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

As of January 1, 2024, this bill creates an offense for a person who recklessly, by any means of communication, threatens to commit an act of mass violence and the threat causes a reasonable expectation or reasonable fear of the imminent commission of an act of mass violence. As used in this bill, "means of communication" means direct and indirect verbal, written, or electronic communications, including graffiti, pictures, diagrams, telephone calls, voice over internet protocol calls, video messages, voicemail, electronic mail, social media posts, instant messages, chat group posts, text messages, and any other recognized means of conveying information. PENALTY This bill classifies this new offense generally as a Class E felony. The classification is raised to a Class D felony if the following conditions exist: (1) The violation involves a threat to commit an act of mass violence (i) on the property of a school, house of worship, or federal, state, or local government; (ii) at a live performance or event; or (iii) at a place that is open to the public and averages 250 or more visitors per day; (2) The defendant has one or more prior convictions for a violation of this bill or a threat of mass violence on school property or at school-related activity; or (3) The defendant has taken a substantial step toward carrying out an act of mass violence. As used in this bill, "school" means any public or private day school, preschool, elementary school, middle school, high school, college of applied technology, postsecondary vocational or technical school, or two-year or four-year college or university. This bill provides that, in addition to any other penalty authorized by law, a sentencing court may order a person convicted under this bill to pay restitution, including costs and damages resulting from the disruption of the normal activity that would have otherwise occurred but for the threat to commit an act of mass violence. BAIL Generally, when a defendant has been arrested or held to answer for any bailable offense, the defendant is entitled to be admitted to bail by the committing magistrate, by any judge of the circuit or criminal court, or by the clerk of any circuit or criminal court. However, this bill specifies that when a defendant has been arrested or held to answer for the offense of threatening to commit an act of mass violence as described in this bill, then the defendant may be admitted to bail only by a judge of the general sessions, circuit, or criminal court. This bill provides that, prior to release on bail, the court must determine whether the defendant is a threat to the public. The department of safety must create a behavioral risk assessment, which may be used by the court in determining whether the defendant is a threat to the public. The court may consider evidence or testimony from law enforcement officers, the district attorney general, or any other appropriate person in making such a determination. This bill further provides that, as a condition of bail or other pretrial release, the court must order the defendant to undergo an evaluation to determine whether the defendant poses a substantial likelihood of serious harm to the defendant's self or others, which may result in the initiation of proceedings for judicial commitment, if appropriate.