§ 39-15-506 — Placement on registry - Fine

Tennessee § 39-15-506

• Jurisdiction: Tennessee
• Title: 39

Text

(a) (1) Following a conviction for a violation of § 39-15-502 , § 39-15-507(b) or (c) , § 39-15-508 , § 39-15-510 , § 39-15-511 , or § 39-15-512 , or an attempt to commit any of those offenses, or at the discretion of the court for a conviction of § 39-15-507(d) , the clerk of the court shall notify the health facilities commission, created by § 68-11-1604 , of the conviction within ninety (90) calendar days of the date of the conviction by sending a copy of the judgment in the manner set forth in § 68-11-1003 for inclusion on the registry pursuant to title 68, chapter 11, part 10. (2) Upon receipt of a judgment of conviction for a violation of an offense set out in subdivision (a)(1), the commission shall place the person or persons convicted on the registry of persons who have abused, neglected, or financially exploited an elderly or vulnerable adult as provided in § 68-11-1003(c) . (3) Upon entry of the information in the registry, the commission shall notify the person convicted, at the person's last known mailing address, of the person's inclusion on the registry. The person convicted shall not be entitled or given the opportunity to contest or dispute either the prior hearing conclusions or the content or terms of any criminal disposition, or attempt to refute the factual findings upon which the conclusions and determinations are based. The person convicted may challenge the accuracy of the report that the criminal disposition has occurred, such hearing conclusions were made, or any factual issue related to the correct identity of the person. If the person convicted makes such a challenge within sixty (60) days of notification of inclusion on the registry, the executive director of the health facilities commission, or the executive director's designee, shall afford the person an opportunity for a hearing on the matter that complies with the requirements of due process and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) (1) In addition to any other punishment that may be imposed for a violation of § 39-15-502 , § 39-15-507 , § 39-15-508 , § 39-15-510 , § 39-15-511 , or § 39-15-512 , the court shall impose a fine of not less than five hundred dollars ($500) for Class A or Class B misdemeanor convictions, and a fine of not less than one thousand dollars ($1,000) for felony convictions. The fine shall not exceed the maximum fine established for the appropriate offense classification. (2) The person convicted shall pay the fine to the clerk of the court imposing the sentence, who shall transfer it to the district attorney of the judicial district in which the case was prosecuted. The district attorney shall credit the fine to a fund established for the purpose of educating, enforcing, and providing victim services for elderly and vulnerable adult prosecutions.

Legislative History

Amended by 2023 Tenn. Acts, ch. 103, Secs.s 1, s 2, s 3 eff. 3/31/2023. Amended by 2021 Tenn. Acts, ch. 500, s 13, eff. 10/1/2021. Amended by 2019 Tenn. Acts, ch. 474, s 6, eff. 1/1/2020. Amended by 2019 Tenn. Acts, ch. 474, s 5, eff. 1/1/2020. Amended by 2018 Tenn. Acts, ch. 1050, s 4, eff. 1/1/2019. Amended by 2018 Tenn. Acts, ch. 1050, s 3, eff. 1/1/2019. Added by 2017 Tenn. Acts, ch. 466, s 2, eff. 7/1/2017.