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

This bill provides that a person commits an offense who recklessly, by any means of communication, threatens to commit an act that a reasonable person would conclude could lead to the serious bodily injury or death of four or more persons ("an act of mass violence") and the threat causes a reasonable expectation or reasonable fear of the commission of an act of mass violence. A violation of this provision is generally a Class E felony. However, it is raised to a Class D felony if the following conditions exist:<br /> <br /> (1) The violation involves a threat to commit an act of mass violence (i) on the property of 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 ("school"); house of worship; or federal, state, or local government; or (ii) at a live performance or event;<br /> <br /> (2) The defendant has one or more prior convictions for a violation of this bill or recklessly, by any means of communication, threatening to commit an act of mass violence on school property or at a school-related activity; or<br /> <br /> (3) The defendant has taken a substantial step toward carrying out an act of mass violence.<br /> <br /> Prior to making a bail determination, this bill requires the court to determine whether the defendant is a threat to the public. When a defendant has been arrested or held to answer for the offense of threatening to commit an act of mass violence, the defendant may be admitted to bail only by a judge of the general sessions, circuit, or criminal court.<br /> <br /> This bill requires the department of safety to create a behavioral risk assessment, which may be used by the court in determining whether the defendant is a threat to the public. The arresting law enforcement agency must contact the department to arrange an assessment for a person arrested for a violation. <br /> <br /> This bill authorizes the court to consider evidence or testimony from law enforcement officers, the district attorney general, or any other appropriate person in making such a determination. As a condition of bail or other pretrial release, the court must order the defendant to undergo a mental health assessment. The court may also order an evaluation to determine whether the defendant is competent to stand trial or the defendant's mental capacity at the time of the commission of the offense.<br /> <br /> In addition to any other penalty authorized by law, this bill authorizes a sentencing court to 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.<br />