182 new laws are effective July 1
By Kim Swindell Wood | June 30, 2014 7:10 am
Tennesseans will see almost 200 new laws on the books beginning July 1, 2014, that range from the enforcement of drugs to enacting additional legislation about education.
Some of the new laws that may be of general interest to the public are:
HB1370: Arrests – As enacted, revises provisions governing issuance of arrest warrant and summons in lieu of arrest warrant. – Amends TCA Title 40, Chapter 6.
HB1759: DUI Offenses – As enacted, enacts “Amelia’s Law”, which clarifies that a transdermal monitoring device or other alternative alcohol or drug monitoring device may be ordered as a condition of pretrial diversion, parole, probation, judicial diversion or DUI probation if it is determined that the defendant’s use of alcohol was a contributing factor in the defendant’s unlawful conduct. – Amends TCA Title 39; Title 40 and Title 55.
SB1488: Child Custody and Support – As enacted, revises the factors that are considered when making a custody determination and makes the factors applicable to determinations regarding relocation and establishment of residential schedules; revises other provisions regarding custody and parental rights. – Amends TCA Title 36.
SB1922: Nuisances – As enacted, declares a nuisance any place in which a person takes, by defrauding or colluding with the recipient of public assistance benefits, any portion of such benefit to which the person is not entitled or authorized to take. – Amends TCA Title 29, Chapter 3, Part 1.
SB1503: Controlled Substances – As enacted, makes it a Class B misdemeanor criminal offense for any landlord, owner, manager, caretaker, agent of the owner or employee who knows or reasonably should know that methamphetamine has been manufactured or is being manufactured on real property or any building, structure, or room located on such property on or in which such person performs compensated labor or is employed to or has a duty or responsibility to care for or manage to intentionally fail to notify the appropriate law enforcement agency within 24 hours of acquiring such knowledge. – Amends TCA Title 68, Chapter 212, Part 5.
SB1771: Weapons – As enacted, makes lawful the sale, transfer, ownership, possession and transportation of switchblade knives and knives with a blade length in excess of four inches; increases from $3,000 to $6,000 the maximum fine for possessing a switchblade knife with the intent to employ it during commission of a dangerous felony. – Amends TCA Title 39, Chapter 17, Part 13.
HB1742: Criminal Procedure – As enacted, permits expunction of multiple criminal convictions in certain circumstances; revises other provisions regarding expunction of records. – Amends TCA Section 40-32-101.
HB1863: Municipal Government – As enacted, revises provisions governing the enforcement of certain traffic offenses on interstate highways by municipalities; removes the authority for certain municipalities to so enforce the rules of the road. – Amends TCA Title 55.
SB1425: Education – As enacted, allows LEAs to teach the history of traditional winter celebrations; allows students and staff to use traditional greetings of such celebrations; and allows LEAs to display winter celebration scenes or symbols under certain conditions. – Amends TCA Title 49.
SB1794: Domestic Violence – As enacted, specifies, in regard to the 30-day and 90-day sentences to confinement for second and third convictions of domestic assault that results in bodily injury, that the respective sentence has to be served on consecutive days; specifies that individuals convicted of domestic assault that results in bodily injury must serve at least the minimum sentence day for day, and serve the difference between the time actually served and the maximum sentence on probation. – Amends TCA Title 39, Chapter 13, Part 1.
SB2277: Basic Education Program (BEP) – As enacted, clarifies $100 out of $200 be given to each teacher by October 1 so that the teacher may spend it at any time during that school year on instructional supplies as determined necessary by the teacher; requires LEA to send written explanation to education committees and commissioner for any noncompliance. – Amends TCA Title 49, Chapter 3, Part 3.
SB2421: Education, Curriculum – As enacted, enacts “Erin’s Law”, which requires the departments of education and children’s services to work together to enhance or adapt curriculum materials that focus on child sexual abuse, including such abuse which may occur in the child’s home. – Amends TCA Title 37, Chapter 1; Title 37, Chapter 5; Title 49, Chapter 10 and Title 49, Chapter 6.
SB1312: Controlled Substances – As enacted, changes the name of the methamphetamine registry to the drug offender registry and requires that all felony drug offenders be placed on the registry; extends the amount of time that drug offenders will be placed on the registry from seven to 10 years. – Amends TCA Title 39, Chapter 17; Title 53 and Title 63.
SB1508: Controlled Substances – As enacted, adds “25H-NBOMe” as a new hallucinogen to the controlled substances in Schedule I and adds “Quinolinylindolecarboxesters” and “(1-Aminocarbonyl) propylindazolecarboxamides” to synthetic cannabinoids. – Amends TCA Title 39, Chapter 17, Part 4.
HB1173: Sexual Offenses – As enacted, specifies that the list of persons required to report knowledge or suspicion of child sexual abuse to the department of children’s services includes an authority figure at a community facility, including any facility used for recreation or social assemblies, for educational, religious, social, health, or welfare purposes, including, but not limited to, facilities operated by schools, the boy or girl scouts, the YMCA or YWCA, the boys and girls club, or church or religious organizations. – Amends TCA Title 37, Chapter 1; Title 37, Chapter 5; Title 38, Chapter 1; Title 39, Chapter 13, Part 5 and Title 39, Chapter 17.
HB1503: Sexual Offenders – As enacted, requires any sexual offender whose victim was a child of 12 years of age or less to be classified as an offender against children and to register for life; adds certain acts to those considered a “violent juvenile sexual offense” for purposes of registration. – Amends TCA Title 39 and Title 40
HB1869: Search & Seizure – As enacted, prohibits a law enforcement officer from searching, examining, extracting or duplicating cellular telephone data, even if incident to a lawful arrest, unless the officer has obtained a search warrant, the owner gives informed consent, the telephone is has been abandoned, or exigent circumstances exist; makes any such data illegally obtained inadmissible as evidence in a court or administrative hearing. – Amends TCA Title 40, Chapter 6, Part 1.
HB1943: Tort Liability and Reform – As enacted, confers civil immunity upon a person who forcibly enters a motor vehicle for purpose of removing a minor locked or trapped inside the vehicle if the person has good faith belief that the minor is in imminent danger of suffering harm if not immediately removed. – Amends TCA Title 29, Chapter 34, Part 2.
HB2038: Criminal Offenses – As enacted, increases the penalty for electronic tracking of motor vehicles from a Class C misdemeanor to a Class A misdemeanor. – Amends TCA Title 39, Chapter 13, Part 6.
HB2356: Criminal Offenses – As enacted, makes it an offense to knowingly establish, promote, or operate any pyramid promotional scheme. – Amends TCA Title 47.
SB1695: Criminal Procedure – As enacted, requires a person who commits aggravated child neglect or endangerment on or after July 1, 2014, to serve 85 percent of the sentence imposed less sentence credits earned, provided that sentence credits may not reduce the sentence below 70 percent of the sentence originally imposed. – Amends TCA Title 39 and Title 40.
SB1774: Firearms and Ammunition – As enacted, creates an exception to the offense of carrying a firearm in public without a handgun carry permit that the person carrying or possessing a firearm or ammunition in a motor vehicle is not otherwise prohibited from carrying a firearm and is in lawful possession of the motor vehicle. – Amends TCA Title 39, Chapter 17, Part 13.
SB1863: Teachers, Principals and School Personnel – As enacted, amends the number of days in which a student must be present in the classroom before the students TCAP scores are attributed to the specific teacher or school where the student is enrolled. – Amends TCA Title 49, Chapter 1, Part 6.
SB1875: Hospitals and Health Care Facilities – As enacted, extends the current moratorium on the issuance of certificates of need (CONs) for new nursing home and skilled nursing facility beds until June 30, 2015. – Amends TCA Section 68-11-1609 and Section 68-11-1622.
For a complete list of the new laws log onto http://www.capitol.tn.gov/legislation/publications/Effective%207-1-2014.pdf