SB1372112th GA (Historical)Introduced

Amends TCA Title 38; Title 39; Title 40 and Title 55.

This bill revises and adds to present law provisions regarding victims of crime, as discussed below. This bill creates a victims of traumatic crime study committee to study the traumatic effects victims suffer as a result of crimes that do not involve physical harm. The committee will consist of 10 members, appointed as follows: (1) Two members of the senate, appointed by the speaker of the senate; (2) Two members of the house of representatives, appointed by the speaker of the house of representatives; (3) One person with credentialing, expertise, and knowledge, who studies in the field of emotional, mental, and psychological trauma, appointed by the speaker of the senate; (4) One person with credentialing, expertise, and knowledge, who studies in the field of emotional, mental, and psychological trauma, appointed by the speaker of the house of representatives; (5) One victim of a crime that does not involve physical harm, such as burglary, stalking, or harassment, appointed by the speaker of the senate from a list of five qualifying individuals as submitted by the Tennessee Voices for Victims Advocacy Group; (6) One victim of a crime that does not involve physical harm, such as burglary, stalking, or harassment, appointed by the speaker of the house of representatives from a list of five qualifying individuals as submitted by the Hope for Victims Advocacy Group; (7) One victim witness coordinator, appointed by the speaker of the senate; and (8) One victim witness coordinator, appointed by the speaker of the house of representatives. This bill requires the committee to conduct hearings on the traumatic effect of crimes that do not involve physical harm, such as burglary, stalking, and harassment. The focus must be on the emotional, mental, and psychological trauma which these victims endure. The committee will report its findings on or before March 1, 2022, and may provide in that report any legislative recommendations the committee finds appropriate. This bill authorizes the committee to: (1) Compile a comprehensive list of resources that are available to victims of those crimes that produce mental, emotional, or psychological trauma but do not involve physical harm. The chair of the committee may call on appropriate state agencies for reasonable assistance in the work of the committee; and (2) Make recommendations on how to strengthen statutes for victims of those crimes which produce mental, emotional, or psychological trauma and may make recommendations on additional resources that need to be prioritized to support these victims. This bill also revises the following present law provisions: (1) Under present law, upon the request of a victim of violent crime involving serious bodily injury or death of a relative, the victim must be supplied information and a request form as to how the victim or relative of a victim may request and secure notification of the release from custody of an offender from a jail or detention facility prior to trial. This bill extends this provision to apply to the victim of any crime; and (2) Under present law, a victim of crime has the right to refuse a request by the defendant, the defendant's attorney or any other person acting on behalf of the defendant for an interview or other communication with the victim. This bill adds that: (A) The victim cannot be questioned at any hearing related to the criminal prosecution about the victim's refusal; and (B) Prior to communication with the victim of any crime, a defendant who is being prosecuted for a criminal offense involving the victim or anyone acting on behalf of the defendant must present a written form to the victim detailing the rights of the victim, including the right to decline the interview. The full text of this bill details the requirements and procedure for such communication and waiver, including the right of the victim to end the communication or interview at any time.

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Overview

This bill revises and adds to present law provisions regarding victims of crime, as discussed below. This bill creates a victims of traumatic crime study committee to study the traumatic effects victims suffer as a result of crimes that do not involve physical harm. The committee will consist of 10 members, appointed as follows: (1) Two members of the senate, appointed by the speaker of the senate; (2) Two members of the house of representatives, appointed by the speaker of the house of representatives; (3) One person with credentialing, expertise, and knowledge, who studies in the field of emotional, mental, and psychological trauma, appointed by the speaker of the senate; (4) One person with credentialing, expertise, and knowledge, who studies in the field of emotional, mental, and psychological trauma, appointed by the speaker of the house of representatives; (5) One victim of a crime that does not involve physical harm, such as burglary, stalking, or harassment, appointed by the speaker of the senate from a list of five qualifying individuals as submitted by the Tennessee Voices for Victims Advocacy Group; (6) One victim of a crime that does not involve physical harm, such as burglary, stalking, or harassment, appointed by the speaker of the house of representatives from a list of five qualifying individuals as submitted by the Hope for Victims Advocacy Group; (7) One victim witness coordinator, appointed by the speaker of the senate; and (8) One victim witness coordinator, appointed by the speaker of the house of representatives. This bill requires the committee to conduct hearings on the traumatic effect of crimes that do not involve physical harm, such as burglary, stalking, and harassment. The focus must be on the emotional, mental, and psychological trauma which these victims endure. The committee will report its findings on or before March 1, 2022, and may provide in that report any legislative recommendations the committee finds appropriate. This bill authorizes the committee to: (1) Compile a comprehensive list of resources that are available to victims of those crimes that produce mental, emotional, or psychological trauma but do not involve physical harm. The chair of the committee may call on appropriate state agencies for reasonable assistance in the work of the committee; and (2) Make recommendations on how to strengthen statutes for victims of those crimes which produce mental, emotional, or psychological trauma and may make recommendations on additional resources that need to be prioritized to support these victims. This bill also revises the following present law provisions: (1) Under present law, upon the request of a victim of violent crime involving serious bodily injury or death of a relative, the victim must be supplied information and a request form as to how the victim or relative of a victim may request and secure notification of the release from custody of an offender from a jail or detention facility prior to trial. This bill extends this provision to apply to the victim of any crime; and (2) Under present law, a victim of crime has the right to refuse a request by the defendant, the defendant's attorney or any other person acting on behalf of the defendant for an interview or other communication with the victim. This bill adds that: (A) The victim cannot be questioned at any hearing related to the criminal prosecution about the victim's refusal; and (B) Prior to communication with the victim of any crime, a defendant who is being prosecuted for a criminal offense involving the victim or anyone acting on behalf of the defendant must present a written form to the victim detailing the rights of the victim, including the right to decline the interview. The full text of this bill details the requirements and procedure for such communication and waiver, including the right of the victim to end the communication or interview at any time.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 11, 2021

Subjects
5058

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