Tennessee § 40-35-117 - Applicability of chapter.

§ 40-35-117. Applicability of chapter.

All persons who commit crimes on or after November 1, 1989, shall be tried and sentenced under this chapter. Unless prohibited by the United States or Tennessee constitutions, any person sentenced on or after November 1, 1989, for an offense committed between July 1, 1982, and November 1, 1989, shall be sentenced under this chapter. For all persons who committed crimes prior to July 1, 1982, prior law shall apply and remain in full force and effect in every respect, including, but not limited to, sentencing, parole and probation. Acts 1989, ch. 591, § 6. Sentencing Commission Comments. This section provides that all persons who commit crimes on or after November 1, 1989, must be tried and sentenced under the provisions of this chapter. Subsection (b) provides that persons sentenced on or after November 1, 1989, for an offense committed between July 1, 1982 and November 1, 1989, shall be sentenced under the provisions of this chapter. Felony offenses in existence prior to November 1, 1989, are classified in § 40-35-118 . As noted in the comments to that section, the classification of these prior offenses serves two purposes. First, it determines the classification of a felony when a pre-November 1, 1989-conviction is used for enhancement. Second, except for first degree murder, it determines the appropriate classification for sentencing purposes of offenses which occurred prior to November 1, 1989, when the defendant is sentenced after that date. For example, a defendant committing aggravated arson under the provisions of former § 39-3-201 (repealed) is sentenced after November 1, 1989, as a Class A felon with all of the attributes of that classification as set forth under the new chapter. Some offenses which existed prior to November 1, 1989, have been consolidated into new provisions for which the elements are different. Consequently, the classification of prior offenses, with a corresponding felony classification, enables the punishment to be readily ascertained for those offenses which occurred prior to November 1, 1989. The offenses contained in titles other than title 39 have been amended directly by altering the punishment with specified felony or misdemeanor classifications. Since the elements of those offenses have not been changed, the punishment for those offenses can be ascertained by referring directly to the particular statute itself. Subsection (c) provides that crimes committed prior to July 1, 1982 must be tried and sentenced under the law as it existed prior to that date. Offenses that occurred prior to July 1, 1982, were treated under the very different indeterminate jury sentencing structure. Due to the radical change in sentencing procedures, the commission believed that it was appropriate to retain prior law as to those few cases left in that category. Because of the ex post facto provisions of the Tennessee and United States constitutions, a defendant sentenced after November 1, 1989, for an offense committed between July 1, 1982, and November 1, 1989, may not receive a greater punishment than he would have received under the prior law. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Eligibility for parole, § 40-28-115 . Repealed or amended laws, application in prosecution for offense, § 39-11-112 . Sentencing provisions applicable to persons committing crimes prior to July 1, 1982, title 40, ch. 20. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 31.51, 32.80, 32.122.