HB 2081

Present law establishes the Tennessee second look commission , which review s an appropriate sampling of cases involving a second or subsequent incident of severe child abuse in order to provide recommendations and findings to the general assembly regarding whether or not severe child abuse cases are handled in a manner that provi des adequate protection to the children of this state. This bill adds the commissioner of mental health and substance abuse services , or the commissioner's designee , to the commiss ion. REQUESTS MADE BY SECOND LOOK COMMISSION Present law requires certain persons, teams, and agencies to provide all of the following to the second look commission upon request by the commission:  I nformation and data concerning a second or subsequent incident of severe abuse .  Cause the person most knowledgeable with the case to testify regarding any cases concerning a second or subsequent incident of severe abuse .  R ecommendations concerning where gaps and deficiencies may exist in the various systems involved in protecting children from severe child abuse. This bill removes the limitation that such information must concern a second or subsequent incident of severe child abuse , and requires, instead, that the information must be supplied for a ny case being reviewed by the commission . Additionally, the commission may request and have access to any records held by a state agency that are necessary for performance of the commission's duties and responsibilities . Further, any representative of the mental health disciplines involved in investigations conducted b y provision of services to dependent and neglected youth must also provide the above to the commission upon request. SEVERE CHILD ABUSE — STRANGULATION Present law designates several acts that constitute severe child abuse, including the e xposure of a child to serious bodily injury or death, or the risk of serious bodily injury or death, caused by brutality, abuse, neglect, or use of force . This bill adds that severe child abuse also includes the exposure of a child to serious bodily injury or death, or the risk of such, caused by strangulation . AGGRAVATED CHILD ABUSE AND AGGRAVATED CHILD NEGLECT OR ENDANGERMENT Present law provides that a person commits the offense of aggravated child abuse, aggravated child neglect , or aggravated child endangerment, who commits child abuse , child neglect, or child endangerment and additionally commits one or more of several acts. One such act is when the abuse, neglect , or endangerment was especially heinous, atrocious or cruel, or involved the infliction of torture to the victim . This bill adds that it would also constitute such an aggravated offense if that abuse involved strangulation. STATUTORY AND AGGRAVATED STATUTORY RAPE Present law provides that s tatutory rape is the unlawful sexual penetration of a victim by the defendant , or of the defendant by the victim , when t he victim is 13 or 14 and the defendant is four to 10 years older , o r t he victim is 15, 16, or 17 and the defendant is more than five but less than 10 years older. Aggravated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim , when the victim is 13 to 17 and the defendant is at least 10 years older. If a law enforcement officer receives a report of a violation of statutory or aggravated statutory rape as described in the paragraph above, this bill requires the law enforcement officer to refer the victim to the child advocacy center serving that geographical area for a forensic interview and to notify the child protective team of the reported child sexual abuse.