Criminal Offenses - As enacted, enacts "Dillard's Law," which allows the surviving parent or guardian of a child whose parent was a victim of vehicular homicide to convert a restitution order for child maintenance payments to a civil judgment at any time rather than following conclusion of the defendant's sentence. - Amends TCA Title 39; Title 40 and Title 55.
Companion bill has been assigned Public Chapter Number 217 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB0535Date
    Comp. became Pub. Ch. 21705/03/2023
    Sponsor(s) Added.04/10/2023
    Comp. SB subst.04/10/2023
    H. Placed on Regular Calendar for 4/10/202304/06/2023
    Placed on cal. Calendar & Rules Committee for 4/6/202304/05/2023
    Rec. for pass. if am., ref. to Calendar & Rules Committee03/28/2023
    Sponsor(s) Added.03/23/2023
    Placed on cal. Criminal Justice Committee for 3/28/202303/22/2023
    Rec. for pass by s/c ref. to Criminal Justice Committee03/21/2023
    Placed on s/c cal Criminal Justice Subcommittee for 3/21/202303/15/2023
    Action Def. in s/c Criminal Justice Subcommittee to 3/21/202303/14/2023
    Placed on s/c cal Criminal Justice Subcommittee for 3/14/202303/08/2023
    Assigned to s/c Criminal Justice Subcommittee02/08/2023
    P2C, ref. to Criminal Justice Committee02/01/2023
    Intro., P1C.01/30/2023
    Filed for introduction01/25/2023
    Actions For SB0442Date
    Effective date(s) 07/01/202305/03/2023
    Pub. Ch. 21705/03/2023
    Signed by Governor.04/25/2023
    Transmitted to Governor for action.04/13/2023
    Signed by H. Speaker04/12/2023
    Signed by Senate Speaker04/12/2023
    Enrolled and ready for signatures04/11/2023
    Passed H., Ayes 91, Nays 0, PNV 004/10/2023
    Am. withdrawn. (Amendment 1 - HA0339)04/10/2023
    Subst. for comp. HB.04/10/2023
    Rcvd. from S., held on H. desk.03/09/2023
    Sponsor(s) Added.03/07/2023
    Engrossed; ready for transmission to House03/06/2023
    Passed Senate as amended, Ayes 31, Nays 003/06/2023
    Senate adopted Amendment (Amendment 1 - SA0021)03/06/2023
    Placed on Senate Regular Calendar for 3/6/202303/03/2023
    Sponsor(s) Added.02/28/2023
    Senate Reset on calendar for 3/6/202302/27/2023
    Placed on Senate Regular Calendar for 2/27/202302/24/2023
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 002/21/2023
    Placed on Senate Judiciary Committee calendar for 2/21/202302/15/2023
    Action deferred in Senate Judiciary Committee to 2/21/202302/14/2023
    Placed on Senate Judiciary Committee calendar for 2/14/202302/08/2023
    Passed on Second Consideration, refer to Senate Judiciary Committee01/30/2023
    Introduced, Passed on First Consideration01/26/2023
    Filed for introduction01/25/2023
  • AmendmentsFiscal Memos
    HA0339Amendment 1-0 to HB0535Fiscal Memo for HA0339 (3205)  
    AmendmentsFiscal Memos
    SA0021Amendment 1-1 to SB0442Fiscal Memo for SA0021 (3205)  

    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: HB0535

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    Under present law, if a defendant is convicted of vehicular homicide as a result of intoxication or aggravated vehicular homicide and the deceased victim was the parent of a minor child, then the sentencing court is required to order the defendant to pay restitution in the form of child maintenance to each of the victim's children until each child reaches 18 years of age and has graduated from high school, or the class of which the child is a member when the child reached 18 years of age has graduated from high school ("maintenance payments"). Present law requires the court to determine an amount that is reasonable and necessary for maintenance payments after considering all relevant factors.

    Present law provides that if a defendant who is ordered to pay maintenance payments is incarcerated and unable to pay, then the defendant has up to one year after release from incarceration to begin payment. If a defendant's maintenance payments are set to terminate, but the defendant's obligation is not paid in full, then present law requires the maintenance payments to continue until the entire arrearage is paid.

    This bill adds to the provisions above that a surviving parent or guardian who is awarded such restitution may convert the restitution order to a civil judgment at any time by filing a certified copy of the restitution order with an appropriate civil court having jurisdiction over the total amount of restitution ordered. This bill authorizes the court to convert the restitution order into a civil judgment in the manner provided in the Tennessee Criminal Sentencing Reform Act of 1989.

    Present law also provides the following:

    (1) If the surviving parent or guardian of the child brings a civil action against the defendant prior to the sentencing court ordering maintenance payments as restitution and the surviving parent or guardian obtains a judgment in the civil suit, then maintenance payments are prohibited from being ordered; and

    (2) If the court orders the defendant to make maintenance payments as restitution and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, then the maintenance payments order is required to be offset by the amount of the judgment awarded in the civil action.

    This bill rewrites (1) to authorize maintenance payments to be ordered and to have such maintenance payments be offset by the amount of damages that has been received by the surviving parent or guardian prior to the sentencing court entering an order of restitution in such situation.

    This bill rewrites (2) to provide that the maintenance payments order must be offset by the amount of damages received by the surviving parent or guardian pursuant to the civil action in such situation.

    ON MARCH 6, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 442, AS AMENDED.

    AMENDMENT #1 provides that this bill is known and may be cited as "Dillard's Law."

  • FiscalNote for HB0535/SB0442 filed under SB0442

  • House Floor and Committee Votes

    House moved to substitute and conform to SB0442

    SB0442 by Lowe - FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 4/10/2023
    Passed
              Ayes...............................................91
              Noes................................................0

              Representatives voting aye were: Alexander, Barrett, Baum, Beck, Boyd, Bricken, Bulso, Burkhart, Butler, Campbell S, Camper, Capley, Carr, Cepicky, Chism, Clemmons, Cochran, Crawford, Darby, Davis, Dixie, Eldridge, Faison, Farmer, Freeman, Fritts, Gant, Gillespie, Glynn, Grills, Hakeem, Hale, Hardaway, Harris, Haston, Hawk, Hazlewood, Helton-Haynes, Hemmer, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Jernigan, Johnson C, Johnson G, Keisling, Lafferty, Lamberth, Leatherwood, Littleton, Love, Lynn, Marsh, Martin B, Martin G, McCalmon, McKenzie, Miller, Mitchell, Moody, Moon, Parkinson, Powell, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Shaw, Sherrell, Slater, Sparks, Stevens, Thompson, Todd, Towns, Travis, Vaughan, Vital, Warner, White, Williams, Wright, Zachary, Mr. Speaker Sexton -- 91.

              HB0535 by Cochran - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 4/10/2023 4/6/2023
              Voice Vote - Ayes Prevail

              HB0535 by Cochran - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Rec. for pass. if am., ref. to Calendar & Rules Committee 3/28/2023
              Voice Vote - Ayes Prevail

              HB0535 by Cochran - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Rec. for pass by s/c ref. to Criminal Justice Committee 3/21/2023
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB0442 by Lowe - FLOOR VOTE: as Amended Third Consideration 3/6/2023
    Passed
              Ayes...............................................31
              Noes................................................0

              Senators voting aye were: Akbari, Bailey, Bowling, Briggs, Campbell, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Kyle, Lamar, Lowe, Lundberg, Massey, Niceley, Oliver, Pody, Powers, Reeves, Roberts, Rose, Southerland, Swann, Taylor, Walley, White, Yager, Yarbro, Mr. Speaker McNally -- 31.

    SB0442 by Lowe - SENATE JUDICIARY COMMITTEE:
    Recommended for passage, refer to Senate Calendar Committee 2/21/2023
    Passed
              Ayes................................................9
              Noes................................................0

              Senators voting aye were: Gardenhire, Kyle, Lamar, Lundberg, Roberts, Rose, Stevens, Taylor, White -- 9.