TBA Law Blog


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Posted by: Julia Wilburn on Jun 26, 2025

Several new state laws will take effect on July 1 that cover public safety, youth protections, health care, consumer rights and transportation, with several designed to address evolving concerns around substance abuse, road safety and emerging technologies. House Bill 995 expands Tennessee’s good Samaritan Law to offer legal immunity from certain alcohol-related misdemeanors — including underage drinking and public intoxication — for those who call 911 or assist someone in need. House Bill 72 imposes mandatory jail time and fines on anyone convicted of selling hemp-derived cannabinoid products — like THC gummies — to individuals under 21. Similarly, House Bill 751 increases penalties for exposing children to fentanyl, creating a felony offense for endangering a child in such a way. If the child is younger than 8 years old, the offense is upgraded to a Class B felony. The Tennessee Ledger looks at all the upcoming changes.

Posted by: Julia Wilburn on Jun 24, 2025

A federal lawsuit has been filed challenging a new Tennessee law that criminalizes “harboring” undocumented immigrants. The Nashville Banner reports that the suit argues that the law, set to take effect July 1, is unconstitutionally vague, violates religious freedoms and infringes on federal immigration authority, potentially criminalizing landlords, families, churches and nonprofits for common acts of housing or helping undocumented people. Plaintiffs include the Southeastern Synod of the Evangelical Lutheran Church in America, a landlord and a legally present father with undocumented family members, all of whom say the law forces them to choose between their values and risking criminal prosecution. According to the Tennessee Lookout, the American Immigration Council, Tennessee Immigrant & Refugee Rights Coalition and the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center also have joined the suit, which is seeking class action status.

Posted by: Azya Thornton on Jun 18, 2025

The U.S. Supreme Court has upheld Tennessee’s law restricting certain gender-transition treatments for minors, rejecting a legal challenge brought by three transgender adolescents, their families and a Memphis-based medical provider. In a 6-3 decision in U.S. v. Skrmetti, the court sided with Tennessee and dismissed claims that the law — which bans puberty blockers and hormone therapies for individuals under 18 — violates the Constitution’s equal protection clause, National Public Radio reports. The case originated from a lawsuit filed by the American Civil Liberties Union (ACLU), the ACLU of Tennessee, Lambda Legal and the law firm Akin Gump Strauss Hauer & Feld LLP following passage of SB1/HB1. Writing for the majority, Chief Justice John Roberts said the court’s role is to determine whether the law complies with the Constitution, not to weigh its policy merits. The justices found that the law does not discriminate on the basis of sex or transgender status and thus does not require heightened judicial scrutiny. Justice Sonia Sotomayor authored a dissent saying the decison would cause "untold harm to transgender children and the parents and families who love them.” Tennessee Attorney General Jonathan Skrmetti reacted to the ruling in a press release saying, “In [this] historic Supreme Court win, the common sense of Tennessee voters prevailed over judicial activism.” In contrast, Lucas Cameron-Vaughn, senior staff attorney at the ACLU of Tennessee, said, “We will continue to stand with transgender people in Tennessee and are committed to realizing a world where all people belong, are valued, and can access the necessary healthcare they need.”

Posted by: Stacey Shrader Joslin on Jun 9, 2025

Tennessee House Speaker Cameron Sexton last week called for Nashville Mayor Freddie O’Connell to rescind an executive order requiring the city to report interactions with federal immigration authorities. In a statement issued on Thursday, Sexton said the order forces city employees "to act as big brother." O'Connell is defending the executive order saying it is an "appropriate, transparent measure." Axios Nashville has more on the issue.

Posted by: Stacey Shrader Joslin on May 16, 2025

Gov. Bill Lee has signed a bill into law protecting educators and school contractors from disciplinary action and lawsuits if they misgender or deadname students, staff or others within their school district, WBIR reports. In addition, the new law shields public schools and districts from liability in such cases. Those who are disciplined may sue for monetary damages after going through a complaint process. The law, which was sponsored by Rep. Mark Cochran, R-Englewood, in the House and by Sen. Paul Rose, R-Covington, in the Senate, also prohibits schools and teachers from requiring students, employees or contractors to share preferred pronouns and names, and educators may not ask students to refer to them by a preferred pronoun. For institutions of higher education, the bill prohibits the disciplining of students, faculty, employees or contractors who refuse to provide preferred pronouns. The law went into effect on May 9.

Posted by: Azya Thornton on May 12, 2025

Tennessee has renewed its contract with private prison operator CoreCivic to run the South Central Correctional Facility in Wayne County. The State Building Commission approved the three-year, $168 million contract during a meeting last Thursday. The contract will take effect July 1 and run through June 30, 2028, according to the Nashville Post. The South Central facility is one of four prisons in Tennessee operated by CoreCivic that have faced scrutiny in recent years over poor conditions and inmate deaths. The new contract comes as the state legislature recently passed HB1144/SB1115 as amended, increasing oversight of private prisons by requiring a facility’s inmate population to be reduced by 10% if its death rate is twice that of a comparable state-run prison. The legislation, signed by Gov. Lee on May 9, also requires population reductions to continue until the issues are resolved.

Posted by: Azya Thornton on May 12, 2025

Starting with the class of 2028, Tennessee high school students must take at least one computer science course to graduate. A new policy, unanimously approved by state lawmakers in 2022, is designed to prepare students for a growing number of jobs that require a deeper understanding of technology and artificial intelligence (AI). Tennessee is one of 12 states that already have a computer science mandate in place. According to Axios Nashville, more than 200 CEOs signed a letter this month urging state leaders nationwide to follow Tennessee’s lead by requiring AI and computer science courses for high school graduation. “To be a full participant in the economy and the world, you have to be able to understand the technology that’s driving the world,” state Sen. Jeff Yarbro, D-Nashville, told Axios. Yarbro helped lead efforts to draft Tennessee’s plan for computer science education.

Posted by: Azya Thornton on May 7, 2025

Gov. Bill Lee has signed a new law eliminating a $350 fee property owners must pay to reclaim items seized by the government in civil asset forfeiture cases, WBIR reports. The Tennessee General Assembly had unanimously approved the measure — HB1229/SB481 — in April. Sponsored by Rep. Justin Lafferty, R-Knoxville, the law waives the fee as long as property owners go through a civil hearing to recover their property. “Tennesseans shouldn’t have to pay a fee just to reclaim their own property, especially when they were innocent bystanders, which is often the case in civil forfeiture,” Lafferty said of the law, which will take effect on July 1. The law will not affect processes associated with criminal asset forfeiture.

Posted by: Azya Thornton on Apr 28, 2025

Gov. Bill Lee has signed a bill that will change how bail decisions are made in Tennessee. HB854/SB856 allows judges to consider “reliable hearsay” when determining whether a defendant should be granted bail. This could include documents such as police database printouts, rap sheets and probation violation reports, even if no witness is present to testify about them, Fox Chattanooga reports. Supporters say the bill gives judges more context to assess whether a defendant poses a risk to the community and could help prevent repeat offenders from being released too easily. Critics argue the measure could lead to unfair detentions, particularly for defendants without legal representation.

Posted by: Azya Thornton & Berkley Schwarz on Apr 23, 2025

The Tennessee General Assembly adjourned its 114th session yesterday, following the passage of a $59.8 billion state budget that received bipartisan support, including reallocating approximately $180 million of funding from Gov. Bill Lee’s proposed budget amendment in order to fulfill their own legislative priorities.

The budget for Fiscal Year 2025-2026 that passed the General Assembly included $78 million for TennCare, $4.5 million to expand staffing and raise salaries within the attorney general’s office, and $37.5 million to replace the Tennessee College of Applied Technology (TCAT) campus in Robertson County. The budget also committed an additional $35.6 million to the Rainy Day Fund and $597 million in disaster-related expenditures, including funds for Hurricane Helene relief and local Federal Emergency Management Agency (FEMA) match requirements. Lawmakers also established a $42.5 million grant pool to support essential community organizations and services such as volunteer fire departments, EMS providers, senior centers, museums and the Second Harvest Food Bank.

The final budget preserved key initiatives from the governor’s original proposal, including $17 million to overhaul the state’s Indigent Representation Program, $1 billion for transportation infrastructure, $62.7 million for K–12 facility upgrades and $25 million in grants to attract new businesses and grow the state’s workforce, and $145.9 million in Education Freedom Scholarships. A controversial proposal that would have allowed Tennessee school districts to deny enrollment or charge tuition to noncitizen students has stalled for the year. HB793/SB836, which sought to challenge the landmark 1982 Supreme Court ruling Plyler v. Doe — guaranteeing all children access to free public education regardless of immigration status — was paused after lawmakers raised concerns about possible violations of federal law and financial consequences. Additionally, legislation seeking to implement a takeover of the Memphis-Shelby County School Board will be taken up next year, as House and Senate leadership could not reach an agreement on the bill.

Gov. Bill Lee thanked the General Assembly “for its partnership and continued commitment to responsible fiscal stewardship and innovation to improve the lives of the people we serve.”


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