TBA Law Blog


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Posted by: Julia Wilburn on May 28, 2024

State Sen. Brent Taylor, R-Eads, asked Gov. Bill Lee to hire William Bratton, a former two-time New York Police Department commissioner known for his enforcement of petty crimes, to have him study Memphis’ crime problem. In a letter to the governor, Taylor described the city as a "warzone" with a diminishing quality of life, noting that businesses are closing and people are leaving because of the crime rates. The Daily Memphian reports that according to data released last week, the U.S. Census Bureau estimated the city lost 5,200 residents from 2022 to 2023. Sen. London Lamar, D-Memphis, said "Yes, we need to hold criminals accountable, but, more importantly, we need to break the cycle of violence with initiatives that prevent crime before it happens ... This isn’t rocket science. When people’s basic needs are being met and you target illegal guns, crime goes down."

Posted by: Julia Wilburn on May 24, 2024

Gov. Bill Lee has signed a bill eliminating two Shelby County judicial seats: Criminal Court Division 9 as of July 1, and Circuit Court Division 7 as of Sept. 1. Cases pending in those courts will transfer to the courts’ remaining judges, reports the Daily Memphian. Local attorneys, judges and the Memphis City Council all have voiced strong opposition to the move, saying it could cause backlogs in both courts, given the increased workload that the remaining judges will now have. Shelby County District Attorney Steve Mulroy said, “This is an acutely bad time right now to be taking away 10% of our judicial capacity for criminal cases in Shelby County. To simultaneously complain about the backlog and then take away 10% of our ability makes no sense to me.”

Posted by: Julia Wilburn on May 24, 2024

Gov. Bill Lee this week signed a bill into law which will increase penalties for those convicted of illegal street racing. WSMV reports that along with the increase in prison time from one year to six years, the new law raises the penalty from a Class A misdemeanor to a Class E felony, accompanied by a fine of $3,000. The new law will take effect July 1.

Posted by: Stacey Shrader Joslin on May 23, 2024

Gov. Bill Lee has signed into a law a bill to ban juveniles found to have committed serious crimes from buying firearms until they turn 25, Tennessee Journal reports. The “juvenile prohibitor” measure sponsored by Rep. Ryan Williams, R-Cookeville, and Sen. Paul Bailey, R-Sparta, cleared both chambers late last session with a bipartisan vote. Aggravated assault, cruelty to animals, robbery and threats of mass violence are among the crimes that would be included in the ban according to the Tennessean.

Posted by: Stacey Shrader Joslin on May 1, 2024

Those arrested for aggravated domestic violence in Tennessee will now have to wear a GPS monitoring device until their court date, WPLN reports. SB1972/HB2692, which passed with bipartisan support, requires that victims be notified if their abuser is within a certain distance. The measure is named for Marie Varsos and her mother Debbie Sisco, who were murdered in 2021 by Varsos’ husband. He had been arrested for strangling Varsos until she lost consciousness but was released and returned to the home to attack again. Family members believe that a law like this one could have saved the women.

Posted by: Stacey Shrader Joslin on May 1, 2024

State funding has been approved to add another circuit judge in the 4th Judicial District, which serves Cocke, Grainger, Jefferson and Sevier counties. WATE.com reports that the funding is included in the state budget. The funding was added to help reduce the caseload on the current six judges. “Public safety is one of our top priorities, and part of that is ensuring speedy trials and getting criminals off our streets. Another judge in the 4th judicial district will help expedite that process and ultimately make the community a safer place for everyone,” Rep. Jeremy Faison, R-Cosby, said. The bill funding this new judge also reallocated another judgeship to the 19th Judicial District, which serves Montgomery and Robertson counties.

Posted by: Stacey Shrader Joslin on Apr 29, 2024

Before adjourning last week, lawmakers gave final approval to a bill that would create civil penalties for adults who help minors cross state lines to get transgender medical care without parental consent. According to the Associated Press, it would be the first law of its kind in the nation if signed by Gov. Bill Lee. The bill mirrors almost the same language from an anti-abortion trafficking proposal lawmakers approved just a day prior. Supporters of the bill said it would protect parents’ rights, while opponents argued that it could be applied broadly to include talking to a minor about website resources. The original version of the bill included criminal penalties, but supporters agreed to civil penalties for violators.

Posted by: Julia Wilburn on Apr 26, 2024

In the final days of the 113th General Assembly, the House passed SB2763/HB2035, which would block local governments from passing their own version of an extreme risk protection order. According to the Tennessean, Democrat members criticized the legislation as a power grab over local control and pointed out that Republicans blocked any substantive debate on the issue during the legislative session. Bill sponsor Rep. Jody Barrett, R-Dickson, said he brought the bill to maintain "consistency," but also noted an ideological opposition to red flag laws. The Senate passed the bill earlier this month. It now goes to Gov. Bill Lee for his consideration. In 2023, Lee had proposed an order of protection but the legislature did not consider it during a special August session that year.

Posted by: Berkley Schwarz & Julia Wilburn on Apr 26, 2024

TBA’s Government Affairs team was successful in shepherding all four of TBA’s legislative proposals through the Tennessee General Assembly before legislators adjourned for the year. The latest episode of Legislative Updates takes a closer look at all of the TBA's bills plus the franchise/excise tax bill and conference report. Listen to attorney and TBA lobbyist Berkley Schwarz and TBA lobbyist and Adams and Reese attorney Brad Lampley on the TBA's Facebook page or wherever you get your podcasts. Read more in our legislative report on bills covering indigent representation funding, the cost of electronic medical records, conservatorships, adoption clean-up and birth certificates in adoptions.

Posted by: Berkley Schwarz & Julia Wilburn on Apr 26, 2024

The Tennessee General Assembly adjourned the 2024 legislative session sine die on April 25 at 5:12 p.m. CDT. Notably, the House and Senate were unable to reach a compromise between their respective amendments to Gov. Bill Lee’s education freedom scholarship plan, thus causing the governor to pull the bill for the year. Legislators now return to their respective districts where the majority of them will soon engage in campaign preparations, given that half of the Senate and all of the House seats are slated for reelection. Read more about the legislature's action on the state budget, indigent representation fee increase and franchise tax law compromise.


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