SB 1937

Present law establishes the Tennessee second look commission, which reviews 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 regardin g whether or not severe child abuse cases are handled in a manner that provides 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 commi ss 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:  Information 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.  Recommendations 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 any case being reviewed by the commission. Additionally, the comm ission 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 exposure 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 a dds 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 ac ts. 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 st rangulation. STATUTORY AND AGGRAVATED STATUTORY RAPE Present law provides that 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 or 14 and the defendant is four to 10 years older, or the victim is 15, 16, or 17 and the defendant is more than five but less than 10 years older. Aggrava ted 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 geog raphical area for a forensic interview and to notify the child protective team of the reported child sexual abuse. ON APRIL 21, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2081, AS AMENDED. AMENDMENT #1 makes the following revisions:  Adds one at large member to the commission with experience advocating for children, appointed by the commission's co-chairs. Such member will serve a four-year term. Following three successive absences by such member from commission meetings, the co-chairs may declare a vacancy and request that a new member be appointed who meets the same criteria.  Removes the provisions summarized in the bill summary under the heading "REQUESTS MADE BY SECOND LOOK COMMISSION.""  Removes the provisions summarized in the bill summary under the heading ""STATUTORY AND AGGRAVATED STATUTORY RAPE.""  Moves the commission's annual report due date from January 1 each year to July 1 each year beginning July 1, 2027.  If a child who is younger than one is found to be dependent and neglected and has been diagnosed by a licensed physician with neonatal abstinence syndrome, then this amendment authorizes the court to order the child's parent, guardian, or other custodian to (i) submit to the department documentation of compliance with preventative pediatric care consistent with the periodicity schedule of the American Academy of Pediatrics until the child turns one; and (ii) submit to drug testing at regular intervals at the parent's, guardian's, or other custodian's expense if there are allegations that such person has engaged in substance misuse. The department may also initiate a visit to ascertain the well-being of the child if the documentation provided contains allegations of abuse or neglect."