Two new abortion-related bills have been filed in the state House. According to the Tennessean, Majority Leader William Lamberth, R-Portland, and Senate Majority Leader Jack Johnson, R-Franklin, have introduced HB 1663/SB1834, which would allow juries to impose the death penalty on adults convicted of raping a child under 12, with certain aggravating factors. The paper reports that the bill passed a first legislative hurdle in the House Criminal Justice Subcommittee by voice vote. In addition, Rep. Jason Zachary, R-Knoxville, filed HB1895 to establish an "abortion trafficking" felony for adults who help pregnant minors get an out-of-state abortion without parental permission. The legislation would establish a new Class C felony and carry three to 15 years in prison for an adult that "recruits, harbors or transports" a pregnant minor for the purposes of receiving an out-of-state abortion or for getting abortion medication. According to reporting by the Tennessean, parents or legal guardians would be exempt. The legislation also provides for a civil action against a person committing the offense of abortion trafficking of a minor for the wrongful death of an unborn child if the abortion takes place. A similar law in Idaho recently was blocked temporarily by a federal judge. That legislation needs a Senate sponsor before it can advance.

Gov. Bill Lee has announced that he will deliver his sixth State of the State address to the General Assembly on Feb. 5 at 6 p.m. CST. The joint session will take place in the House chamber of the Tennessee State Capitol. The address will be available on Lee’s Facebook and YouTube channels.

State lawmakers have so far filed more than a dozen firearm-related bills to be considered during this session, and they can continue to file legislation through the end of January, reports the Tennessean. Rep. Ryan Williams, R-Cookeville, filed HB 1202 in January 2023, which would allow school staff to carry concealed handguns on campus. It was tabled following criticism from gun-reform advocates after the Covenant School shooting in March, but could be brought for a full House vote at nearly any time. The bill still has to go through the committee process in the Senate. SB 1693, sponsored by Sen. Raumesh Akbari, D-Memphis, would create a state gun violence prevention office within the Tennessee Department of Safety, which would be tasked with collecting data on gun violence with an aim at developing prevention strategies. The proposal needs a House sponsor before it can move forward. Rep. Gino Bulso, R-Brentwood, and Sen. Joey Hensely, R-Hohenwald, have filed HB 1631, which they say would clarify existing state law that allows private schools serving kindergarten through 12th grade to adopt a handgun carry policy. HB 1667, filed by Rep. Caleb Hemmer, D-Nashville, and sponsored in the Senate by Sen. Jeff Yarbro, D-Nashville, authorizes local governments to regulate gun storage in unoccupied vehicles. The proposal would apply only to counties with a population over 98,800. House Majority Leader William Lamberth, R-Portland, and Sen. Jon Lundberg, R-Bristol, introduced HB 1640 which would block criminal defendants who are deemed mentally incompetent and unable to stand trial from legally buying or possessing a gun. The legislation would also require courts to report the incompetency findings to the FBI and Tennessee Department of Safety.

The Tennessee General Sessions Judges Conference recently sent a letter to Gov. Bill Lee, Lt. Gov. Randy McNally, House Speaker Cameron Sexton and members of the Tennessee General Assembly in support of efforts to increase funding for indigent representation in the state. The letter states, in part, that "the current rate of pay was originally set in approximately 1997, and it has not been raised, except for the equalization of the out-of-court rate and in-court rate several years ago. Certainly, the current hourly rate of pay for court-appointed attorneys has made it very difficult for the Tennessee General Sessions Courts to find a sufficient number of attorneys able and willing to represent indigent litigants, especially indigent criminal defendants, and constitutes an ongoing problem for our state's judicial system." Read the full text of the letter. Learn more about funding for indigent representation from TBA's Government Affairs team. 

The Tennessee General Assembly, which earlier canceled work on Tuesday, now will remain out for the rest of the week, House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, said in a joint statement, the Tennessean reports. "Due to the extreme weather, dangerous temperatures and resulting treacherous road conditions, we have decided to close the Cordell Hull Building and cancel all official legislative meetings for the rest of this week," the two legislative leaders said. Due to winter weather, Gov. Bill Lee closed all state offices on Tuesday and Wednesday as well.

Tennessee legislators intend to thwart future legal challenges to the state’s franchise tax by eliminating a provision in the 1935 law that faces a “pending challenge," state Revenue Commissioner David Gerregano said this week. According to the Tennessee Journal, Gerregano told Senate Finance Chair Bo Watson, R-Hixson, that tax experts in his department identified a “significant legal risk” in the way the tax is structured, which could prove “extremely costly” to Tennessee taxpayers. Companies doing business in Tennessee face paying business franchise and excise taxes of 0.25%. The franchise tax is projected to raise $1.732 billion in the current budget year.

The Tennessee legislature is back in session, and lawmakers are focused on your issues. The Tennessee Supreme Court recently announced its intention to ask the governor and General Assembly to increase compensation for court-appointed attorneys in the juvenile and criminal courts. Court-appointed attorneys, who represent the indigent, including children, are grossly underpaid in Tennessee. Because of this, fewer and fewer attorneys can afford to take cases representing the indigent, resulting in a crisis in our legal system. It’s time for Tennessee attorneys to convey to their elected legislators how serious this problem is and the toll it is taking on the entire judicial system. Learn more from the TBA Government Affairs team and then reach out to your legislators and ask them to support increased funding for indigent representation (find your Tennessee legislators here). Also, please respond to this survey and join TBA’s Grassroots Advocacy efforts to receive action alerts as relevant policy issues arise, including indigent representation. Finally, please sign up to join us for TBA Day on the Hill on March 20.

Tennessee Gov. Bill Lee last week unveiled the "Ensuring Likeness Voice and Image Security (ELVIS) Act," a first-of-its-kind bill aimed at protecting singers and songwriters from unlawful use by artificial intelligence (AI), reports WSMV4. Lee made the announcement at historic RCA Studio B in Nashville, where Elvis Presley recorded for over a decade. The bill would prohibit people from using AI to replicate a performer’s voice without permission and would add an artist’s voice to existing image and likeness protections in Tennessee.

State Rep. Gino Bulso, R-Brentwood, has introduced a bill that would block state courts from hearing challenges to any internal rule, regulation or procedure adopted by the General Assembly. The Tennessean reports that the proposed measure, HB165, would not apply to laws passed by the legislature, which are routinely challenged in state court. Bulso says he decided to file the bill after Davidson County Chancellor Anne Martin blocked a House rule about access to committee hearings this past summer.

State Rep. Vincent Dixie, D-Nashville, has asked Tennessee Attorney General Jonathan Skrmetti to weigh in on the state House’s new policy requiring tickets for the public to sit in the West Gallery during legislative proceedings. The change was adopted yesterday as part of a new rules package. News Channel 5 has more on the story.