TBA Law Blog


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Posted by: Brittany Sims on Feb 13, 2014

The Senate today approved a bill 26-7 that would lift gun bans in local parks, despite opposition from Nashville Mayor Karl Dean and other city leaders, the Tennessean reports. Senate Bill 1496 — sponsored by Sen. Stacey Campfield, R-Knoxville — would undo a 2009 law that allows city councils and county commissions to decide for themselves whether to permit guns in their parks. Dean has lobbied lawmakers to reject the bill, arguing that local governments should continue to decide how to police their own parks. Gov. Bill Haslam, a former mayor of Knoxville, also has said he opposes the measure.

Posted by: Brittany Sims on Feb 13, 2014

Sen. Brian Kelsey, R-Germantown, and State Rep. Sheila Butt, R-Columbia, have filed Senate Joint Resolution 481 designating Feb. 6 as “State Constitution Day” in Tennessee, the Columbia Daily Herald reports. That date recognizes the 218th birthday of the adoption of the state’s first Constitution by delegates at a convention held for that purpose in Knoxville before the birth of the Volunteer State. The resolution declares that during the annual recognition of Constitution Day the document will be read aloud in both the House of Representatives and the Senate by any legislators desiring to participate.

Posted by: Brittany Sims on Feb 13, 2014

A bill filed last week by Sen. Ken Yager, R-Harriman, would require Tennessee to use an electric chair for executions if the drugs needed to carry out lethal injections are unavailable, or if a court strikes down the lethal injection option, Knoxnews reports. Currently, the state is scheduled to execute 10 death row inmates between April 2014 and November 2015.

Posted by: Brittany Sims on Feb 13, 2014

Sen. Jim Tracy, R-Shelbyville, head of the Senate Transportation Committee, moved yesterday to block state funding for the Amp, Nashville’s proposed bus rapid-transit system. The Nashville Business Journal reports that Tracy's plan would add language to an appropriations bill for the Tennessee Department of Transportation preventing any spending on a bus rapid transit service that uses a portion of a state highway. Officials have said they could still fund the $174 million Amp without help from the state, however, they have not detailed how.

Posted by: Brittany Sims on Feb 12, 2014

Proposed state legislation filed by Sen. Becky Duncan Massey, R-Knoxville, at the behest of Metro Nashville’s legal department could shield the identify and personal information of rape victims from the public, the Tennessean reports. Metro Law Director Saul Solomon said the main push for the bill is “balancing the victim’s right of privacy with the public’s right to know,” and would simply allow police and prosecutors to redact personal information. But, as written, critics say it could turn rape into an “invisible crime" and interfere with a defendant’s right to a fair trial by preventing attorneys from discussing key evidence with their clients. In an editorial, the Tennessean goes further, saying the bill is an attempt to intimidate news media organizations throughout the state as they pursue a lawsuit against Metro over its refusal to release records in the rape investigation involving former Vanderbilt University football players.

Posted by: Brittany Sims on Feb 6, 2014

A proposed amendment to add further protections for employees who bring their guns to work was defeated in the Tennessee Senate yesterday, the Memphis Business Journal reports. The so-called "guns-in-cars" law made it legal for employees to keep their guns locked in their vehicles while at work, but confusion remains over whether they can be legally fired for doing so. A proposed clarification by Sen. Mae Beavers, R-Mt. Juliet, which would have prohibited employers from firing employees who were in compliance with the law, was defeated 23-8.

Posted by: Josie Beets on Feb 5, 2014

A bill filed for introduction by Rep. Jimmy Matlock, R-Lenoir City, would allow for drug testing of judges in criminal trials on the motion and demand of either party. If the judge refuses, the judge would be deemed disabled for that trial and a new judge appointed. If neither party brings the motion for drug testing, the issue may not be asserted on appeal. Check out TBAImpact for the TBA take on this new legislation

Posted by: Josie Beets on Feb 5, 2014

A proposed constitutional amendment to allow for the statewide election of the Attorney General was narrowly defeated in the Senate today. The measure needed 17 votes to proceed but only received 15, with several senators not voting. Sen. Mae Beavers, who was its main supporter, indicated she would continue to press the issue in future sessions. A competing proposal to allow the legislature to appoint the AG continues to press forward. Nashville Public Radio has more. 

Posted by: Stacey Shrader Joslin on Feb 4, 2014

It may be free, but state senators remain cautious about an offer to analyze and overhaul Tennessee’s criminal justice system, the Tennessean reports. The offer, made by the Vera Institute of Justice, would study all aspects of the state criminal justice system including sentencing, incarceration and post-release programs. The goal, according to supporters, is to reduce recidivism, reduce the prison population and improve public safety. Funding would come mostly from federal grants. The Senate State & Local Government Correction Subcommittee heard more about the proposal at a recent hearing but members asked for additional information.

Posted by: Stacey Shrader Joslin on Feb 3, 2014

People convicted of second and third DUI offenses could reduce their jail time in exchange for completing treatment for alcohol abuse under legislation before the Tennessee General Assembly. Gov. Bill Haslam’s administration is seeking the change. According to sponsors, the goal of SB 1633 and HB 1429 is to reduce repeat offenses and use state money designated for addiction treatment more effectively. Second offenders would have to serve at least 15 days in jail, and third offenders at least 60 days, before participating in a treatment program under this proposed new law.


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