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Tennessee Coalition to End Domestic and Sexual Violence Legislative Update

Our member group Tennessee Coalition to End Domestic and Sexual Violence sent out their Legislative Update for 2012. To learn more about the Coalition visit their website.
The Tennessee General Assembly is back in session and off to a running start. We are thrilled that Governor Haslam has made domestic violence part of his crime package this session. SB2251/HB2389 increases punishment for second and subsequent convictions for domestic assault.

Senator Charlotte Burks and Representative Sherry Jones have filed SB3145 and HB3579 which establishes reporting procedures for medical personnel when treating a victim of sexual assault or domestic violence. Senator Marerro and Representative Coley have filed a number of bills to strengthen anti-trafficking efforts across Tennessee.

While we are still sorting through all the bills that have been filed , I wanted to go ahead and send you our bill tracking list. These are the bills we are keeping an eye on. Some of them are good, some of them are bad and quite a few are down right ugly. We’ll do our best to keep you informed as these bills move through the general assembly.

I hope you will join us on for our policy briefing on February 13 and our annual Day on the Hill Event on the 14th. This is a great opportunity for you to meet with your legislators and to learn more about the legislative process.

SB10 / HB454 Driver license exams must be in English
Category Transportation Vehicles
Sponsors Sen. Bill Ketron / Rep. Sheila Butt
Description Requires that all driver license or intermediate driver license written examinations be in English beginning July 1, 2011.
Senate Status 01/18/2012 – Taken off notice in Senate Transportation.
House Status 04/05/2011 – House General Subcommittee of Transportation deferred to first calendar of 2012.

SB49 / HB229 Teaching of sexuality in elementary and middle schools.
Category Education
Sponsors Sen. Stacey Campfield / Rep. Bill Dunn
Description Prohibits a public elementary school or middle school from the teaching of or furnishing of materials on human sexuality other than heterosexuality.
Senate Status 05/20/2011 – Senate passed with amendment 5.
House Status 01/18/2012 – House General Subcommittee of Education deferred to Curriculum Calendar.

SB70 / HB42 Animal cruelty – additional penalties.
Category Criminal Law
Sponsors Sen. Doug Overbey / Rep. Bob Ramsey
Description Requires, instead of allows, law enforcement officers to take a person’s vehicle when the person has been arrested for transporting or confining an animal in a cruel manner. Requires, instead of allows, the court to prohibit such a person from having custody of other animals for a reasonable time. Requires that a fine between 2,500 dollars and 3,500 dollars be levied on any person convicted of certain cruelty to animals offenses. Requires, instead of allows, that such a person or minor, in some circumstances, undergo a psychological evaluation and counseling paid by the person. Requires, instead of allows, the court to send notification to the appropriate authorities if such a person resides with minors or elderly individuals. Broadly captioned.
Senate Status 02/07/2011 – Referred to Senate Judiciary.
House Status 01/25/2012 – House Agriculture Subcommittee deferred to 2/15/2012.

SB84 / HB21 Establishes office of noncustodial parent advocacy.
Category Family Law
Sponsors Sen. Stacey Campfield / Rep. G.A. Hardaway
Description Creates a pilot project establishing the office of noncustodial parent advocacy to assist unwed noncustodial parents obtain visitation rights to their children.
Senate Status 02/07/2011 – Referred to Senate Government Operations.
House Status 04/05/2011 – Taken off notice in House General Subcommittee of Children & Family Affairs

SB85 / HB95 False report of child abuse or child sexual abuse.
Category Family Law
Sponsors Sen. Stacey Campfield / Rep. G.A. Hardaway
Description Increases the penalty for knowingly making a false report of child abuse or child sexual abuse from a Class E felony to a Class D felony if at the time the report is made the defendant is a party in a custody or visitation determination, the petition or complaint regarding such custody or visitation determination has been filed with the court and served on the person against whom the report is made, the custody or visitation determination involves the person against whom the report is made, and the report is made for the purpose of delay or to gain advantage in the custody or visitation determination.
Senate Status 02/07/2011 – Referred to Senate Judiciary.
House Status 04/27/2011 – House General Subcommittee of Judiciary deferred to 2012.

SB86 / HB24 Notice of intent to move relative to custody.
Category Family Law
Sponsors Sen. Stacey Campfield / Rep. G.A. Hardaway
Description Requires a parent desiring to relocate outside the state or more than 100 miles from the other parent to send notice of the move to the other parent no later than 90 days, rather than 60 days, before the move.
Senate Status 03/07/2011 – Senate passed with amendment 1.
House Status 01/31/2012 – House General Subcommittee of Children & Family Affairs deferred to 02/14/2012.

SB126 / HB416 Order of protection’s effects on custodial arrangements.
Category Family Law
Sponsors Sen. Stacey Campfield / Rep. G.A. Hardaway
Description Prohibits custodial arrangements from being changed due to an order of protection against the custodial parent unless the child is the victim of child abuse or the effects of domestic violence.
Senate Status 02/11/2011 – Referred to Senate Judiciary.
House Status 02/16/2011 – Referred to House General Subcommittee of Children & Family Affairs.

SB306 / HB520 Exempts handgun permit holders from background check.
Category Criminal Law
Sponsors Sen. Steve Southerland / Rep. David B. Hawk
Description Exempts handgun carry permit holders from criminal background check requirement when purchasing a firearm if the permit was issued or renewed no more than five years prior to the date of the transaction.
Senate Status 02/01/2012 – Re-referred to Senate Calendar Committee.
House Status 02/21/2011 – Referred to House General Subcommittee of Judiciary.

SB498 / HB813 Depiction of minor in pornographic material.
Category Criminal Law
Sponsors Sen. Joe M. Haynes / Rep. Mike Turner
Description Establishes that it is an offense for any person to knowingly possess, sell or distribute material that includes an adapted or modified depiction of an identifiable minor engaged in sexual activity or simulated sexual activity. Establishes various classes of felony based on the number of individual images possessed or sold.
Senate Status 05/20/2011 – Taken off notice in Senate Finance, Ways & Means.
House Status 05/19/2011 – House General Subcommittee of Finance deferred to 2012.

SB606 / HB168 Increases punishment for domestic assault.
Category Criminal Law
Sponsors Sen. Beverly Marrero / Rep. Jim Coley
Description Increases punishment for fourth or subsequent domestic assault or criminal violation of order of protection from Class A misdemeanor to Class E felony.
Senate Status 02/16/2011 – Referred to Senate Judiciary.
House Status 04/20/2011 – Taken off notice in House General Subcommittee of Judiciary.

SB613 / HB609 Criminal background check for ice cream truck worker.
Category Professions & Licensure
Sponsors Sen. Bo Watson / Rep. Richard Floyd
Description Requires each applicant for position of ice cream truck worker to submit to a criminal background check. Prohibits persons on the sexual offender registry or convicted of certain sexual offenses from being employed as an ice cream truck worker.
Senate Status 04/20/2011 – Taken off notice in Senate Commerce, Labor & Agriculture.
House Status 04/13/2011 – Taken off notice in House General Subcommittee of Commerce.

SB641 / HB433 Performing of abortion when fetus is viable.
Category Criminal Law
Sponsors Sen. Mike Bell / Rep. Matthew Hill
Description Clarifies that a legal abortion or attempt to procure a miscarriage that is performed during viability of the fetus must be performed in a hospital. Broadly captioned.
Senate Status 03/18/2011 – Taken off notice in Senate Judiciary.
House Status 01/24/2012 – Taken off notice in House General Subcommittee of Health & Human Resources.

SB643 / HB436 Ambulatory surgical centers performing abortions.
Category Health Care
Sponsors Sen. Mike Bell / Rep. Matthew Hill
Description Increases from $2,000,000 to $3,000,000 the required amount of medical malpractice liability that ambulatory surgical treatment centers performing abortions must maintain. Requires that the administrator of an ambulatory surgical treatment center that performs abortions to be either a licensed physician or a registered nurse rather than also allowing a licensed practical nurse or a graduate of a four-year institution that has experience in a health-related field. Adds that the licensed physician or registered nurse must never have been convicted of disciplinary action for violating abortion laws. Raises to $5,000 from $2,000 the maximum civil penalty that board for ambulatory surgical treatment centers may assess for violating regulations.
Senate Status 03/18/2011 – Taken off notice in Senate Judiciary.
House Status 01/24/2012 – Taken off notice in House General Subcommittee of Health & Human Resources.

SB691 / HB1067 Violent crime committed by two or more persons.
Category Criminal Law
Sponsors Sen. Mark S. Norris / Rep. Barrett Rich
Description Imposes higher classifications for certain violent crimes that are committed by three or more persons. Sets the presumptive sentence for such crimes classified as Class A felonies at the maximum within the range. Describes indictment parameters.
Senate Status 04/13/2011 – Taken off notice in Senate Judiciary.
House Status 05/19/2011 – House General Subcommittee of Finance deferred to 2012.

SB713 / HB695 Penalty for second offense domestic assault.
Category Family Law
Sponsors Sen. Jamie Woodson / Rep. Debra Young Maggart
Description Increases the penalties for a second or subsequent conviction of domestic assault to include additional monetary fines and required jail or workhouse time. Allows the judge discretion to order the person to a court-approved anger management and domestic violence treatment program on the second domestic assault offense only.
Senate Status 04/04/2011 – Taken off notice in Senate Judiciary.
House Status 02/01/2012 – Withdrawn in House.

SB770 / HB1578 Lawful Immigration Enforcement Act.
Category Criminal Law
Sponsors Sen. Bill Ketron / Rep. Joe Carr
Description Prohibits the state and local governments, in addition to officials, from interfering with the enforcement of federal immigration laws, including the sending of certain information related to immigration status and whether an alien is in compliance with federal immigration laws. Allows certain voting persons to file complaints concerning interference with such enforcement. Creates the lawful immigration enforcement fund. Establishes new training requirements for police officers. Requires law enforcement officers to request verification of immigration status from individuals reasonably suspected to be illegally present in the country. Allows such individual to present certain identification to be presumed lawfully present in the country. Allows such law enforcement officers to transport the individual if the agency has verified that the person is unlawfully present in the country. Broadly captioned. (Identical to HB 1380 except for punctuation and change in order of Sections 13 and 15).
Senate Status 02/25/2011 – Referred to Senate Judiciary.
House Status 02/02/2012 – Withdrawn in House.

SB780 / HB1380 Lawful Immigration Enforcement Act.
Category Criminal Law
Sponsors Sen. Bill Ketron / Rep. Joe Carr
Description Prohibits the state and local governments, in addition to officials, from interfering with the enforcement of federal immigration laws, including the sending of certain information related to immigration status and whether an alien is in compliance with federal immigration laws. Allows certain voting persons to file complaints concerning interference with such enforcement. Creates the lawful immigration enforcement fund. Establishes new training requirements for police officers. Requires law enforcement officers to request verification of immigration status from individuals reasonably suspected to be illegally present in the country. Allows such individual to present certain identification to be presumed lawfully present in the country. Allows such law enforcement officers to transport the individual if the agency has verified that the person is unlawfully present in the country. Broadly captioned.
Senate Status 05/17/2011 – Senate Judiciary deferred to 2012.
House Status 02/01/2012 – House General Subcommittee of Finance placed behind the budget.

SB805 / HB1491 Reimbursement of lodging for domestic violence victims.
Category Family Law
Sponsors Sen. Mike Bell / Rep. Lois M. DeBerry
Description Allows reimbursement from the criminal injuries compensation fund for the reasonable costs of temporary lodging for the victim of domestic violence, not to exceed 14 days, as long as the lodging organization does not receive other state or federal funds that could pay for such costs.
Senate Status None
House Status 03/02/2011 – Referred to House Judiciary.

SB863 / HB747 Ex parte orders of protection.
Category Family Law
Sponsors Sen. Rusty Crowe / Rep. Matthew Hill
Description Increases the amount of days allowed for a hearing to take place following service of a protection order from 15 to 28 days. Requires a law enforcement officer to file a report with their supervisor when probable cause exists to believe a person is a victim of domestic abuse, stalking, or sexual assault. Requires the report be transferred to a judge who may then issue an ex parte order of protection upon a showing of good cause. Adds language relating to the rules governing protection order hearings to be included on protection orders issued on or after July 1, 2011.
Senate Status 02/25/2011 – Referred to Senate Judiciary.
House Status 02/23/2011 – Referred to House General Subcommittee of Judiciary.

SB865 / HB746 Orders of protection.

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