House Bill 7034 and Senate Bill 7077 propose amendments to Tennessee's stalking laws, specifically addressing the classification of stalking offenses and the requirements for mental health assessments for offenders. The bill reclassifies violations of stalking, establishing that a violation based on stalking conduct is a Class E felony, while aggravated stalking is classified as a Class D felony. Additionally, if a defendant is a registered sexual offender at the time of the offense, stalking is elevated to a Class D felony. The bill also mandates that if a person is convicted of stalking or related offenses, the court must order a mental health assessment to determine the need for treatment, which may include monitoring for substance use.

Furthermore, the bill introduces a new requirement that defendants charged with stalking offenses undergo an evaluation as a condition of bail or pretrial release. The court is responsible for ensuring that the offender pays for the assessment unless they are deemed indigent. These changes aim to enhance the legal framework surrounding stalking offenses and ensure that offenders receive appropriate mental health evaluations and treatment when necessary. The act is set to take effect on October 1, 2023, and will apply to offenses committed on or after that date.

Statutes affected:
Introduced: 39-13-113(g), 39-13-113, 39-17-315(b), 39-17-315, 39-17-315(c)(2), 39-17-315(g)