Amends TCA Title 5; Title 6; Title 7; Title 8; Title 12; Title 38; Title 39; Title 40 and Title 49.

ON APRIL 4, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2244, AS AMENDED. AMENDMENT #1 rewrites this bill and creates the criminal offenses of especially aggravated rape, especially aggravated rape of a child, and grave torture, as discussed below. Under this amendment, especially aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim accompanied by two or more of 17 special circumstances, as set out in detail in this amendment, such as the fact that the defendant tortures the victim during the commission of the offense; the offense is committed by the defendant acting in concert with one or more other persons; or the defendant subjects the victim to extreme cruelty during the commission of the offense. Especially aggravated rape will be a Class A felony and punished as follows: (1) If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III; and (2) If the defendant was an adult at the time of the commission of the offense, then the person will be punished by imprisonment for life without possibility of parole. This amendment specifies that a person may not be prosecuted for a violation of this offense and a violation of aggravated rape, aggravated rape of a child, or grave torture if the facts supporting the prosecution arise out of the same criminal conduct. Under this amendment, especially aggravated rape of a child is unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is less than 18 years of age, accompanied by any of 17 circumstances, as specified in detail in this bill, such as the ones referenced above. Especially aggravated rape of a child will be a Class A felony and punished as follows: (1) If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III; and (2) If the defendant was an adult at the time of the commission of the offense, then the person will be punished by imprisonment for life without possibility of parole. This amendment specifies that a person may not be prosecuted for a violation of this offense and a violation of aggravated rape, aggravated rape of a child, especially aggravated rape, or grave torture if the facts supporting the prosecution arise out of the same criminal conduct. Under this amendment, grave torture is the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder and accompanied by three or more circumstances, as set out in detail in this amendment, such as the fact that the defendant also commits the offense of especially aggravated rape against the victim; the defendant has, at the time of the commission of the offense, more than one prior conviction for a sexual offense or a violent sexual offense; or the commission of the offense against the victim is prolonged by the defendant. Grave torture will be a Class A felony and punished as follows: (1) If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III; and (2) If the defendant was an adult at the time of the commission of the offense, then the person will be punished by imprisonment for life without possibility of parole; or by death; however a punishment of death will not be imposed until at least the 30th day following the occurrence of either of the following circumstances: (A) The issuance of the judgment in a decision of the United States Supreme Court overruling, in whole or in part, Kennedy v. Louisiana, 554 U.S. 407 (2008), thereby allowing the use of the death penalty as punishment for an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim; or (B) The ratification of an amendment to the Constitution of Tennessee approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim. This amendment specifies that a person may not be prosecuted for a violation of this offense and a violation of especially aggravated rape, especially aggravated rape of a child, aggravated rape, or aggravated rape of a child if the facts supporting the prosecution arise out of the same criminal conduct. This amendment updates applicable death penalty statutes to reflect the addition of grave torture, with such changes taking effect if one of the circumstances described above in (A) or (B) occur. ON APRIL 27, 2022, THE SENATE SUBSTITUTED HOUSE BILL 2244 FOR SENATE BILL 2841, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 2244, AS AMENDED. AMENDMENT #1 revises the lists of aggravating factors for the offenses described in the summary for House Amendment #1.