Amends TCA Title 39, Chapter 17, Part 4 and Section 49-2-116.

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. This bill allows a defendant who was convicted of a violation of TCA 39-17-417 in a drug-free school zone that occurred prior to September 1, 2020 (the law regarding such zones changed in 2020), to petition the court in which the defendant was convicted to be resentenced in the manner described below. <br /> <br /> (1) Upon receiving a petition, the court must determine whether the defendant could have been sentenced to serve less time incarcerated before becoming eligible for release under current law, and if so, must hold a new sentencing hearing; and<br /> <br /> (2) Following the sentencing hearing, the court must determine the defendant's sentence under current law, and if the sentence requires the defendant to serve less time incarcerated before becoming eligible for release, the court must issue a new sentence. If the court determines that the person would serve the same amount of time or more, the court must dismiss the petition.<br />