Public Chapter 506

HOUSE BILL NO. 1733

By Representative Sands

Substituted for: Senate Bill No. 1784

By Senator Jordan

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 35, Part 3, relative to probation.

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

SECTION 1. Tennessee Code Annotated, Section 40-35-311(b), is amended by deleting the subsection in its entirety and substituting instead the following:

(b) Whenever any person is arrested for the violation of probation and suspension of sentence, the trial judge granting such probation and suspension of sentence, his successor, or any judge of equal jurisdiction who is requested by such granting trial judge to do so shall, at the earliest practicable time, inquire into the charges and determine whether or not a violation has occurred, and at such inquiry, the defendant must be present and is entitled to be represented by counsel and has the right to introduce testimony in his behalf thereon.

SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.