Tennessee Senate Bill SB1749

Tennessee 2025-2026 Regular Session

• Introduced: 1/16/26

Caption

AN ACT to amend Tennessee Code Annotated, Section 39-11-611; Title 39, Chapter 13, Part 10 and Title 39, Chapter 14, Part 4, relative to trespass.

Impact

The modifications introduced by SB1749 will lead to heightened penalties for individuals found guilty of aggravated burglary and criminal trespass. This alteration in the classification means that offenders will face more serious consequences, which may serve as a deterrent to potential trespassers. By categorizing these actions more harshly, the legislation aligns with a general trend of promoting stronger property protection laws and responding to concerns about safety for property owners in Tennessee.

Summary

Senate Bill 1749 amends various sections of the Tennessee Code Annotated related to criminal trespass and burglary. The key change is the reclassification of aggravated burglary and criminal trespass to a Class C felony, which increases the penalties associated with these offenses. The legislation specifies criteria for what constitutes aggravated criminal trespass, focusing on the intent of the person trespassing and any actions that instigate fear for the property owner's safety. These amendments are aimed at strengthening property rights and providing clearer legal definitions.

Contention

Notable points of contention surrounding SB1749 include the implications of reclassifying criminal offenses, which critics argue may lead to overly punitive measures for acts that could be benign or unintentional. This concern raises questions about the balance between protecting property owners and ensuring fair treatment of individuals who may inadvertently transgress property boundaries. Proponents contend that stronger measures are necessary to protect citizens and deter criminal acts, but the opposition suggests that the potential for excessive punishment might impact marginalized communities disproportionately.