The State Senate approved major law and order legislation this week as the General Assembly worked diligently towards adjournment of the 2014 legislative session.   In addition, the Senate Judiciary Committee approved two bills sponsored by Sen. Mae Beavers that further emphasize our 2nd Amendment rights.  Finally, the state budget also moved front and center, as Governor Bill Haslam presented an amendment to his fiscal year 2014-2015 spending plan, identifying $160 million in reductions due to an ongoing decline in revenue collections.
Unlike the federal government, the Tennessee Constitution requires state government to balance its budget every year.  This careful budgeting practice has kept the state in better shape to withstand periods of revenue downfalls.
State Senate Approves Legislation Cracking Down on Sex Offenders and Giving Victims More Rights
The State Senate acted on several bills this week that crack down on sex offenders, including legislation to make it less attractive for those convicted of the crime to move to Tennessee. Senate Bill 2398 allows any county or city to establish a community notification system by a two-thirds vote of the local legislative body.  This community notification system will notify certain residences, schools and childcare facilities within that local government’s boundaries that a sexual offender resides or intend to live within a certain distance of such residences, schools, and childcare facilities.  The bill follows similar laws in other states, including Alabama.  In addition, the full Senate approved Senate Bill 1131 to help ensure child sex abuse is reported.  The bill adds to the list of individuals who must report any known or suspected child sex abuse any authority figure at a community facility, including any facility used for recreation or social assemblies, for educational, religious, social, health, or welfare purposes.  Failure to report known or suspected child abuse is a Class A misdemeanor.
 
State Senators gave final approval to legislation to help protect students from sex offenders and other violent criminals while at school.  Current law requires the Tennessee Bureau of Investigation (TBI) to perform background checks on vendors who do contract work with schools in Tennessee.  Senate Bill 2356 seeks to tighten a law passed last year by adding more offenses and jurisdictions to these background checks including statutory rape by a non-authority figure, aggravated kidnapping of an adult, child abuse, child neglect, aggravated robbery and voluntary manslaughter.  It allows the TBI to investigate the potential of interest background for a broader timeframe than was previously granted to ensure that sex offenders and violent criminals cannot slip through the cracks.
Bills Passed to Strengthen 2nd Amendment Rights
Open v. Concealed Carry of Firearms – The Senate Judiciary Committee passed two bills, sponsored by Sen. Beavers, which seek to further strengthen our 2nd Amendment rights.  Senate Bill 2424 revises our handgun carry statutes to allow law-abiding citizens to carry firearms openly without a permit as long as those firearms are legally owned and not concealed.  The bill puts Tennessee in line with a majority of states, and still allows for permits to be issued to those wishing to carry concealed handguns.  In addition, the committee approved Senate Bill1204, which reduces the amount a person must pay for a current handgun carry permit application, as well as a renewal application.
 Veterans / Firearms – Veterans of the U.S. Armed Forces who have training in handling firearms would be able to opt out of mandatory handgun permit firing range and classroom training requirements under legislation approved by the State Senate on Monday evening.  Senate Bill 1725 exempts honorably discharged or retired veterans of the U.S. Armed Forces from the firing range and classroom training requirements for obtaining a handgun carry permit when the veteran submits a certified copy of the Department of Defense DD Form 214 that documents the veteran was discharged or retired within five years of the handgun carry permit application.  The DD Form 214 is the capstone military service document, as it represents the complete, verified record of a U.S. Armed Services member.  Under the bill, the veteran must have successfully completed a minimum of four hours of handgun training during their military service.
Handguns / Prior Statutes – The State Senate has passed Senate Bill 2031 which clarifies an issue that came to light after passage of the safe commute law last year.  The bill removes all prohibitions passed by the General Assembly prior to 1986 with regard to the possession, transportation, or storage of firearms and firearms ammunition by handgun carry permit holders, repealing many outdated and antiquated measures on the law books which restricted gun rights from years past.
Community Safety Act – Targeting Gang Crime
The Community Safety Act, which aims to curb gang crime, has been approved by the Senate Judiciary Committee, as the General Assembly acted on several major law and order bills this week.   Senate Bill 1634 would clarify that a petition for the abatement of gang-related conduct may be filed against a criminal gang itself to which the members belong.  The court would have the authority to restrict gang activity in certain geographic locations.
Gang-related offenses include crimes that Tennessee communities combat every day, such as robbery, carjacking, and drug possession with intent to sell, among other more violent offenses.  This year’s legislation builds on a law passed in 2013 that changed the definition of “criminal gang offense” from a vague and broad definition to a specific list of offenses to make it easier for prosecutors to seek a greater sentence.  Other laws enacted since 2011 create tougher sentences for certain types of crimes committed by three or more acting in concert and tougher sentences for convicted felons who persist in illegally possessing guns.  Gang-related crimes are of increasing concern across Tennessee, in the state’s rural and urban communities.  This bill builds on legislation already passed by the General Assembly to provide an effective tool to communities plagued with violent gang activity.
 The bill would require gang-related conduct to be proven beyond clear and convincing evidence. It includes an opt-out provision that would allow a gang member to be dismissed from an injunction if he or she renounced membership.  The proposal would also make it a Class C misdemeanor for a gang member to knowingly violate any temporary or permanent injunction.