AN ACT to amend Tennessee Code Annotated, Title 39 and Title 55, relative to criminal offenses involving driving.
Summary
SB0375 amends Tennessee law governing criminal offenses involving driving by revising the definition of “serious bodily injury” in Tennessee Code Annotated § 39-13-106. The bill adds an explicit definition for use in that section, specifying that serious bodily injury includes injuries involving a substantial risk of death, protracted unconsciousness, extreme physical pain, protracted or obvious disfigurement, protracted loss or substantial impairment of a bodily member, organ, or mental faculty, or a broken bone.
The measure is a targeted statutory clarification rather than a broad policy change. It affects how prosecutors, courts, and defense counsel interpret and apply offenses tied to driving-related criminal conduct where “serious bodily injury” is an element or enhancement. By codifying a more detailed definition, the bill is likely intended to promote consistency in charging, plea negotiations, jury instructions, and sentencing outcomes in cases involving injury-causing driving offenses.
Impact
The bill amends Title 39, and by caption reference Title 55, but the operative change is to Title 39’s criminal law provisions. It creates a specific definition of “serious bodily injury” for § 39-13-106, which can affect the proof required in driving-related criminal cases and may broaden or clarify what injuries qualify, including broken bones. The change will guide law enforcement, prosecutors, courts, and defendants in cases where injury severity determines criminal liability or penalty exposure.
Sentiment
The bill appears to have received generally favorable consideration. It passed the Transportation and Safety Committee 6-3 and later the Senate Finance, Ways and Means Committee 9-2, indicating support from a majority of members at each stage. The available record shows no committee transcript debate, but the voting margins suggest the bill was viewed as a practical clarification of criminal law rather than a highly controversial measure.
Contention
The main point of potential contention is the scope of the new definition of “serious bodily injury,” especially the inclusion of a broken bone and the use of broad terms such as extreme physical pain or substantial impairment. Opponents may have been concerned that the definition could expand criminal exposure in driving-related cases, while supporters likely viewed it as necessary to standardize enforcement and close ambiguity in existing law. The recorded nay votes in both committees indicate some disagreement, though the specific objections are not documented in the provided materials.