TBA Law Blog


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Posted by: Stacey Shrader Joslin on Dec 21, 2022

A new bill introduced in the state legislature would require the Tennessee Bureau of Investigation (TBI) to test sexual assault evidence kits within 30 days, the Commercial Appeal reports. The legislation, introduced by Sen. London Lamar, D-Memphis, is the first measure filed to address the backlog in Tennessee. The TBI drew sharp scrutiny earlier this year after the high-profile kidnapping and murder of Eliza Fletcher in Memphis. Lawmakers in both parties have signaled the Fletcher case will lead to new criminal justice legislation during the upcoming 113th Tennessee General Assembly, which convenes Jan. 10, 2023.

Posted by: Stacey Shrader Joslin on Dec 21, 2022

State Sen. Todd Gardenhire, R-Chattanooga, has filed a bill that would create a 180-day window for former incarcerated individuals to pay court restitution. In announcing the measure, Gardenhire said of newly released individuals: you are “wearing a big red letter on your forehead, and it’s hard to get a job. Nobody trusts you.” Then all of a sudden they have to start paying fines. “It just puts them further behind.” WKRN reports that fees and costs vary by case but generally run as low as a few hundred dollars to as high as $50,000 dollars. The bill currently has bipartisan support.

Posted by: Kate Prince on Dec 20, 2022

Shelby County commissioners have voted to delay the appointment of a District 86 representative until after the special primary in January, the Daily Memphian reports. The state House seat was made vacant by the death of Rep. Barbara Cooper, D-Memphis, who won her election in November despite having passed away in October. Commissioners chose to appoint the winner of the Jan. 24 Democratic primary. That person will serve until the results of the March election are certified. With no Republican or independent challengers, the March general election is a formality. Ten people have qualified to run for the seat. Commission Chairman Mickell Lowery will move to appoint the primary winner during a Feb. 1 meeting.  

Posted by: Stacey Shrader Joslin on Dec 16, 2022

Two weeks after narrowly losing a bid for re-election as House Democratic Caucus chairman, Rep. Vincent Dixie, D-Nashville, says House Speaker Cameron Sexton interfered in his leadership election by leaning on colleagues to vote against him. Dixie was defeated by Rep. John Ray Clemmons, D-Nashville, by one vote. “[Sexton] made threats that there would not be certain things that would take place if I was the chairman,” Dixie told Tennessee Lookout this week. Asked if he threatened Democrats, Sexton said, “Neither I nor any Republican had a vote in their caucus meeting; it was up to Rep. Dixie to get a simple majority ... which apparently he was unable to achieve.”

Posted by: Kate Prince on Dec 15, 2022

Tennessee House Speaker Cameron Sexton yesterday announced that he has named attorney Kevin Johnson as chief of staff, the Chattanoogan reports. Johnson has served as general counsel and senior advisor to the speaker since 2019. He has previously served as counsel, campaign manager and field representative for Congressman David Kustoff. In his new role, Johnson will be responsible for managing daily operations within the state House, overseeing strategic projects and he will continue serving as chief legal counsel to Sexton.

Posted by: Kate Prince on Dec 15, 2022

Democrats in the state Senate this week voted for a complete overhaul of their leadership team, the Tennessean reports. Sen. Raumesh Akbari, D-Memphis, will serve as the new minority leader, Sen. London Lamar, D-Memphis, as caucus chair and Sen. Charlane Oliver, D-Nashville, as vice-caucus chair. Senate Republicans made no changes to the top of their leadership teams.

Posted by: Stacey Shrader Joslin on Dec 9, 2022

Sen. Todd Gardenhire, R-Chattanooga, is sponsoring new legislation that would extend Tennessee’s private school voucher program to Hamilton County Schools, Chalkbeat reports. Gardenhire said he has a co-sponsor lined up in the House but declined to identify the individual. The voucher program currently operates only in Memphis and Nashville.

Posted by: Kate Prince on Dec 8, 2022

The Tennessee Textbook and Instructional Materials Quality Commission is again asking lawmakers for more support as it tries to navigate the implementation of a new state law, the Tennessean reports. The commission is tasked with issuing statewide guidance on the library materials law, including what is age-appropriate, which is not settled in state law, in addition to establishing an appeals process for local decisions on contested materials. The guidance is still in draft form despite a Dec. 1 due date. Commission members yesterday voted in favor of requesting a review from Tennessee's attorney general or the Department of Education's legal team. "We have gotten zero guidance from any attorneys, and we're just out here as volunteers doing this," said commission member and Tipton County Schools superintendent John Combs.

Posted by: Kate Prince on Dec 6, 2022

Senate Majority Leader Jack Johnson, R-Williamson, has sponsored a measure that would close public records in non-criminal death investigations, the Tennessee Lookout reports. Senate Bill 9 would conceal law enforcement investigative reports, 911 recordings, photographs and any other records connected to a death if law enforcement agencies determine it was not the result of a crime. The legislation comes after the suicide of country music legend Naomi Judd, whose family filed a complaint against the Williamson County Sheriff’s Office to stop the release of information from its investigation. The Tennessee Coalition for Open Government is lobbying against the bill, which it says could impose on the public’s right to critical information related to law enforcement investigations.

Posted by: Stacey Shrader Joslin on Nov 30, 2022

Tennessee Rep. Yusuf Hakeem, D-Chattanooga, says he is working on a bill that would allow exemptions to the state’s ban on abortion for rape, incest and the health and life of the mother. The state’s so-called “trigger law,” which took effect after the U.S. Supreme Court ruling in Roe v. Wade, only addresses the life of the mother — providing an affirmative defense to criminal charges that requires doctors to prove that an abortion was necessary to save the life of the mother. WDEF reports on Hakeem’s plans.


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