Public Chapter 406

SENATE BILL NO. 22

By McNally, Person, Miller, Rochelle, Carter, Cohen, Atchley, Fowler

Substituted for: House Bill No. 597

By Chumney, Boner, Maddox, Fitzhugh

AN ACT To amend Tennessee Code Annotated, Title 39, Chapter 13, Part 5, relative to certain sexual offenses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 39-13-503, is amended by adding the following new subsection:

(c) When imposing sentence under the provisions of Tennessee Code Annotated, Title 40, Chapter 35, for a conviction under this section, the court shall consider as an enhancement factor that the defendant caused the victim to be mentally incapacitated or physically helpless by use of a controlled substance.

SECTION 2. Tennessee Code Annotated, Section 39-13-522, is amended by adding the following new subsection:

(c) When imposing sentence under the provisions of Tennessee Code Annotated, Title 40, Chapter 35, for a conviction under this section, the court shall consider as an enhancement factor that the defendant caused the victim to be mentally incapacitated or physically helpless by use of a controlled substance.

SECTION 3. Tennessee Code Annotated, Section 39-13-505, is amended by adding the following new subsection:

(c) When imposing sentence under the provisions of Tennessee Code Annotated, Title 40, Chapter 35, for a conviction under this section, the court shall consider as an enhancement factor that the defendant caused the victim to be mentally incapacitated or physically helpless by use of a controlled substance.

SECTION 4. This act shall take effect July 1, 1997, the public welfare requiring it.