New Tennessee Legislation

1. New Tennessee Legislation Sexual Offenses, Offender Registration, And Other Concerns August 2007

2. Themes • No More Mr. Nice Guy • We Know Who You Are. We Know Where You Live. • Eww! Gross! • You Better Watch Out

3. What They Aimed To Do • Impose the harshest possible penalties on the worst offenses • Make it impossible for sex offenders to escape notice • Crack down other deviant behavior

4. Harsher Penalties:What They Considered • Capital punishment for child rape offenses • Life without parole for rape of child, or for repeat offense • Minimum 25 year sentence for rape of a child • Longer sentences for other violent sexual offenses against children • Tougher penalty for statutory rape by authority figure • Tougher penalties for registration violations • Tougher penalty for promoting prostitution • Extended statute of limitations for certain offenses • Tougher penalties, no diversion, for sexual exploitation of a minor • No probation for offense of rape

5. What Passed:New Punishment For the Worst Crimes • Minimum 25 Year sentence for rape of a child • Felony murder rule now applies to any killing that results in the course of a rape or the attempted rape of a child • Certain other, repeat offenders will be deemed “Child Predators.” They must serve 100 % of sentence – no reduction, no parole • Persons convicted of child sexual exploitation must serve 100%, maximum reduction is 15%

6. Making It Impossible To Hide:What They Proposed • Require Lifetime Supervision And GPS, After Release From Prison For Rape Of A Child • Require GPS For Most Other Offenders On Probation Or Parole • Require Photo-ID, Indicating Offender Status • Require Lifetime Registration For Those Convicted Of Incest • Extend Registration Requirement To All Offenders And Eliminate Delays • Require DNA Of More Offenders And More Suspects • Require More Information With Registration • Make All Registry Information Public • Establish Neighborhood Notification When Offenders Move In • Tighten Requirements For Offenders To Report Status Changes • Make Sure That Petty Criminals Comply With Any Place Restrictions • Require Registration For Indecent Exposure, If The Victim Was Under 13 • Require HIV Testing For Convicted Pimps

7. (Almost) Nowhere To Hide:What Passed • Every Sex Offender Must Now Register, No Exceptions • Offenders Must Report Changed Work Circumstances Within 48 Hours • Duty To Register Begins Immediately With Conviction • Misdemeanor Registrants Must Give DNA Specimen • Persons Charged With Violent Offenses Must Give A DNA Sample • Registered Sex Offenders On Probation For Unrelated Misdemeanors Must Be Identified And Supervised As To Place Restrictions • Incest Is Now A Violent Offense, Registration Is Required For Life • Every Registrant’s Data Is Now Public Information

8. Every Offender Must Register • No one is exempt now • Persons who were formerly exempt had until August 1 to register • All Offenders relocating to Tennessee must register; the requirement applies to: • Offenders who establish any substantial “contacts” with this State, • Who have any conviction elsewhere for conduct that would be a sexual offense in this State, • Or any offense for which registration was required in another State, • Regardless of the date of conviction or discharge from supervision

9. Reporting Changed Work Circumstances • Requirement Applies To: • Termination, Resignation, New Work Or Practice Site, Changed Work Schedule Or Different Shift Assignment, Additional Employment • Where The Change Lasts For 7 Days Or More • Changed Circumstances Must Be Reported Within 48 Hours

10. Duty To Register Begins Immediately Upon Conviction Applies To: • Persons convicted here, having sufficient contacts here • Persons convicted elsewhere, but having sufficient contacts here • Persons from elsewhere, who are convicted here.

11. Misdemeanor Sex Offenders Must Give DNA Specimen • DNA specimen requirement previously applied only to felons, generally • Offenders in jails and workhouses can be ordered to comply, just as felons in TDOC have been • Specimen is to be ordered with conviction

12. Persons Charged With Violent Offenses Must Give A DNA Sample • Application includes certain sex offenses • Sample is to be maintained by TBI • Sample must be destroyed if criminal charge is dismissed or the accused is acquitted, unless other charges are pending

13. Registered Sex Offenders On Probation For Unrelated Misdemeanors • Probation officers must determine if their misdemeanor probationers are on the registry • If so, the officer must • Inform the sentencing court of the offender’s registered status, if it is such, and • Supervise the offender’s compliance with place restrictions

14. Now That’s Just Gross(and we’re not going to put up with it any longer) • Sexual contact with animals is now a Class E felony • Penalty applies to participating, promoting, aiding, causing, watching, & taking pictures • Indecent Exposure in a correctional facility is a now Class A misdemeanor • Penalty applies to exposure “with the intent to abuse, torment, harass or embarrass a guard.” • Offenders who promote prostitution must submit to HIV testing (just as prostitutes and their clients have had to do for some time now)

15. Something Else To Think About • The privilege of self defense is stronger than it used to be • The presumption of justification for using deadly force against an intruder now extends to vehicles and non-residence “dwellings.” • Elsewhere, there is no duty to retreat from a threat; one may use such force as is (or seems) reasonably necessary to repel the threat • The privlege doesn’t apply, however, if you provoked the threat, consented to the threat, or if you, yourself, are up to no good when the threat appears • Offenders might want to consider that new risks may attend their behavior