The House Criminal Justice Subcommittee met in March (date not specified) and voted to advance a slate of criminal justice bills to the full Judiciary Committee, including legislation to change how fentanyl cases are charged, require DNA samples upon arrest for felony suspects and permanently extend a pilot victim‑notification system for crime victims.
Supporters and law enforcement witnesses argued the measures respond to sharply rising overdose and violent‑crime risks, while some members raised concerns about scope, enforcement and unintended consequences. The committee approved most measures on largely party‑line votes and without extensive amendments; one bill on DNA sampling drew a recorded minority vote.
Proponents called the fentanyl measure urgent. Representative Doggett, sponsor of House Bill 573 (listed on the calendar as House Bill 5 73), described lowering the statutory threshold used to classify certain fentanyl quantities as an A felony and invited testimony from prosecutors and drug‑task force representatives. Steven Crump, executive director of the Tennessee District Attorneys General Conference, told the committee: "50 grams will still kill 25,000 Tennesseans," arguing the small physical amount makes fentanyl uniquely lethal and warrants tougher penalties. Mike Dunvant, deputy director for legal services and policy at the same conference, described how interdiction and packaging affect charging decisions and noted federal or multijurisdictional investigations sometimes shift prosecutions away from state courts.
Committee members asked factual questions about measurement and prosecution. Representative Powell pressed witnesses on how mixed or adulterated pills would be treated; Dunvant said overdose‑death prosecutions can reflect combinations of drugs but that the A‑felony possession threshold applies to a substance in its collected form. The bill was approved by the subcommittee and will move to full Judiciary.
A separate bill on DNA collection drew debate about privacy and administrative burden. Chairman Crawford sponsored House Bill 473, which would require law enforcement to collect a DNA sample from persons arrested for a felony and notify the Tennessee Bureau of Investigation (TBI). Crawford said the change is intended to help solve cold cases, citing a decades‑old murder solved after a later arrest produced a match. Members asked whether multiple arrests would require additional swabs; Crawford said current draft would require another swab but he expects follow‑up language to allow reuse of a valid existing sample to avoid duplicative local costs. The subcommittee approved the bill 7‑1‑1 (ayes, nays, present not voting) and sent it forward.
The committee also voted to continue a victim‑notification pilot. Representative Hosey described an existing pilot “Savin” system that allows victims to track a case from pretrial through sentencing; the bill (House Bill 1328 on the calendar, listed here as House Bill 13 28) would remove the pilot’s sunset and keep the notification system in place. Members said the system would support any future constitutional victim‑notification requirements known as Marcy’s Law. The measure advanced without dissent.
Other bills approved or advanced included technical changes to the Protect Tennessee Minors Act (House Bill 761), expansion of the racketeering statute to add organized retail crime and related offenses (House Bill 587), multiple weapons and violent‑crime changes proposed by Chairman Doggett (House Bills 578, 579, 583 and related measures), and a bill increasing the felony class for certain motor vehicle burglaries (House Bill 555). Representative Powell sponsored an amendment expanding an offense to include possession of fentanyl or fentanyl analogues in the presence of young children; that measure was approved as amended and forwarded.
Several bills were rolled to later calendars without final votes; the committee chair announced remaining calendar items would be carried forward to next week. Where members asked for clarifications on enforcement or administrative details, sponsors said they would refine statutory text before the full Judiciary Committee or on the House floor.
Votes at a glance
- House Bill 5 73 (fentanyl threshold change): advanced to full Judiciary (vote recorded: 9 ayes, 0 nays). Supporters said lowering the threshold reflects fentanyl’s lethality; opponents asked about measurement and mixture issues.
- House Bill 4 73 (DNA sampling on arrest for felony suspects): advanced to full Judiciary (vote recorded: 7 ayes, 1 nay, 1 present not voting). Sponsor said samples would help solve cold cases; some members raised privacy and duplication concerns.
- House Bill 13 28 (victim‑notification/Savin program): advanced to full Judiciary (vote recorded: 8 ayes, 0 nays). The bill removes the pilot’s sunset to continue the program.
- House Bill 7 61 (Protect Tennessee Minors Act cleanup): advanced as amended (vote recorded: 7 ayes, 0 nays, 2 present not voting).
- House Bill 5 87 (RICO additions: organized retail crime and related offenses): advanced to full Judiciary (vote recorded: 9 ayes, 0 nays).
- House Bill 5 78 (adds felonies to list that enhance firearm employment penalties): advanced to full Judiciary (vote recorded: 7 ayes, 0 nays, 2 present not voting).
- House Bill 5 79 (adds robbery to definition of "crime of violence" for felon‑in‑possession sentencing): advanced to full Judiciary (vote recorded: ayes, 0 nays, 1 present not voting).
- House Bill 5 83 (forensic interviews / child advocacy centers; amendment separating funding requirements from admissibility): advanced as amended (vote recorded: 9 ayes, 0 nays).
- House Bill 7 51 (possession of fentanyl or analogues in presence of children; amended penalties): advanced as amended (vote recorded: 7 ayes, 0 nays, 1 present not voting).
- House Bill 5 47 (creates public safety fund for district attorneys): advanced to full Judiciary (vote recorded: 9 ayes, 0 nays).
- House Bill 9 62 (local CBD/hemp board permissive authority): advanced to full Judiciary (vote recorded: 8 ayes, 0 nays).
- House Bill 8 84 (clarifies obscene performance boundary to include events in other facilities): advanced to full Judiciary (vote recorded: 7 ayes, 2 nays).
- House Bill 8 21 (ID requirement for vape and tobacco sales): advanced to full Judiciary (vote recorded: 9 ayes, 0 nays).
- House Bill 1 84 (adds "community terrorism" category within reckless endangerment): advanced to full Judiciary (vote recorded: 9 ayes, 0 nays).
- House Bill 5 55 (burglary of motor vehicles — increased felony class): advanced to full Judiciary (vote recorded: ayes, 0 nays).
Why this matters: The measures collectively change state criminal statutes and prosecutorial tools covering narcotics, violent‑crime sentencing, child‑protection procedures and local regulatory authority. Changes to fentanyl thresholds and DNA collection could affect charging decisions, investigative resources and privacy procedures; sponsors and prosecutors framed them as responses to rising overdose and violent‑crime patterns.
What’s next: Each approved bill will be considered by the full House Judiciary Committee. Sponsors said they plan to refine statutory language on technical points — for example, reuse of DNA samples and definitions of fentanyl analogues — before floor consideration.
Ending: The committee adjourned after finishing the day’s calendar and rolled remaining items to the next week’s meeting.