TBA Law Blog

TBA Law Blog

Legislature Adjourns After Passing Protestors Bill

Posted by: Stacey Shrader Joslin on Aug 13, 2020

Tennessee lawmakers wrapped up a three-day special session yesterday after strengthening penalties against protesters and protecting businesses from COVID-19 related lawsuits, the Tennessean reports. The bill directed at protestors makes it a felony to camp overnight outside the Capitol, cause serious injury to first responders, block emergency vehicles when life or health is at stake, or trespass on the property of an elected official, law enforcement officer or judge with the intent to harass. It also makes it a misdemeanor to spit or throw bodily fluids on first responders. Finally, those who deface state buildings can be ordered to pay restoration or cleaning expenses. Those charged with felonies under the bill must be held for at least 12 hours without bond unless a magistrate certifies in writing that the defendant won't resume the behavior upon release. The final version of the bill does not allow the state attorney general to prosecute cases but allows him to highlight local prosecutors who decline to file charges through an annual report. The Senate passed the bill 26-5 on a mostly party-line vote with only Republican Sen. Steve Dickerson opposing it. The House approved the legislation 71-20. Despite earlier versions deferring the effective date, the bill now will take effect upon becoming law.

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