CHAPTER NO. 712

SENATE BILL NO. 1283

By Burks, Williams, Kurita, Crowe, Springer

Substituted for: House Bill No. 1764

By Windle, Goins, John DeBerry, Ulysses Jones

AN ACT To amend Tennessee Code Annotated, Title 39, Chapter 13, Part 2, relative to sentencing for murder.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 39-13-204(i), is amended by deleting subdivision (14) and by substituting instead the following:

(14) The victim of the murder was seventy (70) years of age or older; or the victim of the murder was particularly vulnerable due to a significant handicap or significant disability, whether mental or physical, and at the time of the murder the defendant knew or reasonably should have known of such handicap or disability.

SECTION 2. The aggravating circumstance added by Section 1 of this act shall be known as "Lottie's Law".

SECTION 3. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.

SECTION 4. This act shall take effect July 1, 1998, the public welfare requiring it.

PASSED:

March 30, 1998

APPROVED this

8th

day of

1998