Sentencing - As introduced, reduces the portion of a person's sentence for first degree murder that must be served prior to becoming eligible for parole to 60 percent of 60 years if sentenced to imprisonment for life for an offense committed during certain dates or 100 percent of 60 years if sentenced to imprisonment for life without the possibility of parole. - Amends TCA Title 39, Chapter 13, Part 2 and Section 40-35-501.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB0561Date
    Rcvd. from S., held on H. desk.04/26/2021
    Sponsor(s) Added.04/22/2021
    Engrossed; ready for transmission to House04/22/2021
    Passed Senate as amended, Ayes 26, Nays 4, PNV 104/22/2021
    Senate adopted Amendment (Amendment 1 - SA0401)04/22/2021
    Placed on Senate Regular Calendar for 4/22/202104/20/2021
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 3 PNV 004/20/2021
    Placed on Senate Finance, Ways, and Means Committee calendar for 4/20/202104/14/2021
    Refer to Senate Finance, Ways & Means Committee04/07/2021
    Recalled from Senate Calendar Committee04/07/2021
    Sponsor(s) Added.04/06/2021
    Recommended for passage, refer to Senate Calendar Committee04/06/2021
    Placed on Senate Judiciary Committee calendar for 4/6/202103/31/2021
    Sponsor(s) Added.03/12/2021
    Passed on Second Consideration, refer to Senate Judiciary Committee02/11/2021
    Introduced, Passed on First Consideration02/10/2021
    Filed for introduction02/08/2021
    Actions For HB1532Date
    Sponsor change.11/04/2021
    Sponsor(s) Added.03/15/2021
    Assigned to s/c Criminal Justice Subcommittee03/01/2021
    P2C, ref. to Criminal Justice Committee03/01/2021
    P1C.02/25/2021
    Intro.02/24/2021
    Filed for introduction02/24/2021
  • AmendmentsFiscal Memos
    SA0401Amendment 1-0 to SB0561Fiscal Memo for SA0401 (7365)  
    No amendments for HB1532.

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB0561

  • Fiscal Summary

    Decrease State Expenditures – $2,468,600 Incarceration* Other Fiscal Impact – The first year of realized savings are estimated to be $1,234,297 in FY21-22.


    Bill Summary

    This bill reduces the portion of a person's sentence for first degree murder that must be served prior to becoming eligible for parole to 60 percent of 60 years if sentenced to imprisonment for life for an offense committed during certain dates or 100 percent of 60 years if sentenced to imprisonment for life without the possibility of parole, as discussed below.

    PRESENT LAW

    Under present law:

    (1) Release eligibility for a defendant committing the offense of first degree murder on or after November 1, 1989, but prior to July 1, 1995, who receives a sentence of imprisonment for life occurs after service of 60 percent of 60 years less sentence credits earned and retained by the defendant, but in no event is a defendant sentenced to imprisonment for life eligible for parole until the defendant has served a minimum of 25 full calendar years of the sentence, notwithstanding the governor's power to reduce prison overcrowding, any sentence reduction credits, or any other provision of law relating to sentence credits;

    (2) There is no release eligibility for a person committing first degree murder, on or after July 1, 1995, and receiving a sentence of imprisonment for life. The person must serve 100 percent of 60 years less sentence credits earned and retained. However, sentence reduction credits may not operate to reduce the sentence imposed by the court by more than 15 percent;

    (3) There is no release eligibility for a defendant receiving a sentence of imprisonment for life without possibility of parole for first degree murder or aggravated rape of a child; and

    (4) There is no release eligibility for a person committing certain offenses (such as second degree murder and aggravated rape), on or after July 1, 1995. Such persons must serve 100 percent of the sentence imposed by the court less sentence credits earned and retained. However, sentence reduction credits may not operate to reduce the sentence imposed by the court by more than 15 percent.

    THIS BILL

    This bill revises the provisions described above in (1)-(3) as follows:

    (A) Removes the commission of offense date limitations referenced above in (1);

    (B) Requires the department of correction to notify any inmate who was sentenced to imprisonment for life for first degree murder for an offense that occurred prior to July 1, 2021, that the inmate may be eligible for an earlier release eligibility date pursuant to present law described above, as amended by this bill, as described above in (A). The inmate may execute a written request for eligibility, which will make the inmate eligible for application of all statutory sentence reduction credits and parole consideration, but in no event will such inmate be eligible for parole until the inmate has served the full mandatory minimum specified in present law. The request, once executed, is not subject to revocation;

    (C) Specifies that the above-described present law provisions, as amended by this bill, will not apply to persons sentenced to death or persons sentenced to imprisonment for life without possibility of parole for first degree murder (and retains the present law provision whereby there is no release eligibility for a defendant receiving a sentence of imprisonment for life without possibility of parole for aggravated rape of a child); and

    (D) Adds "murder in the first degree, when the offender is sentenced to imprisonment for life without possibility of parole" to the list of offenses to which the present law provision described above in item (4) above applies.

    ON APRIL 22, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 561, AS AMENDED.

    AMENDMENT #1 removes the provision of this bill that would add "murder in the first degree, when the offender is sentenced to imprisonment for life without possibility of parole" to the list of offenses to which the present law provision described in item (4) of the Bill Summary applies. This amendment instead retains the present law provision whereby there is no release eligibility for a defendant receiving a sentence of imprisonment for life without possibility of parole for first degree murder.

  • FiscalNote for SB0561/HB1532 filed under SB0561
  • House Floor and Committee Votes

    Votes for Bill HB1532 by the House are not available.

    Senate Floor and Committee Votes

    SB0561 by Bowling - FLOOR VOTE: as Amended Third Consideration 4/22/2021
    Passed
              Ayes...............................................26
              Noes................................................4
              Present and not voting...................1

              Senators voting aye were: Akbari, Bailey, Bell, Bowling, Briggs, Campbell, Crowe, Gardenhire, Gilmore, Haile, Jackson, Johnson, Massey, Niceley, Powers, Reeves, Roberts, Robinson, Rose, Southerland, Stevens, Swann, Walley, Watson, Yager, Yarbro -- 26.
              Senators voting no were: Kelsey, Lundberg, White, Mr. Speaker McNally -- 4.
              Senators present and not voting were: Pody -- 1.

    SB0561 by Bowling - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 3 PNV 0 4/20/2021
    Passed
              Ayes................................................8
              Noes................................................3

              Senators voting aye were: Gardenhire, Gilmore, Haile, Johnson, Stevens, Watson, Yager, Yarbro -- 8.
              Senators voting no were: Hensley, Lundberg, White -- 3.

    SB0561 by Bowling - SENATE JUDICIARY COMMITTEE:
    Recommended for passage, refer to Senate Calendar Committee 4/6/2021
    Passed
              Ayes................................................7
              Noes................................................2

              Senators voting aye were: Bell, Gardenhire, Kyle, Roberts, Robinson, Rose, Stevens -- 7.
              Senators voting no were: Lundberg, White -- 2.