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Legislative Calendar February 25, 2009
STATE OF TENNESSEE
106th General Assembly
HOUSE OF REPRESENTATIVES
Criminal Practice and Procedure of JUD
Wednesday, February 25, 2009 - HHR31 - 12:00 PM
Watson, Chair; Sontany, Vice-Chair;
Bass, Camper, Faulkner, Matheny
1. HB 0082 by *Shaw (*SB 0019 by *Gresham, Ford, O.)
Firearms and Ammunition - As introduced, authorizes current and retired judges who possess a handgun carry permit to carry a firearm under same circumstances and conditions as law enforcement officers and correctional officers. - Amends TCA Title 39, Chapter 17, Part 13.
Fiscal Summary: MINIMAL
TFA OPPOSES THIS LEGISLATION. TFA OPPOSES any legislation which has the effect of granting special privileges to civilians depending on work related criteria and/or prior service (e.g., retired officers, former military). If “current and retired” judges need to carry when they are not working as a judge, then they need to obtain a civilian permit.
2. *HB 0411 by *Pitts (SB 0383 by *Barnes)
Firearms and Ammunition - As introduced, creates Class A misdemeanor offense of attempting to buy firearm when prohibited by law from possessing firearm and attempting or selling firearm to person known to be prohibited by law from possessing firearm. - Amends TCA Title 39, Chapter 17, Part 13.
Fiscal Summary: Increase Local Revenue - Not Significant
Increase Local Expenditures - Not Significant
Increase State Revenue - Not Significant
Increase State Expenditures - Not Significant
TFA OPPOSES THIS LEGISLATION. It proposes to create a new crime which, according to the fiscal summary, has no apparent costs related to enforcement which means that it would not be applied. Federal law already adequately deals with purchases and attempted purchases by prohibited persons.
3. *HB 0959 by *McCord (SB 1126 by *Norris)
Handgun Permits - As introduced, makes information contained in handgun carry permit applications and renewals, information provided to agencies to investigate applicant, and records maintained relative to the permit application confidential and creates Class A fine only misdemeanor of unauthorized publication of permit information or records. - Amends TCA Section 10-7-504 and Title 39, Chapter 17, Part 13.
Fiscal Summary: Not Available
TFA SUPPORTS THIS BILL.
4. *HB 0960 by *McCord (SB 1518 by *Burchett)
Firearms and Ammunition - As introduced, authorizes person with handgun carry permit to possess firearm in local, state, or federal parks. - Amends TCA Title 39, Chapter 17, Part 13 and Title 70.
Fiscal Summary: Not Available
TFA SUPPORTS THIS LEGISLATION – No Restricting Amendments!
5. *HB 0961 by *McCord (SB 1519 by *Burchett)
Firearms and Ammunition - As introduced, authorizes person with handgun carry permit to possess firearm in a refuge, public hunting area, wildlife management area, or on national forest land. - Amends TCA Title 39, Chapter 17, Part 13 and Title 70.
Fiscal Summary: Not Available
TFA SUPPORTS THIS LEGISLATION – No Restricting Amendments!
6. *HB 0962 by *McCord (SB 1127 by *Jackson, Norris)
Firearms and Ammunition - As introduced, allows person with handgun carry permit to carry in restaurants that serve alcoholic beverages as long as such person is not consuming alcoholic beverages and such restaurant is not an age-restricted venue. - Amends TCA Title 39, Chapter 17.
Fiscal Summary: Not Available
TFA SUPPORTS BILLS TO ALLOW PERMIT HOLDERS TO CARRY IN RESTAURANTS. This bill has a pending amendment, however, which will defeat this purpose by adding a “curfew” of from 9pm to 11pm on permit holders only relative to eating in such an establishment. The proposed amendment also has a restriction on “age restricted” locations such that permit holders would not be allowed in those establishments no matter what the time may be.
7. *HB 0716 by *Niceley (SB 0976 by *Faulk)
Handgun Permits - As introduced, allows any resident who has a valid handgun carry permit to possess a handgun while within the boundaries of any state park. - Amends TCA Title 39, Chapter 17, Part 13 and Title 70.
Fiscal Summary: Not Available
TFA HB 0960 and 0961 as having better language on a similar topic.
8. *HB 0414 by *Windle (SB 0565 by *Yager)
Correction, Dept. of - As introduced, authorizes inmate relations coordinators to carry firearms to same extent as correctional officers. - Amends TCA Title 39, Chapter 17, Part 13.
Fiscal Summary: Not Available
TFA neutral so long as is “on the job” only.
9. *HB 0254 by *Casada (SB 0554 by *Norris)
Firearms and Ammunition - As introduced, deletes requirement that the purchaser of a firearm give a thumbprint as part of background check process and that the TBI furnish thumbprint cards and pads to firearm dealers. - Amends TCA Title 39, Chapter 17, Part 13.
Fiscal Summary: Not Available
TFA SUPPORTS THIS LEGISLATION!
10. *HB 0520 by *Shaw (SB 1140 by *Gresham)
Criminal Offenses - As introduced, allows inference that defendant committed offense of simple possession of controlled substance when controlled substance is found in defendant’s blood that is lawfully obtained. - Amends TCA Title 39, Chapter 17, Part 4.
Fiscal Summary: Not Available
11. *HB 0070 by *Fincher (SB 0474 by *Berke)
Criminal Procedure - As introduced, deletes subsection in self-defense law providing that a person not justified in use of deadly force to prevent or terminate trespass on real property or unlawful interference with personal property. - Amends TCA Title 39, Chapter 11, Part 6.
Fiscal Summary: Decrease State Revenue - Not Significant
Decrease State Expenditures - Not Significant
Decrease Local Revenue - Not Significant
Decrease Local Expenditures - Not Significant
TFA SUPPORTS THIS LEGISLATION
12. HB 0615 by *Todd (*SB 0170 by *Ketron)
Public Records - As introduced, makes confidential all information furnished by a witness during the course of certain investigations. - Amends TCA Title 10.
Fiscal Summary: Not Available
TFA SUPPORTS THIS LEGISLATION
13. *HJR 0032 by *West
General Assembly, Studies - Creates special joint committee to study Tennessee’s gun laws. -
Fiscal Summary: Not Available
TFA SUPPORTS THIS LEGISLATION
14. *HB 0314 by *Matheny (SB 1081 by *Jackson)
Junk Dealers and Junkyards - As introduced, provides that state regulatory scheme for sellers and purchasers of scrap metal preempts any local regulations or ordinances on the same subject. - Amends TCA Title 62, Chapter 9, Part 1.
Fiscal Summary: Not Available
15. HB 0516 by *Matheny (*SB 0066 by *Bunch)
Criminal Offenses - As introduced, creates theft offense of making false statement or concealment of material fact for purpose of obtaining accommodation in housing project of a housing authority or for paying less rent than required for such dwelling. - Amends TCA Title 39, Chapter 11, Part 1 and Title 39, Chapter 14, Part 1.
Fiscal Summary: Not Available
Bill Updates - Jan 29, 2009
COMMERCIAL LAW | |
HB 0071* | Redefines all-terrain vehicle. Redefines “all-terrain vehicle” for purposes of the Motorcycle and Off-Road Vehicle Dealer Fairness Act to include a motorized vehicle that is limited in engine displacement to 1,000 cubic centimeters or less and is limited in total dry weight to less than 1,500 pounds. Current law specifies engine displacement to 800 cubic centimeters or less and a dry weight of 850 pounds. (H: McCord) House Status: Held on House clerk’s desk. |
CRIMINAL LAW | |
SB 0019* | Carrying firearms - judges. Authorizes current and retired judges who possess a handgun carry permit to carry a firearm under same circumstances and conditions as law enforcement officers and correctional officers. Current law allows law enforcement officer to carry firearms at all times, on-duty or off-duty, except if prohibited by federal law, court orders, or written directives of the executive supervisor of the employing agency, or if the officer is on school grounds or under the influence of alcohol or a controlled substance. (S: Gresham; H: Shaw) Senate Status: Introduced 1/15/2009 |
SB 0032 | Handgun information privacy. Prohibits department of safety or any department-approved handgun safety course employee from requiring applicant for handgun carry permit to furnish any identifying information concerning any handgun the applicant owns or possesses. (S: Tracy; H: Evans) Senate Status: Senate companion bill introduced. (S: Tracy) |
SB 0040 | Possession of handguns while on certain premises. Allows persons with a handgun carry permit to carry a handgun year-round on public hunting areas and wildlife management areas. Specifies that such individuals are still subject to all wildlife laws, rules, and regulations. (S: Bunch; H: Bell) Senate Status: Senate companion bill introduced. (S: Bunch) |
HB 0004* |
Exemption for certain handgun carry permit requirements. Clarifies that a person who is exempt from classroom and firing range training requirement by reason of prior military experience is also exempt from payment of $115 application and processing fee. (H: Bass) House Status: Held on House clerk’s desk. |
HB 0032* | Crime-Free School Zone Act. Enacts the “Crime-Free School Zone Act.” Enhances penalties and fines for violent and certain other crimes committed within 1000 feet of any school, public or private, child care agency, public library, recreation center or park. (H: Hardaway) House Status: Held on House clerk’s desk. |
HB 0045* | Handgun carrying permit. Clarifies that no applicant for a handgun carry permit that is participating in a handgun safety course is required to furnish any information concerning the handgun the applicant owns, possesses, or uses during the safety course. (H: Hill) House Status: Held on House clerk’s desk. |
HB 0053* | Confidentiality of handgun carry permit applications. Declares information contained in handgun carry permit applications and renewals, information provided to agencies to investigate applicant, and records maintained relative to the permit application is confidential. Creates Class E felony of unauthorized publication of permit information or records. (H: Bass) House Status: Held on House clerk’s desk. |
HB 0070* | Protection of property. Removes prohibition against using deadly force in protection of property. Specifies that there is an exemption from provisions allowing the use of deadly force against a person lawfully allowed to be in a business as there is for a dwelling, residence or occupied vehicle. (H: Fincher) House Status: Held on House clerk’s desk. |
HB 0221* | Confidentiality of handgun carry permit applications. Makes confidential information pertaining to handgun carry permits relative to public inspection or publication. Authorizes law enforcement agencies to access such information for investigating or prosecuting purposes. Specifies that publication of such information by anyone other than the permit holder is a Class A misdemeanor punishable by fine only. (H: Bass) House Status: Introduced 2/9/2009 |
HB 0233* | Carrying a handgun in certain locations. Authorizes anyone with a handgun carry permit, not consuming an alcoholic beverage, to carry a handgun in a public establishment that derives 60 percent or more of its revenue through the sale of food. Allows transient or guest to carry a handgun in a hotel except for where alcoholic beverages are being served. (H: Todd) House Status: Introduced 2/9/2009 |
HB 0254* | Purchasers of firearms not required to produce thumbprint. Removes requirement that a gun dealer must obtain a thumbprint from a purchaser and deletes provision whereby the TBI must provide firearms transaction thumbprint forms. (H: Casada) House Status: Introduced 2/9/2009 |
HB 0266* | Self defense used in a person’s business. Clarifies that the law of self-defense applies to a person’s business, in addition to a person’s lawful residence, dwelling and vehicle. (H: Watson E.) House Status: Introduced 2/9/2009 |
ENVIRONMENT & NATURE | |
SJR 0001 | Constitutional amendment - right to hunt and fish. Adds provisions to the state constitution to establish the right to hunt, fish, and harvest game subject to reasonable rules and regulations. Establishes standard for reviewing such rules and regulations. (S: Norris) Senate Status: Held on Senate clerk’s desk. |
TRANSPORTATION VEHICLES | |
HB 0036* | Child safety in operation of off-highway motor vehicles. Establishes an offense for any parent or legal guardian of a person under 18 years of age to permit that person to operate or be a passenger on an off-highway motor vehicle without an appropriate helmet. (H: Hardaway) House Status: Held on House clerk’s desk. |
Bill Updates
Pending Bills
COMMERCIAL LAW
HB 0071*
Redefines all-terrain vehicle. Redefines “all-terrain vehicle” for purposes of the Motorcycle and Off-Road Vehicle Dealer Fairness Act
to include a motorized vehicle that is limited in engine displacement to 1,000 cubic centimeters or less and is limited in total dry weight to less than 1,500 pounds. Current law specifies engine displacement to 800 cubic centimeters or less and a dry weight of 850 pounds. (H: McCord)
House Status: Held on House clerk’s desk.
CRIMINAL LAW
SB 0019*
HB 0082
Carrying firearms - judges. Authorizes current and retired judges who possess a handgun carry permit to carry a firearm under same circumstances and conditions as law enforcement officers and correctional officers. Current law allows law enforcement officer to carry firearms at all times, on-duty or off-duty, except if prohibited by federal law, court orders, or written directives of the executive supervisor of the employing agency, or if the officer is on school grounds or under the influence of alcohol or a controlled substance. (S: Gresham; H: Shaw)
Senate Status: Introduced 1/15/2009
House Status: Introduced 1/15/2009
TFA OPPOSES any legislation that tends to create special classes of citizens, particularly in an “off duty” or “outside the scope of
duty” status. There is no reason why current and retired judges cannot take the permit classes - many already have. This is just
seen as political pandering.
HB 0004*
Exemption for certain handgun carry permit requirements. Clarifies that a person who is exempt from classroom and firing range training requirement by reason of prior military experience is also exempt
from payment of $115 application and processing fee. (H: Bass)
House Co-Sponsor: Turner M.
House Status: Held on House clerk’s desk.
TFA OPPOSES. Even if these individuals are exempt from classroom and range training (not necessarily a good idea in all circumstances that the law currently allows, these same individuals still have to apply and go through a background check. Exempting these individuals from those costs merely shifts the costs to those who are not granted special privileges.
HB 0032*
Crime-Free School Zone Act. Enacts the “Crime-Free School Zone Act.” Enhances penalties and fines for violent and certain other crimes committed within 1000 feet of any school, public or private, child care agency, public library, recreation center or park. (H: Hardaway)House Status: Held on House clerk’s desk.
HB 0045*
Handgun carrying permit. Clarifies that no applicant for a handgun carry permit that is participating in a handgun safety course is required to furnish any information concerning the handgun the applicant owns, possesses, or uses during the safety course. (H: Hill)House Status: Held on House clerk’s desk.
HB 0046*
Handgun information privacy. Prohibits department of safety or any department-approved handgun safety course employee from requiring applicant for handgun carry permit to furnish any identifying information concerning any handgun the applicant owns or possesses. (H: Evans)
House Status: Held on House clerk’s desk.
HB 0053*
Confidentiality of handgun carry permit applications. Declares information contained in handgun carry permit applications and renewals, information provided to agencies to investigate applicant, and records maintained relative to the permit application is confidential. Creates Class E felony of unauthorized publication of permit information or records. (H: Bass)
House Status: Held on House clerk’s desk.
HB 0070*
Protection of property. Removes prohibition against using deadly force in protection of property. Specifies that there is an exemption from provisions allowing the use of deadly force against a person lawfully allowed to be in a business as there is for a dwelling, residence or occupied vehicle. (H: Fincher)
House Status: Held on House clerk’s desk.
ENVIRONMENT & NATURE
SJR 0001
Constitutional amendment - right to hunt and fish. Adds provisions to the state constitution to establish the right to hunt, fish, and harvest game subject to reasonable rules and regulations. Establishes standard for reviewing such rules and regulations. (S: Norris)
Senate Status: Held on Senate clerk’s desk.
TRANSPORTATION VEHICLES
HB 0036*
Child safety in operation of off-highway motor vehicles. Establishes an offense for any parent or legal guardian of a person under 18
years of age to permit that person to operate or be a passenger on an off-highway motor vehicle without an appropriate helmet. (H: Hardaway)House Status: Held on House clerk’s desk.