Assault on law enforcement officer is now a Class E felony

House Bill 1881 enacts the "Back the Blue Act," which increases the penalty for assault against a law enforcement officer from a Class A misdemeanor with a mandatory minimum 30-day sentence and $5,000 fine to a Class E felony with a mandatory minimum 60-day sentence and $10,000 fine. - Amends TCA Title 39 and Title 40.

This bill increases from a Class A misdemeanor to a Class E felony an assault against a law enforcement officer. A Class A misdemeanor is punishable by a maximum term of imprisonment of 11 months, 29 days, a maximum fine of $2,500, or both, unless otherwise provided by statute. Generally, a Class E felony is punishable by a term of imprisonment not less than one year nor more than six years; however, this bill requires a mandatory minimum sentence of 60 days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire 60-day mandatory minimum sentence. Additionally, generally, a jury may assess a maximum fine of $3,000 for a Class E felony; however, this bill mandates a fine of $10,000.

This bill redefines first responder to mean a firefighter, emergency services personnel, or other person who responds to calls for emergency assistance from a 911 call, but does not include a law enforcement officer.

Additionally, this bill defines law enforcement officer to include a POST-certified law enforcement officer, capitol police officer, Tennessee highway patrol officer, Tennessee bureau of investigation agent, Tennessee wildlife resources agency officer, deputy jailer, or park ranger employed by the division of parks and recreation in the department of environment and conservation.

ON APRIL 22, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1881, AS AMENDED.

AMENDMENT #1 names the bill the "Back the Blue Act."