Legislative Update – February 11, 2019
A snapshot of last week’s actions and a look ahead to this week
Filing Deadlines Pass
Last week, House and Senate members faced deadlines whereby all legislative proposals had to be filed. At the end of the week, 1,499 bills were filed in the House, and 1,508 were filed in the Senate. In order to be heard in committees and to ultimately become law, legislation must be filed in each body. Chamber staff are busy reviewing all the filed legislation, and beginning next week the weekly legislative updates will include a link to all the bills being tracked.
To search or review bills, click here.
House Bill 10 and Senate Bill 34 are Withdrawn
These bills would have prohibited an employer from failing or refusing to recruit or interview a prospective employee in most situations based on that person's credit information, and it would have created a private cause of action for those injured due to violations by employers. HB 10 was set for a hearing in the House Employee Affairs Subcommittee last week.
The sponsors heard from several organizations representing the business community who expressed concerns and opposition to this proposal. Following these discussions, and prior to the bills being heard in committee, the sponsors of the bills withdrew them, thereby removing them from consideration.
Criminal Justice Bills Scheduled for This Week
Dozens of bills have been filed this year regarding criminal justice. Topics include pre-trial release, expungements, driver’s license revocation, failure to appear and many other subjects. Governor Bill Lee has expressed a priority to reform our criminal statutes to increase rehabilitation and reduce recidivism. Two bills regarding criminal justice are scheduled for committee hearings next week.
HB 0006 by *Miller & SB 0085 by *Robinson - As introduced, removes authorization to suspend, restrict or revoke driver licenses for nonpayment of fines, court costs and litigation taxes for driving offenses, upon proof of inability to pay.
In 2012, the General Assembly passed a law allowing for the revocation of a person’s driver’s license if court costs and fines were not paid within one year. While tweaked over the years, the law remains mostly intact and has resulted in tens of thousands of Tennesseans losing driving privileges.
Last year, a U.S. District Court held that the law is unconstitutional, and the state is seeking an appeal before the 6th Circuit Court. This bill is one of many on this subject, and they should generate substantive discussions throughout session. HB6 is scheduled for a hearing tomorrow at noon in the House Safety & Funding Subcommittee.
SB 0403 by *Stevens & HB 0167 by *Lamberth - As introduced, revises various provisions of criminal law.
This bill would make several changes to the criminal code, but in regard to reforming the criminal justice system, its key provisions relate to failure to appear. Under present law, failure to appear for most misdemeanor charges is generally a Class A misdemeanor offense. If the charge is a Class A misdemeanor or a felony, failure to appear is a Class E felony. Present law authorizes courts to order that any sentence imposed for failure to appear be served consecutively to any sentence received for the offense for which the defendant failed to appear.
This bill makes all incidences of failure to appear a Class A misdemeanor offense and requires that any sentence imposed for failure to appear be served consecutively to any sentence received for the offense for which the defendant failed to appear. SB403 is scheduled for hearing tomorrow at 3:00 in the Senate Judiciary Committee.