Amends TCA Title 39, Chapter 14, Part 5; Title 55 and Title 68, Chapter 211.

This bill expands the offense of aggravated criminal littering to specifically address littering by throwing tires on a public or private road, as discussed below. PRESENT LAW Under present law, it is a Class A misdemeanor to commit aggravated criminal littering, which is to litter in an amount exceeding 10 pounds in weight or 15 cubic feet in volume; or in any amount for any commercial purpose. If the amount of litter exceeds 100 pounds in weight and 30 cubic feet in volume, the fine that may be imposed for the Class A misdemeanor is increased to be not less than $2,500 or more than $4,000 (as opposed to $2,500 as generally provided for Class A misdemeanors). The offense of aggravated criminal littering is enhanced to a Class E felony upon the third conviction in any amount exceeding 10 pounds in weight or 15 cubic feet in volume; or the second conviction in any amount exceeding 1,000 pounds in weight or 2000 cubic feet in volume in any amount for a commercial purpose. THIS BILL This bill expands the offense of aggravated criminal littering to include knowingly placing, dropping, or throwing one or more tires on any public or private property without permission and without immediately removing them. Aggravated criminal littering involving tires will be a Class A misdemeanor if it involves up to three tires and a Class E felony for four or more tires. ON MARCH 7, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2012, AS AMENDED. AMENDMENT #1 revises to include as a form of littering for any commercial purposes, which is considered aggravated criminal littering, the act of knowingly placing, dropping, or throwing two or more tires on public or private property without permission and without immediately removing the tires. Under this amendment, the penalty for littering in the manner described above will be subject to the present law penalties (Class A misdemeanor or Class E felony based on weight/volume and prior convictions-see the bill summary above), but a first offense involving more than eight tires placed, dropped, or thrown for a commercial purpose will be a Class E felony.