Legislative Review: House proposes bills to address violent crime, education funding
A proposed amendment to the Tennessee Constitution that would increase public safety by allowing bail to be denied for more violent crimes advanced out of the House Finance, Ways and Means Subcommittee.
House Joint Resolution 859 would expand a judge’s ability to deny bail for certain violent crimes, including terrorism, second-degree murder, aggravated rape, and grave torture. Current law limits judges’ ability to deny bail to first-degree murder charges.
The proposed amendment would also increase judicial transparency by requiring a judge or magistrate to explain their reasons for allowing or denying bail for a defendant. The Tennessee General Assembly in 2022 passed truth in sentencing reform, which requires offenders convicted in eight categories of violent crimes to serve 100 percent of their court-imposed sentences before their release. That same year, murders declined 14.6% statewide while rapes declined 10.6 percent and kidnappings fell nearly 12% when compared to 2021, according to the Tennessee Bureau of Investigation.
House Joint Resolution 859 will now go to the Finance, Ways and Means Committee for further consideration. Any proposed amendment to the Tennessee Constitution must first be approved by two separate General Assemblies before it can be placed on the ballot for voters to decide.
Republicans protect financial aid eligibility for nursing students - The Tennessee House of Representatives unanimously passed legislation ensuring students in licensed practical nursing (LPN) programs can still qualify for federal financial aid assistance.
House Bill 2378 requires the Tennessee Board of Nursing to set a minimum of 1,296 clock hours, or an equivalent number of credit hours, for practical nursing programs offered at public institutions of higher education in the state. A minimum of 980 hours is currently required.
Beginning July 1, colleges that offer LPN programs longer than the minimum set by state law or regulatory board will no longer qualify for federal financial aid. The legislation will ensure students enrolled in the Tennessee Board of Regents’ (TBR) LPN programs, which exceed the current state minimum requirement, remain eligible to receive financial assistance. Private institutions would still be able to maintain their current curriculum lengths in accordance with the Board of Nursing’s rules, according to the legislation.
The Tennessee College of Applied Technology (TCAT), operated by the TBR, is the single largest provider of LPNs in the state. During the 2022-23 academic year, 1,186 new LPNs graduated statewide. Tennessee faced a shortfall of 15,700 registered nurses in 2021, according to a report from the Tennessee Hospital Association. The shortage is expected to lead to increased demand for LPNs statewide. It was unanimously approved by the House chamber on April 8. The companion version of the legislation is still advancing in the Senate.
Grant program helps solve violent crimes - Legislation offering additional support to solve more violent crimes in Tennessee advanced out of the Criminal Justice Committee.
The Tennessee Violent Incident Clearance and Technological Investigative Methods Support Act (TN-VICTIMS) would provide grants to law enforcement agencies to fund strategies and initiatives aimed at improving violent crime clearance rates and supporting victims statewide. The grant program would be developed by the Department of Finance and Administration’s Office of Criminal Justice Programs, in consultation with the Tennessee Peace Officer Standards and Training (POST) Commission, the Tennessee Law Enforcement Training Academy and the Tennessee Bureau of Investigation (TBI). All law enforcement agencies in Tennessee would be eligible to receive funding.
According to the most recent TBI data, 502,189 crimes were reported statewide in 2022. Of those cases, 179,960, or 35.8 percent, resulted in arrests.
House Bill 2794 is scheduled to be heard in the Finance, Ways and Means Subcommittee on April 16.
General Assembly votes to expedite evidence collection in DUI cases - The General Assembly passed legislation allowing for faster and more effective collection of blood samples involving individuals suspected of driving under the influence in Tennessee.
House Bill 2386 allows an officer to execute a search warrant anywhere in the state for medical records or test to determine the alcohol or drug content of a person’s blood. The legislation also gives magistrates increased authority to issue warrants to recover evidence if at least one element of the crime occurred within their jurisdiction. Additionally, the bill encourages hospitals and health care providers to take a blood sample as soon as possible when a warrant is issued. The sample should also be provided to law enforcement expeditiously.
There were 7,774 wrecks in Tennessee that involved impaired drivers in 2022, according to the most recent data from the Tennessee Department of Safety and Homeland Security. There were 575 fatalities and 4,964 injuries as a result.
The legislation will now head to Gov. Bill Lee’s desk to be signed into law.
Visitation rights for hospital patients passes both chambers - The General Assembly passed legislation ensuring hospital patients in Tennessee are not denied visitation from an individual authorized to make health care decisions for them.
House Bill 1883 allows individuals given power of attorney to make health care decisions for a patient the right to at least one in-person hospital visit per day within regular visiting hours. The bill prohibits hospitals from terminating a power of attorney’s visitation rights during a declaration of disaster or emergency by the governor or another individual acting on behalf of the state or a political subdivision. Patients can decline visitation. The bill also does not apply to those in custody.
Additionally, the legislation requires hospitals to make reasonable efforts to ensure each visit is at least one hour long. The legislation will now head to Gov. Bill Lee’s desk to be signed into law.
Bill allowing veterans to serve as SROs advances - The House chamber advanced legislation aimed at filling school resource officer (SRO) vacancies in Tennessee.
House Bill 1899 allows honorably discharged veterans of the United States armed forces to serve as SROs. In order to carry a firearm on school grounds, SRO candidates would be required to complete at least 40 hours of basic training approved by the Tennessee Peace Officer Standards and Training Commission, submit fingerprints for a criminal background check by the Tennessee Bureau of Investigation, and be free of any health impairment affecting their ability to carry safely.
The Republican-led General Assembly allocated $232 million in 2023 to enhance school safety, which included $140 million for an armed SRO in every Tennessee public school. According to the Tennessee Department of Education, more than 550 schools statewide were without an SRO as of October.
The legislation is scheduled to be considered on the House floor on April 16.
It is an honor and privilege to be able to serve in the 71st District. If you have any questions or concerns, do not hesitate to call or email our office at rep.kip.capley@capitol.tn.gov or 615-741-2190.
Rep. Kip Caley, R-Summertown, provides a weekly synopsis of House legislative business.
This article originally appeared on The Daily Herald: Legislative Review: House proposes bills to curb violent crime
