Amends TCA Title 39 and Title 40.
ON APRIL 13, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1165, AS AMENDED. AMENDMENT #1 rewrites this bill and removes the offense of criminal exposure to HIV from the list of violent sexual offenses, the conviction for which requires registering as a sex offender. This amendment provides that an offender who is required to register because the offender was convicted of the offense of criminal exposure of another to human immunodeficiency virus (HIV) and the offense was committed prior to July 1, 2022, may file a request for termination of registration requirements with TBI headquarters in Nashville, if the offender would not be required to register if the offense was committed on or after July 1, 2022, as a result of this bill as amended. This amendment sets out in detail the process for the TBI reviewing the request and making a determination as to whether the offender would not be required to register if the offender committed the same offense on or after July 1, 2022. Part of the process will include the TBI conducting fingerprint-based state and federal criminal history checks to determine whether the offender has been convicted of any additional sexual offenses or violent sexual offenses. If the requirements of this amendment are met, the TBI will remove the offender's name from the registry and notify the offender that the offender is no longer required to comply with the registration requirements. If the TBI determines that the offender would be required to register even if the offense had been committed on or after July 1, 2022, or that the offender has been convicted of any additional sexual offenses or violent sexual offenses during the period of registration, then the TBI will not remove the offender's name from the registry and will notify the offender that the offender continues to be required to comply with registration requirements. This amendment provides for judicial review of the TBI's decision. ON APRIL 21, 2022, THE HOUSE SUBSTITUTED SENATE BILL 1165 FOR HOUSE BILL 1214. SENATE BILL 1165 FAILED TO RECEIVE A CONSTITUTIONAL MAJORITY AND WAS RE-REFERRED TO THE COMMITTEE ON CALENDAR AND RULES.
ON APRIL 13, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1165, AS AMENDED. AMENDMENT #1 rewrites this bill and removes the offense of criminal exposure to HIV from the list of violent sexual offenses, the conviction for which requires registering as a sex offender. This amendment provides that an offender who is required to register because the offender was convicted of the offense of criminal exposure of another to human immunodeficiency virus (HIV) and the offense was committed prior to July 1, 2022, may file a request for termination of registration requirements with TBI headquarters in Nashville, if the offender would not be required to register if the offense was committed on or after July 1, 2022, as a result of this bill as amended. This amendment sets out in detail the process for the TBI reviewing the request and making a determination as to whether the offender would not be required to register if the offender committed the same offense on or after July 1, 2022. Part of the process will include the TBI conducting fingerprint-based state and federal criminal history checks to determine whether the offender has been convicted of any additional sexual offenses or violent sexual offenses. If the requirements of this amendment are met, the TBI will remove the offender's name from the registry and notify the offender that the offender is no longer required to comply with the registration requirements. If the TBI determines that the offender would be required to register even if the offense had been committed on or after July 1, 2022, or that the offender has been convicted of any additional sexual offenses or violent sexual offenses during the period of registration, then the TBI will not remove the offender's name from the registry and will notify the offender that the offender continues to be required to comply with registration requirements. This amendment provides for judicial review of the TBI's decision. ON APRIL 21, 2022, THE HOUSE SUBSTITUTED SENATE BILL 1165 FOR HOUSE BILL 1214. SENATE BILL 1165 FAILED TO RECEIVE A CONSTITUTIONAL MAJORITY AND WAS RE-REFERRED TO THE COMMITTEE ON CALENDAR AND RULES.
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