Amends TCA Title 39 and Title 40, Chapter 35.
This bill increases from 15 percent to 35 percent the amount by which sentence reduction credits may reduce a person's sentence for the offenses of first degree murder, murder in the second degree, especially aggravated kidnapping, aggravated kidnapping, especially aggravated robbery, aggravated rape, rape, aggravated sexual battery, rape of a child, aggravated arson, aggravated child abuse, sexual exploitation of a minor involving more than 100 images, aggravated sexual exploitation of a minor involving more than 25 images, especially aggravated sexual exploitation of a minor, possessing firearm or antique firearm during commission or attempt to commit dangerous felony, aggravated robbery (when committed by a person with a prior conviction for aggravated robbery or especially aggravated robbery), carjacking, and DUI (when committed by a person with six prior DUI convictions). Present law requires that a person convicted of aggravated robbery (first conviction); aggravated child neglect or endangerment; manufacture, delivery, or sale of a controlled substance (where the offense is a Class A, B, or C felony and the person has two prior convictions for the manufacture, delivery, or sale of a controlled substance classified as a Class A, B, or C felony) serve at least 85 percent of the sentence imposed by the court less sentence credits, which credits must not reduce the time that the person must serve below 70 percent of the sentence imposed. Under this amendment, a person convicted of any such offense may achieve release eligibility upon service of 80 percent of the sentence imposed by the court less sentence credits, which credits must not reduce the time that the person must serve below 65 percent of the sentence imposed. Present law requires that a person convicted of attempted first degree murder where the victim suffers serious bodily injury serve at least 85 percent of the sentence imposed by the court less sentence credits, which credits must not reduce the time that the person must serve below 75 percent of the sentence imposed. Under this amendment, a person convicted of any such offense may achieve release eligibility upon service of 80 percent of the sentence imposed by the court less sentence credits, which credits must not reduce the time that the person must serve below 65 percent of the sentence imposed. NOTE: Section 6 of this bill purports to delete the language "seventy percent (70%)" from Tennessee Code Annotated, Section 40-35-501(k)(5). The language that presently appears in such subdivision is "seventy-five percent (75%)".
This bill increases from 15 percent to 35 percent the amount by which sentence reduction credits may reduce a person's sentence for the offenses of first degree murder, murder in the second degree, especially aggravated kidnapping, aggravated kidnapping, especially aggravated robbery, aggravated rape, rape, aggravated sexual battery, rape of a child, aggravated arson, aggravated child abuse, sexual exploitation of a minor involving more than 100 images, aggravated sexual exploitation of a minor involving more than 25 images, especially aggravated sexual exploitation of a minor, possessing firearm or antique firearm during commission or attempt to commit dangerous felony, aggravated robbery (when committed by a person with a prior conviction for aggravated robbery or especially aggravated robbery), carjacking, and DUI (when committed by a person with six prior DUI convictions). Present law requires that a person convicted of aggravated robbery (first conviction); aggravated child neglect or endangerment; manufacture, delivery, or sale of a controlled substance (where the offense is a Class A, B, or C felony and the person has two prior convictions for the manufacture, delivery, or sale of a controlled substance classified as a Class A, B, or C felony) serve at least 85 percent of the sentence imposed by the court less sentence credits, which credits must not reduce the time that the person must serve below 70 percent of the sentence imposed. Under this amendment, a person convicted of any such offense may achieve release eligibility upon service of 80 percent of the sentence imposed by the court less sentence credits, which credits must not reduce the time that the person must serve below 65 percent of the sentence imposed. Present law requires that a person convicted of attempted first degree murder where the victim suffers serious bodily injury serve at least 85 percent of the sentence imposed by the court less sentence credits, which credits must not reduce the time that the person must serve below 75 percent of the sentence imposed. Under this amendment, a person convicted of any such offense may achieve release eligibility upon service of 80 percent of the sentence imposed by the court less sentence credits, which credits must not reduce the time that the person must serve below 65 percent of the sentence imposed. NOTE: Section 6 of this bill purports to delete the language "seventy percent (70%)" from Tennessee Code Annotated, Section 40-35-501(k)(5). The language that presently appears in such subdivision is "seventy-five percent (75%)".
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