The Tennessee House of Representatives on Monday passed HB1930/SB2571, the "Parental Accountability Act," sponsored by Rep. John Gillespie, R-Memphis, and Sen. Brent Taylor, R-Memphis.  The bill would allow judges to levy up to $1,000 in fines against parents or legal guardians of children who commit a second criminal offense. The Associated Press reports that the chamber voted 72-24 to send the bill to Gov. Bill Lee. It passed the Senate on March 18. Supporters argue the proposal is needed to hold families accountable for the child’s actions. However, opponents warned that the bill unfairly targets working parents who may have limited resources and burden them with fines that they may be unable to pay. 

HB1202/SB1325, legislation sponsored by Rep. Ryan Williams, R-Cookeville, and Sen. Paul Bailey, R-Sparta, that would permit public school teachers in Tennessee to carry concealed handguns on campus if they meet certain requirements, passed the House 68-28-2. It previously passed the Senate by a vote of 26-5-1 on April 9. It now heads to Gov. Bill Lee’s desk for his signature. WKRN reports that Democrats brought more than a dozen amendments to try to mitigate the circumstances of the bill. All failed on party lines.

A bill that would change how bail is determined is headed to Gov. Bill Lee's desk. If it becomes law, a defendant's ability to pay would no longer be considered when determining what a defendant's bail amount should be. News Channel 5 reports that bill sponsor Rep. John Gillespie, R-Memphis, says this change will improve public safety and make the bail process more efficient. Rep. John Ray Clemmons, D-Nashville, argued in a tweet that the measure is "adverse to equal access to justice" and "one of the most discriminatory bills of 2024."

Lawmakers were set to vote on a bill today that would amend the Tennessee Constitution to give Tennessee judges more discretion to approve or deny bail for the crimes covered by the 2022 “Truth in Sentencing” law, a mandatory-minimum law for violent offenses, News Channel 5 reports. The proposal would apply to violent offenses like acts of terrorism, second degree murder, aggravated rape of a child and more. It also would require those who commit those crimes to serve more of their sentence if convicted. The change would have to be approved by a simple majority of both chambers this year and by two-thirds of both chambers in 2025 before being placed on the November 2026 ballot as a yes/no question. House Speaker Cameron Sexton, R-Crossville, introduced the proposal in February. The measure has already passed the Senate.

Gov. Bill Lee says he is “extremely disappointed” that his proposed school choice plan will not make it into law this year. The comments came after the House and Senate appeared unable to negotiate on certain stipulations, including testing requirements, WKRN reports. According to the news source, the Senate had no issue with how schools administer tests, but House leaders wanted to limit end-of-course exams to increase instruction time. Lee said he was disappointed “for the families who will have to wait yet another year for the freedom to choose the right education for their child, especially when there is broad agreement that now is the time to bring universal school choice to Tennessee. While we made tremendous progress, unfortunately it has become clear that there is not a pathway for the bill during this legislative session.”

TBA’s Legislative Updates weekly podcast is now available. Join TBA attorneys and lobbyists Brad Lampley and Ashley Harbin with Adams and Reese as they provide an update on indigent representation funding; the TBA's adoption birth certificate bill, HB2645/SB2632, and adoption clean-up bill, HB2644/SB2633; what to expect next week; and the upcoming adjournment. Legislative Updates airs each week the legislature is in session on the TBA’s Facebook page. It is also released as a podcast on the same day and can be found on the TBA’s website or wherever you listen to podcasts.

The TBA has released a statement on the General Assembly’s recent approval of additional funding to increase the hourly rate for court-appointed attorneys representing the indigent. The funding, included in the budget for Fiscal Year 2024-2025, will raise the reimbursement rate by $10 an hour to $60 an hour, as well as the corresponding caps. TBA President Jim Barry thanked the General Assembly for making indigent representation funding a priority, as well as Chief Justice Holly Kirby, the Tennessee Supreme Court and the Administrative Office of the Courts (AOC) for their leadership and partnership in helping spotlight this critical issue. The TBA had supported the AOC's budget request of $26.145 million, which would have raised the hourly rate to $80. It remains committed to working with stakeholders to secure additional resources to fairly compensate lawyers who do this important work. Read the TBA’s full statement. To learn more about this issue and advocacy efforts on behalf of Tennessee lawyers, visit the TBA’s Indigent Representation Resources webpage. In related news, a story in yesterday’s TBA Today incorrectly stated that the hourly is rate is set by statute. In fact, it is set by the Tennessee Supreme Court through Rule 13. Any proposed rate increase then must be funded by the General Assembly.

The Tennessee House and Senate both passed the budget for Fiscal Years 2024 and 2025 today. HB2973/SB2942 includes $8.6 million in additional recurring funding to increase the hourly rate for court-appointed attorneys representing the indigent. The funding, which was added by the House and Senate Finance committees earlier this week, will raise the rate by $10 an hour to $60 an hour. The appropriation will mark the first time the rate has been increased since 1997. The TBA remains committed to working with stakeholders to secure additional resources to fairly compensate lawyers who do this important work.

The Tennessee Supreme Court has issued notice that the state Senate and House have ratified amendments to the Tennessee Rules of Civil Procedure and Tennessee Rules of Appellate Procedure. The amendments will take effect on July 1.

The Tennessee House and Senate Finance committees have passed the FY2024/25 budget, HB2973/SB2942, which includes $8.6 million in additional recurring funding to increase the hourly rate an additional $10 an hour for court-appointed attorneys representing the indigent. Tennessee’s court-appointed attorneys, who represent indigent citizens who are statutorily and constitutionally entitled to legal counsel, are the lowest paid in the country, and have not had their hourly reimbursement rate raised in 26 years. The TBA has worked hand in hand with the Supreme Court and the Administrative Office of the Courts to encourage the General Assembly to fairly compensate attorneys representing the indigent. During the House Finance, Ways and Means Subcommittee meeting, House Finance Committee Chair Patsy Hazlewood, R-Signal Mountain, stated, “This is a start. It’s not market compensation, but it will allow us, hopefully, to address a problem. It’s very difficult for judges to find attorneys to take these indigent cases, so with additional funding, hopefully we will be able to get more cases through our system and stop the roadblocks.” The next step for the budget is passage by the House and Senate before they adjourn next week.