SB0281112th GA (Historical)Introduced

Amends TCA Title 37; Title 39, Chapter 13, Part 5 and Title 40, Chapter 39.

ON MARCH 25, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 281, AS AMENDED. AMENDMENT #1 prohibits juvenile courts from placing a child on judicial diversion if the conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, aggravated sexual battery, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping, or especially aggravated kidnapping. This amendment adds to this bill's requirement that a juvenile court prohibit a child who is adjudicated delinquent for conduct that, if committed by an adult, would constitute aggravated rape, rape, rape of a child, or aggravated rape of a child from accepting employment or volunteering in any capacity that the child knows or should know will cause the child to be in close and frequent contact with a minor. This bill specifies that such prohibition will apply when the child knows or "reasonably" should know that the employment or volunteering will cause the child to be in close and frequent contact with a minor until the child reaches 18 years of age. This amendment clarifies that this bill does not prohibit a child who is subject to such prohibition on employment and volunteering from accepting employment or volunteering in a position that involves incidental contact with minors. This amendment adds that the prohibition required by this bill must remain in effect until the child attains 18 years of age, regardless of the other terms of the child's disposition.

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Overview

ON MARCH 25, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 281, AS AMENDED. AMENDMENT #1 prohibits juvenile courts from placing a child on judicial diversion if the conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, aggravated sexual battery, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping, or especially aggravated kidnapping. This amendment adds to this bill's requirement that a juvenile court prohibit a child who is adjudicated delinquent for conduct that, if committed by an adult, would constitute aggravated rape, rape, rape of a child, or aggravated rape of a child from accepting employment or volunteering in any capacity that the child knows or should know will cause the child to be in close and frequent contact with a minor. This bill specifies that such prohibition will apply when the child knows or "reasonably" should know that the employment or volunteering will cause the child to be in close and frequent contact with a minor until the child reaches 18 years of age. This amendment clarifies that this bill does not prohibit a child who is subject to such prohibition on employment and volunteering from accepting employment or volunteering in a position that involves incidental contact with minors. This amendment adds that the prohibition required by this bill must remain in effect until the child attains 18 years of age, regardless of the other terms of the child's disposition.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 21, 2021

Subjects
260512151150

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