Public Chapter 488

HOUSE BILL NO. 1335

By Representatives Boner, Sherry Jones, Odom, Goins, Givens

Substituted for: Senate Bill No. 487

By Senator Haynes

AN ACT to amend Tennessee Code Annotated, Section 40-28-105, relative to parole.

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

SECTION 1. Tennessee Code Annotated, Section 40-28-105(d), is amended by deleting the language "No person shall be paroled nor shall the parole of any person be denied, revoked or rescinded without the concurrence of three (3) board members", and inserting the following language:

No person shall be paroled nor shall the parole of any person be denied or rescinded without the concurrence of three (3) board members, except that the concurrence of four (4) board members shall be required for convictions of the following offenses: First degree murder as defined by TCA 39-13-204; Aggravated arson as defined by TCA 39-14-302; Aggravated child abuse and neglect (child age 6 or less) as defined by TCA 39-15-402; Aggravated rape as defined by TCA 39-13-502; Aggravated vehicular homicide as defined by TCA 39-13-218; Attempted first degree murder as defined by TCA 39-11-117; Conspiracy to commit first degree murder as defined by TCA 39-11-117; Especially aggravated kidnapping as defined by TCA 39-13-305; Especially aggravated robbery as defined by TCA 39-13-403; Rape of a child as defined by TCA 39-13-522; Second degree murder as defined by TCA 39-13-310; Adulteration of foods, liquids, or pharmaceuticals (serious bodily injury or death) as defined by TCA 39-17-107; Aggravated child abuse or neglect (child age 6 or above) as defined by TCA 39-15-402; Aggravated kidnapping as defined by TCA 39-13-304; Aggravated sexual battery as defined by TCA 39-13-504; Aggravated sexual exploitation of a minor (obscene) as defined by TCA 39-17-1004(b); Especially aggravated burglary as defined by TCA 39-14-404; Especially aggravated sexual exploitation of a minor as defined by TCA 39-17-1005; Rape as defined by TCA 39-13-503; Solicitation to commit first degree murder as defined by TCA 39-11-117; Vehicular homicide by intoxication as defined by TCA 39-13-213; Aggravated assault as defined by TCA 39-13-102; Spousal rape as defined by TCA 39-13-507(b); Vehicular homicide as defined by TCA 39-13-213; Voluntary manslaughter as defined by TCA 39-13-211; Vehicular assault as defined by TCA 39-13-106; and any other offense for which the punishment is life imprisonment. The parole of any person may not be revoked without the concurrence of two (2) board members.

SECTION 2. This act shall take effect January 1, 1998, the public welfare requiring it.