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2011 [i] (2011)

handle is hein.ssl/sstn0270 and id is 1 raw text is: &tate of nueMee PUBLIC CHAPTER NO. 596 SENATE BILL NO. 1953 By Gardenhire Substituted for: House Bill No. 1686 By Carter, Swann, Keisling, Shipley, Womick, Lynn, Curtis Johnson, Haynes, Marsh, Kane, Hall, Moody, Littleton, Spivey, Matthew Hill, Casada, Ryan Williams, Fitzhugh, Jones, Farmer, Lamberth, Rogers, Faison, Calfee, Durham, Powers, Matheny, Timothy Hill, Alexander, Dean, VanHuss, Ragan, Harry Brooks, Travis, McDaniel, Kevin Brooks, Harrison, Eldridge, Lundberg, McManus, Sargent, Sexton, Hawk, Bailey, Wirgau, Tidwell, Parkinson, Coley, Mark White, Dawn White, Butt, Joe Carr, Camper, Odom, Windle, Evans, Mike Turner, Dale Carr, Halford, Powell, Holt, Miller, Towns, Hardaway AN ACT to amend Tennessee Code Annotated, Title 28, Chapter 3, Part 1 and Title 40, Chapter 35, Part 3, relative to certain civil judgments and restitution orders. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 28-3-110, is amended by designating the existing language as subsection (a) and adding the following new subsections (b) and (c): (b)(1) Notwithstanding the provisions of subsection (a), there is no time within which a judgment or decree of a court of record entered on or after July 1, 2014, must be acted upon in the following circumstances: (A) The judgment is for the injury or death of a person that resulted from the judgment debtor's criminal conduct; and (B) The judgment debtor is convicted of a criminal offense for the conduct that resulted in the injury or death; or (C) The civil judgment is originally an order of restitution converted to a civil judgment pursuant to § 40-35-304. (2)(A) Prior to entry of the judgment, the judge shall make a determination on the record that the plaintiff's injury or death was the result of the defendant's criminal conduct and that the defendant's conduct resulted in a criminal conviction. (B) When entering a civil judgment on or after July 1, 2014, to which this subsection applies, both the trial judge and clerk shall sign and note the existence of the conviction on the judgment document, and the clerk shall also make appropriate docket notations. Such signatures and notations shall be sufficient evidence that the judgment is valid until paid in full or otherwise discharged as authorized by law. (c)(1) Notwithstanding subsection (b), if a person was awarded a judgment meeting the criteria of subdivision (b)(1) but the judgment was entered prior to July 1, 2014, and is still valid as of the date it is presented to the clerk pursuant to this subsection, the statute of limitations on such judgment set out in (a) shall be tolled if the person: (A) Obtains a certified copy of the defendant's judgment of conviction from the clerk of the court in which the conviction occurred showing that the conviction meets the criteria of subdivision (b)(1)(A) and (B); (B) Obtains a certified copy of the person's civil judgment that was based on the defendant's criminal conduct; (C) Completes, under penalty of perjury, an affidavit, in substantially the form set out in subsection (d).

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