§ 40-35-101. Short Title
This chapter shall be known and may be cited as the “Tennessee Criminal Sentencing Reform Act of 1989.”
§ 40-35-102. Purpose of Chapter
The foremost purpose of this chapter is to promote justice, as manifested by § 40-35-103. In so doing, the following principles are adopted: Every defendant shall be punished by the imposition of a sentence justly deserved in relation to the seriousness of the offense; This chapter is to assure fair and consistent treatment of all […]
§ 40-35-103. Sentencing Considerations
To implement the purposes of this chapter, the following principles apply: Sentences involving confinement should be based on the following considerations: Confinement is necessary to protect society by restraining a defendant who has a long history of criminal conduct; Confinement is necessary to avoid depreciating the seriousness of the offense or confinement is particularly suited […]
§ 40-35-104. Sentencing Alternatives
A defendant convicted of a felony or a misdemeanor in this state shall be sentenced in accordance with this chapter. A defendant who is convicted of a felony after November 1, 1989, and who is sentenced to a total sentence of at least one (1) year but not more than three (3) years, shall not […]
§ 40-35-105. Standard Offender
A standard offender is a defendant not sentenced as: A multiple offender, as defined by § 40-35-106; A persistent offender, as defined by § 40-35-107; A career offender, as defined by § 40-35-108; An especially mitigated offender, as defined by § 40-35-109; or A repeat violent offender, as defined by § 40-35-120. The sentence for […]
§ 40-35-106. Multiple Offender
A multiple offender is a defendant who has received: A minimum of two (2) but not more than four (4) prior felony convictions within the conviction class, a higher class, or within the next two (2) lower felony classes, where applicable; or One (1) Class A prior felony conviction if the defendant’s conviction offense is […]
§ 40-35-107. Persistent Offender
A persistent offender is a defendant who has received: Any combination of five (5) or more prior felony convictions within the conviction class or higher or within the next two (2) lower felony classes, where applicable; or At least two (2) Class A or any combination of three (3) Class A or Class B felony […]
§ 40-35-108. Career Offender
A career offender is a defendant who has received: Any combination of six (6) or more Class A, B or C prior felony convictions, and the defendant’s conviction offense is a Class A, B or C felony; At least three (3) Class A or any combination of four (4) Class A or Class B felony […]
§ 40-35-109. Especially Mitigated Offender
The court may find the defendant is an especially mitigated offender, if: The defendant has no prior felony convictions; and The court finds mitigating, but no enhancement factors. If the court finds the defendant an especially mitigated offender, the court shall reduce the defendant’s statutory Range I minimum sentence by ten percent (10%) or reduce […]
§ 40-35-110. Classification of Offenses
Felonies are classified for the purpose of sentencing into five (5) categories: Class A felonies; Class B felonies; Class C felonies; Class D felonies; and Class E felonies. An offense designated a felony without specification as to category is a Class E felony. Misdemeanors are classified for the purpose of sentencing into three (3) categories: […]
§ 40-35-111. Authorized Terms of Imprisonment and Fines for Felonies and Misdemeanors
A sentence for a felony is a determinate sentence. The authorized terms of imprisonment and fines for felonies are: Class A felony, not less than fifteen (15) nor more than sixty (60) years. In addition, the jury may assess a fine not to exceed fifty thousand dollars ($50,000), unless otherwise provided by statute; Class B […]
§ 40-35-112. Sentence Ranges
A Range I sentence is as follows: For a Class A felony, not less than fifteen (15) nor more than twenty-five (25) years; For a Class B felony, not less than eight (8) nor more than twelve (12) years; For a Class C felony, not less than three (3) nor more than six (6) years; […]
§ 40-35-113. Mitigating Factors
If appropriate for the offense, mitigating factors may include, but are not limited to: The defendant’s criminal conduct neither caused nor threatened serious bodily injury; The defendant acted under strong provocation; Substantial grounds exist tending to excuse or justify the defendant’s criminal conduct, though failing to establish a defense; The defendant played a minor role […]
§ 40-35-114. Enhancement Factors
If appropriate for the offense and if not already an essential element of the offense, the court shall consider, but is not bound by, the following advisory factors in determining whether to enhance a defendant’s sentence: The defendant has a previous history of criminal convictions or criminal behavior, in addition to those necessary to establish […]
§ 40-35-115. Multiple Convictions
If a defendant is convicted of more than one (1) criminal offense, the court shall order sentences to run consecutively or concurrently as provided by the criteria in this section. The court may order sentences to run consecutively if the court finds by a preponderance of the evidence that: The defendant is a professional criminal […]
§ 40-35-116. Revocation of Bail on Conviction
If a defendant is convicted of first degree murder, a Class A felony, rape, aggravated robbery, aggravated sexual battery, aggravated kidnapping, aggravated child abuse, statutory rape by an authority figure or a violation of § 39-17-417(b) or (i), the judge shall revoke bail immediately, notwithstanding sentencing hearings, motions for a new trial and related post-guilt […]
§ 40-35-117. Applicability of Chapter
All persons who commit crimes on or after November 1, 1989, shall be tried and sentenced under this chapter. Unless prohibited by the United States or Tennessee constitutions, any person sentenced on or after November 1, 1989, for an offense committed between July 1, 1982, and November 1, 1989, shall be sentenced under this chapter. […]
§ 40-35-119. Classification of Prior Unclassified Felony Offenses
Any prior felony offense committed between July 1, 1982, and November 1, 1989, which has not been classified pursuant to § 40-35-118 or otherwise, is a Class E felony.
§ 40-35-120. Repeat Violent Offenders — Three Strikes
A “repeat violent offender” is a defendant who: Is convicted in this state on or after July 1, 1994, of any offense classified in subdivision (b)(1) as a violent offense; and Has at least two (2) prior convictions for offenses classified in subdivision (b)(1) or (b)(2) as a violent offense; or Is convicted in this […]
§ 40-35-121. Criminal Gang Offenses — Enhanced Punishment — Procedure
As used in this section, unless the context otherwise requires: “Criminal gang” means a formal or informal ongoing organization, association or group consisting of three (3) or more persons that has: As one (1) of its primary activities, the commission of criminal gang offenses; Two (2) or more members who, individually or collectively, engage in […]