TBA Law Blog


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Posted by: Paul Burch on Aug 1, 2023

Tennessee Democrats yesterday announced an eight-stop bus tour to begin next week in Memphis and finish in Nashville for the start of the special legislative session, reports WKRN. House Democratic Caucus Chair John Ray Clemmons, D-Nashville, said the tour is meant to encourage public debate about meaningful gun control ahead of the session. Sen. Charlane Oliver, D-Nashville, noted that "this is not new. The statistics are not new ... What is new is the opportunity to turn tragedy into policy action.” The state is receiving public comments in advance of the special session via this form. 

Posted by: Paul Burch on Jul 31, 2023

The Tennessee Black Caucus of State Legislators met Friday at the National Civil Rights Museum to discuss Gov. Bill Lee’s upcoming special session on Aug. 21 to propose new gun legislation, reports the Commercial Appeal. The caucus has been holding town hall meetings state-wide discussing ways to curb gun violence since the General Assembly recessed in May. "What is good for rural isn't always good for urban," noted state Rep. Jesse Chism, D-Memphis. Suggestions for the upcoming session include gun safe lock programs for firearm owners and a requirement for all guns in cars to have locks.

Posted by: Julia Wilburn on Jul 28, 2023

A new Tennessee law now in effect adds new requirements before a student can receive corporal punishment at school. News Channel 9 in Chattanooga reports that under HB 0995/SB 0972, before any kind of corporal punishment can happen, teachers are required to have acted to address the student’s behavior, provided consequences to the student, consulted with the student’s parents about their behavior and considered the need to evaluate whether the student has a disability. Corporal punishment against a student with a disability is prohibited unless the punishment is permitted by the local education agency and the parent agrees in writing.

Posted by: Stacey Shrader Joslin on Jul 19, 2023

Former Nashville Council member Anthony Davis was sworn in yesterday as the new state representative for District 51, the Tennessee Tribune reports. Davis succeeds Bill Beck, who died unexpectedly from a heart attack last month. District 51 encompasses parts of downtown Nashville, the Gulch, Germantown, East Nashville, Madison, Donelson and Inglewood. Davis previously served on the Nashville Metro Council for eight years.

Posted by: Julia Wilburn on Jul 18, 2023

Reps. Justin Jones, D-Nashville, and Justin J. Pearson, D-Memphis, raised about $2 million in their week-long absence from the state House after expulsion in March. The Tennessee Lookout reports that the removal of Jones and Pearson allowed the lawmakers to raise money during the legislative session, which is normally not permitted. Jones raised $1,079,688.86 over the first six months of the year, and Pearson raised $1,058,036.34. Part of Pearson’s total includes the roughly $52,000 he raised at the start of 2023 to win his House seat in a special election held in January. Both face Republican opponents in the Aug. 3 general election.

Posted by: Stacey Shrader Joslin on Jul 17, 2023

The State Building Commission last week approved the first steps in a plan by Department of Children’s Services (DCS) to open a new transitional facility for kids coming into custody and to expand and add more security to buildings that house delinquent youth. Tennessee Lookout reports that the commission approved the initial phase of a $19 million expansion in institutional space. In the near term, this will allow the agency to add more than 100 beds, including 24 at a temporary assessment center. A Nashville facility that houses about 50 teenage boys also will get more security. Commissioner Margie Quin called the action a “positive step toward mitigating the statewide youth placement crisis.”

Posted by: Stacey Shrader Joslin on Jul 17, 2023

Shelby County Criminal Court Judge Paula Skahan ruled in favor of the Shelby County district attorney and a local defense attorney, saying that a state law passed earlier this year to strip all post-conviction death penalty proceedings from local district attorneys is unconstitutional, the Tennessean reports. Specifically, Skahan found that the General Assembly did not give proper notice to the public about the law and that the law wrongfully removed jurisdiction from locally elected district attorneys. Shelby County District Attorney Steve Mulroy and defense attorney Robert Hutton brought the suit. They also argued that the law violates the rights of voters but Skahan did not address that issue. The state attorney general has until Aug. 4 to appeal the decision.

Posted by: Stacey Shrader Joslin on Jul 5, 2023

The Tennessee Registry of Election Finance recently gave former state Senate candidate Gary Humble extra time to provide proof that his campaign did not coordinate illegally with Tennessee Stands, a nonprofit entity he controls. Humble now has until October to provide documentation on contributions and spending by his campaign, Tennessee Lookout reports. Registry members subpoenaed Humble’s information in January after opening an audit of the campaign in 2022. He was supposed to have provided the information by March. Humble barely lost to Senate Majority Leader Jack Johnson in the 2022 Republican primary. He has denied that he coordinated with Tennessee Stands. Shortly after the registry’s extension, a Humble supporter filed a complaint against Johnson alleging he engaged in illegal coordination with three groups.

Posted by: Stacey Shrader Joslin on Jun 30, 2023

State Sen. Heidi Campbell, D-Nashville, is suggesting an audit of how the state used federal relief aid it received for rental assistance during the COVID-19 pandemic, the Tennessean reports. The state received $383.4 million for rental assistance. The Tennessee Housing Development Agency (THDA) in turn hired Horne LLP to process applications, determine applicant eligibility and assist landlords, but is not able to identify the amount of federal funds that it disbursed. During a meeting of the Fiscal Review Committee this week, Campbell also criticized the agency for returning funds back to the federal government while Tennessee families remained in need. "An audit might be a good idea here," she said.

Posted by: Stacey Shrader Joslin on Jun 30, 2023

Changes to the Tennessee Rules of Civil Procedure and Tennessee Rules of Criminal Procedure, approved by the General Assembly in April, took effect July 1. The changes were originally proposed by the Tennessee Supreme Court in August 2022 based on recommendations from the Advisory Commission on the Rules of Practice & Procedure. The court originally included amendments to Rule 41 of the Rules of Criminal Procedure but after a comment period decided to send that section back to the commission for further consideration.


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