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Panel advances bill creating criminal penalty for threatening childcare, preschool or religious institutions after debate over intent and reporting

February 25, 2025 | Judiciary, Senate, Committees, Legislative, Tennessee


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Panel advances bill creating criminal penalty for threatening childcare, preschool or religious institutions after debate over intent and reporting
Senate Bill 591 (listed in the docket as Senate Bill 5‑91) would create a specific criminal offense for threatening to commit violence on the property of a childcare facility, preschool, or religious institution and requires reporting of threats to law enforcement and authorities. Sen. Hal Hale (bill sponsor) framed the bill as a targeted response to recent incidents where courts and prosecutors lacked a clear statutory charge to detain or otherwise respond to suspects who made explicit threats against children or child‑care settings.

Witnesses included law‑enforcement, legal counsel and advocacy organizations; the most contested issue was whether a prosecutor should have to prove an intent to carry out the threat. Sen. Kyle offered an amendment to require the state to show the speaker intended to carry out the threat (instead of recklessness alone). Legal counsel explained the difference between “reckless” and “intentional” mental states and cautioned that requiring intent raises evidentiary and proof burdens, while permitting reckless‑based charges makes it easier to act on threats that nevertheless pose imminent danger.

After debate, the committee held a roll‑call vote on Sen. Kyle’s amendment; the amendment failed (4–5). The bill as amended (the sponsor’s text without the intent requirement) passed the committee by roll call; the committee record shows the final tally in committee was 5 ayes and 4 nays on the bill as amended. Committee members and legal counsel discussed the risk of over‑criminalizing juvenile or offhand statements versus the public‑safety need to allow authorities to act on credible threats to vulnerable facilities.



(Reporting note: the committee relied on testimony from legal counsel and prosecutors who emphasized that fact patterns vary and prosecutorial discretion will govern charging choices.)

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