HB 1871

Present law provides that any of the following constitutes s econd degree murder :  The knowing killing of another .  The killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user .  The killing of another by unlawful distribution or unlawful delivery or unlawful dispensation of fentanyl or carfentanil, when those substances alone, or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, including controlled substance analogs, is the proximate cause of the death of the user. Present law classifies s econd degree murder as a Class A felony , which is generally punishable by 15 to 60 years in prison and a potential fine of up to $50,000 . However, when the victim is a minor , such convicted person must be punished from within one range higher than the sentencing range otherwise appropriate for the person. Generally, t he 15 - to - 60 - year span for imprisonment for a Class A felony is divided into the three ranges of Range I, Range II , and Range III. The range determination is based up on the number of prior convictions which, in turn, determines the potential span for that particular offender. For a Class A felony, a Range I sentence is 15 to 25 years , a Range II sentence is 25 to 40 years, and a Range III sentence is 40 to 60 years. For acts committed on or after July 1, 2026, this bill requires a person convicted of s econd degree murder to be punished as a Range II offender . H owever, the sentence imposed upon such person must be at least within Range II and may, if appropriate, be within Range III .