Tennessee House Bill HB1871

Tennessee 2025-2026 Regular Session

• Introduced: 1/21/26
• Refer: 2/2/26
• Refer: 2/18/26
• Refer: 3/4/26
• Engrossed: 3/10/26
• Enrolled: 4/1/26
• Passed: 4/16/26
• Chaptered: 4/24/26

Caption

AN ACT to amend Tennessee Code Annotated, Section 39-13-210 and Title 40, relative to second degree murder.

Summary

HB1871 amends Tennessee’s second-degree murder sentencing law. For a person convicted under Tennessee Code Annotated section 39-13-210(a)(1), the bill requires punishment as a Range II offender, while allowing the court, if appropriate, to impose a Range III sentence. The sentence may not be lower than Range II. The act applies only to offenses committed on or after July 1, 2026. In practical terms, the bill increases the minimum sentencing exposure for a specified category of second-degree murder convictions and limits judicial discretion below Range II. It also overrides the general sentencing provisions in Title 40, chapter 35 to the extent necessary for this offense, making the new sentencing rule a specific exception within Tennessee’s criminal code.

Impact

The bill amends Tennessee Code Annotated section 39-13-210 and creates a sentencing override in Title 40 for second-degree murder convictions under subdivision (a)(1). It changes the applicable offender range from the ordinary sentencing framework to a mandatory Range II baseline, with possible Range III sentencing, and applies prospectively to crimes committed on or after July 1, 2026. The affected parties are criminal defendants convicted of this form of second-degree murder, prosecutors, defense counsel, and sentencing courts, which will have less flexibility to impose a sentence below Range II.

Sentiment

The bill appears to have been broadly supported in the legislative process. It advanced unanimously through the House Criminal Justice Subcommittee and the House Judiciary Committee, and it passed a House floor consent calendar vote 94-0 before the final recorded third consideration vote of 27-6. The voting history suggests strong overall support for tougher sentencing in this context, though the later 27-6 vote indicates some members still had reservations or preferred a different approach.

Contention

The main point of contention is the bill’s mandatory sentencing floor for second-degree murder, which reduces judicial discretion and increases punishment severity. Supporters likely viewed the change as a targeted public-safety measure and a stronger penalty for serious violent crime, while opponents may have objected to the rigidity of requiring at least Range II sentencing and the possibility of Range III. The recorded votes show little committee resistance but some floor-level dissent, indicating disagreement over how much sentencing discretion should remain with judges under Tennessee’s general sentencing scheme.