Tennessee SB 1525: Criminal Procedure - As introduced, permits a general sessions court to direct a defendant to make restitution to the victim of an offense as a condition of payment or as a civil judgment; changes the court's mandatory duty to consider the defendant's financial resources in determining the amount of restitution to a discretionary one. - Amends TCA Title 40.

Bill Text

HOUSE BILL 907
By Doggett

SENATE BILL 1525
By Roberts

SB1525
001098
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AN ACT to amend Tennessee Code Annotated, Title 40,
relative to restitution.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-35-304, is amended by adding
the following language as a new subsection:
(i)
(1) When sentencing a criminal defendant, a general sessions court may direct
the defendant to make restitution to the victim of the offense as a condition of probation,
or enter an order of restitution awarding a civil judgment of restitution to the victim of the
offense. The victim of the offense may choose to receive restitution in the form of a civil
judgment or in payments or performance by the defendant as a condition of probation.
(2) If the victim chooses to receive restitution in the form of a civil judgment, then
the court shall enter a civil order for restitution, if appropriate. The civil order for
restitution:
(A) Is entitled to be enforced the same as any other judgment of a court
of this state and is entitled to full faith and credit in this state and in any other
state; and
(B) Is a final civil judgment at the time of entry and remains in effect from
the date of entry until the judgment is paid in full or is otherwise discharged.
(3) If the victim chooses to receive restitution as a condition of the defendant's
probation and, upon expiration of the time of payment or the payment schedule imposed
pursuant to subsection (c) or (g), any portion of the restitution remains unpaid, then the

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victim or the victim's beneficiary may convert the unpaid balance into a civil judgment in
accordance with the procedure set forth in subsection (h).
SECTION 2. Tennessee Code Annotated, Section 40-35-304, is amended by deleting
subsection (d) and substituting instead the following:
(d) In determining the amount and method of payment or other restitution, the
court may consider the financial resources and future ability of the defendant to pay or
perform.
SECTION 3. This act shall take effect October 1, 2021, the public welfare requiring it.