TBA Law Blog


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Posted by: Paul Burch on Jan 30, 2024

State Rep. John Ragan, R-Oak Ridge, has filed HB1661 to create a petition process for removing content from public and school libraries that is accessible to minors and considered contrary to “contemporary community standards.” According to the Commercial Appeal, the bill would affect content that includes “nudity,” “excess violence,” “sexual conduct” or content that is “patently offensive” or of “a prurient interest.” The filing comes two years after lawmakers passed the Age Appropriate Materials Act, which created restrictions and enforcement of what is accessible to children in public school libraries. There is no Senate counterpart to the new proposed bill yet.

Posted by: Stacey Shrader Joslin on Jan 29, 2024

Tennessee House Speaker Cameron Sexton and Senate Majority Leader Jack Johnson were in Memphis on Friday to announce a new legislative effort to expand the criminal charges for which bail would not be an option. The Commercial Appeal reports that currently, only those charged with capital murder can be denied bail in the state. The bill, which is not yet drafted, would amend the state constitution to add other violent crimes. Sexton, who says the measure is intended to "allow the judicial branch to have more discretion," was joined at a press conference by Memphis Mayor Paul Young, Shelby County District Attorney Steve Mulroy, a number of state legislators representing Memphis and Shelby County, and local law enforcement officials. Mulroy says he supports the idea so long as the language specifically states that judges retain discretion in setting bail. State Rep. Antonio Parkinson, D-Memphis, said his constituents support the legislation because they want a safer community. State Sen. Raumesh Akbari, D-Memphis, appeared to support the amendment, but called for gun reform. The bail reform nonprofit Just City said it opposes the idea, arguing it will not tackle the crime problem in Memphis.

Posted by: Paul Burch on Jan 25, 2024

Tennessee House members looking into the feasibility of rejecting federal education funding want a comprehensive study of food waste in school cafeterias under federally funded child nutrition programs, reports the Tennessean in a story originally published by Chalkbeat. Members are evaluating recommendations outlined in a 13-page report submitted Jan. 19 by the House members of the Joint Legislative Panel on Forgoing Federal Education Funding. The report recommends additional oversight of requirements that accompany federal funds, review of new federal rules and directives, and review of federal requirements for student testing. The report was submitted nearly two weeks after Senate members of the joint panel issued their own report, citing disagreements with House colleagues about findings and recommendations.

Posted by: Stacey Shrader Joslin on Jan 24, 2024

Warning that crime in Shelby County is at a “crisis point,” state Sen. Brent Taylor, R-Memphis, has asked Tennessee Attorney General Jonathon Skrmetti for a legal opinion on possible ways to speed cases through the justice system. The Tennessee Journal reports that, according to Taylor, there are 300 pending murder trials in the county, with more being added each day. In his letter to Skrmetti, Taylor writes that Shelby County Criminal Court judges have tried only 40 criminal jury trials in 2023 compared to some 200 per year prior to the COVID-19 pandemic. Taylor also notes that former Memphis mayor Jim Strickland and District Attorney Steve Mulroy have called for action.

Posted by: Stacey Shrader Joslin on Jan 24, 2024

The state got the green light this month for a $3.1 million project to install special bullet and riot resistant laminate film on the windows of eight state government buildings in Nashville, The Tennessee Journal reports. Approval from the General Assembly’s Fiscal Review Committee came after the Department of General Services addressed concerns raised by lawmakers over a proposed no-bid contract. State officials said the vendor selected was the only one that could provide the product with the highest degree of security.

Posted by: Paul Burch on Jan 23, 2024

Two new abortion-related bills have been filed in the state House. According to the Tennessean, Majority Leader William Lamberth, R-Portland, and Senate Majority Leader Jack Johnson, R-Franklin, have introduced HB 1663/SB1834, which would allow juries to impose the death penalty on adults convicted of raping a child under 12, with certain aggravating factors. The paper reports that the bill passed a first legislative hurdle in the House Criminal Justice Subcommittee by voice vote. In addition, Rep. Jason Zachary, R-Knoxville, filed HB1895 to establish an "abortion trafficking" felony for adults who help pregnant minors get an out-of-state abortion without parental permission. The legislation would establish a new Class C felony and carry three to 15 years in prison for an adult that "recruits, harbors or transports" a pregnant minor for the purposes of receiving an out-of-state abortion or for getting abortion medication. According to reporting by the Tennessean, parents or legal guardians would be exempt. The legislation also provides for a civil action against a person committing the offense of abortion trafficking of a minor for the wrongful death of an unborn child if the abortion takes place. A similar law in Idaho recently was blocked temporarily by a federal judge. That legislation needs a Senate sponsor before it can advance.

Posted by: Paul Burch on Jan 23, 2024

Gov. Bill Lee has announced that he will deliver his sixth State of the State address to the General Assembly on Feb. 5 at 6 p.m. CST. The joint session will take place in the House chamber of the Tennessee State Capitol. The address will be available on Lee’s Facebook and YouTube channels.

Posted by: Julia Wilburn on Jan 22, 2024

State lawmakers have so far filed more than a dozen firearm-related bills to be considered during this session, and they can continue to file legislation through the end of January, reports the Tennessean. Rep. Ryan Williams, R-Cookeville, filed HB 1202 in January 2023, which would allow school staff to carry concealed handguns on campus. It was tabled following criticism from gun-reform advocates after the Covenant School shooting in March, but could be brought for a full House vote at nearly any time. The bill still has to go through the committee process in the Senate. SB 1693, sponsored by Sen. Raumesh Akbari, D-Memphis, would create a state gun violence prevention office within the Tennessee Department of Safety, which would be tasked with collecting data on gun violence with an aim at developing prevention strategies. The proposal needs a House sponsor before it can move forward. Rep. Gino Bulso, R-Brentwood, and Sen. Joey Hensely, R-Hohenwald, have filed HB 1631, which they say would clarify existing state law that allows private schools serving kindergarten through 12th grade to adopt a handgun carry policy. HB 1667, filed by Rep. Caleb Hemmer, D-Nashville, and sponsored in the Senate by Sen. Jeff Yarbro, D-Nashville, authorizes local governments to regulate gun storage in unoccupied vehicles. The proposal would apply only to counties with a population over 98,800. House Majority Leader William Lamberth, R-Portland, and Sen. Jon Lundberg, R-Bristol, introduced HB 1640 which would block criminal defendants who are deemed mentally incompetent and unable to stand trial from legally buying or possessing a gun. The legislation would also require courts to report the incompetency findings to the FBI and Tennessee Department of Safety.

Posted by: Julia Wilburn on Jan 22, 2024

The Tennessee General Sessions Judges Conference recently sent a letter to Gov. Bill Lee, Lt. Gov. Randy McNally, House Speaker Cameron Sexton and members of the Tennessee General Assembly in support of efforts to increase funding for indigent representation in the state. The letter states, in part, that "the current rate of pay was originally set in approximately 1997, and it has not been raised, except for the equalization of the out-of-court rate and in-court rate several years ago. Certainly, the current hourly rate of pay for court-appointed attorneys has made it very difficult for the Tennessee General Sessions Courts to find a sufficient number of attorneys able and willing to represent indigent litigants, especially indigent criminal defendants, and constitutes an ongoing problem for our state's judicial system." Read the full text of the letter. Learn more about funding for indigent representation from TBA's Government Affairs team

Posted by: Paul Burch on Jan 16, 2024

The Tennessee General Assembly, which earlier canceled work on Tuesday, now will remain out for the rest of the week, House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, said in a joint statement, the Tennessean reports. "Due to the extreme weather, dangerous temperatures and resulting treacherous road conditions, we have decided to close the Cordell Hull Building and cancel all official legislative meetings for the rest of this week," the two legislative leaders said. Due to winter weather, Gov. Bill Lee closed all state offices on Tuesday and Wednesday as well.


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