Tennessee Code Title 40. Criminal Procedure § 40-35-122
Current as of January 01, 2020 | Updated by FindLaw Staff
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(a) Notwithstanding any law to the contrary, except as provided in subsection (b), the judge sentencing a defendant who commits a non-violent property offense, as defined in subsection (c), on or after July 1, 2010, shall not be authorized to impose the sentencing alternatives of continuous confinement in a local jail or the department of correction as authorized by § 40-35-104(c)(5), (c)(6), or (c)(8). However, the judge may sentence the defendant to any of the other sentencing alternatives authorized by § 40-35-104(c), which include, but are not limited to, periodic confinement, work release, community corrections, probation, or judicial diversion.
(b)(1) A defendant convicted of an offense set out in subsection (c) may be sentenced to any of the sentencing alternatives authorized by § 40-35-104(c), including a period of continuous confinement, if the sentencing judge determines the defendant:
(A) Has at least one (1) prior conviction at the time the subsection (c) offense is committed; or
(B) Violated the terms and conditions of the alternative sentence originally imposed upon the defendant pursuant to subsection (a).
(2) As used in this subsection (b):
(A)(i) “Prior conviction” means that the defendant serves and is released or discharged from, is serving, or is on escape status from a separate period of incarceration or supervision for the commission of a felony offense prior to or at the time of committing an offense on or after July 1, 2010, listed in subsection (c);
(ii) “Prior conviction” includes convictions under the laws of any other state, government or country that, if committed in this state, would constitute a felony. If an offense in a jurisdiction other than Tennessee is not identified as a felony in this state, it shall be considered a prior conviction if the elements of the offense are the same as the elements for a felony offense in this state; and
(B) “Separate period of incarceration or supervision” includes a sentence to any of the sentencing alternatives set out in § 40-35-104(c)(3)-(9).
(c) As used in this section, a “non-violent property offense” is:
(1) Forgery under § 39-14-114, where the amount of the forgery is less than one thousand dollars ($1,000);
(2) Attempted forgery under §§ 39-12-101 and 39-14-114, where the amount of the forgery is one thousand dollars ($1,000) or more, but less than ten thousand dollars ($10,000);
(3) Criminal simulation under § 39-14-115, where the amount is less than one thousand dollars ($1,000);
(4) Attempted criminal simulation under §§ 39-12-101 and 39-14-115, where the amount is one thousand dollars ($1,000) or more, but less than ten thousand dollars ($10,000);
(5) Facilitating criminal simulation under §§ 39-11-403 and 39-14-115, where the amount is one thousand dollars ($1,000) or more, but less than ten thousand dollars ($10,000);
(6) Felony theft of services under § 39-14-104, where the amount of the theft is less than one thousand dollars ($1,000);
(7) Shoplifting under §§ 39-14-103 or 39-14-146, where the amount taken is less than one thousand dollars ($1,000);
(8) Felony fraudulent use of a credit card under § 39-14-118, where the amount of the theft is less than one thousand dollars ($1,000);
(9) Felony passing worthless checks under § 39-14-121 where the amount of the check is less than one thousand dollars ($1,000);
(10) Passing forged checks under § 39-14-114, where the amount of the forgery is less than one thousand dollars ($1,000);
(11) Felony theft of property under § 39-14-103, where the amount of the theft is less than one thousand dollars ($1,000);
(12) Attempted theft of property under §§ 39-12-101 and 39-14-103, where the amount of the attempted theft is one thousand dollars ($1,000) or more, but less than ten thousand dollars ($10,000);
(13) Facilitating the theft of property under §§ 39-11-403 and 39-14-103, where the amount of the property is one thousand dollars ($1,000) or more, but less than ten thousand dollars ($10,000);
(14) Conspiracy to commit theft of property under §§ 39-12-103 and 39-14-103, where the amount of the property is one thousand dollars ($1,000) or more, but less than ten thousand dollars ($10,000);
(15) Felony vandalism under § 39-14-408, where the amount of the vandalism is less than one thousand dollars ($1,000);
(16) Fraudulent transfer of a motor vehicle under § 39-14-147;
(17) Attempted burglary other than a habitation under §§ 39-12-101 and 39-14-402(a)(1), (a)(2) or (a)(3);
(18) Burglary of an auto under § 39-14-402(a)(4); and
(19) Burning personal property under § 39-14-303.
Cite this article: FindLaw.com - Tennessee Code Title 40. Criminal Procedure § 40-35-122 - last updated January 01, 2020 | https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-35-122.html
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