Tenn. Code Ann. § 40-35-325: Enhancement of statutory penalties for illegal aliens - Applicable circumstances - Reporting to the department of safety

(a) As used in this section: (1) "Deadly weapon" has the same meaning as defined in § 39-11-106 ; (2) "Illegal alien" means a person who is illegally or unlawfully in the United States; (3) "School" means a public or private elementary school, middle school, or high school; and (4) "Violent crime" has the same meaning as defined in § 40-38-111(g) ; provided, that the offense is a felony. (b) Notwithstanding another law to the contrary, and in addition to the enhancement factors prescribed under § 40-35-114 , a court may enhance the statutory penalty up to imprisonment for life without the possibility of parole for a conviction under the following circumstances: (1) The conviction is for the commission of a violent crime and the defendant was an illegal alien at the time the offense was committed; (2) The conviction involves the use or display of a deadly weapon and the defendant was an illegal alien at the time the offense was committed; or (3) The conviction is for the commission of a violent crime committed by an adult and the offense occurred on the property of a school while students or other children were present. (c) An arrest and subsequent conviction to which the enhancement factors would apply under subdivision (b)(1) or (b)(2) must be reported to the department of safety. Added by 2024 Tenn. Acts, ch. 1063,s 1, eff. 7/1/2024.

(a) As used in this section: (1) "Deadly weapon" has the same meaning as defined in § 39-11-106 ; (2) "Illegal alien" means a person who is illegally or unlawfully in the United States; (3) "School" means a public or private elementary school, middle school, or high school; and (4) "Violent crime" has the same meaning as defined in § 40-38-111(g) ; provided, that the offense is a felony.

(1) "Deadly weapon" has the same meaning as defined in § 39-11-106 ;

(2) "Illegal alien" means a person who is illegally or unlawfully in the United States;

(3) "School" means a public or private elementary school, middle school, or high school; and

(4) "Violent crime" has the same meaning as defined in § 40-38-111(g) ; provided, that the offense is a felony.

(b) Notwithstanding another law to the contrary, and in addition to the enhancement factors prescribed under § 40-35-114 , a court may enhance the statutory penalty up to imprisonment for life without the possibility of parole for a conviction under the following circumstances: (1) The conviction is for the commission of a violent crime and the defendant was an illegal alien at the time the offense was committed; (2) The conviction involves the use or display of a deadly weapon and the defendant was an illegal alien at the time the offense was committed; or (3) The conviction is for the commission of a violent crime committed by an adult and the offense occurred on the property of a school while students or other children were present.

(1) The conviction is for the commission of a violent crime and the defendant was an illegal alien at the time the offense was committed;

(2) The conviction involves the use or display of a deadly weapon and the defendant was an illegal alien at the time the offense was committed; or

(3) The conviction is for the commission of a violent crime committed by an adult and the offense occurred on the property of a school while students or other children were present.

(c) An arrest and subsequent conviction to which the enhancement factors would apply under subdivision (b)(1) or (b)(2) must be reported to the department of safety.