Tennessee House Bill HB2078

Tennessee 2025-2026 Regular Session

• Introduced: 1/23/26
• Refer: 2/4/26
• Refer: 2/17/26
• Refer: 3/23/26
• Chaptered: 5/4/26
• Passed: 5/4/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 36, Chapter 8 and Title 40, Chapter 11, relative to expedited hearing procedures.

Summary

HB2078, titled the "Parental Rights-Protection Act," would create expedited court review procedures for certain pretrial bond conditions that limit a defendant’s parental contact, custody, or visitation with a minor child who is not the alleged victim of the charged offense. Under the bill, if a bond condition affects parental rights, the court must hold a hearing within 15 calendar days to determine whether the restriction is justified; if the hearing is not held on time, the condition becomes void. The bill also raises the standard the government must meet before a court may impose or extend such a restriction before conviction. The state would have to prove by clear and convincing evidence, with specific findings of fact, that there is a threat of harm to the child, that less restrictive alternatives are insufficient, and that the restriction is in the child’s best interests. The bill creates a presumption that parental contact is in the child’s best interests.

Impact

The bill amends Tennessee Code Annotated, Title 36, Chapter 8 and Title 40, Chapter 11, by adding new protections and procedural requirements for bond conditions that affect parental contact, custody, or visitation. It would limit judicial discretion in pretrial release settings by requiring prompt hearings and a heightened evidentiary showing before restricting a parent’s access to a child, while also making such restrictions automatically void if the hearing deadline is missed. The measure primarily affects criminal defendants, courts, prosecutors, and families involved in pretrial bond proceedings.

Sentiment

The available voting history suggests strong support for the bill in committee, with unanimous favorable votes in both the House Children and Family Affairs Subcommittee and the House Judiciary Committee. The bill’s framing as a parental rights measure indicates a policy emphasis on protecting family relationships during criminal proceedings, and the lack of recorded opposition in the provided history suggests the proposal was broadly accepted at the committee stage.

Contention

The main point of contention is the balance between parental rights and child protection in pretrial criminal cases. Supporters appear to favor limiting bond conditions that restrict contact with children unless the state can make a strong, specific showing of harm and necessity. Potential opponents would likely focus on whether the 15-day deadline and automatic voiding of the bond condition could reduce judicial flexibility or make it harder to protect children in cases involving domestic violence, abuse, or other serious allegations, even when the child is not the named victim.