Judiciary Committee advances legislation to expand permitless carry law

(NASHVILLE) March 24, 2023 –  The Senate Judiciary Committee voted to strengthen 2nd Amendment rights of Tennesseans this week and approved Senate Bill 1503 to lower the age to legally carry a handgun without a permit in the state from 21 to 18.  The measure also lowers the age from 21 to 18 to obtain an enhanced or lifetime enhanced handgun carry permit.

The legislation is part of an effort to ensure Tennessee’s gun laws are consistent with the recent United States Supreme Court Case, New York State Rifle v. Bruen (2022).

“In Bruen, the Court was clear that the constitutional right to bear arms is a right that pre-exists our nation,” said bill sponsor Sen. John Stevens (R-Huntingdon). “The right of self-defense is not a right granted by government. It was given to us by our Creator. The Founders preserved that right in the Second Amendment.”

The bill now advances to the Senate Finance, Ways and Means Committee.

Legislation strengthens Tennessee’s laws protecting mothers and the unborn  

The Senate Judiciary Committee advanced pro-life legislation to strengthen Tennessee’s laws protecting pregnant women and the unborn. The bill clarifies that doctors should protect the life of a mother when a nonviable pregnancy endangers her life.

Senate Bill 745, sponsored by Sen. Richard Briggs (R-Knoxville), ensures that elective abortions will remain illegal in Tennessee, while clarifying for doctors that terminating a nonviable and life-threatening pregnancy, such as an ectopic or molar pregnancy, is not an abortion. It allows providers to use reasonable medical judgment to determine if a life-saving abortion is necessary.

Tennessee’s current abortion law provides a doctor charged with criminal abortion an affirmative defense for treatment that preserves the life of the mother. Under this exception, if a doctor is charged or prosecuted for performing an abortion, the physician can avoid conviction by proving that, in their good faith medical judgment, the abortion was necessary to prevent the death or irreversible impairment of the pregnant woman. Physicians have raised concerns that the current affirmative defense exception does not adequately protect a doctor who performs a life-saving abortion because it subjects that doctor to criminal prosecution to justify the abortion.

The narrowly tailored bill removes the affirmative defense and replaces it with a strictly-defined exception for life-threatening situations. These changes will make the law less vulnerable to possible court challenges while keeping the original intent of the law intact.

Tennessee Republican lawmakers have made it clear that they are committed to prohibiting abortion on demand in the state.  This bill protects the lives of the unborn as well as the lives of pregnant women experiencing an unfortunate, life-threatening medical emergency.

Proposal establishes Tennessee Juvenile Justice Review Commission

Legislation aimed at finding new solutions for juvenile justice issues in Tennessee advanced out of the Senate Government Operations Committee with a positive recommendation this week. Senate Bill 609 sponsored by Senator Ed Jackson (R-Jackson) would create the Juvenile Justice Review Commission under DCS and the Tennessee Commission on Children and Youth (TCCY) that would be modeled after the Second Look Commission, which reviews severe child abuse cases. The legislation limits the cases to be reviewed by the commission to those involving delinquent adjudications rather than unruly offenses, which fall under social services purview.

“The Juvenile Justice Review Commission will help some of these juveniles that have fallen through the cracks,” said Jackson. “The Commission will also provide the General Assembly with recommendations as to how we can better support delinquent youth in our state.”

If approved, the 15-member commission would meet at least quarterly and would be required to provide the General Assembly with findings and legislative recommendations in an annual report beginning in 2024. The legislation was among multiple recommendations that were made earlier this year by the General Assembly’s Joint Ad Hoc Committee on Juvenile Justice.

Senate Bill 609 now advances to the Senate Judiciary Committee.

Holding violent criminals accountable for their offenses

Two bills advanced out of the Judiciary Committee this week that were a result of the Joint Ad Hoc Committee to Review the Adequacy of the Supervision, Investigation and Release of Criminal Defendants, appointed by the Senate and House speakers in fall 2022. The Committee was formed in response to high profile murders that took place in Memphis last year, which were committed by offenders who had been released early from previous prison sentences. In September 2022, Cleotha Abston Henderson was charged with the kidnapping, rape and murder of Eliza Fletcher – a Memphis school teacher and mother. Henderson had been sentenced to 24 years in prison for previous offenses, but was released four years early despite 54 write-ups and no participation in any programs while incarcerated. If Henderson had not been released early, he would have been behind bars on the day he murdered Eliza Fletcher.

The Ad Hoc Committee made various legislative recommendations to keep dangerous and violent criminals behind bars to protect public safety.

To ensure that sentencing credits are only provided to criminal offenders who have earned the credits with good behavior, the Judiciary Committee approved Senate Bill 806 this week. The legislation sponsored by Sen. Ed Jackson (R-Jackson) requires an offender in custody of the Department of Correction to complete an evidence-based risk and needs assessment and participate in programs recommended by the assessment in order to be eligible for sentencing credits. The assessment will be conducted by counselors to determine an offender’s risk of reoffending and identify appropriate rehabilitative efforts and case management plans. The bill incentivizes participation in risk reduction programming and ensures that offenders earn their sentence reduction credits.

The Judiciary Committee also passed legislation to ensure that all correctional facilities in the state are required to timely report inmates who commit violent or sexual offenses while incarcerated. Senate Bill 1056, also sponsored by Jackson, ensures inmates are accountable for violent offenses. It requires prison wardens or chief administrators to timely report those offenses to the local District Attorney within five business days, so that the crime can be prosecuted. The bill codifies the current Department of Corrections’ process for internally investigating issues within their correctional facilities and sharing that information with the local District Attorney. It also creates a Class A misdemeanor for a warden or chief administrator who fails to meet the reporting requirement.

This bill permits a judge to sentence an offender convicted of a crime committed in prison to serve the sentence consecutively, so their new sentence would not begin until their current sentence has been completed.

The legislation is a result of testimony in the Ad Hoc Committee from the District Attorneys General Conference expressing their concerns with inconsistent reporting among correctional facilities of criminal offenses to law enforcement.

Adding “In God We Trust” to the state seal — Sponsored by Senator Rusty Crowe (R-Johnson City), Senate Bill 420 seeks to add the words “In God We Trust” to the Tennessee state seal. The bill asks the governor, who is the keeper of the seal, to direct the secretary of state to redesign the state seal. The Senate and House would then have to pass a resolution approving of the new design, which would include both Tennessee’s state motto of “Commerce and Agriculture” as well as the nation’s motto of “In God We Trust.”

In 1956, President Dwight D. Eisenhower signed into law “In God We Trust” as the nation’s official motto and mandated that it be printed on all American currency, denoting America’s economic and political prosperity is in God’s hands.

Protecting firearm and ammunition manufacturers – The Judiciary Committee advanced legislation to provide civil liability protection to firearm and ammunition manufacturers to prevent them from being held responsible for illegal acts carried out by criminals using their products. In 2005, the Federal Protection of Lawful Commerce and Arms Act was passed with the intent to protect firearms and ammunition manufacturers from frivolous claims. However, these types of lawsuits have been allowed in state courts, and Senate Bill 822 sponsored by Sen. Joey Hensley (R-Hohenwald) ensures those lawsuits never happen in Tennessee. However, the bill does maintain citizens’ ability to file legitimate claims against bad actors.

According to the Tennessee Department of Economic and Community Development, Tennessee is #1 in the nation for employment in the firearms industry with nearly 8,000 jobs and a $1.1 billion impact to the state’s economy. This legislation will help protect the 20 firearm and ammunition manufacturers in the state and the Tennesseans they employ.

“Having the right to bear arms is meaningless if no one is willing to make those arms,” said Hensley. “This bill will help secure our rights by protecting gun manufacturers from civil liability in Tennessee.”

Keeping inappropriate material out of public schools – In an effort to prevent inappropriate or obscene materials from entering a K-12 public school, the Judiciary Committee passed legislation to create a Class E felony offense for book publishers, distributors, or sellers that knowingly sell or distribute obscene material to a public school. Last year, the General Assembly passed several bills aimed at removing and blocking obscene or inappropriate materials on school computers and in school classrooms and libraries. Senate Bill 1059 sponsored by Sen. Hensley builds on those efforts.

Strengthening Strangulation Sentencing- Senate Majority Leader Jack Johnson (R-Franklin) is sponsoring Senate Bill 213 which seeks to increase penalties for strangulation charges. The bill clarifies that if a victim loses consciousness, the assailant can be prosecuted for attempted first or second degree murder and further adds that if a victim was pregnant at the time of the attack, the offender will be charged with aggravated assault involving strangulation, resulting in a Class B felony. If domestic violence is suspected, a defendant must also take part in evidence-based programming for domestic violence. Finally, criminals who have been charged with assault or aggravated assault involving a first responder may not be released on their own recognizance; the defendant must post bail. This bill will help law enforcement keep criminals behind bars and also protect victims of abuse. The measure was passed by the Judiciary Committee this week and advances to the Senate floor for final consideration.

Disincentivizing escapes at youth development centers – The Senate passed legislation to increase penalties for juveniles in youth development centers who try to escape. Senate Bill 611, sponsored by Senator Page Walley (R-Savannah) allows courts to charge juvenile escapees who are at least 16 years old as an adult and possibly move the juvenile to a Tennessee Department of Corrections facility. Under the bill, the juvenile would only be charged as an adult for the crime of escaping. The legislation is a result of recommendations from the General Assembly’s Joint Ad Hoc Committee on Juvenile Justice, which was co-chaired by Walley.

Psychiatric evaluations for juveniles convicted of animal cruelty – Sen. Walley passed another bill, Senate Bill 183, this week through the Senate which requires a mental health evaluation and potentially court-ordered psychiatric treatment for juveniles convicted of aggravated cruelty to animals. Juveniles who are extremely cruel to animals can be more prone to commit further criminal activity, including homicide, as they become adults.

Stiffening penalties for rape and incest of a minor – The Senate voted to increase jail time for criminals convicted of rape or incest of a minor. Senate Bill 1219, sponsored by Senator Dawn White (R-Murfreesboro), will ensure criminals convicted of rape of a minor will be punished no less than a Range II, or repeat, offender for the Class B felony. Additionally, the legislation raises the penalty for incest with a minor from a Class C to a Class B felony and also requires the criminal to be punished no less than a Range II offender. A Range II offense for a Class B felony is punishable by 12 to 20 years in prison. Comparatively, a Range I offense for a Class B felony is punishable by eight to 12 years in prison.

Compensation for funeral costs for criminal injuries – The Senate passed Senate Bill 1195, also by Lundberg, to expand the list of relatives eligible to be reimbursed for funeral or burial costs for criminal injuries in the event of a victim’s death. The bill adds an aunt, uncle, cousin or blood relative to the list of people who may be compensated for non-reimbursable or unreimbursed funeral or burial expenses.

Protecting parental rights regarding vaccines – The Senate Judiciary Committee approved legislation to prohibit a healthcare provider from giving vaccinations to minors without parental consent. Senate Bill 1111, sponsored by Sen. Janice Bowling (R-Tullahoma), is called the Mature Minor Doctrine Clarification Act. During the COVID-19 pandemic, the Department of Health issued a memo to healthcare providers that cited the Mature Minor Doctrine for authority to provide COVID-19 vaccines to minors without parental consent. After Republican lawmakers raised concerns with the newly authorized shots being given to children without parents’ knowledge or consent, the department reversed course. This legislation clarifies that the Mature Minor Doctrine does not allow vaccinations to be given to minors without consent from their parents.

Assessing financial literacy of Tennesseans — A bill that directs the Financial Literacy Commission to conduct a study to gauge the financial literacy of Tennessee students was passed by the Education Committee this week. Outlined in Senate Bill 668, the study would examine financial education programs in the state and survey those programs available in other states. The Financial Literacy Commission will determine the scope of the study, and submit a report on its findings and recommendations to the General Assembly next year. The bill also recognizes April as Financial Literacy Month to promote financial literacy and help educate Tennesseans on the importance of personal finance. The bill is sponsored by Senator Shane Reeves (R-Murfreesboro).

The study is intended to be a first step to reversing the following statistics: one in eight Tennesseans have student loan debt, the average Tennessean holds more than $83,000 in debt and Tennessee ranks fifth in the nation for personal bankruptcy.

Alleviating the shortage of CTE teachers — Sponsored by Senator Kerry Roberts (R-Springfield), Senate Bill 1438 establishes a scholarship to help address the shortage of career and technical education (CTE) teachers in Tennessee high schools. The scholarship covers the cost of those educators obtaining their teaching license, and applicants have to use all other scholarships and grants provided to them before they can use the funds offered by the program. Roberts said the fiscal note for the bill is ‘not significant’ because the funds have already been appropriated, but are not being spent.

Restitution for injury or damage by dog – Legislation passed the Senate this week to require the owner of a dog that has attacked a person or damaged another’s property to pay restitution for all damages. Currently, judges can only fine a dog owner for this offense. Under Senate Bill 1320, sponsored by Senator Paul Bailey (R-Sparta), dog owners would be required to pay restitution if their dog killed another’s chicken, damaged landscaping, or injured a person, to name a few examples.

Expanding local governments’ access to funds — Senate Bill 927, sponsored by Senator Jon Lundberg (R-Bristol), seeks to help county governments afford HIV treatment for those incarcerated in county jails. It allows local governments to access federal funding specifically allocated for HIV treatment. The bill does not create a mandate, rather a pathway for county governments to choose to use federal funding. Senate Bill 791, sponsored by Senator Rusty Crowe (R- Johnson City), adds emergency services to the list of services for which local governments can use sports betting revenue.

Enhancing transparency of business transactions with the state — The Commerce Committee this week passed a bill by Senator Frank Niceley (R-Strawberry Plains) that would enhance transparency of business transactions with the state. Senate Bill 1284 requires domestic and foreign corporations, limited liability partnerships and other entities to disclose the identity of each incorporator, partner or member of the corporation when doing business with the state, counties or municipalities.

Updating Voting Requirements for Metropolitan Governments – The Senate State and Local Government Committee approved legislation this week that prevents metropolitan governments from requiring supermajority votes on improvements, renovations or the replacement of existing facilities owned by the metropolitan government. Under the bill, a simple majority will suffice. Senate Bill 832, sponsored by Senator Jon Lundberg (R-Bristol), now moves to the Senate floor for final consideration.

Tax relief for disabled veterans – Senate Bill 1367, sponsored by Senator Steve Southerland (R-Morristown), would increase property tax relief that is available to disabled veterans and their spouses in Tennessee. Currently, disabled veterans are reimbursed for property taxes paid on the first $175,000 of their home’s market value. This bill increases the market value threshold to $210,000 starting Jan. 1, 2024. The legislation advanced out of the Senate State and Local Government Committee this week and now moves to the Finance, Ways and Means committee.

Making home renovation projects easier — To make it easier for Tennesseans to complete home renovations amid a challenging economic environment, Senate Bill 1444 raises the cap on projects that require licensed contractors from $25,000 to $50,000. The cap applies to 87 of Tennessee’s 95 counties and hasn’t been adjusted since 2007. If a project is above the $50,000 threshold, then a general contractor’s license is required. The cap is being raised in response to 40-year high inflation rates and 20-year high mortgage rates, causing many Tennesseans to pursue home remodels rather than sell their homes. The bill is sponsored by Senator Kerry Roberts (R-Springfield) and passed the Commerce and Labor Committee this week.

Protecting consumer’s genetic information — A bill that prevents genetic testing companies from selling consumers’ genetic information without consent was passed by the Commerce and Labor Committee this week. Sponsored by Senator Paul Bailey (R-Sparta), Senate Bill 1295 also requires such companies to provide to consumers information about the company’s data collection, use, access and security practices, among others. The bill prevents companies from disclosing consumers’ genetic data to entities offering health insurance, life insurance, long-term care insurance or an employer of the consumer without consent. Finally, the bill authorizes the division of Consumer Affairs in the Attorney General’s office to enforce the legislation and requires that office to create a system for receiving complaints.

Protecting consumer data on the internet — A bill that provides guardrails and protections for Tennesseans as they use the internet advanced out of the Commerce and Labor Committee this week. Currently, data is unregulated and can be accessed, bought and used unbeknownst to most consumers. Sponsored by Senator Bo Watson (R-Hixson), Senate Bill 73 allows Tennesseans to have control over their personal data and is modeled after legislation passed in Ohio and Virginia. Under the bill, Tennesseans have the right to access, correct and delete their information, as well as the right to opt out and appeal.

Preventing sanctioned countries from buying real estate in Tennessee — Sponsored by Senator Frank Niceley (R-Strawberry Plains), Senate Bill 122 prevents foreign governments, businesses and non-citizens from countries on the U.S. Department of Treasury’s sanctions list from purchasing or acquiring real estate in Tennessee. There are currently 38 countries on the sanctions list. An amendment also adds China to the list of countries impacted by the bill, which advanced out of the Commerce and Labor Committee this week. It next goes to the Finance, Ways and Means Committee.

Cracking down on unfair service agreements — The Commerce and Labor Committee this week passed the Real Property Records Integrity Act, which prevents service agreements that create a lien and affect the insurability of a property from being filed with the Register of Deeds. If a service agreement is filed with the Register of Deeds office, the bill clarifies it does not create a lien on the property. It ensures that no service agreement, such as a real estate listing agreement, is filed with the Register of Deeds office for the intended purpose of creating a lien and thus creating a cloud on the title of the property. The bill provides civil penalties for anyone that violates provisions in an attempt to prey upon vulnerable homeowners. Senate Bill 368 is sponsored by Senator Frank Niceley (R-Strawberry Plains).

The Overdose Fatality Review Act — To help combat the opioid epidemic, the Health and Welfare Committee advanced  Senate Bill 291, sponsored by Senator Richard Briggs (R-Knoxville). The bill authorizes a county, or multiple counties jointly, to establish a team responsible for examining and understanding the circumstances leading up to a fatal overdose to help inform policy recommendations and resource allocations to prevent future overdoses. The teams will submit an annual report to the Department of Health, and then the department will report all findings to the General Assembly and the Governor. It also requires confidentiality of overdoses to be kept at all times by creating a Class B misdemeanor offense for breaking confidentiality. The bill will help the state better understand how to fight the drug epidemic. The bill advances to the Finance, Ways and Means committee.

Expanding Responsibilities of Graduate Physicians – In Tennessee, there are more students graduating medical school than there are residency positions available, resulting in a surplus of graduate physicians. A graduate physician is a person who has graduated medical school but has been unable to find a residency position. Senate Bill 937, sponsored by Senator Richard Briggs (R-Knoxville), creates a pathway for a graduate physician licensure program, which will allow these physicians to practice medicine in supervised conditions. Allowing these physicians to practice medicine will also help improve access to healthcare in rural areas where there are very few practicing physicians. The bill passed the Health and Welfare Committee this week and advances to the Senate floor for final approval.

Improving outcomes for maternal health — Senate Bill 177, sponsored by Senator Becky Massey (R-Knoxville), seeks to create a pilot program administered by the Division of Tenncare that provides remote maternal health services to expectant women with high risk pregnancies. The program would be available to those in maternal healthcare deserts, where there is no available obstetric care in their county. Most maternal deaths are preventable, and expanding maternal healthcare will help decrease the maternal death rate in Tennessee. The bill passed the Health Committee this week and advances to the Finance, Ways and Means Committee.

Ensuring condominiums are structurally safe — A bill that seeks to ensure condominium buildings are structurally safe and prevent tragedies such as the 2021 condominium collapse outside Miami cleared the Commerce and Labor Committee this week. Sponsored by Senator Shane Reeves (R-Murfreesboro), Senate Bill 863 requires the board of directors of condo associations in Tennessee to conduct a reserve study every five years to assess the condition, structural integrity and needed maintenance of their buildings. The purpose of the study is to inform condo owners of the condition and life expectancy of common elements of the building so they can reserve necessary maintenance and replacement costs. The study will analyze all aspects of the building, including the foundation, load-bearing walls, roof, plumbing, electrical and fire protection systems, among others. Such studies are expected to cost between $2,500 and $4,000 the first time they are completed, with follow-up studies typically costing less.

Expanding paid leave for teachers who have been victimized on the job — A bill that expands paid leave for teachers who were assaulted on the job from three months to up to a year passed the Education Committee this week. Sponsored by Senator Frank Niceley (R-Strawberry Plains), Senate Bill 906 would pay teachers who are unable to return to the classroom due to injury their full salary and full benefits.

Expanding opportunities for students to test out of courses — The Education Committee this week passed Senate Bill 838, which would allow gifted high school students to test out of up to four courses throughout their high school career. The bill is sponsored by Senator Dawn White (R-Murfreesboro).  

Establishing Juneteenth as a State Holiday – This week, the Senate voted on Senate Bill 269 which establishes June 19 as a paid state holiday to commemorate the emancipation of all enslaved African Americans. On June 19, 1865, the news that the Civil War was over and all slaves were free finally reached Galveston, TX. This was two and a half years after Lincoln issued the Emancipation Proclamation and over two months after the end of the Civil War. Since Texas was isolated geographically and strategically, it was the last territory to receive the news.

Luxury Commercial Passenger Buses in Tennessee – To strengthen the tourism industry in the state, Senate Bill 993 will allow luxury motor coaches to sell liquor by the drink for intercity travel of no less than 100 miles. The bill passed the State and Local Government Committee and advances to the Senate floor for final consideration. Currently, there is only one company that meets the requirements to be a luxury motor coach with a beverage service component. This company operates on a BYOB model and can only carry passengers from Nashville to Atlanta.

Protecting foster children from abusive parents – This week, the Judiciary Committee approved legislation to help further protect foster children from abusive parents. Senate Bill 657, sponsored by Senator Ed Jackson (R-Jackson), would make it a Class C misdemeanor for the first time a foster parent in a kinship placement allows a child to visit a parent despite a court order prohibiting the contact. The fine for first-time offenses would be $50. Subsequent violations would result in a Class B misdemeanor punishable by up to six months in jail and a $500 fine. There are approximately 121 children in Tennessee who are currently in kinship foster care and have a visitation restriction in place against their parents, according to information from the Department of Children’s Services. The bill advances to the Senate floor for final approval.

Creating offense for parenting fraud – The Senate passed legislation to establish a Class A misdemeanor for the offense of parentage fraud, which is defined as an attempt to legally establish oneself as the biological parent of a child in order to deprive the child of property or prevent the actual biological parents from exercising their parental rights. The offense also applies to someone who knows they are not a biological parent but attempts to establish themselves as one anyway. Senate Bill 331 is sponsored by Sen. Jon Lundberg (R-Bristol) and is moving through committees in the House of Representatives.

Protecting senior citizens from stalkers– Senate Bill 1129, sponsored by Senator Ed Jackson (R-Jackson), would expand aggravated stalking offenses to include anyone who stalks a person 65 years of age or older and is at least 15 years younger than the victim. If approved, the change would increase the punishment from a Class A misdemeanor to a Class E felony, punishable by up to six years in prison and a $3,000 fine. The bill passed the Judiciary Committee this week and moves to the Finance, Ways, and Means committee.

Previously covered bills that have passed the Senate floor- 

• Senate Bill 276, co-sponsored by Senator Ken Yager (R-Kingston), will provide state employees with 12 weeks of paid parental leave for the birth or adoption of a child and change additional provisions concerning paid sick and annual leave.
• Senate Bill 273, the Transportation Modernization Act, also passed the Senate and will provide over $300 million in aid to rural counties and provide many transportation upgrades across Tennessee, decreasing travel time for all citizens.