TBA Law Blog


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Posted by: Azya Thornton on Jan 13, 2025

Tennessee lawmakers are set to reconvene in Nashville tomorrow for the 114th General Assembly. Nashville Public Radio looks at some of the key issues expected to be considered during the session, including Gov. Bill Lee's proposal to expand a school voucher program, policies against hate speech, proposed bills to eliminate the grocery tax, and measures related to contraceptives, IVF and abortion. As previously reported, Lee may call a special session to address both the voucher program and disaster relief for northeast Tennessee. The Tennessean has a profile of the 12 new members taking office.

Posted by: Stacey Shrader Joslin on Jan 9, 2025

State Sen. Brent Taylor, R-Eads, has revealed nine allegations that he says are grounds for the removal of Shelby County District Attorney General Steve Mulroy. According to the Daily Memphian, Taylor laid out his case at the Memphis Police Association headquarters this week. Among his allegations, Taylor says that Mulroy unethically colludes with judges and circumvents the authority of the Tennessee legislature, and that his office no longer opposes parole for first-degree murder convictions, no longer opposes waivers for court costs and fines, and engages in race-based prosecution. Mulroy has mounted a public defense campaign, recently posting videos that push back on calls for his removal and demonstrating his compliance with Taylor’s record requests.

Posted by: Stacey Shrader Joslin on Jan 9, 2025

Gov. Bill Lee told reporters yesterday that he is considering calling for a special legislative session to consider a statewide private school voucher program and storm relief for areas hard hit by the remnants of Hurricane Helene. Nashville Public Radio reports that Lee said he had not determined if or when the special session would take place, but indicated it would be sooner than later if held. Democratic lawmakers responded, criticizing the idea of combining disaster relief with the voucher program, the Nashville Banner reports. Also, during the press conference, Lee reiterated his commitment to help President-elect Donald Trump with planned deportations, including deploying the Tennessee National Guard if requested. Lee joined other governors in signing a letter to the effect in December, according to Axios Nashville. Tennessee’s 114th General Assembly is scheduled to convene next Tuesday.

Posted by: Julia Wilburn on Jan 7, 2025

Sen. Jeff Yarbro, D-Nashville, and Rep. Aftyn Behn, D-Nashville, have proposed HJR12, a resolution to amend Tennessee's constitution allowing local municipalities across the state to raise fines to an amount they see fit in situations surrounding illegal construction. Currently, the fine is $50 per infraction. Yarbro told the Tennessean that for large construction companies, "multiple $50 fines just becomes the cost of doing business, albeit illegally." Behn said, "This has been an issue statewide for localities looking to hold bad actors accountable." The Tennessean has the story.

Posted by: Azya Thornton on Jan 6, 2025

Tennessee lawmakers have filed a bill aimed at deterring hate crimes and strengthening public safety across the state. State House Majority Leader William Lamberth, R-Portland, and Sen. Mark Pody, R-Lebanon, introduced HB55, known as the Protecting Everyone Against Crime and Extremism (PEACE) Act. The bill addresses issues such as hate littering, trespassing, police procedures, obstruction and road safety, according to WSMV News. It would add a Class A misdemeanor for hate littering and trespassing, and improve law enforcement’s response to hateful demonstrations by creating a buffer zone requiring the public to stay 25 feet from officers. “The PEACE Act offers increased protection against intimidation and gives law enforcement additional tools to ensure those individuals who carry out these vile acts — often anonymously — do not escape accountability. Tennessee will not tolerate hatred in any form,” Lamberth said.

Posted by: Stacey Shrader Joslin on Jan 2, 2025

A new state law that was set to go into effect on Jan. 1 has been blocked by a federal judge, the Tennessean reports. Chief U.S. District Court Judge Sheryl Lipman in Memphis said the law — which requires websites with content deemed "harmful to minors" to verify the age of each user — was an unconstitutional "scorched earth" approach to free speech rights. Tennessee Attorney General Jonathan Skrmetti, who has defended the law, argues it is a common-sense approach to “stop kids from accessing explicit obscene content while protecting the privacy of adults who choose to do so.” According to the paper, Skrmetti has filed an appeal with the 6th Circuit Court of Appeals.

Posted by: Stacey Shrader Joslin on Dec 19, 2024

State Rep. Gino Bulso, R-Brentwood, has introduced a bill to create a new civil cause of action for those who mail or deliver abortion pills. HB26 would allow family members of women who end a pregnancy via abortion pills to sue drug manufacturers and distributors, delivery services and those who help women access abortion-inducing medications from out-of-state. Cases could be brought for up to $5 million in damages. The Tennessean, which reports on the measure, also reports that state law already prohibits sending and receiving abortion pills by mail in Tennessee.

Posted by: Julia Wilburn on Dec 17, 2024

Several new state laws are set to take effect Jan. 1, 2025, reports the Tennessean. The Protecting Children from Social Media Act requires social media companies to verify users' ages before they can create an account. If the user is a minor, the company must confirm "express parental consent" before the minor is allowed to create an account. The Protect Tennessee Minors Act limits minors from accessing pornography online. Companies may either require users to match an uploaded photo with a state ID or use "a commercially reasonable method relying on public or private transactional data to verify" that users are over 18 years. Both the social media and pornography age verification laws are facing free speech lawsuits in federal courts. Also on Jan. 1, residents of China, Iran, North Korea and other countries subject to the International Traffic in Arms Regulations will be prohibited from owning agricultural land in the state. It was challenged in court on Oct. 31 by investors in the Walton Tennessee company. Other laws taking effect in the new year are HB1814, which requires landlords to provide contact information for the "agent" authorized to manage the property; a new law requiring alcohol servers to be trained on preventing date-rape drugging and the role of alcohol and drugs in sexual assault; and SB1919, requiring medical providers with TennCare to begin prescribing birth control as a 12-month refill, allowing patients to get a year's worth of contraceptives without returning for multiple doctor visits.

Posted by: Azya Thornton on Dec 16, 2024

State Rep. John Gillespie, R-Memphis, filed two bills last week related to Tennessee's bail system. The first bill, HB33, would require judges to assume that anyone charged with an offense "involving the use or display of firearms" should not be released on their own recognizance. A magistrate or judicial officer who decides to release someone with such charges on their own recognizance would "be required to list out written findings in a bail order for each applicable factor," the Commercial Appeal reports. The second bill, HB34, would allow judicial system officials to consider a defendant's juvenile record in determining bail. Currently, Tennessee law does not allow courts to consider juvenile criminal records in bail proceedings.

Posted by: Azya Thornton on Dec 13, 2024

Rep. Scott Cepicky, R-Culleoka, introduced a bill this week that would require the Tennessee Secondary School Athletic Association (TSSAA) to revise its bylaws, allowing athletes one free transfer without eligibility restrictions. Under the current TSSAA transfer rule, student-athletes who move to a school in a different zone are ineligible for one calendar year following their last varsity game, unless they have a bona fide change of address. Cepicky’s bill would make it illegal for public schools to be part of any athletic association that enforces such eligibility restrictions. According to The Tennessean, Cepicky predicts that the bill will be ready for consideration in February. In related news, the TSSAA Legislative Council tabled all transfer-related rule proposals during its regular meeting Thursday in anticipation of the upcoming legislative session in January as a number of members have expressed concerns. The council has tentatively scheduled a special meeting for Feb. 4, 2025.


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