Tennessee House Bill HB1128

Tennessee 2025-2026 Regular Session

• Introduced: 2/5/25
• Refer: 2/12/25
• Refer: 3/19/25
• Refer: 4/8/25
• Refer: 4/14/25
• Refer: 4/15/25
• Engrossed: 4/16/25
• Enrolled: 4/23/25
• Passed: 5/21/25
• Chaptered: 5/27/25

Caption

AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 10 and Title 38, Chapter 8, relative to constables.

Summary

HB1128 revises Tennessee law governing constables by adding training and supervision requirements before a constable may exercise certain law-enforcement powers. The bill requires newly elected or appointed constables on or after July 1, 2025, to complete 128 hours of POST-approved law-enforcement training during their first year in office. Until that training is completed, a constable must work alongside another fully trained constable or a POST-certified law-enforcement officer, unless the constable recently served as a full-time POST-certified officer within the prior five years. The bill also allows the 128-hour requirement to be waived if the constable completes a comparable basic law-enforcement course within one year of election or appointment. The bill amends Tennessee Code Annotated Title 8, Chapter 10, and references several statutes tied to constables’ law-enforcement authority, including provisions related to traffic enforcement, firearms, and other police powers. It further provides that a constable who exercises those powers without completing the required in-service education commits a Class C misdemeanor, punishable by fine only, with each day of violation treated as a separate offense. In practical terms, the measure conditions the use of constable authority on training compliance and creates an enforcement mechanism to ensure adherence. The overall sentiment reflected in the bill’s progress was strongly favorable. It advanced through subcommittee and committee stages with unanimous or near-unanimous support, and it passed the House floor overwhelmingly, indicating broad bipartisan agreement that constables should meet minimum training standards before exercising law-enforcement powers. The final enactment suggests the measure was viewed as a public-safety and professionalization bill rather than a controversial policy change. The main point of contention, to the extent one is implied by the bill’s structure, is the balance between local elected constable authority and state-imposed training requirements. The bill limits immediate exercise of police powers by newly elected or appointed constables and subjects noncompliance to criminal penalties, which could be seen as a constraint on an elected office. However, the recorded votes show little visible opposition, suggesting any concerns about cost, access to training, or the role of constables were not strong enough to prevent passage.

Impact

HB1128 changes Tennessee law by conditioning a constable’s exercise of specified law-enforcement powers on completion of POST-approved training and by adding a misdemeanor penalty for noncompliance. It affects Title 8, Chapter 10 governing constables and cross-references statutes involving law-enforcement authority, traffic enforcement, and related powers. Newly elected or appointed constables after July 1, 2025 must complete 128 hours of training within one year, with limited exceptions and a temporary supervision requirement, thereby increasing statewide training standards and oversight for constables.

Sentiment

The bill appears to have enjoyed broad support throughout the legislative process. Committee votes were unanimous or nearly unanimous, and floor passage was decisive, indicating a general consensus that constables should be better trained before exercising law-enforcement authority. The absence of recorded committee debate suggests the measure was not highly controversial and was treated as a public-safety and standards issue.

Contention

Any potential contention centers on the bill’s restriction of constables’ powers until training is completed and the imposition of a criminal penalty for violations. Those provisions could raise concerns among supporters of elected constable autonomy, smaller counties, or offices with limited access to training resources. The bill addresses some of those concerns through exceptions for recently POST-certified former officers and by allowing a waiver for comparable basic law-enforcement training, which likely helped reduce opposition.