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Committee advances 'three‑strikes' repeat‑offender bill to finance; legal counsel clarifies prior‑conviction standards
Summary
HB 25‑04, a 'three‑strikes' repeat violent offender bill, was advanced to finance/ways and means after legal staff explained that prior convictions from other jurisdictions count if equivalent to named violent offenses and judges make the determination.
The committee advanced HB 25‑04, a bill establishing a strike system for repeat violent offenders and setting narrower eligibility for enhanced sentencing.
Sponsor described the measure as targeting the most persistent violent offenders to ensure predictable escalated consequences. Representative Johnson asked whether crimes committed in other states would count toward strikes; legal services said the statute treats prior convictions from other jurisdictions as qualifying if the elements are the same as a Tennessee violent offense, and it is ultimately up to the judge to determine equivalency. "The term prior conviction is defined as including convictions under the laws of any other state... that if committed in this state would have constituted a violent offense," Michelle Fogarty said.
Members also discussed evidentiary access and how expungements would be treated; Fogarty said the bill applies to convictions and expunged convictions would not appear as convictions for enhancement purposes. The committee voted to send HB 25‑04 as amended to finance/ways and means with a recorded vote of 16 ayes and 4 noes.
Next steps: The bill moves to finance and ways and means for fiscal analysis and further consideration.
