Tennessee § 39-15-506 - Placement on registry — Fine.

§ 39-15-506. Placement on registry — Fine.

Following a conviction for a violation of § 39-15-502, § 39-15-507(b)-(c), § 39-15-508, § 39-15-510, § 39-15-511, or § 39-15-512, or at the discretion of the court for a conviction of § 39-15-507(d), the clerk of the court shall notify the department of health of the conviction by sending a copy of the judgment in the manner set forth in § 68-11-1003 for inclusion on the registry pursuant to title 68, chapter 11, part 10. Upon receipt of a judgment of conviction for a violation of an offense set out in subdivision (a)(1), the department shall place the person or persons convicted on the registry of persons who have abused, neglected, or financially exploited an elderly or vulnerable adult as provided in § 68-11-1003(c). Upon entry of the information in the registry, the department shall notify the person convicted, at the person's last known mailing address, of the person's inclusion on the registry. The person convicted shall not be entitled or given the opportunity to contest or dispute either the prior hearing conclusions or the content or terms of any criminal disposition, or attempt to refute the factual findings upon which the conclusions and determinations are based. The person convicted may challenge the accuracy of the report that the criminal disposition has occurred, such hearing conclusions were made, or any factual issue related to the correct identity of the person. If the person convicted makes such a challenge within sixty (60) days of notification of inclusion on the registry, the commissioner, or the commissioner's designee, shall afford the person an opportunity for a hearing on the matter that complies with the requirements of due process and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In addition to any other punishment that may be imposed for a violation of § 39-15-502, § 39-15-507, § 39-15-508, § 39-15-510, § 39-15-511, or § 39-15-512, the court shall impose a fine of not less than five hundred dollars ($500) for Class A or Class B misdemeanor convictions, and a fine of not less than one thousand dollars ($1,000) for felony convictions. The fine shall not exceed the maximum fine established for the appropriate offense classification. The person convicted shall pay the fine to the clerk of the court imposing the sentence, who shall transfer it to the district attorney of the judicial district in which the case was prosecuted. The district attorney shall credit the fine to a fund established for the purpose of educating, enforcing, and providing victim services for elderly and vulnerable adult prosecutions. Acts 2017, ch. 466, § 2; 2018, ch. 1050, §§ 3, 4; 2019, ch. 474, §§ 5, 6. Compiler's Notes. Acts 2017, ch. 466, § 1 provided that the act, which enacted this section, shall be known and may be cited as the “Elderly and Vulnerable Adult Protection Act.” Acts 2018, ch. 1050, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Elderly and Vulnerable Adult Protection Act of 2018.” Acts 2018, ch. 1050, § 17 provided that the act, which amended this section, shall apply to acts committed on or after January 1, 2019. Acts 2019, ch. 474, § 1 provided that the act shall be known and may be cited as the “Elderly and Vulnerable Adult Protection Act of 2019.” Amendments. The 2018 amendment, effective January 1, 2019, inserted “§ 39-15-507 (a)-(c), or § 39-15-508 , or at the discretion of the court for a conviction of § 39-15-507 (d),” in (a)(1); and inserted “§ 39-15-507, or § 39-15-508 ,”, “five hundred dollars ($500) for Class A or Class B misdemeanor convictions, and a fine of not less than”, and “for felony convictions” in (b)(1). The 2019 amendment, effective January 1, 2020, substituted “§ 39-15-502 , § 39-15-507(b) -(c), § 39-15-508 , § 39-15-510 , § 39-15-511 , or § 39-15-512 ” for “§ 39-15-502 , § 39-15-507(a) -(c) or § 39-15-508 ” in (a)(1) and substituted “§ 39-15, 502, § 39-15-507 , § 39-15-508, § 39-15-510 , § 39-15-511 , or § 39-15-512 ” for “§ 39-15-502, § 39-15-507 , or § 39-15-508” in the first sentence of (b)(1). Effective Dates. Acts 2018, ch. 1050, § 17. January 1, 2019; provided, that for the purposes of promulgating rules, the act took effect May 21, 2018. Acts 2019, ch. 474, § 18. January 1, 2020; provided that for purposes of promulgating rules, the act took effect May 24, 2019. Cross-References. Penalties for Class A and B misdemeanors, § 40-35-111 .