Tennessee Senate Bill SB2365

Tennessee 2025-2026 Regular Session

• Introduced: 2/2/26
• Engrossed: 3/2/26
• Enrolled: 4/2/26
• Passed: 4/16/26
• Chaptered: 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

SB2365, the “Parental Rights-Protection Act,” creates expedited judicial review requirements for criminal bond conditions that affect a defendant’s parental contact, custody, or visitation with a minor child who is not alleged to be a victim of the charged offense. If such a bond condition is imposed, the court must hold a hearing within 15 calendar days to determine whether the restriction is lawful; if no hearing occurs within that time, the bond condition becomes void. The bill also raises the standard the government must meet before a court may impose or extend a pretrial bond condition that limits parental rights. The government must prove by clear and convincing evidence, and the court must make specific findings, 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 establishes a presumption that parental contact is in the best interests of the child.

Impact

The bill amends Tennessee Code Annotated Title 36, Chapter 8, governing bond conditions in criminal cases, and affects Title 40, Chapter 11 by changing procedures related to pretrial release and judicial hearings. It limits when courts can restrict a defendant’s parental contact, custody, or visitation before conviction, and it creates a mandatory expedited hearing timeline and evidentiary standard for those restrictions. The practical effect is to strengthen procedural protections for parents facing criminal charges while preserving the ability of courts to impose restrictions when supported by the required findings.

Sentiment

The available voting history shows strong bipartisan support and no recorded opposition at each stage, with unanimous or near-unanimous votes in committee and on the floor. The bill advanced smoothly through the Senate and House process, suggesting broad agreement with the goal of protecting parental rights while allowing restrictions in cases involving demonstrated risk to a child.

Contention

No committee transcript is available, and the recorded votes show no direct opposition, so there is little evidence of active controversy in the legislative record provided. The main policy tension inherent in the bill is between protecting a defendant’s parental rights and ensuring child safety during the pretrial period; the bill resolves that tension by requiring a prompt hearing, a clear-and-convincing-evidence standard, and specific judicial findings before parental contact can be limited.