SB2630113th GA (Historical)Introduced

Amends TCA Title 39 and Title 40, Chapter 39, Part 2.

REMOVAL FROM SEX OFFENDER REGISTRY Present law provides that an offender may file a request to terminate their registration requirements with TBI headquarters as a sex offender 10 years after the termination of active supervision on probation, parole, or another alternative to incarceration or 10 years after being discharged from incarceration without supervision. Additionally, a person required to register due to a plea taken in conjunction with probation can file a request for termination of registration once they complete a term of judicial diversion and upon receiving a court order signifying they successfully completed the judicial diversion and the dismissal of charges. This bill adds that an offender convicted of a sexual offense or violent sexual offense on or after July 1, 2024, may file a request for termination of registration requirements with TBI headquarters as a sex offender 15 years after termination of active supervision on probation, parole, or another alternative to incarceration, or 15 years after being discharged from incarceration without supervision. Additionally, a person required to register due to a plea taken in conjunction with probation still can file a request for termination of registration once they complete a term of judicial diversion and upon receiving a court order signifying they successfully completed the judicial diversion and the dismissal of charges. REMOVAL FROM SEX OFFENDER REGISTRY - OUT OF STATE OFFENSE Present law provides that a person required to register as any form of a sexual offender due to a qualifying offense from another jurisdiction that is classified as a sexual offense in this state may apply for removal from the registry following the later of the following: (1) 10 years from the date of termination of active supervision or probation or another alternative to incarceration; or (2) After discharge from incarceration without supervision, or five years after being added to the Tennessee sexual offender registry. This bill deletes (1) above and replaces it with the following: (1) Convicted of an offense prior to July 1, 2024, and required to register as any form of a sexual offender, 10 years from the date of termination of active supervision or probation, parole, or another alternative to incarceration, or after discharge from incarceration without supervision; or (2) If the person was convicted of an offense on or after July 1, 2024, and required to register as any form of a sexual offender, 15 years from the date of termination of active supervision or probation, parole, or another alternative to incarceration, or after discharge from incarceration without supervision. ON APRIL 11, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2630, AS AMENDED. AMENDMENT #1 makes the changes described below. This amendment revises the provision in the bill authorizing an offender convicted of a sexual offense or violent sexual offense on or after July 1, 2024, to file a request for termination of registration requirements with TBI headquarters as a sex offender 15 years after termination of active supervision on probation, parole, or another alternative to incarceration, or 15 years after being discharged from incarceration without supervision by, instead, authorizing an offender convicted of statutory rape where such offense occurred on or after July 1, 2024, to file such a request; This amendment revises the provision in the bill authorizing a person required to register as any form of a sexual offender due to a qualifying offense from another jurisdiction that is classified as a sexual offense in this state to apply for removal from the registry following the later of the following: (1) (i) If the person was convicted of an offense prior to July 1, 2024, and required to register as any form of a sexual offender, 10 years from the date of termination of active supervision or probation, parole, or another alternative to incarceration, or after discharge from incarceration without supervision; or (ii) if the person was convicted of an offense on or after July 1, 2024, and required to register as any form of a sexual offender, 15 years from the date of termination of active supervision or probation, parole, or another alternative to incarceration, or after discharge from incarceration without supervision; or (2) After discharge from incarceration without supervision, or five years after being added to the Tennessee sexual offender registry. This amendment deletes (1) above and replaces it with the following: (A) Except as provided in (B) below, 10 years from the date of termination of active supervision or probation, parole, or any other alternative to incarceration, or after discharge from incarceration without supervision; or (B) If the person was convicted of aggravated statutory rape where such offense occurred on or after July 1, 2024, and required to register as a sexual offender in this state, 15 years from the date of termination of active supervision or probation, parole, or any other alternative to incarceration, or after discharge from incarceration without supervision.

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Overview

REMOVAL FROM SEX OFFENDER REGISTRY Present law provides that an offender may file a request to terminate their registration requirements with TBI headquarters as a sex offender 10 years after the termination of active supervision on probation, parole, or another alternative to incarceration or 10 years after being discharged from incarceration without supervision. Additionally, a person required to register due to a plea taken in conjunction with probation can file a request for termination of registration once they complete a term of judicial diversion and upon receiving a court order signifying they successfully completed the judicial diversion and the dismissal of charges. This bill adds that an offender convicted of a sexual offense or violent sexual offense on or after July 1, 2024, may file a request for termination of registration requirements with TBI headquarters as a sex offender 15 years after termination of active supervision on probation, parole, or another alternative to incarceration, or 15 years after being discharged from incarceration without supervision. Additionally, a person required to register due to a plea taken in conjunction with probation still can file a request for termination of registration once they complete a term of judicial diversion and upon receiving a court order signifying they successfully completed the judicial diversion and the dismissal of charges. REMOVAL FROM SEX OFFENDER REGISTRY - OUT OF STATE OFFENSE Present law provides that a person required to register as any form of a sexual offender due to a qualifying offense from another jurisdiction that is classified as a sexual offense in this state may apply for removal from the registry following the later of the following: (1) 10 years from the date of termination of active supervision or probation or another alternative to incarceration; or (2) After discharge from incarceration without supervision, or five years after being added to the Tennessee sexual offender registry. This bill deletes (1) above and replaces it with the following: (1) Convicted of an offense prior to July 1, 2024, and required to register as any form of a sexual offender, 10 years from the date of termination of active supervision or probation, parole, or another alternative to incarceration, or after discharge from incarceration without supervision; or (2) If the person was convicted of an offense on or after July 1, 2024, and required to register as any form of a sexual offender, 15 years from the date of termination of active supervision or probation, parole, or another alternative to incarceration, or after discharge from incarceration without supervision. ON APRIL 11, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2630, AS AMENDED. AMENDMENT #1 makes the changes described below. This amendment revises the provision in the bill authorizing an offender convicted of a sexual offense or violent sexual offense on or after July 1, 2024, to file a request for termination of registration requirements with TBI headquarters as a sex offender 15 years after termination of active supervision on probation, parole, or another alternative to incarceration, or 15 years after being discharged from incarceration without supervision by, instead, authorizing an offender convicted of statutory rape where such offense occurred on or after July 1, 2024, to file such a request; This amendment revises the provision in the bill authorizing a person required to register as any form of a sexual offender due to a qualifying offense from another jurisdiction that is classified as a sexual offense in this state to apply for removal from the registry following the later of the following: (1) (i) If the person was convicted of an offense prior to July 1, 2024, and required to register as any form of a sexual offender, 10 years from the date of termination of active supervision or probation, parole, or another alternative to incarceration, or after discharge from incarceration without supervision; or (ii) if the person was convicted of an offense on or after July 1, 2024, and required to register as any form of a sexual offender, 15 years from the date of termination of active supervision or probation, parole, or another alternative to incarceration, or after discharge from incarceration without supervision; or (2) After discharge from incarceration without supervision, or five years after being added to the Tennessee sexual offender registry. This amendment deletes (1) above and replaces it with the following: (A) Except as provided in (B) below, 10 years from the date of termination of active supervision or probation, parole, or any other alternative to incarceration, or after discharge from incarceration without supervision; or (B) If the person was convicted of aggravated statutory rape where such offense occurred on or after July 1, 2024, and required to register as a sexual offender in this state, 15 years from the date of termination of active supervision or probation, parole, or any other alternative to incarceration, or after discharge from incarceration without supervision.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2024

Subjects
435447654355

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