Present law provides that any of the following constitutes second degree murder:  The knowing killing of another.  The killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user.  The killing of another by unlawful distribution or unlawful delivery or unlawful dispensation of fentanyl or carfentanil, when those substances alone, or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, including controlled substance analogs, is the proximate cause of the death of the user. Present law classifies second degree murder as a Class A felony, which is generally punishable by 15 to 60 years in prison and a potential fine of up to $50,000. However, when the victim is a minor, such convicted person must be punished from within one range higher than the sentencing range otherwise appropriate for the person. Generally, the 15-to-60-year span for imprisonment for a Class A felony is divided into the three ranges of Range I, Range II, and Range III. The range determination is based upon the number of prior convictions which, in turn, determines the potential span for that particular offender. For a Class A felony, a Range I sentence is 15 to 25 years, a Range II sentence is 25 to 40 years, and a Range III sentence is 40 to 60 years. For acts committed on or after July 1, 2026, this bill requires a person convicted of second degree murder to be punished as a Range II offender. However, the sentence imposed upon such person must be at least within Range II and may, if appropriate, be within Range III.

Statutes affected:
Introduced: 39-13-210(c), 39-13-210