Amends TCA Title 39, Chapter 17, Part 3; Title 40, Chapter 11 and Title 40, Chapter 39, Part 2.

This bill creates the offense of sexual abuse of a corpse and requires persons convicted to register with the sex offender registry. Additionally, this bill creates a procedural requirement to consider a victim's desire on whether a defendant wears a monitoring device while out on bail. Under present law, a person commits the Class E felony of abuse of a corpse if a person knowingly and without legal privilege: (1) Physically mistreats a corpse in a manner offensive to the sensibilities of an ordinary person; (2) Disinters a corpse that has been buried or otherwise interred; or (3) Disposes of a corpse in a manner known to be in violation of law. This bill adds that a person commits the Class E felony of abuse of a corpse if the person engages in sexual contact with a corpse. Present law defines "sexual contact" as including the intentional touching of the victim's, the defendant's, or any other person's intimate parts, or the intentional touching of the clothing covering the immediate area of the victim's, the defendant's, or any other person's intimate parts, if that touching can be construed as being for sexual arousal or gratification. This bill adds sexual abuse of a corpse (as described above) to the list of sexual offenses for which an individual must register as a sexual offender. Under present law, a magistrate may order a defendant to wear a GPS monitoring device while out on bond, when the defendant is arrested for: (1) Stalking, aggravated stalking, or especially aggravated stalking; (2) Any criminal offense where the victim is considered to be a domestic abuse victim, sexual assault victim, or a stalking victim; or (3) A violation of a protection order Under this bill, a magistrate must consider a victim's desire in determining whether a defendant, when arrested under the above situations, wears a GPS monitoring device on bond. This bill requires the officer who arrests a person for one of the above-described offenses to ask the victim whether the victim requests for the defendant to wear or carry a monitoring device if the defendant is released on bond. The victim's response will be entered on the affidavit of the complaint. The magistrate must consider the victim's response in making the determination. ON MARCH 25, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 12, AS AMENDED. AMENDMENT #1 removes this bill's requirements that the officer who arrests a person for one of the above-described offenses ask the victim whether the victim requests for the defendant to wear or carry a monitoring device if the defendant is released on bond; that the victim's response be entered on the affidavit of the complaint; and that the magistrate consider the victim's response in making the determination.