Tennessee Code Annotated

Tenn. Code Ann. § 40-35-117 (2026)

Applicability of chapter

✓ current as of May 2026

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(a) All persons who commit crimes on or after November 1, 1989, shall be tried and sentenced under this chapter.

(b) 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.

(c) 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.

Notes of Decisions

Cited in 121 cases (4 in the last 5 years), 1990–2022 · leading case: State v. Hutchison, 898 S.W.2d 161 (Tenn. 1994).

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State v. Hutchison, 898 S.W.2d 161 (Tenn. 1994). · cites it 20× “T.C.A. § 40-35-117, enacted as Chapter 591, § 6, Public Acts 1989, (part of the Criminal Sentencing Reform Act of 1989), provides in subsection (b) for the sentencing of persons for offenses committed between 1 July 1982 and 1 November 1989.”

State v. Smith, 893 S.W.2d 908 (Tenn. 1994). · cites it 10× “The State further argues that T.C.A. § 40-35-117 does not govern the issue of whether the changes in the capital sentencing statute apply to those persons who committed their offense prior to November 1, 1989, but were sentenced after that date.”

State v. Brimmer, 876 S.W.2d 75 (Tenn. 1994). · cites it 10× “) T.C.A. § 40-35-117, enacted as Ch. 591, § 6, Pub.”

Danny A. Stewart v. Derrick D. Schofield, Comm'r, Tennessee Dep't of Corr., 368 S.W.3d 457 (Tenn. 2012). · cites it 6× “”), 40-35-501(a)(l) (“A felony sentence to the department of correction or to a local jail or workhouse shall be served according to [the 1989 Act]”); see generally Cantrell v.”

State v. Turner, 919 S.W.2d 346 (Tenn. Crim. App. 1995). · cites it 5× “He asserts that the exclusion contained in Tenn.Code Ann. § 40-35-117(c) is unconstitutional.”

State v. Martin, 146 S.W.3d 64 (Tenn. Crim. App. 2004). · cites it 12× “§ 40-35-104(a) (providing that defendants convicted of a felony or misdemeanor "shall be sentenced in accordance with this chapter"); T.C.A. § 40-35-117(a) (providing that defendants who commit crimes "on or after November 1, 1989, shall be tried and sentenced under the…”

State v. Goodwin, 909 S.W.2d 35 (Tenn. Crim. App. 1995). · cites it 6× “The trial court was able to sentence the Defendant under the new sentencing act because, Tennessee Code Annotated section 40-35-117 states, “Unless prohibited by the United States or Tennessee constitution, any person sentenced on or after November 1,1989, for an offense…”

State v. Ashby, 823 S.W.2d 166 (Tenn. 1991). · cites it 2× “T.C.A. § 40-35-117(b). De novo review with a presumption of correctness, mandated by T.”

State v. Fletcher, 805 S.W.2d 785 (Tenn. Crim. App. 1991). · cites it 2× “T.C.A. § 40-35-117(b). In this regard, the trial court treated the offenses as Class C felonies.”

State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995). · cites it 2× “Tenn.Code Ann. § 40-35-117 (1990). The procedure was summarized in State v.”

State v. Dykes, 803 S.W.2d 250 (Tenn. Crim. App. 1990). · cites it 2× “See Tenn.Code Ann. § 40-35-117(b) (Supp. 1989).”

State v. Davis, 825 S.W.2d 109 (Tenn. Crim. App. 1991). · cites it 5× “The part of the statute relied upon by the state provides: “Except as provided under the provisions of § 40-35-117, in the event the subsequent act provides for a lesser penalty, any punishment shall be in accordance with the subsequent act.”

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— Tenn. Code Ann. § 40-35-117(a) — 4 cases

Danny A. Stewart v. Derrick D. Schofield, Comm'r, Tennessee Dep't of Corr., 368 S.W.3d 457 (Tenn. 2012). “”), 40-35-501(a)(l) (“A felony sentence to the department of correction or to a local jail or workhouse shall be served according to [the 1989 Act]”); see generally Cantrell v.”

State v. Palmer, 902 S.W.2d 391 (Tenn. 1995).

State v. Martin, 146 S.W.3d 64 (Tenn. Crim. App. 2004). “§ 40-35-104(a) (providing that defendants convicted of a felony or misdemeanor "shall be sentenced in accordance with this chapter"); T.C.A. § 40-35-117(a) (providing that defendants who commit crimes "on or after November 1, 1989, shall be tried and sentenced under the…”

State of Tennessee v. Mario Johnson (Tenn. Crim. App. 2020).

— Tenn. Code Ann. § 40-35-117(b) — 34 cases

State v. Hutchison, 898 S.W.2d 161 (Tenn. 1994). “T.C.A. § 40-35-117, enacted as Chapter 591, § 6, Public Acts 1989, (part of the Criminal Sentencing Reform Act of 1989), provides in subsection (b) for the sentencing of persons for offenses committed between 1 July 1982 and 1 November 1989.”

State v. Smith, 893 S.W.2d 908 (Tenn. 1994). “The State further argues that T.C.A. § 40-35-117 does not govern the issue of whether the changes in the capital sentencing statute apply to those persons who committed their offense prior to November 1, 1989, but were sentenced after that date.”

State v. Ashby, 823 S.W.2d 166 (Tenn. 1991). “T.C.A. § 40-35-117(b). De novo review with a presumption of correctness, mandated by T.”

State v. Fletcher, 805 S.W.2d 785 (Tenn. Crim. App. 1991). “T.C.A. § 40-35-117(b). In this regard, the trial court treated the offenses as Class C felonies.”

State v. Dykes, 803 S.W.2d 250 (Tenn. Crim. App. 1990). “See Tenn.Code Ann. § 40-35-117(b) (Supp. 1989).”

— Tenn. Code Ann. § 40-35-117(c) — 12 cases

State v. Turner, 919 S.W.2d 346 (Tenn. Crim. App. 1995). “He asserts that the exclusion contained in Tenn.Code Ann. § 40-35-117(c) is unconstitutional.”

State v. Jefferson, 938 S.W.2d 1 (Tenn. Crim. App. 1996).

State v. Burris, 950 S.W.2d 42 (Tenn. Crim. App. 1996).

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