Criminal Offenses - As enacted, requires certain persons convicted of rape, when the victim is 13-17, or incest, when the victim is a minor, to be punished as a Range II offender; allows the sentence imposed, if appropriate, to be within Range III but in no case lower than Range II. - Amends TCA Title 39.
Companion bill has been assigned Public Chapter Number 283 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB1400Date
    Comp. became Pub. Ch. 28305/04/2023
    Sponsor(s) Added.04/17/2023
    Comp. SB subst.04/17/2023
    H. Placed on Regular Calendar for 4/17/202304/13/2023
    Placed on cal. Calendar & Rules Committee for 4/13/202304/12/2023
    Rec. for pass. if am., ref. to Calendar & Rules Committee04/04/2023
    Placed on cal. Criminal Justice Committee for 4/4/202303/29/2023
    Rec for pass if am by s/c ref. to Criminal Justice Committee03/28/2023
    Placed on s/c cal Criminal Justice Subcommittee for 3/28/202303/22/2023
    Action Def. in s/c Criminal Justice Subcommittee to 3/28/202303/21/2023
    Placed on s/c cal Criminal Justice Subcommittee for 3/21/202303/15/2023
    Assigned to s/c Criminal Justice Subcommittee03/13/2023
    Ref. to Criminal Justice Committee03/13/2023
    P2C, caption bill, held on desk - pending amdt.02/02/2023
    Intro., P1C.02/01/2023
    Filed for introduction01/31/2023
    Actions For SB1219Date
    Effective date(s) 07/01/202305/04/2023
    Pub. Ch. 28305/04/2023
    Signed by Governor.04/28/2023
    Transmitted to Governor for action.04/20/2023
    Signed by H. Speaker04/20/2023
    Signed by Senate Speaker04/19/2023
    Enrolled and ready for signatures04/18/2023
    Passed H., Ayes 85, Nays 8, PNV 304/17/2023
    Am. withdrawn. (Amendment 1 - HA0365)04/17/2023
    Subst. for comp. HB.04/17/2023
    Rcvd. from S., held on H. desk.03/23/2023
    Engrossed; ready for transmission to House03/21/2023
    Sponsor(s) Added.03/20/2023
    Passed Senate as amended, Ayes 33, Nays 003/20/2023
    Senate adopted Amendment (Amendment 1 - SA0190)03/20/2023
    Placed on Senate Regular Calendar for 3/20/202303/16/2023
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 0 PNV 003/14/2023
    Placed on Senate Judiciary Committee calendar for 3/14/202303/14/2023
    Action deferred in Senate Judiciary Committee to 3/14/202303/13/2023
    Placed on Senate Judiciary Committee calendar for 3/13/202303/07/2023
    Passed on Second Consideration, refer to Senate Judiciary Committee02/06/2023
    Introduced, Passed on First Consideration02/02/2023
    Filed for introduction01/31/2023
  • AmendmentsFiscal Memos
    HA0365Amendment 1-0 to HB1400Fiscal Memo for HA0365 (5367)  
    AmendmentsFiscal Memos
    SA0190Amendment 1-1 to SB1219Fiscal Memo for SA0190 (5367)  

    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: HB1400

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    ON MARCH 20, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1219, AS AMENDED.

    AMENDMENT #1 rewrites this bill to make the following changes to present law relative to rape and incest:

    (1) Provides that, if the victim is at least 13 but less than 18, then the rape is still a Class B felony but the defendant must be punished as a Range II offender. However, this amendment allows the sentence imposed upon the defendant, if appropriate, to be within Range III but in no case lower than Range II; and

    (2) Provides that if the victim is a minor, then the incest is still a Class C felony but the defendant must be punished as a Range II offender. However, this amendment allows the sentence imposed upon the defendant, if appropriate, to be within Range III but in no case lower than Range II.

  • FiscalNote for HB1400/SB1219 filed under HB1400

  • House Floor and Committee Votes

    House moved to substitute and conform to SB1219

    SB1219 by White - FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 4/17/2023
    Passed
              Ayes...............................................85
              Noes................................................8
              Present and not voting...................3

              Representatives voting aye were: Alexander, Barrett, Baum, Beck, Boyd, Bricken, Bulso, Burkhart, Butler, Campbell S, Camper, Capley, Carr, Carringer, Cepicky, Clemmons, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Freeman, Fritts, Gant, Garrett, Gillespie, Glynn, Grills, Hakeem, Hale, Hardaway, Haston, Hawk, Hazlewood, Helton-Haynes, Hemmer, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Jernigan, Johnson C, Keisling, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Miller, Moody, Moon, Parkinson, Powers, Ragan, Raper, Reedy, Rudd, Rudder, Russell, Shaw, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 85.
              Representatives voting no were: Chism, Dixie, Harris, McKenzie, Mitchell, Pearson, Thompson, Towns -- 8.
              Representatives present and not voting were: Johnson G, Jones, Powell -- 3.

              HB1400 by Littleton - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 4/17/2023 4/13/2023
              Voice Vote - Ayes Prevail

              HB1400 by Littleton - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Rec. for pass. if am., ref. to Calendar & Rules Committee 4/4/2023
              Voice Vote - Ayes Prevail

              HB1400 by Littleton - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Criminal Justice Committee 3/28/2023
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB1219 by White - FLOOR VOTE: as Amended Third Consideration 3/20/2023
    Passed
              Ayes...............................................33
              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, Stevens, Swann, Taylor, Walley, Watson, White, Yager, Yarbro, Mr. Speaker McNally -- 33.

    SB1219 by White - SENATE JUDICIARY COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 0 PNV 0 3/14/2023
    Passed
              Ayes................................................8
              Noes................................................0

              Senators voting aye were: Kyle, Lamar, Lundberg, Roberts, Rose, Stevens, Taylor, White -- 8.