AN ACT to amend Tennessee Code Annotated, Section 40-24-109, relative to the victims assistance assessment.
Summary
SB2085 amends Tennessee’s victims assistance assessment law by increasing the mandatory assessment collected by court clerks from $100 to $125 for certain criminal dispositions. The assessment applies when a person pleads guilty or nolo contendere, is found guilty by a judge or jury, enters a qualifying diversionary plea, is convicted of attempt or conspiracy to commit a covered offense, or is found criminally responsible as a principal for such an offense.
The bill also revises how the money is distributed. The first $15 of each assessment remains with the clerk for processing and handling, while the remaining $110 must be transmitted to the county where the offense occurred and used exclusively for the county’s designated victims assistance program. The measure amends Tennessee Code Annotated § 40-24-109 and makes the assessment expressly subject to the state’s general fee-collection provisions in § 8-21-401.
Impact
This bill increases the financial obligation imposed on criminal defendants and expands the amount available for local victims assistance programs. It changes state law governing court costs and fees by raising the victims assistance assessment and clarifying the split between clerk-retained processing fees and county program funding. Courts of general sessions, circuit and criminal courts, municipal courts with general sessions jurisdiction, and similar criminal courts will be required to collect the higher amount in covered cases.
Sentiment
The bill appears to have received generally favorable treatment in committee and on the floor, advancing through the Senate with multiple passage recommendations and ultimately becoming law. The vote margins suggest broad support overall, though not unanimous, indicating some reservations among a minority of members. No committee transcript was provided, so the available record reflects procedural approval more than detailed debate.
Contention
The main point of potential contention is the increase in the assessment amount, which raises costs for people convicted of covered offenses and may be viewed as an added financial burden on defendants. Another possible issue is the allocation of the funds, since the bill directs most of the money to county-designated victims assistance programs rather than general state revenue. The recorded nays on committee and floor votes suggest some members may have objected to the fee increase, the use of criminal assessments to fund local programs, or both.