Criminal Offenses - As enacted, creates the Class A felony of aggravated human trafficking; revises other provisions in regard to trafficking, involuntary servitude, and prostitution offenses. - Amends TCA Title 4; Title 39; Title 40 and Title 71.
Companion bill has been assigned Public Chapter Number 1089 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB1416Date
    Comp. became Pub. Ch. 108906/01/2022
    Comp. SB subst.04/27/2022
    Sponsor(s) Added.04/27/2022
    H. Placed on Regular Calendar for 4/27/202204/26/2022
    Placed on cal. Calendar & Rules Committee for 4/26/202204/26/2022
    Rec. for pass. if am., ref. to Calendar & Rules Committee04/26/2022
    Placed on cal. Finance, Ways, and Means Committee for 4/26/202204/26/2022
    Rec for pass if am by s/c ref. to Finance, Ways, and Means Committee04/26/2022
    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/26/202204/20/2022
    Def. to Special Calendar to be Published with Final Calendar in Finance, Ways, and Means Subcommittee01/26/2022
    Sponsor(s) Added.01/26/2022
    Placed on s/c cal Finance, Ways, and Means Subcommittee for 1/26/202201/19/2022
    Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee05/03/2021
    Placed on s/c cal Finance, Ways, and Means Subcommittee for 5/3/202104/28/2021
    Sponsor(s) Added.04/22/2021
    Placed behind the budget04/21/2021
    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/21/202104/14/2021
    Sponsor(s) Added.04/08/2021
    Assigned to s/c Finance, Ways, and Means Subcommittee04/07/2021
    Rec. for pass; ref to Finance, Ways, and Means Committee04/07/2021
    Placed on cal. Criminal Justice Committee for 4/7/202103/31/2021
    Rec. for pass by s/c ref. to Criminal Justice Committee03/31/2021
    Placed on s/c cal Criminal Justice Subcommittee for 3/31/202103/24/2021
    Assigned to s/c Criminal Justice Subcommittee03/01/2021
    P2C, ref. to Criminal Justice Committee02/25/2021
    Intro., P1C.02/24/2021
    Filed for introduction02/23/2021
    Actions For SB1378Date
    Effective date(s) 07/01/202206/01/2022
    Pub. Ch. 108906/01/2022
    Signed by Governor.05/27/2022
    Transmitted to Governor for action.05/18/2022
    Signed by H. Speaker05/17/2022
    Signed by Senate Speaker05/12/2022
    Enrolled and ready for signatures05/04/2022
    Concurred, Ayes 31, Nays 0 (Amendment 2 - HA1009)04/27/2022
    Concurred, Ayes 30, Nays 0 (Amendment 1 - HA1008)04/27/2022
    Placed on Senate Message Calendar 2 for 4/27/202204/27/2022
    Passed H., as am., Ayes 92, Nays 0, PNV 004/27/2022
    H. adopted am. (Amendment 2 - HA1009)04/27/2022
    H. adopted am. (Amendment 1 - HA1008)04/27/2022
    Subst. for comp. HB.04/27/2022
    Rcvd. from S., held on H. desk.03/03/2022
    Sponsor(s) Added.03/01/2022
    Engrossed; ready for transmission to House03/01/2022
    Passed Senate as amended, Ayes 32, Nays 002/28/2022
    Senate adopted Amendment (Amendment 1 - SA0480)02/28/2022
    Placed on Senate Regular Calendar for 2/28/202202/24/2022
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 10, Nays 0 PNV 002/22/2022
    Placed on Senate Finance, Ways, and Means Committee calendar for 2/22/202202/15/2022
    Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee05/03/2021
    Placed on Senate Finance, Ways, and Means Committee calendar for 5/3/202104/29/2021
    Action deferred in Senate Finance, Ways, and Means Committee to 5/3/202104/28/2021
    Placed on Senate Finance, Ways, and Means Committee calendar for 4/28/202104/28/2021
    Action deferred in Senate Finance, Ways, and Means Committee to 4/28/202104/27/2021
    Placed on Senate Finance, Ways, and Means Committee calendar for 4/27/202104/22/2021
    Rule #83(8) Suspended, to be heard in S. FW&M Comm. 4/27/2104/22/2021
    Recommended for passage, refer to Senate Finance, Ways, and Means Committee03/09/2021
    Placed on Senate Judiciary Committee calendar for 3/9/202103/03/2021
    Passed on Second Consideration, refer to Senate Judiciary Committee02/22/2021
    Introduced, Passed on First Consideration02/11/2021
    Filed for introduction02/11/2021
  • AmendmentsFiscal Memos
    HA1008Amendment 1-0 to HB1416Fiscal Memo for HA1008 (18004)  Fiscal Memo for HA1008 (18004)  
    HA1009Amendment 2-0 to HB1416Fiscal Memo for HA1009 (18230)  
    AmendmentsFiscal Memos
    SA0480Amendment 1-1 to SB1378Fiscal Memo for SA0480 (10856)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB1416

  • Fiscal Summary

    Increase State Expenditures – $190,900 Incarceration*


    Bill Summary

    This bill adds to and revises provisions governing criminal offenses involving human trafficking, as discussed below.

    Under present law, the offense of trafficking for a commercial sex act is a Class B felony, except where the victim of the offense is a child under 15 years of age, or where the offense occurs on the grounds or facilities or within 1,000 feet of a public or private school, secondary school, preschool, child care agency, public library, recreational center, or public park, in which cases it is a Class A felony. This bill revises the applicable age for the enhanced punishment to be "under 18 years of age."

    Under this bill, there will be no release eligibility for a person committing, on or after July 1, 2021, the offense of: involuntary labor servitude; trafficking persons for forced labor or services; trafficking for commercial sex act; or promoting the prostitution of a minor. Such persons must serve 100 percent of the sentence imposed by the court less sentence credits earned and retained. However, sentence reduction credits may not operate to reduce the sentence imposed by the court by more than 15 percent.

    This bill creates the Class A felony offense of "aggravated human trafficking," which is the commission of an act that constitutes any of the following criminal offenses, if the victim of the criminal offense is under 13 years of age:

    (1) Involuntary labor servitude;

    (2) Trafficking persons for forced labor or services;

    (3) Trafficking for commercial sex act; or

    (4) Promoting the prostitution of a minor.

    A person convicted of the offense will be punished as a Range II offender; however, the sentence imposed upon the person may, if appropriate, be within Range III but in no case will it be lower than Range II. There will be no release eligibility for a person convicted of aggravated human trafficking. Such person must serve the entire sentence imposed by the court undiminished by any sentence reduction credits the person may be eligible for or earn, but the person may earn any credits for which the person is eligible and the credits may be used for the purpose of increased privileges, reduced security classification, or for any purpose other than the reduction of the sentence imposed by the court. This bill specifies that the release eligibility and parole provisions under present law will not apply to or authorize the release of a person convicted of the offense prior to service of the entire sentence imposed by the court. This bill prohibits the governor and the board of parole from releasing or causing the release of a person convicted of the offense prior to the service of the entire sentence imposed by the court.

    ON FEBRUARY 28, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1378, AS AMENDED.

    AMENDMENT #1 makes various changes to this bill as follows:

    (1) Changes the applicable age for the enhanced punishment for the offense of trafficking for a commercial sex act to be more than 12 years of age but less than 18 years of age;

    (2) Deletes the provisions of this bill that would eliminate release eligibility for a person committing, on or after July 1, 2021, the offense of: involuntary labor servitude; trafficking persons for forced labor or services; trafficking for commercial sex act; or promoting the prostitution of a minor;

    (3) Replaces this bill's offense of "aggravated human trafficking," with the Class A felony offense of "aggravated trafficking for a commercial sex act", which would be the commission of an act that constitutes trafficking for commercial sex act when the victim is under 13 years of age. A person convicted of aggravated trafficking for a commercial sex act must be punished as a Range II offender, although the sentence could be for that of a Range III offender. Additionally, a person convicted of such offense would have to serve the entire sentence and be sentenced community supervision for life, including satellite monitoring as a mandatory condition of supervision; and

    (4) Changes this bill's effective date to July 1, 2022.

    ON APRIL 27, 2022, THE HOUSE SUBSTITUTED SENATE BILL 1378 FOR HOUSE BILL 1416, ADOPTED AMENDMENTS #1 AND #2, AND PASSED SENATE BILL 1378, AS AMENDED.

    AMENDMENT #1 rewrites this bill to:

    (1) Create the Class A felony of aggravated human trafficking which is the commission of an act that constitutes any of the following criminal offenses, if the victim of the criminal offense is under 13 years of age:

    (A) Involuntary labor servitude;

    (B) Trafficking persons for forced labor or services;

    (C) Trafficking for commercial sex act;

    (D) Patronizing prostitution; or

    (E) Promoting prostitution;

    (2) Provide that a person convicted of aggravated human trafficking will be punished as a Range II offender; however, the sentence imposed upon the person may, if appropriate, be within Range III but in no case will it be lower than Range II;

    (3) Provide that the present law provision whereby after a person sentenced to community supervision has been on supervision for a period of 15 years, the person may petition the sentencing court for release from community supervision will not apply to a person sentenced for aggravated human trafficking under the circumstances described above in (C), (D), or (E). Under this amendment, the board of parole may require, as a mandatory condition of supervision for a person convicted under the circumstances described in (C), (D), or (E), that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of supervision consistent;

    (4) Provide that the present law provisions regarding release eligibility status and parole will not apply to or authorize the release of a person convicted of aggravated human trafficking prior to service of the entire sentence imposed by the court. Similarly, the present law provisions governing reduction of prison overcrowding will not give either the governor or the board of parole the authority to release or cause the release of a person convicted of aggravated human trafficking prior to the service of the entire sentence imposed by the court;

    (5) Revise the penalty for involuntary labor servitude when the victim is under a certain age. Under present law, involuntary servitude is generally a Class C felony, but is enhanced to a Class B felony in certain circumstances, such as when the victim was under 13 years of age. This amendment rewrites that particular provision so that the offense will be a Class A felony if the victim was more than 12 years of age but less than 18 years of age. Similarly, this amendment enhances from a Class C felony to a Class A felony the penalty for trafficking for forced labor or services if the victim was more than 12 years of age but less than 18 years of age;

    (6) Revise the penalty for trafficking for commercial sex act. Under present law, the offense is a Class B felony, except it is a Class A felony where the victim of the offense is a child under 15 years of age, or where the offense occurs on the grounds or facilities or within 1,000 feet of a public or private school, secondary school, preschool, child care agency, public library, recreational center, or public park. This amendment rewrites the above provisions so that the offense will be a Class B felony but enhanced to a Class A felony if the victim of the offense is a child more than 12 years of age but less than 18 years of age. Under this amendment, there will not be an enhancement based on location of the offense;

    (7) Revise the enhanced penalties for promoting prostitution. Under present law, the offense is a Class E felony but is punished as trafficking for a commercial sex act if the person being promoted is less than 18 years of age and is a Class D felony if the person being promoted has an intellectual disability. This amendment rewrites the enhanced penalty provision to provide that the offense will be a Class A felony if the person being promoted is a person more than 12 years of age but less than 18 years of age or a person with an intellectual disability;

    (8) Add aggravated human trafficking under the circumstances described above in (C), (D), and (E) to the list of offenses for which a person will receive a sentence of community supervision for life, in addition to any other authorized punishment;

    (9) Provide that there will be no release eligibility for a person committing the offense of aggravated human trafficking on or after July 1, 2022. The person must serve 100 percent of the sentence imposed by the court undiminished by any sentence reduction credits the person may be eligible for or earn. The person will be permitted to earn any credits for which the person is eligible, and the credits may be used for the purpose of increased privileges, reduced security classification, or for a purpose other than the reduction of the sentence imposed by the court; and

    (10) Revise the list of offenses that constitute "human trafficking offense" to include patronizing prostitution from a person who is younger than 18 years of age or has an intellectual disability.

    AMENDMENT #2 adds aggravated human trafficking to the list of offenses that makes assets subject to criminal forfeiture.

  • FiscalNote for HB1416/SB1378 filed under SB1378

  • House Floor and Committee Votes

    House moved to substitute and conform to SB1378

    SB1378 by Bell - FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/27/2022
    Passed
              Ayes...............................................92
              Noes................................................0

              Representatives voting aye were: Alexander, Baum, Beck, Boyd, Bricken, Byrd, Calfee, Camper, Carringer, Casada, Cepicky, Chism, Clemmons, Cochran, Cooper, Crawford, Curcio, Darby, Dixie, Doggett, Eldridge, Faison, Farmer, Freeman, Garrett, Gillespie, Griffey, Grills, Hakeem, Halford, Hall, Hardaway, Harris, Haston, Hawk, Hazlewood, Helton, Hicks T, Hodges, Holsclaw, Howell, Hulsey, Hurt, Jernigan, Johnson C, Johnson G, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Love, Lynn, Mannis, Marsh, Martin, McKenzie, Miller, Mitchell, Moody, Moon, Ogles, Parkinson, Powell, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sexton J, Shaw, Sherrell, Sparks, Stewart, Terry, Thompson, Todd, Towns, Vaughan, Vital, Warner, Weaver, White, Whitson, Williams, Windle, Wright, Zachary, Mr. Speaker Sexton C -- 92.

              HB1416 by Curcio - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 4/27/2022 4/26/2022
              Voice Vote - Ayes Prevail

              HB1416 by Curcio - HOUSE FINANCE, WAYS, AND MEANS COMMITTEE:
    Rec. for pass. if am., ref. to Calendar & Rules Committee 4/26/2022
              Voice Vote - Ayes Prevail

              HB1416 by Curcio - HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Finance, Ways, and Means Committee 4/26/2022
              Voice Vote - Ayes Prevail

              HB1416 by Curcio - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Rec. for pass; ref to Finance, Ways, and Means Committee 4/7/2021
              Voice Vote - Ayes Prevail

              HB1416 by Curcio - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Rec. for pass by s/c ref. to Criminal Justice Committee 3/31/2021
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB1378 by Bell - FLOOR VOTE: Concur in House Amend# 2 4/27/2022
    Passed
              Ayes...............................................31
              Noes................................................0

              Senators voting aye were: Akbari, Bailey, Bell, Bowling, Briggs, Campbell, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Kelsey, Kyle, Lamar, Lundberg, Massey, Niceley, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Walley, Watson, White, Yager, Yarbro, Mr. Speaker McNally -- 31.

    SB1378 by Bell - FLOOR VOTE: Concur in House Amend# 1 4/27/2022
    Passed
              Ayes...............................................30
              Noes................................................0

              Senators voting aye were: Akbari, Bailey, Bell, Bowling, Briggs, Campbell, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Kelsey, Kyle, Lamar, Lundberg, Massey, Niceley, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Walley, Watson, White, Yarbro, Mr. Speaker McNally -- 30.

    SB1378 by Bell - FLOOR VOTE: as Amended Third Consideration 2/28/2022
    Passed
              Ayes...............................................32
              Noes................................................0

              Senators voting aye were: Akbari, Bailey, Bell, Bowling, Briggs, Campbell, Crowe, Gardenhire, Gilmore, Haile, Hensley, Jackson, Johnson, Kelsey, Kyle, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Walley, Watson, White, Yager, Yarbro, Mr. Speaker McNally -- 32.

    SB1378 by Bell - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
    Recommend for passage, with amendment 2/22/2022
    Passed
              Ayes...............................................10
              Noes................................................0

              Senators voting aye were: Gardenhire, Gilmore, Haile, Hensley, Johnson, Lundberg, Stevens, Watson, White, Yarbro -- 10.

    SB1378 by Bell - SENATE JUDICIARY COMMITTEE:
    Recommended for passage, refer to Senate Finance, Ways, and Means Committee 3/9/2021
    Passed
              Ayes................................................8
              Noes................................................0

              Senators voting aye were: Bell, Gardenhire, Kyle, Lundberg, Roberts, Rose, Stevens, White -- 8.