District 71 Capitol Hill Update with Representative David Byrd

Truth in Sentencing / Public Chapter 988 – To protect victims of crime and provide true accountability for those who commit crimes, a new law requires a person convicted of certain offenses to serve 100% of the sentence imposed before becoming eligible for release. It ensures criminals convicted of eight different offenses would have to serve 100% of their sentence undiminished by any sentence reduction credits for which the person is eligible or earns. These eight offenses include: attempted first degree murder, second degree murder, vehicular homicide, especially aggravated kidnapping, especially aggravated robbery, carjacking, and especially aggravated burglary. A person convicted of one of these eight offenses could still earn credits that can be used for increased privileges, reduced security classification, or for any purpose other than the reduction of the sentence imposed by the court. Under the legislation, another 16 offenses require 100% of the sentence to be served unless the inmate earns a satisfactory program performance. In these cases, a person can receive credits for a GED or job training. These credits could be used for parole eligibility once a person has served a minimum of 85% of their sentence. Returned by the governor without signature/ July 1, 2022.

Transparency in Sentencing / Public Chapter 952 - Victims and their families will be better informed about how much time an offender will serve at the time of sentencing. It requires all Tennessee courts to place on the record the estimated number of years and months to be served before a criminal is eligible for parole, as well as the reason for the sentence and enhancements. Currently, when a criminal defendant is being sentenced, it is unknown when that criminal defendant is going to be released unless they are required to serve a 100% sentence without credits. Transparency in sentencing is necessary to create true accountability for the criminal justice system. Victims and the general public need to have all information possible. This transparency will help mitigate any false sense of security victims might previously have felt after hearing a ‘full’ sentence imposed. Became Effective July 1, 2022.

Child abuse / Public Chapter 985 – Strengthens penalties for emotional and mental abuse or neglect of children at an unlicensed child care facility. It addresses an incident in East Tennessee, when 23 children were found at an unlicensed child care facility, in a garage and restrained in car seats and high chairs for most of the day. Because no physical abuse had occurred, the punishment for those operating this facility was not as severe as it should have been. The new law enhances the penalty to a Class E felony for any person operating an unlicensed child care facility and found guilty of abuse, neglect or endangerment of a child. Became effective July 1, 2022.

As always, I am truly humbled and honored to be your voice on Capitol Hill. If there is ever any issue I can assist with, please reach out to my office by calling 615-741-2190 or emailing me at [email protected]