TBA Law Blog

TBA Law Blog

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Asset Forfeiture Bill Delayed in House, Moves Forward in Senate

Posted by: Brenda Gadd on Apr 25, 2017
A bill which would change state law to require a conviction before a criminal’s assets are seized has moved forward with amendments in the Tennessee Senate, but was taken off-notice in the House Criminal Justice Subcommittee, effectively delaying it until next year. The bill was taken off-notice without discussion by its sponsor, Rep. Martin Daniel (R-Knoxville). In the Senate, the bill will head to the floor with an amendment that requires the seizing law enforcement officer to mail a Notice of Forfeiture Warrant Hearing to the owner within five days of the seizure and allows the property owner to be present at the probable cause hearing.

ASAE Opposes Tennessee Bill Aimed at Association Codes of Ethics

Posted by: Katharine Heriges on Apr 21, 2017
The American Society of Association Executives has released a statement against a Tennessee bill that would require state licensing boards to create unique ethics rules for each profession, thus undermining ethical codes established by professional associations. “This bill potentially puts additional unnecessary burdens on all state licensed professionals in Tennessee, and may cause Tennessee professionals to be out of compliance with nationally recognized standards for their vocation,” the organization wrote in a letter to Gov. Bill Haslam on April 19. The bill was created to allow mental health counselors and therapists to disregard sections of the American Counseling Association’s Code of Ethics in order to deny services to LGBT individuals. ASAE argues that the legislation gives "rise to state sanctioned discrimination."

Bill Would Require State to Disclose Details of Police Shootings

Posted by: Katharine Heriges on Apr 20, 2017
The state Senate voted unanimously to make public the details of Tennessee Bureau of Investigation probes into officer-involved shooting deaths, the Times Free Press reports. Under current state law, TBI investigation records are exempt from public disclosure in an exclusion to the state's Open Records Act unless directed to by a court. The companion bill will be heard in the House next week.

TBA Probate Bill Passes Senate

Posted by: Brenda Gadd on Apr 19, 2017

The Tennessee Bar Association’s probate legislation passed the full Senate today with a vote 30-0 to clear its last hurdle. Sponsored by Sen. John Stevens, R-Huntingdon, the bill revises various provisions relative wills and trusts.

Senate Approves Drug Sharing Program

Posted by: Katharine Heriges on Apr 18, 2017
The Tennessee Senate unanimously approved a bill that would create a prescription drug-share program that would allow donations of packaged cancer drugs, the Tennessean reports. The bill would not allow opioids as a part of the program. If passed, nonprofit organizations would be allowed to donate and redistribute prescription drugs, still in their packaging, to people who don’t have insurance.

Governor's Gas Tax Bill May Get Speaker Support

Posted by: Barry Kolar on Apr 14, 2017

Gov. Bill Haslam’s legislation to increase gas taxes may gain support from House Speaker Beth Harwell, the Nashville Post reports. After a Harwell-backed amendment to strip gas and diesel tax hikes from transportation funding failed to advance this week, she said she is keeping an open mind on the governor’s bill. Democratic legislators, whose votes are likely needed for passage, are threatening they will help kill it unless the governor offers concessions for their support, the Post says.

Gov. Signs Law to Overturn Nashville, Memphis Marijuana Acts

Posted by: Barry Kolar on Apr 13, 2017

Gov. Bill Haslam on Wednesday approved legislation that repeals separate Nashville and Memphis laws that had allowed partial marijuana decriminalization in those communities, the Tennessean reports. The signing ends the short-lived policies adopted last fall that gave police the power to reduce penalties for possession of small amounts of marijuana.

Sit-In Demonstrators Arrested at State Capitol

Posted by: Katharine Heriges on Apr 12, 2017
Two of 11 demonstrators sitting in at the governor’s office yesterday were arrested by state troopers, the Tennessean reports. The demonstrators were there to call for the expansion of the state’s Medicaid program, and sang songs and prayed in the office until the arrests occurred. The two who were arrested were charged with trespassing and disorderly conduct, while nine others were cited with trespassing and released.

Bill to Create Solicitor General Office Dead for Year

Posted by: Katharine Heriges on Apr 12, 2017
A bill that would have moved many duties of the attorney general’s office to a newly created solicitor general’s office is dead for the year, the Nashville Post reports. The legislation would allow the General Assembly to jointly appoint a solicitor general, who would serve as the head of the legal department of the state. AG employees would move over to the new office and the AG would only be responsible for reporting opinions of the Supreme Court.

Bill Setting Deadline for Parole Cases Heads to Governor

Posted by: Katharine Heriges on Apr 12, 2017
A bill that creates a deadline for the Board of Parole to reconsider cases when a person has returned to prison after criminal charges have been dismissed is headed to Gov. Bill Haslam, the Tennessean reports. The measure, which passed the House unanimously on Monday, was proposed after a Tennessee man was imprisoned for a year after his case was dismissed.
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