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SB 1724

Tennessee - Session 114

Senate passed_upper 2026-03-19
Bill Details

Title: AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 8; Title 29; Title 40 and Title 41, relative to arrestees.

Summary

This bill allows a jailer to refuse to accept into the jail an arrestee if the arrestee requires medical attention and has been arrested for a misdemeanor that does not constitute a crime against a person. If the jailer refuses to accept an arrestee pur suant to this provision, the arresting agency must have the arrestee evaluated by a healthcare provider. If the provider releases the arrestee and specifies that the arrestee no longer requires medical attention or is medically able to be confined to a j ai l, then the jailer must accept the arrestee into the jail. Further, this bill clarifies that a jailer refusing an arrestee pursuant to these provisions is not in contempt of court. ON MARCH 19, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1815, AS AMENDED. AMENDMENT #1 rewrites the bill, to instead, authorize a sheriff, jail administrator, or deputy jailer to refuse or delay acceptance into the jail an arrestee if the arrestee has not received medical treatment for obvious serious physical injuries or conditions of an emergency nature. Upon refusal or delay , t he sheriff, jail administrator, or deputy jailer must document the factual basis for the determination , and i t is the responsibility of the arresting law enforcement agency to obtain medical attention for the arrestee prior to delivery to the jail. This amendment requires, u pon medical release by the healthcare facility or healthcare provider, the sheriff, jail administrator, or deputy jailer to assume custody of the individual when presented at the jail. The arresting agency must provide the jail with the medical release or discharge documentation from the healthcare provider or healthcare facility. This amendment also authorizes the sheriff, jail administrator, or deputy jailer to accept an arrestee into custody who appears to be in need of medical attention and who refuses medical examination or medical attention. The sheriff, jail administrator, or deputy jailer is immune from civil and criminal liability for accepting such arr estees into custody.

Sponsor
Tom Hatcher
Official Source Back to Bills
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Actions Timeline
Date Event Detail
2026-01-15 Introduced Bill introduced
2026-03-19 Status passed_upper
2026-03-19 Latest Action Engrossed; ready for transmission to Sen.
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