S.B.2133. Sentencing - As introduced, prohibits a sentencing court from making a sentencing determination based in whole or in part on defendant’s consent or refusal to consent to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant’s consent is voluntarily given. - Amends TCA Title 40.

Tennessee Senate
Last action 7 months ago
Polls (closed):
Yay (0)    Nay (0)

Summary

                    Prohibits a sentencing court from making a sentencing determination based in whole or in part on defendant’s consent or refusal to consent to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant’s consent is voluntarily given. - Amends TCA Title 40.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 40, Chapter 35, Part 2, is amended by adding the following as a new section:
                
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                    A sentencing court shall not make a sentencing determination that is based in whole or in part on the defendant’s consent or refusal to consent to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant’s consent is voluntarily given.

SECTION 2. Tennessee Code Annotated, Section 40-35-302, is amended by adding the following as a new subsection:

( ) A sentencing court shall not make a sentencing determination that is based in whole or in part on the defendant’s consent or refusal to consent to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant’s consent is voluntarily given.

SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.

ON MARCH 1, 2018, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2133, AS AMENDED.

AMENDMENT #1 adds a prohibition against courts accepting a guilty plea agreement or plea of nolo contendere, or imposing a sentence, if any part of the plea or sentence is in whole or in part conditioned or based upon the criminal defendant submitting to any form of temporary or permanent birth control, sterilization, or family planning services, regardless of whether the defendant's consent is voluntarily given. This amendment defines "sterilization" to mean the process of rendering an individual incapable of sexual reproduction by castration, vasectomy, salpingectomy, or some other procedure and includes endoscopic techniques for female sterilization that can be performed outside of a hospital without general anesthesia such as culdoscopic, hysteroscopic, and laparoscopic sterilization. This amendment also specifies that this bill's prohibitions do not apply to the provision of educational services on the matters of temporary or permanent birth control, sterilization, or family planning services.
                

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.

Actions

  • Comp. became Pub. Ch. 917

    Tue, May 8th 2018
  • Pub. Ch. 917

    Tue, May 8th 2018
  • Effective date(s) 05/01/2018

    Tue, May 8th 2018
  • Signed by Governor.

    Tue, May 1st 2018
  • Transmitted to Governor for action.

    Mon, Apr 23rd 2018
  • Signed by Senate Speaker

    Thu, Apr 19th 2018
  • Signed by H. Speaker

    Thu, Apr 19th 2018
  • Signed by H. Speaker

    Thu, Apr 19th 2018
  • Enrolled and ready for signatures

    Wed, Apr 18th 2018
  • Comp. SB subst.

    Tue, Apr 17th 2018
  • Sponsor(s) Added.

    Tue, Apr 17th 2018
  • Subst. for comp. HB.

    Tue, Apr 17th 2018
  • Am. withdrawn. (Amendment 1 - HA0958)

    Tue, Apr 17th 2018
  • Passed H., Ayes 70, Nays 23, PNV 0

    Tue, Apr 17th 2018
  • Sponsor(s) Added.

    Mon, Apr 16th 2018
  • H. Placed on Regular Calendar for 4/16/2018

    Thu, Apr 12th 2018
  • Placed on cal. Calendar & Rules Committee for 4/12/2018

    Wed, Apr 11th 2018
  • Rec. for pass; ref to Calendar & Rules Committee

    Tue, Apr 10th 2018
  • Placed on cal. Criminal Justice Committee for 4/10/2018

    Wed, Apr 4th 2018
  • Re-ref. Criminal Justice Committee

    Mon, Apr 2nd 2018
  • H. Placed on Regular Calendar for 4/2/2018

    Thu, Mar 29th 2018
  • Placed on cal. Calendar & Rules Committee for 3/29/2018

    Wed, Mar 28th 2018
  • Rec. for pass. if am., ref. to Calendar & Rules Committee

    Wed, Mar 21st 2018
  • Action def. in Criminal Justice Committee to 3/21/2018

    Wed, Mar 14th 2018
  • Placed on cal. Criminal Justice Committee for 3/21/2018

    Wed, Mar 14th 2018
  • Placed on cal. Criminal Justice Committee for 3/14/2018

    Wed, Mar 7th 2018
  • Rcvd. from S., held on H. desk.

    Mon, Mar 5th 2018
  • Engrossed; ready for transmission to House

    Thu, Mar 1st 2018
  • Passed Senate as amended, Ayes 22, Nays 4

    Thu, Mar 1st 2018
  • Senate adopted Amendment (Amendment 1 - SA0586)

    Thu, Mar 1st 2018
  • Action def. in Criminal Justice Committee to 3/14/2018

    Wed, Feb 28th 2018
  • Placed on Senate Regular Calendar calendar for 3/1/2018

    Tue, Feb 27th 2018
  • Senate Reset on calendar for 3/1/2018

    Thu, Feb 22nd 2018
  • Placed on cal. Criminal Justice Committee for 2/28/2018

    Wed, Feb 21st 2018
  • Rec for pass if am by s/c ref. to Criminal Justice Committee

    Tue, Feb 20th 2018
  • Placed on Senate Regular Calendar calendar for 2/22/2018

    Tue, Feb 20th 2018
  • Sponsor(s) Added.

    Thu, Feb 15th 2018
  • Sponsor(s) Added.

    Thu, Feb 15th 2018
  • Placed on s/c cal Criminal Justice Subcommittee for 2/20/2018

    Wed, Feb 14th 2018
  • Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 0 PNV 0

    Wed, Feb 14th 2018
  • Sponsor(s) Added.

    Tue, Feb 13th 2018
  • Action deferred in Senate Judiciary Committee to 2/14/2018

    Tue, Feb 13th 2018
  • P2C, ref. to Criminal Justice Committee

    Wed, Feb 7th 2018
  • Assigned to s/c Criminal Justice Subcommittee

    Wed, Feb 7th 2018
  • Placed on Senate Judiciary Committee calendar for 2/13/2018

    Wed, Feb 7th 2018
  • P1C.

    Mon, Feb 5th 2018
  • Passed on Second Consideration, refer to Senate Judiciary Committee

    Mon, Feb 5th 2018
  • Introduced, Passed on First Consideration

    Thu, Feb 1st 2018
  • Intro.

    Thu, Feb 1st 2018
  • Filed for intro.

    Thu, Feb 1st 2018
  • Filed for introduction

    Wed, Jan 31st 2018