HB1479112th GA (Historical)In Committee

Amends TCA Title 28 and Title 40.

Under present law, any fine, costs or litigation taxes assessed against the defendant in a criminal case that remain in default when the criminal court no longer has jurisdiction over the defendant, may be converted to a civil judgment pursuant to the Tennessee Rules of Civil Procedure. Present law requires that an action on a judgment be commenced within 10 years after the cause of action accrued. Rule 69.04 of the Tennessee Rules of Civil Procedure authorizes judgment creditors to file a motion to have a civil judgment extended for additional 10-year periods, so long as the extension is sought before the judgment expires.<br /> <br /> This bill prohibits courts from extending a civil judgment to recover a fine, court costs, or litigation taxes assessed against a defendant in a criminal case beyond the initial 10-year period.<br />

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Overview

Under present law, any fine, costs or litigation taxes assessed against the defendant in a criminal case that remain in default when the criminal court no longer has jurisdiction over the defendant, may be converted to a civil judgment pursuant to the Tennessee Rules of Civil Procedure. Present law requires that an action on a judgment be commenced within 10 years after the cause of action accrued. Rule 69.04 of the Tennessee Rules of Civil Procedure authorizes judgment creditors to file a motion to have a civil judgment extended for additional 10-year periods, so long as the extension is sought before the judgment expires.<br /> <br /> This bill prohibits courts from extending a civil judgment to recover a fine, court costs, or litigation taxes assessed against a defendant in a criminal case beyond the initial 10-year period.<br />

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Sponsor

Parkinson, Antonio

Details
Session

112th General Assembly

Introduced

February 23, 2021

Last Action

March 17, 2021

Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee

Subjects
Criminal ProcedureStatutes of Limitations and Repose

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