AN ACT to amend Tennessee Code Annotated, Title 36 and Title 39, relative to lifetime orders of protection.
Summary
HB1765 amends Tennessee law governing lifetime orders of protection and the criminal penalties for violating them. The bill creates a new felony enhancement for knowingly violating a lifetime order of protection issued under Tennessee’s domestic violence protection-order statute when the underlying conviction that led to the lifetime order involved the use of force against a victim. In that circumstance, the violation would be classified as a Class E felony rather than under the general penalty provision.
The bill also clarifies how out-of-state convictions are treated when determining whether a person qualifies for a lifetime order of protection. It adds language directing courts to treat certain felony offenses committed in another state as qualifying offenses if they would be offenses listed in Tennessee law, or if the elements of the out-of-state offense are the same as the comparable Tennessee offense. The effective dates are split: the out-of-state conviction clarification takes effect immediately upon becoming law, while the felony-penalty change applies to acts committed on or after July 1, 2026.
Impact
HB1765 would amend Tennessee Code Annotated Titles 36 and 39 by tightening enforcement of lifetime orders of protection and expanding the reach of qualifying predicate convictions. It would create a specific Class E felony for certain intentional violations of lifetime protection orders tied to prior force-based convictions, and it would require any incarceration sentence for that offense to run consecutively to other related sentences unless the judge orders concurrency. The bill also broadens the definition of qualifying offenses for lifetime orders by expressly including comparable felony offenses from other states, which could affect who is eligible for lifetime protection orders and how courts evaluate prior criminal history.
Sentiment
The available voting history suggests strong support for the bill. It advanced unanimously in the House Criminal Justice Subcommittee and then unanimously in the House Judiciary Committee, indicating broad agreement that the measure strengthens protection-order enforcement and clarifies eligibility rules. No committee transcript is available, so the record does not show detailed floor or committee debate, but the votes indicate a generally favorable reception.
Contention
The main policy issue is the bill’s increased criminal penalty for violating a lifetime order of protection in cases involving prior force-based convictions. Supporters likely view this as a targeted public-safety measure for victims of domestic violence and other protected persons, while any concern would center on whether the new Class E felony and consecutive-sentencing requirement are too punitive. Another possible point of discussion is the expanded treatment of out-of-state convictions, which may raise questions about how closely another jurisdiction’s offense must match Tennessee law before it counts as a qualifying offense. However, the unanimous committee votes suggest little recorded opposition in the available history.