SB 2405

ON APRIL 21, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2157, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, create a Tennessee safe initiative task force ("task force""), which is administratively attached to the Tennessee bureau of investigation (""TBI""). The task force must determine when criminal activity in a part icular jurisdiction is so prevalent as to endanger public safety and require additional law enforcement operations. TASK FORCE MEMBERS, TERMS, AND VACANCIES This amendment provides that the task force is comprised of eight voting members, as follows: • The director of the TBI, who is chair of the task force • The commissioner of safety • One district attorney general, to be appointed by the district attorneys general conference • One sheriff, to be appointed by the Tennessee Sheriffs' Association • One chief of police, to be appointed by the Tennessee Association of Chiefs of Police • One district attorney general, to be appointed jointly by the speaker of the house of representatives and the lieutenant governor • One sheriff, to be appointed by the speaker of the house of representatives • One chief of police, to be appointed by the lieutenant governor This amendment provides that the members serve staggered terms as outlined in the amendment. Following the expiration of the initial terms, all appointments to the task force are for terms of three years, beginning on July 1 and terminating on June 30 e very three years. Aside from the TBI director and the commissioner of safety, all other members must be (i) appointed by July 1, 2026; (ii) serve until the expiration of the terms to which they were appointed and until their successors are duly appointed a nd qualified; and (iii) are eligible for reappointment to the task force following the expiration of their terms. Vacancies are filled in the same manner that original appointments are made. MEETINGS This amendment requires the chair of the task force to call the meetings. The task force must meet at least quarterly and, upon the request of at least three members, may hold additional meetings. Members may attend meetings electronically. A meeting of the task force must not commence or continue in the absence of a quorum. A quorum is a majority of the members to which the task force is entitled. The members serve without compensation. ADDITIONAL LAW ENFORCEMENT OPERATIONS At least one week prior to a task force meeting, this amendment authorizes a member of the task force, including the chair, to notify the members that the member intends to initiate a motion to request that the TBI provide additional law enforcement operations from the Tennessee safe initiative within a specific jurisdiction. The task force must no tify the district attorney general and chief officer of any law enforcement agency within the jurisdiction of the motion. At the task force meeting, such district attorney general and chief officer may address the task force and provide evidence as to wh et her additional law enforcement operations are appropriate. If a majority of the members of the task force who are entitled to vote request law enforcement operations, then the TBI director may provide the requested law enforcement operations from the Ten nessee safe initiative. This amendment authorizes a sheriff, chief of police, or district attorney general to submit to the task force a written request that the TBI provide additional law enforcement operations from the Tennessee safe initiative within the official's specific jurisdiction. The task force must notify the sheriff, chief of police, and district attorney general within the district who did not submit the request, if any, of the request. The task force is not required to vote on such a request. However, the TBI di rector may provide the requested law enforcement operations. This amendment authorizes TBI's Tennessee safe initiative investigators to make investigations as requested by the task force in connection with any matters pertaining to any of the following: • Commission of an offense under state law against a person • Commission of an offense with a weapon when prohibited by state law • Criminal gang activities. Such ""criminal gang activities"" is criminal gang offenses committed by a criminal gang member and other unlawful activities of members of a criminal gang. Prior to initiating Tennessee safe initiative operations, this amendment requires the TBI director to notify the district attorney general and the chief officer of any law enforcement agency within the jurisdiction of the operations and the date on which the operations will commence. At any meeting of the task force that occurs while such authorized law enforcement operation is ongoing, this amendment requires (i) the director to present to the task force information on the number of arrests and criminal charges resulting from the op erations; and (ii) the district attorney general for the judicial district in which such operation is ongoing to submit information on the disposition of any criminal charges that were filed as a result of the operations. MEMPHIS SAFE TASK FORCE In addition to the authority established above, this amendment authorizes TBI's Tennessee safe initiative investigators, without a request from a sheriff, chief of police, district attorney general, or task force, to make investigations in any judicial d istrict in which the Memphis safe task force is in effect in connection with any matters pertaining to any of the following: • Commission of an offense against a person under state law • Commission of an offense with a weapon when prohibited by state law • Criminal gang activities. For purposes of this bill, the ""Memphis safe task force"" is a federal task force operating with the objective of ending street and violent crime in Memphis to the greatest possible extent through the promotion and facilitation of hypervigilant policing, aggressive prosecution, complex investigations, financial enforcement, and large-scale saturation of besieged neighborhoods with law enforcement personnel, while coordinating closely with state and local officials. This amendment provides that such authority continues until the majority of the members to which the Tennessee safe initiative task force is entitled vote to rescind the authority. The TBI director must provide law enforcement operations until a majorit y of the members vote to rescind the authority. Prior to initiating such operations, this amendment requires the TBI director to notify the district attorney general and the chief officer of any law enforcement agency within the jurisdiction of the operations and the date on which the operations will commence. Additionally, at any meeting of the task force that occurs while such an authorized operation is ongoing, (i) the director must present to the task force information on the number of arrests and criminal charges resulting from the operations; a nd (ii) the district attorney general for the judicial district in which an authorized law enforcement operation is ongoing must submit to the task force information on the disposition of any criminal charges that were filed as a result of the operations. TBI-INITIATED AGREEMENTS As part of the Tennessee safe initiative, this amendment authorizes TBI to enter into agreements with other bureaus, agencies, departments, or task forces charged with the enforcement of criminal law within this state or of other states or of the United S tates for the exchange or temporary assignment of agents for special assignments and performance of specific duties. The TBI director may assign agents of the bureau to duty assignments for law enforcement operations authorized by provisions summarized a bo ve and request and accept agents from other bureaus, agencies, departments, or task forces for duty assignments for such operations. TERMINATION This amendment's provisions terminate on July 1, 2029. ON APRIL 22, 2026, THE SENATE SUBSTITUTED HOUSE BILL 2157 FOR SENATE BILL 2405, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 2157, AS AMENDED. AMENDMENT #2 makes the following revisions:  Under the heading "" ADDITIONAL LAW ENFORCEMENT OPERATIONS, changes from permissive to mandatory that if a majority of the members of the task force entitled to vote request law enforcement operations, then the TBI director must provide the requested law enforcement operations from the Tennessee safe initiative.  Removes that Tennessee safe initiative investigators are authorized to make investigations as requested by the task force in connection with matters pertaining to the commission of an offense with a weapon.  Clarifies that Tennessee safe initiative investigators are not prohibited from investigating criminal activity beyond what is specifically authorized by AMENDMENT #1 and this amendment, which is the commission of an offense under state law against a person or criminal gang activities, if the criminal activity is discovered in furtherance of an authorized investigation. Additionally, other law enforcement agencies are not prohibited from investigating such crimes.  Clarifies that the Tennessee safe initiative investigators ' authority to investigate activities listed in the preceding paragraph continues until the majority of the members of the Tennessee safe initiative task force entitled to vote rescind the authority regardless of whether the Memphis safe task force has concluded operations.  Clarifies that, regardless of whether as part of the Tennessee safe initiative or not, the TBI may enter into agreements with other bureaus, agencies, departments, or task forces charged with the enforcement of criminal law within this state or other states or of the United States for the exchange or temporary assignment of agents for special assignments and performance of specific duties.  Clarifies that all of the provisions described in AMENDMENT #1 and this amendment, except the provisions described under the heading "" TBI-INITIATED AGREEMENTS, terminate on July 1, 2029.  Provides it is the intent of the general assembly that any agents hired by the TBI to carry out the Tennessee safe initiative must continue to be employed by the TBI and carry out the Tennessee safe initiative following such termination. EXECUTIVE SESSIONS Additionally, this amendment authorizes the task force to enter into executive session upon a majority vote of the members present. The task force is not required to provide public notice of an executive session. Executive session may be held solely for the purpose of considering matters that are confidential and law enforcement sensitive . This amendment prohibits t he task force from taking a final action, vote, or official decision while in executive session. Any action resulting from discussions held in executive session must occur in an open meeting. T he task force must maintain confidential minutes or records of executive sessions, which are confidential and not subject to public disclosure except upon order of a court of competent jurisdiction. A task force member, staff, or other individual present during an executive session must m aintain the confidentiality of all matters discussed therein, and unauthorized disclosure is grounds for removal and may be subject to applicable criminal penalties under state law. This amendment authorizes t he task force to consult with law enforcement agencies, prosecutors, or intelligence analysts during executive session as necessary to carry out its duties ."