CHAPTER NO. 796

HOUSE BILL NO. 3167

By Representatives Fitzhugh, Buck, Scroggs, Jackson, McDonald

Substituted for: Senate Bill No. 2945

By Senators Burks, Davis

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 35, relative to criminal sentencing and appeals.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 40-35-402(a), is amended by adding following the second sentence of the subsection, the following:

In addition, the District Attorney General may also appeal the amount of fines and restitution imposed by the sentencing court.

SECTION 2. Tennessee Code Annotated, Section 40-35-402(b), is amended by adding the following as new, appropriately designated subsections:

( ) The court failed to impose the fines recommended by the jury.

( ) The court failed to order the defendant to make reasonable restitution.

SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.

PASSED:

April 9, 1998

APPROVED this 23rd day of April 1998