TBA Law Blog


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Posted by: Julia Wilburn on Apr 22, 2025

Tennesseans will vote on three constitutional amendments on the November 2026 gubernatorial ballot after the state House approved the measures on Monday. The Senate had approved the resolutions in March. Sponsored by Sen. Jack Johnson, R-Franklin, one amendment would take away the right to bail for people charged with certain crimes such as acts of terrorism, second degree murder, aggravated rape, grave torture, vehicular homicide and carjacking. A second amendment, sponsored by Sen. Ferrell Haile, R-Gallatin, would would prohibit the state from instating a state property tax in the future. Finally, Marsy’s Law, sponsored by Sen. John Stevens, R-Huntingdon, would expand the rights of victims of crimes, including the right to be present and heard at all public criminal proceedings involving the accused, the right to be free from harassment or intimidation by the accused, and the right to be notified of the release, transfer or escape of the accused. The Nashville Post has more on all three proposed amendments.

Posted by: Azya Thornton on Apr 21, 2025

The final episode of the season for the TBA’s Legislative Updates podcast features TBA lobbyists and attorneys Berkley Schwarz of Pier Strategies LLC and Brad Lampley of Adams & Reese. In this legislative session wrap-up, they discuss the passage of the state budget, key accomplishments from the TBA’s lobbying efforts and a preview of priorities for the 2025 session. Listeners can support the TBA’s advocacy work by contributing to LAWPAC. Tune in to the podcast on the TBA website or through this link.

Posted by: Azya Thornton on Apr 21, 2025

Legislation that passed the Tennessee Senate and House unanimously last week would require police to report each time they charge someone with driving under the influence and toxicology results later show the person was sober. Under the bill, the Tennessee Bureau of Investigation must report to the speakers of the House and Senate all instances in the previous year when someone was charged with DUI but no alcohol or other intoxicants were detected in their blood or breath. Reporting would begin in 2026 and continue through 2029, the Tennessean reports. Cases of sober drivers being charged with DUI have received increased news coverage and public attention in recent years according to the paper. Sen. Raumesh Akbari, D-Memphis, said the bill is intended to help the legislature determine whether “this is actually a real statewide problem.” The bill now goes to the governor for his consideration.

Posted by: Azya Thornton on Apr 18, 2025

The Tennessee General Assembly on Thursday passed a bill that would ban THCa, a key component in most legal cannabis products sold in the state. Sen. Richard Briggs, R-Knoxville, who sponsored the legislation, said the measure supports local hemp growers. The Tennessee Growers Association has protested the bill, warning that a THCa ban could threaten a multi-million-dollar industry in the state. The bill also restricts the sale of hemp products to retailers with liquor or vape licenses and transfers regulation of hemp from the Tennessee Department of Agriculture to the Alcoholic Beverage Commission. The bill now heads to the governor’s desk for his consideration, WPLN reports.

Posted by: Stacey Shrader Joslin on Apr 17, 2025

The Tennessee Senate has passed SR120, Action News 5 reports. The resolution, sponsored by Sen. Brent Taylor, R-Memphis, calls for the Tennessee Supreme Court to establish a Judicial Review Committee to investigate three district attorneys general (DAs): Shelby County District Attorney Steve Mulroy, Davidson County District Attorney Glenn Funk and District Attorney Chris Stanford, who serves Warren and Van Buren counties. The resolution also asks the Supreme Court to create a review board that would mirror the Board of Judicial Conduct but oversee district attorneys, court clerks and public defenders according to the Commercial Appeal. “After discussions with Senate leadership, we agreed the serious nature of these allegations warrant a judicial — rather than legislative — review,” Taylor said. The senator had introduced a resolution in January that would have created a committee of legislators to investigate Mulroy. It was referred to the Senate Judiciary Committee but never considered.

Posted by: Azya Thornton on Apr 16, 2025

The Tennessee legislature has approved a bipartisan bill, SB256/HB601, that will allow wrongfully convicted individuals who plead guilty to crimes they did not commit to file innocence claims in court based on new evidence. The bill, sponsored by Sen. Todd Gardenhire, R-Chattanooga, and Rep. Bob Freeman, D-Nashville creates a more direct path for innocence claims to be reviewed, the Chattanoogan reports. Currently, individuals who plead guilty have no legal avenue to return to court with new evidence. The bill establishes a process that allows judges to reopen cases when both the district attorney general and the individual — or their attorney — jointly file a petition. Before 2016, people with new evidence could file an error coram nobis petition, even if they had pleaded guilty, but the Tennessee Supreme Court ruled that year that the statute applied only to those convicted at trial. The new legislation would amend the statute to explicitly include guilty pleas. Read more in an op ed from the bill sponsor.

Posted by: Azya Thornton on Apr 11, 2025

The latest episode of the TBA Legislative Updates podcast features TBA lobbyists Berkley Schwarz of Pier Strategies LLC and Ashley Harbin of Adams and Reese. They discussed several key bills, including HB1131/SB1331, known as the Equal Parenting Bill; HB492/SB540, the TBA Family Law Bill; and HB1355/SB1052, the TBA Adoption Law Bill. They also cover updates on the upcoming state budget vote. For more on the progress of TBA-supported legislation, visit the TBA website. Tune in to the podcast on the TBA website or through this link.

Posted by: Azya Thornton on Apr 11, 2025

A bill now heading to the governor’s desk could soon allow Tennessee physicians and insurance companies to deny patients certain medical treatments. HB1044/SB955 would permit doctors, nurses and insurance companies to refuse procedures that conflict with their moral or religious beliefs, according to WPLN News. The legislation, backed by the lobbying group Alliance Defending Freedom, mirrors similar proposals in Colorado, Idaho, Iowa and other states. However, Tennessee’s bill differs in that it does not require patients to be notified if their doctor or insurance provider no longer offers a service. Two Senate amendments clarified that the provisions do not apply when health care professionals perform procedures for individuals in imminent danger of harming themselves or others.

Posted by: Azya Thornton on Apr 11, 2025

A proposal that passed the Tennessee Senate on Monday could add specific language to the state’s law that effectively bans abortion, Local Memphis reports. Sen. Richard Briggs, R-Knoxville, proposed SB1004, which initially required the state to report annually on gifts, grants or donations made toward constructing a monument dedicated to terminated pregnancies. The bill was amended to revise the state’s Human Life Protection Act, which currently allows abortion care only if a physician determines the pregnancy poses a “serious risk of substantial and irreversible impairment of a major bodily function.” The amendment would define that phrase as “any medically diagnosed condition that so complicates the pregnancy of a woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function.” Critics have said the law forces physicians to make legal as well as medical judgments. Rep. Bryan Terry, R-Murfreesboro, who introduced the House bill, said it was introduced as a way to improve the state's law after the United States Supreme Court overturned Roe v. Wade decision. The proposal passed the Senate in a 25-3 vote and must now pass the House before becoming law.

Posted by: Stacey Shrader Joslin on Apr 10, 2025

A bill that would allow school districts to charge tuition from noncitizen students narrowly passed the Senate today, reports the Tennessee Journal. The measure passed by a 19-13 vote. A companion bill is moving through the committee process in the House. The House Education Committee approved a similar bill in March. The House Finance Subcommittee is scheduled to consider that measure on Monday.


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