Tennessee SB 2785: Appeal and Review - As introduced, clarifies when a person, who has been sentenced to the punishment of death and the jury has determined that the sentence must be expedited, has concluded any appeal and exhausted all available methods of post-conviction relief; requires a person sentenced to the punishment of death to file any post-conviction appeal within 180 days of the original sentence and any unsuccessful direct appeal; requires the attorney general and reporter to notify the defendant and the defendant's attorney when two or more appeals may be filed simultaneously. - Amends TCA Title 39; Title 40 and Chapter 375 of the Public Acts of 2023.

Bill Text

HOUSE BILL 2585
By Russell

SENATE BILL 2785
By Bowling

SB2785
012165
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39;
Title 40 and Chapter 375 of the Public Acts of
2023, relative to the death penalty.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-23-114(f), is amended by
designating the current language as subdivision (f)(1) and adding the following subdivision
(f)(2):
(2) For purposes of this subsection (f), all appeals and the exhaustion of all
available methods of post-conviction relief are considered concluded after the defendant
has pursued at least one (1) unsuccessful challenge to the defendant's conviction and
sentence through a direct appeal, a state post-conviction proceeding, and a federal
habeas corpus proceeding. If a court refuses to hear an appeal, then that appeal is
considered concluded.
SECTION 2. Tennessee Code Annotated, Section 39-13-206, is amended by adding
the following as a new subsection:
(f) A person sentenced to the punishment of death must file all post-conviction
appeals within one hundred eighty (180) days of the original sentence and the
conclusion of an unsuccessful appeal pursuant to this section. The attorney general and
reporter must notify the person sentenced to the punishment of death and the person's
attorney if two (2) or more appeals can be filed simultaneously. At the conclusion of the
one hundred eighty (180) days, the attorney general and reporter shall file a motion
requesting that the supreme court set an execution date.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.