2 changes this bill and present law by specifying that the circumstances under which the TBI will be required to remove a sexual offender's name from the registry are as follows:<br /> <br /> (1) The offender has successfully completed a term of judicial diversion for committing sexual battery, mitigated statutory rape, statutory rape, or aggravated statutory rape, for which the person is required to register;<br /> (2) The offender previously entered a term of judicial diversion prior to the date that this bill becomes a law for the offense for which the person is required to register and subsequently successfully completes the term of judicial diversion; or<br /> (3) The offender has not been convicted of any additional sexual offense or violent sexual offense during the ten-year period and the offender has substantially complied with the requirements of the registry.<br /> <br /> AMENDMENT #3 incorporates the same changes as Senate Amendment #2, except this amendment removes aggravated statutory rape as an eligible offense, as described in (1) of the Summary for Senate Amendment #2.<br /> <br />
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