TBA Law Blog


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Posted by: Julia Wilburn on Mar 22, 2024

The Senate on Thursday passed a bill to vacate Tennessee State University's (TSU) board of directors in a 25-6 vote. All six senators who voted against the bill were Democrats. The Tennessean reports that the bill has stirred intense controversy over $2.1 billion in historic underfunding of TSU by the state and disparities in how TSU has been treated by lawmakers. University leaders have pleaded with lawmakers to extend the current board and allow it to build upon the progress it has made in the last year. The House version of the bill is at odds with the newly passed Senate version, instead moving to keep three of the board's 10 members, along with its student and faculty trustees, and is set for a full House vote on March 28.

Posted by: Julia Wilburn on Mar 22, 2024

TBA’s Legislative Updates podcast is back with attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorneys and TBA lobbyists, Brad Lampley and Ashley Harbin. They recap TBA's Day on the Hill, discuss HB2644/SB2633 (adoption clean-up bill), HB2002/SB2517 (Memphis judge bill) and funding for indigent representation. TBA President Jim Barry and Bedford County attorney Garrett Haynes testified before the House Civil Justice Committee during Day on the Hill. You can view their testimony at this link by clicking the Tennessee Bar Association tab. 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: Stacey Shrader Joslin on Mar 21, 2024

For years, information about Tennessee sex offenders have been just a few keystrokes away. Now, Tennessee lawmakers are considering a move that would create a similar registry for domestic violence offenders, according to News Channel 5. The proposed registry, passed by the Senate Judiciary Committee yesterday, would differ from the sex registry in several ways, including: requiring the victim's consent to place a name on the registry, omitting specific addresses, and tying the duration of the name on the registry to the number of offenses committed. In commenting on the bill, the Tennessee Bureau of Investigation said it would cost around $500,000 to operate each year. The Tennessee Coalition to End Domestic Violence and Sexual Assault is taking a neutral stance on the bill, saying that such registries can have unintended impacts on survivors. Track action on SB2277/HB2898 here.

Posted by: Julia Wilburn on Mar 19, 2024

Victims of sexual assault in Tennessee will soon get more time to receive financial compensation, reports WPLN. Current state law allows a victim of sexual assault one year to pursue civil action. A recently passed bill would extend that time frame to three years and is on its way to Gov. Bill Lee for his signature. Two other bills recently passed the Senate. The Parental Accountability Act would allow juvenile court judges to require parents to pay restitution of up to $1,000 for every crime their child commits after being arrested, while the Juvenile Organized Retail Theft Act would allow juveniles 15 years of age or older to be transferred to criminal court for smash and grabs, or for stealing firearms from vehicles. These bills now have been assigned to a House subcommittee. Action News 5 has more.

Posted by: Julia Wilburn on Mar 19, 2024

The Tennessee House of Representatives last week advanced HB2124/SB2576, which would require law enforcement agencies in the state to communicate with federal immigration authorities if they discover people are in the the country without documentation. It also would broadly mandate cooperation in the process of identifying, catching, detaining and deporting these individuals, the Associated Press reports. The bill is now pending in the Senate, where the State and Local Government Committee advanced it to the Calendar Committee. Opponents of the bill say that the "way it’s written, the bill could raise legal confusion and worsen tensions between law enforcement and immigrant communities by making local officers de-facto immigration agents."

Posted by: Stacey Shrader Joslin on Mar 18, 2024

A bill sponsored by Sen. Jeff Yarbro, D-Nashville, passed the full state Senate last week, according to the Nashville Post, but has not been passed by the House Children and Family Affairs Subcommittee yet. The bill, SB1048/HB1032 would set new caseload requirements for the Department of Children’s Services (DCS) and require the department to employ special response team personnel to help maintain standard caseloads. DCS also would have to notify the governor, members of the General Assembly and the Tennessee Commission on Children and Youth if requirements are not met.

Posted by: Stacey Shrader Joslin on Mar 18, 2024

A bill making its way through the Tennessee legislature would require some domestic violence offenders to wear GPS monitoring devices so survivors can tell if they are nearby. If enacted, the bill would allow courts to require offenders to avoid contact with survivors and wear GPS tracking devices before allowing release on bond. The bill would apply to people arrested for stalking, aggravated stalking or especially aggravated stalking, as well as any kind of offense specifically against another person, such as assault, kidnapping or rape. Survivors also would have the opportunity to pay for an app that notifies them if offenders are near their location. SB1972/HB2692 has passed committees in both the Senate and House and has been placed behind the budget since it contains a $65,800 fiscal note. WBIR has the story.

Posted by: Julia Wilburn on Mar 15, 2024

A bill blocking local governments from passing police reform on traffic stop policies is heading to Gov. Bill Lee's desk after it passed the Senate. The Commercial Appeal reports that the bill passed with 26 "yes" votes and six "no" votes along party lines, with all Memphis and Nashville Democrats voting against it. The bill would directly nullify an ordinance passed by the Memphis City Council in the wake of Tyre Nichols being fatally beaten by now-former Memphis Police Department officers. The ordinance prevents police from conducting low-level traffic stops, often called "pretextual traffic stops." Nichols' parents have objected to the bill throughout the legislative process. According to the Daily Memphian, they now have requested a meeting with Lee and asked him to veto the bill.

Posted by: Julia Wilburn on Mar 15, 2024

A new episode of the Legislative Updates podcast is live! Join attorney and TBA lobbyist Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley as they discuss committees closing for this legislative session, as well as TBA's upcoming Day on the Hill and Big Shrimp Legislative Reception, which will be held in Nashville on March 20. These events give Tennessee lawyers an opportunity to meet with their legislators and talk to them about issues important to the profession, including funding for indigent representation. Registration for the events will close on Monday. 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: Stacey Shrader Joslin on Mar 14, 2024

A special committee of House and Senate members has unanimously recommended removing Shelby County Criminal Court Judge Melissa Boyd from the bench, the Commercial Appeal reports. The move comes after the state Board of Judicial Conduct issued a public reprimand to Boyd for refusing to undergo counseling after admitting to using marijuana and cocaine. The board referred the case to the General Assembly, which has the sole authority to remove judges from office. Representatives of the board were at the hearing to answer questions. In related news, Boyd has separately pleaded not guilty to charges of witness coercion and harassment.


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