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HB 2506

Tennessee - Session 114

House of Representatives in_committee 2026-03-19
Bill Details

Title: AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 8; Title 10; Title 38; Title 39; Title 40; Title 41 and Chapter 253 of the Public Acts of 2021, relative to confidential records.

Summary

GOVERNMENTAL ENTITIES AND OFFICIALS This bill requires each state and local governmental entity and official to maintain the following information relative to the operational enforcement of federal and state immigration laws as confidential, and such information is not subject to public in spection:  The name, contact information, address, and other personal identifying information of each federal, state, or local officer, agent, or official participating in federal immigration enforcement activities in this state.  Information related to specific future immigration enforcement operational activities, such as the date and time, location, logistics, or strategies of such activities. The requirements above preempt any policy, procedure, or rule of a state or local governmental entity or official in conflict with such requirements. This bill clarifies that the requirements above, as well as other requirements in present law relative to enforcement of federal immigration laws, apply to a mayor of a county, incorporated city, or town, and metropolitan government. However, the above requirements do not (i) apply to information that is public pursuant to federal law or a court order, or (ii) prohibit federal, state, and local law enforcement agencies and officers from sharing information necessary to facilitate the enforcement of federal and state immigration laws. This bill provides that an official who, acting with criminal negligence, releases information in violation of this bill commits a Class E felony and could be subject to ouster. Additionally, this bill does not preclude the enforcement of other applicab le criminal and civil penalties under federal or state law. OFFICIALS SUBJECT TO REMOVAL Present law provides that every person holding any office of trust or profit, under and by virtue of any of the laws of the state, either state, county, or municipal, except such officers as are by the constitution removable only and exclusively by certain methods, who commit certain actions forfeit such office and must be ousted from such office. This bill adds to the list of those actions in present law, acting with criminal negligence in the unlawful release of confidential information relative to the operational enforcement of federal and state immigration laws. UNLAWFUL RELEASE OF CERTAIN OFFICIALS INFORMATION Present law requires certain records or information of any state, county, municipal or other public employee or former employee, or applicant to such position, or of any law enforcement officer commissioned by governing boards of public institutions of higher education, in the possession of a governmental entity or any person in its capacity as an employer to be treated as confidential and not be open for inspection by members of the public. This bill adds the name of a law enforcement officer who is designated as working undercover to such list of confidential records or information. Further, this bill provides that any person required by law to treat such information as confidential commits a Class E felony if the person acts with criminal negligence in releasing the information to the public. UNLAWFUL RELEASE OF LAW ENFORCEMENT OFFICERS INFORMATION Present law provides that any person required by law to treat residential information for any state, county, municipal, or other public employee as confidential commits a Class B misdemeanor, punishable only by a fine of $500, if such information pertains to a law enforcement officer or a county corrections officer and the person acts with criminal negligence in releasing the information to the public. This bill removes the limitation of punishment to only a $500 fine. Generally, a Class B misdemeanor conviction may be given a term of imprisonment of not greater than six months, a fine not to exceed $500, or both. However, this bill provides that such offense does not apply if (i) the officer whose information is treated as confidential expressly authorizes the release of such information; or (ii) the information is released pursuant to court order. UNLAWFUL RELEASE OF LAW ENFORCEMENT PERSONNEL INFORMATION Present law provides that all law enforcement personnel information in the possession of any entity or agency in its capacity as an employer, including officers commissioned by governing boards of public institutions of higher education, must be open for inspection, except personal information must be redacted where there is a reason not to disclose as determined by the chief law enforcement officer or the chief law enforcement officer's designee. As used in these provisions, "personal information"" includes the officer's residential address, home and personal cellular telephone number; place of employment; name, work address and telephone numbers of the officer's immediate family; name, location, and telephone number of any educational institution or daycare provider where the officer's spouse or child is enrolled. This bill provides that any person required by law to treat such information as confidential commits a Class B misdemeanor if the person acts with criminal negligence in releasing the information to the public. However, if the person knows the information is to be treated as confidential and intentionally releases the information to the public, then the person commits a Class A misdemeanor. If a person acts with criminal negligence in releasing to the public certain information that could be used to identify or to locate an officer designated as working undercover, then the person commits a Class E felony. However, these offenses do not apply if (i) the law enforcement personnel whose information is treated as confidential expressly authorizes the release of such information, or (ii) the information is released pursuant to court order. ON MARCH 9, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1464, AS AMENDED. AMENDMENT #1 requires each state governmental entity and official to maintain the following information relative to the operational enforcement of federal and state immigration laws as confidential, and such information is not subject to public inspection:  The name of a federal, state, or local officer, agent, or official participating in federal immigration enforcement activities in this state when the name is accompanied by contact information, a residential address, or other personal identifying information of the officer, agent, or official .  The name of a federal, state, or local officer, agent, or official participating in federal immigration enforcement activities in this state if (i) t he release would endanger the safety of the individual during an active or planned enforcement operation, (ii) t he individual is currently serving in an undercover capacity, or (iii) a documented threat assessment by the supervising agency head, or a designee, demonstrates a specific, ongoing risk of harm .  Information related to specific future immigration enforcement operational activities, such as the date and time, location, logistics, or strategies of such activities. However, this amendment does not do any of the following:  Prevent the disclosure of information, including the name of the officer, relating to an investigation of alleged misconduct by a law enforcement officer to the extent required by law .  Prevent a state governmental entity or official from disclosing the name of an officer, agent, or official after the conclusion of an operation if the entity or official determines that disclosure does not present a reasonable risk to the safety of the officer, agent, or official or the integrity of current or future operations .  Require the name of an officer, agent, or official from being redacted from an affidavit, warrant, charging instrument, or other judicial record . This amendment provides that a state government official who, acting with criminal negligence, releases information as described above commits a Class E felony, which authorizes imprisonment of no less than one year nor more than six years, and authorizes the jury to assess a fine not to exceed $3, 000. A state government official who, acting with criminal negligence, releases such information may also be subject to ouster, if applicable. This amendment makes confidential and not subject to public inspection t he name of a law enforcement officer who is designated as working undercover during the period of undercover assignment and for a reasonable period thereafter if the law enforcement agency determines that disclosure would present a reasonable risk to the safety of the officer or to the integrity of current or future operations . However, such protection does not apply to training or certification records maintained by the peace officer standards and training commission. This amendment clarifies that the bill applies to prohibited conduct occurring on or after July 1, 2026."

Sponsor
Cameron Speaker Sexton
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Actions Timeline
Date Event Detail
2025-06-09 Introduced Bill introduced
2026-03-19 Status in_committee
2026-03-19 Latest Action H. Placed on Regular Calendar for 3/26/2026
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