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Tennessee Legislative Report Updated May 6, 2011

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Tennessee Legislative Report Updated May 6, 2011 Tennessee Legislative Report Updated May 6, 2011 Animals & Animal Husbandry - 2 HB20 Animals & Animal Husbandry: Criminal penalties for failing to restrain dogs. Sponsors Rep. G.A. Hardaway Description Requires people in possession of dogs to restrain or confine such dogs and establishes certain criminal penalties and defenses for violations. Senate Status None House Status 01/25/2011 - Referred to House Agriculture Subcommittee. SB1138 / HB89 Animals & Animal Husbandry: Ownership of dangerous dogs restricted. Sponsors Sen. Beverly Marrero / Rep. G.A. Hardaway Description Creates a class A misdemeanor offense for a person convicted of a violent felony to knowingly own or possess a dangerous, vicious, or wild animal within 10 years of being released from prison, community correction, probation or parole. Only applies to felons convicted after July 1, 2011. Senate Status 02/28/2011 - Referred to Senate Judiciary. House Status 05/03/2011 - House Agriculture deferred to 2012. Commercial Law - 1 SB921 / HB1084 Commercial Law: Consumer Civil Litigation Funding Act. Sponsors Sen. Mae Beavers / Rep. Jimmy A. Eldridge Description Places requirements on contracts assigning a civil litigation funding provider the right to receive funds from a consumer's pursued civil claim such as requiring the contract be completely filled in, include a right of rescission, each page be initialed by the consumer, and include a written acknowledgement by the consumer's attorney containing several specified statements concerning compensation and fees. Requires a contract to include material terms conspicuously placed including all fees to be paid, the consumer's right to cancellation, prohibitions on the funding provider from making any decisions regarding the litigation, provisions encouraging advice of counsel, and a clause limiting fees to not exceed the amount of a consumer's recovery. Prohibits funding providers from engaging in specific conduct such as false or misleading advertisement, refer clients to attorneys or medical providers, attempt to contract for waivers of the right to trial or damages, and pay or accept referral fees or commissions from medical providers or attorneys. Declares violations of the above requirements constitute a deceptive act or practice and are punishable by civil penalty up to $10,000 per violation. Senate Status 02/24/2011 - Referred to Senate Commerce, Labor & Agriculture. House Status 02/24/2011 - Referred to House Consumer & Employee Affairs. Criminal Law - 37 HB214 Criminal Law: Additional penalties for protection order violators. Sponsors Rep. G.A. Hardaway Description Requires persons charged for the first time with violating a protection or restraining order to attend mandatory court-appointed counseling at the defendant's expense and pay the costs of the victim's optional counseling, with exceptions for indigency. Requires that second time violators pay a $3,000 fine. Senate Status None House Status 02/09/2011 - Referred to House General Subcommittee of Judiciary. Page 1 HB288 Criminal Law: Material with ephedrine a schedule III controlled substance. Sponsors Rep. Michael Ray "Mike" McDonald Description Makes materials containing any quantity of ephedrine or pseudoephedrine a schedule III controlled substance. Exempts immediate methamphetamine precursors if they are not in a form that can be used in the manufacture of methamphetamine, which must be determined by the board of pharmacy and the TBI. Requires the board of pharmacy to maintain a public list of the exempted products or categories. Allows any person to request that a product or category of products be included on the exemption list. Maintains a Class A misdemeanor, punishable by fine only. Senate Status None House Status None SB64 / HB35 Criminal Law: Prostitution-related offenses: enhanced penalties. Sponsors Sen. Doug Overbey / Rep. Debra Young Maggart Description Provides immunity for minors arrested for prostitution. Enhances criminal penalty from a Class B misdemeanor to a Class E felony for persons patronizing prostitution from prostitutes who are under 18 years of age or mentally defective. Provides defense for such person if the person reasonably believed the prostitute to be at least 18 years of age or not mentally defective. Enhances criminal penalty from a Class E felony to a Class D felony for persons promoting the prostitution of a minor. Allows law enforcement officers to impound an arrested person's car, if the person is arrested for certain sexual offenses. Senate Status 05/05/2011 - Set for Senate Judiciary Committee 05/10/11. House Status 04/27/2011 - House General Subcommittee of Finance placed behind the budget. SB70 / HB42 Criminal Law: Animal cruelty - additional penalties. Sponsors Sen. Doug Overbey / Rep. Bob Ramsey Description Requires, instead of allows, law enforcement officers to take a person's vehicle when the person has been arrested for transporting or confining an animal in a cruel manner. Requires, instead of allows, the court to prohibit such a person from having custody of other animals for a reasonable time. Requires that a fine between 2,500 dollars and 3,500 dollars be levied on any person convicted of certain cruelty to animals offenses. Requires, instead of allows, that such a person or minor, in some circumstances, undergo a psychological evaluation and counseling paid by the person. Requires, instead of allows, the court to send notification to the appropriate authorities if such a person resides with minors or elderly individuals. Broadly captioned. Senate Status 02/07/2011 - Referred to Senate Judiciary. House Status 03/23/2011 - Failed in House Agriculture Subcommittee for lack of motion. SB93 / HB66 Criminal Law: Retailer to verify ID for credit and debit card purchases. Sponsors Sen. Beverly Marrero / Rep. G.A. Hardaway Description Creates an offense for a person employed by a retailer to knowingly fail to verify the identification of a person who presents a debit card or credit card for payment of goods and services. Specifies that the first offense is a Class C misdemeanor punishable by a fine of $50.00. Specifies that second and subsequent offenses is a Class B misdemeanor. Broadly captioned. Senate Status 02/11/2011 - Referred to Senate Commerce, Labor & Agriculture. House Status 02/09/2011 - Caption bill held on House clerk's desk. SB137 / HB142 Criminal Law: Creates offense of concealing or harboring illegal alien. Sponsors Sen. Bill Ketron / Rep. Tony Shipley Description Creates offense for a person to conceal, harbor, or shield from detection an illegal alien if such person knows or reasonably should know that the other person is an illegal alien. Specifies that a violation is a Class E felony. Increases the penalty for violations that result in death or serious bodily injury. Specifies that each illegal alien Page 2 involved in a violation is a separate offense and any property or proceeds acquired or instrumentality used during the violation is subject to judicial forfeiture. Also specifies that persons convicted of attempt, conspiracy, solicitation, facilitation, or accessory after the fact will be subject to the same punishments as if they were the principal of the crime. Broadly captioned. Senate Status 02/09/2011 - Referred to Senate Judiciary. House Status 02/14/2011 - Referred to House General Subcommittee of Judiciary. SB257 / HB1822 Criminal Law: Felons to offer biological specimen for DNA analysis. Sponsors Sen. Ron Ramsey / Rep. Jon Lundberg Description Requires all persons arrested on or after January 1, 2012, for the commission of any felony to have a biological specimen taken for the purpose of DNA analysis. Requires the bureau to destroy the sample and all records of the sample if the charge for which the sample was taken is dismissed or the defendant is acquitted at trial. Senate Status 02/11/2011 - Referred to Senate Judiciary. House Status 03/03/2011 - Referred to House Judiciary. SB312 / HB155 Criminal Law: Castle doctrine protects persons from criminal liability. Sponsors Sen. Brian K. Kelsey / Rep. Bob Ramsey Description Broadens the castle doctrine to protect persons using force from criminal liability, in addition to the existing protection from civil liability. Requires the commissioner to conduct a study on the state's insurance laws and policies that may be deterring insurance companies from providing coverage for persons who justifiably used force to protect themselves or their property. Senate Status 05/05/2011 - Set for Senate Judiciary Committee 05/10/11. House Status 04/04/2011 - House passed with amendment 1. House amendment 1 deletes the section of the original bill that creates immunity from criminal liability for the use of justifiable force to protect self or property. Requires the Commissioner of Commerce and Insurance to conduct a study on Tennessee insurance laws and policies to identify deterrents for insurance companies to underwrite policies for individuals who have previously used justifiable force. Requires the Commissioner to report study results to the General Assembly and Governor by March 1, 2012. SB332 / HB699 Criminal Law: Pseudoephedrine as controlled substance and by prescription. Sponsors Sen. Charlotte Burks / Rep. John Mark Windle Description Adds medicines containing any amount of ephedrine or pseudoephedrine a Schedule III controlled substance. Requires medicines with methamphetamine precursors that are in the form that can be manufactured into methamphetamine to be dispensed only by a pharmacist after presenting a prescription.
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