TBA Law Blog


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Posted by: Julia Wilburn on Apr 9, 2024

Rep. Antonio Parkinson, D-Memphis, and Sen. Paul Bailey, R-Sparta, are co-sponsoring a bill that would allow a judge to restore someone’s right to vote separate from other rights, including those regarding gun possession, jury service, holding public office and certain fiduciary powers. The Associated Press reports that SB2913/HB2380 seeks to undo restrictions established in July 2023, when election officials interpreted a state Supreme Court ruling as requiring people convicted of felonies to get their full citizenship rights restored by a judge, or show they were pardoned, before they can apply for reinstated voting rights. In January, the elections office confirmed that voting rights restoration also requires getting back gun rights. A group of Democratic lawmakers previously asked the U.S. Department of Justice to investigate that policy.

Posted by: Julia Wilburn on Apr 9, 2024

The Senate on Monday unanimously passed legislation requiring minors to have parental consent to create social media accounts. The Associated Press reports that lawmakers are hoping to require social media companies to provide parents with options to view privacy settings, set daily time restrictions and implement mandatory breaks. If enacted, the state attorney general would be permitted to investigate and sue social media platforms for violations.

Posted by: Julia Wilburn on Apr 8, 2024

A bill to require public schools in Tennessee to teach children age-appropriate firearms safety concepts as early as pre-Kindergarten is on its way to Gov. Bill Lee’s desk after a final Senate vote last week. The Senate passed HB2882 in a party-line vote of 24 to 3 last Thursday. It passed the House of Representatives in February. Sponsor Sen. Paul Bailey, R-Sparta, said, "This curriculum would be developed to instruct children on how to properly stay away from a firearm if they happen to see a firearm, and what to do as far as reporting if they find a firearm." Sen. Jeff Yarbro, D-Nashville, argued that the training requirement represents a hurried effort to address the symptom of a systemic problem, and lawmakers should be doing more to address the root cause. The Tennessean has the story.

Posted by: Julia Wilburn on Apr 5, 2024

A bill that would require public school students to watch a video on fetal development, or something comparable, produced by anti-abortion group Live Action is headed to Gov. Bill Lee's desk for his signature. The Associated Press reports that SB2767, sponsored by Sen. Janice Bowling, R-Tullahoma, mirrors similar proposals, all backed by the group, that have popped up this year in Iowa, Kentucky, Missouri and West Virginia. North Dakota was the first state to adopt the idea last year. The video has been criticized by some educators and physicians, and the American College of Obstetricians and Gynecologists has said the video is anti-abortion misinformation “designed to manipulate the emotions of viewers.” Bowling says, “It does show conception and it’s an AI-type of film, but it’s medically correct ... And it shows the moment when the sperm unites with the egg, and that is the beginning of life.”

Posted by: Julia Wilburn on Apr 5, 2024

TBA’s Legislative Updates podcast is new this week with attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Ashley Harbin. This week they discuss HB2710/SB2254 (the TBA Conservatorship bill), HB2645 (the adoption birth certificate bill), HB2002 (removing two Shelby county judicial districts), HB2215/SB2448 (the Real Estate Fraud Reduction Act), and HB2644 (the adoption clean-up bill.) Legislative Updates airs each week 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.

Posted by: Julia Wilburn on Apr 5, 2024

A bill to let some Tennessee public school teachers carry handguns advanced Tuesday in a 7-1 vote in the Senate Judiciary Committee. SB1325/HB1202, co-sponsored by Sen. Paul Bailey, R-Sparta, and Rep. Ryan Williams, R-Cookeville, would let a teacher or staff member carry a concealed handgun at school after completing 40 hours of certified training in school policing at their own expense, as well as passing a mental health evaluation and FBI background check. Chalkbeat reports that parents would not be notified if their student’s teacher is armed. "The director of schools, principal and the chief of the local law enforcement agency are the only ones notified of those permitted to carry,” Bailey told senators, "and they are not to disclose if someone is or is not permitted to carry on school grounds." Sen. London Lamar, D-Memphis, was the lone vote against the measure, saying, "I do not think that it is the responsibility of teachers in our state, who have taken the oath to educate our children, to now become law enforcement officers."

Posted by: Stacey Shrader Joslin on Apr 4, 2024

Tennessee State University (TSU) is considering suing the state over 30 years of underfunding, WSMV reports. The move comes after the federal government found that the state owes TSU $2.1 billion. Leaders argue that funds meant for the school went to predominantly white schools across the state instead. The university has been in the news recently after the state legislature voted to vacate its board of directors and Gov. Bill Lee appointed new members. The news source notes that similar lawsuits filed by other historically black colleges and universities (HBCUs) have been successful.

Posted by: Stacey Shrader Joslin on Apr 3, 2024

Members of the Senate Judiciary Committee recently voted 5-3 to advance legislation that would move two judicial seats from Shelby County to other locations in the state. Before voting, the members heard from Memphis Bar Association member Justin Joy, who testified against the measure. Specifically, the bill, SB2517/HB2002, would move the circuit court seat held by state Supreme Court designee Mary Wagner to the East Tennessee district composed of Cocke, Grainger, Jefferson and Sevier counties, while the criminal court seat previously held by Melissa Boyd would go to Montgomery and Robertson counties. Sen. Brent Taylor, R-Memphis, offered an unsuccessful amendment to keep the positions in Memphis, but then was able to add language stating that if the bill becomes law, there should be an identifiable backlog where those cases could be distributed to circuit court judges with concurrent jurisdictions. Read more from Action News 5. The House Civil Justice Committee also approved its version of the bill yesterday, sending it to the Finance, Ways, and Means Subcommittee.

Posted by: Stacey Shrader Joslin on Apr 3, 2024

A bill that would make it a felony to help pregnant minors get abortion care, even if it includes taking them out of state, passed the Senate Judiciary Committee yesterday. It is now headed to the Senate Calendar Committee to be scheduled for a floor vote, WBIR reports. The bill, SB1971/HB1895 – introduced by Rep. Jason Zachary, R-Knoxville, and Sen. Paul Rose, R-Covington – passed the House Health Committee in February, but was placed behind the budget in the House's Finance, Ways and Means Subcommittee.

Posted by: Julia Wilburn on Apr 2, 2024

Shelby County Criminal Court Judge Melissa Boyd has resigned her position effective immediately, rather than wait until May 31, as she previously planned. According to the Daily Memphian, the resignation will stop a planned vote by the state legislature on Thursday to remove her from the bench. Boyd was recommended for removal in January by the Tennessee Board of Judicial Conduct, which oversees disciplinary proceedings for judges in the state. A joint committee of state legislators voted unanimously March 14 in favor of that recommendation. Rep. William Lamberth, R-Portland, who co-chaired the committee, told the news outlet Monday that if Boyd were to resign effective immediately, it would be accepted and there would be no need for a vote.


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