Tennessee Senate Bill SB2359

Tennessee 2025-2026 Regular Session

• Introduced: 2/2/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 24, Chapter 7 and Title 39, relative to victim testimony.

Impact

Under this bill, specific changes are made to Tennessee Code Annotated, particularly Sections 24-7-120 and 39. It asserts that for a child under the age of thirteen, there is a rebuttable presumption that the child would experience trauma from the presence of the accused in court. This recognition acknowledges the vulnerabilities of young witnesses and seeks to protect their emotional well-being during trials. The trial judge can determine whether to permit testimony via two-way closed-circuit television (CCTV), provided that this does not unduly prejudice the defendant's rights.

Summary

Senate Bill 2359, initiated by Senator Hensley, aims to amend certain provisions within the Tennessee Code Annotated regarding victim testimony, particularly focusing on children. The bill introduces measures that allow for alternatives to in-person testimony, which is essential in cases where a child may be traumatized by the presence of the defendant. One of the key aspects of the bill is the intent to ease the burdens on child witnesses during legal proceedings while also ensuring fairness in the judicial process.

Contention

While the bill presents important amendments to support victims, particularly children, some concerns arise regarding the balance between victim protection and the rights of the accused. Critics may argue that allowing testimony via CCTV could affect the jury's perception of the witness's credibility or the defendant's right to confront their accuser in person. However, supporters argue that the psychological well-being of the child should be prioritized, emphasizing the need for innovative approaches to courtroom procedures that safeguard emotional health without compromising justice.