TBA Law Blog


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Posted by: Kate Prince on Jul 6, 2021

The Administrative Office of the Courts has compiled a list of new state laws that will have an impact on Tennessee’s court system. The list includes laws dealing with data collection in state and juvenile courts, victims rights, sentencing and reentry and more. Several laws were passed to create new courts and dockets, including the creation of the state’s 32nd Judicial District that will cover Lewis, Perry and Hickman counties. Another law extends the Board of Judicial Conduct through June 30, 2025. Browse the full list on the AOC’s website.

Posted by: Stacey Shrader Joslin on Jun 30, 2021

Tennessee’s 112th General Assembly passed and Gov. Bill Lee signed a long list of new laws that will take effect tomorrow. WREG News 3 has a summary of the laws, which include those designed to protect children, curb human trafficking, expand gun rights, and crack down on “porch pirates,” those who steal catalytic converters and those who perform acts of cruelty on animals. Another new law will lead to creation of a task force that will work to find alternatives to incarceration.

Posted by: Liz Slagle Todaro on Jun 29, 2021

Several new state laws intended to protect children are set to take effect on Thursday, including sentencing legislation to prevent parole and probation for those found guilty of certain violent crimes, including child abuse, child sexual abuse, felony solicitation of a minor and producing child pornography, reports The Chattanoogan.com. Also going into effect is Eli’s Law, which allows the Department of Children’s Services (DCS) to investigate the birth of subsequent children born to parents who have had a previous child removed from their custody, as well as Evelyn Boswell’s Law, which provides that parents who do not report children missing to law enforcement within 24 hours could face Class A misdemeanor charges. Other new laws aimed at child protection provide for more DCS oversight of adoptive families receiving subsidies, remove the statute of limitations for commercial sex trafficking of a child and expand the definitions of child neglect and endangerment and severe child abuse to include exposure to certain drugs such as methamphetamines.

Posted by: Stacey Shrader Joslin on Jun 25, 2021

Gov. Bill Lee today signed a new bill into law that will allow victims of violent crimes to seek orders of protection that last their lifetime, WVLT reports. Current laws require victims to go in front of a judge every year to renew orders of protection. The new law also stipulates that if a protection order is not followed, the suspect will have one additional year in prison for each violation. The law will take effect on July 1.

Posted by: Stacey Shrader Joslin on Jun 23, 2021

A panel of federal appellate judges yesterday reinstated a state law requiring first-time voters to cast their ballot in person, reasoning in part that the COVID-19 pandemic is "unlikely to pose a serious threat during the next election cycle." In a 2-1 decision, a three-judge panel of the 6th U.S. Circuit Court of Appeals overturned a lower court's ruling that blocked the restriction on absentee voting ahead of the 2020 general election. In October, the 6th Circuit decided to keep the preliminary injunction in place saying that it did not want to disrupt the rules at that late stage in the election. The Herald Courier has the story from the AP.

Posted by: Stacey Shrader Joslin on Jun 23, 2021

A legislative panel studying the impact of refugee children on Tennessee met for the first time on Friday, Tennessee Lookout reports. With most members questioning the federal government’s transparency in moving children to Tennessee, the cost of housing the children in the state, or the Biden administration's policies at the Southwest border, Republican Sen. Todd Gardenhire took a different approach. He questioned whether the facility housing children in Chattanooga would get a fair hearing before the panel citing "preconceived ideas" of some of his colleagues. He also cast doubt on the idea that the situation in Chattanooga is the fault of the Biden administration, saying the first load of unaccompanied minors arrived there in October 2020 when President Donald Trump was in office. Finally, he asked the panel to request the official flight plan for the plane that brought the children to Chattanooga before members suggest that it stopped in other Tennessee cities along the way, as one member of the panel did earlier in the proceeding.

Posted by: Stacey Shrader Joslin on Jun 18, 2021

State Rep. John Ragan, R-Oak Ridge, has reportedly asked the state attorney general for a formal opinion on whether Davidson County District Attorney General Glenn Funk’s public statements that he will not enforce a new law are grounds for disciplinary action or removal. In May, Gov. Bill Lee signed into a law a new requirement that businesses and government facilities open to the public post a sign if they let transgender people use multi-person bathrooms, locker rooms or changing rooms associated with their gender identity. Funk has been vocal that his office will not pursue charges against anyone who refuses to hang the sign. Ragan says he understands prosecutors have discretion with regard to the cases they bring but takes issue with Funk announcing such decisions in the media, the Tennessean reports.

Posted by: Stacey Shrader Joslin on Jun 17, 2021

Republican members of the House Government Operations Committee yesterday grilled Health Commissioner Lisa Piercey, accusing her department of targeting minors for mass vaccinations without parental consent. The main point of contention centered on how the state is using the “Mature Minor Doctrine,” which holds that youth age 14 to 18 have the ability to make their own health care decisions. Piercey assured the members that, “Under no circumstance is the department encouraging children to seek out vaccination without parental consent.” The committee ultimately ordered Piercey to soften the state’s efforts to vaccinate children, mainly by bringing parents into the fold, and report back in July, Tennessee Lookout reports.

Posted by: Stacey Shrader Joslin on Jun 17, 2021

Refugees will begin arriving in Tennessee in the coming months with resettlement agencies anticipating a total of 452 individuals by fall, the Tennessean reports. At the time Gov. Bill Lee approved the placement of refugees in the state, President Donald Trump was in office and some Republican legislators attempted to undo the decision. Recently, Lee has expressed concern about the Biden administration’s handling of the border and policies "incentivizing the movement of illegal immigrants." He says one of the reasons he supported the Trump refugee resettlement plan was because of the transparency and vetting process being used. Whether he will continue to support refugee resettlement in the state remains unclear. "It’ll be important to see what the Biden administration does with regard to refugee policy," he said when asked.

Posted by: Kate Prince on Jun 15, 2021

Hamilton County businessman and Republican activist Greg Vital announced yesterday that he will vie for Tennessee’s House District 29, the Chattanoogan reports. Vital joins Democrat DeAngelo Jelks in the race for late Rep. Mike Carter’s seat in the General Assembly. Vital is chairman, president and co-founder of Morning Pointe Senior Living and Independent HealthCare properties. In 2012, Vital lost the Republican primary for state senate to Sen. Todd Gardnehire by 40 votes. The Democratic and Republican primary elections are July 27. The general election is Sept. 14.


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