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TCJFCJ Legislative Bill Report TCJFCJ Legislative Bill Report Updated Thursday, February 19, 2015 AOC Legislative Package Bills SB41 / HB144 Creation of task force on e-filing of documents in court system. Category Judiciary Sponsors Sen. Brian K. Kelsey / Rep. Jon Lundberg Description Requires the speaker of the senate, the speaker of the house of representatives, and the chief justice of the supreme court to establish an advisory task force to review and propose a process to implement e-filing of documents in the state court system and to recommend any necessary statutory revisions and any funding required to effectuate e-filing in state courts. Also, requires the speaker of the senate, the speaker of the house of representatives, and the chief justice of the supreme court to establish an advisory task force to review and propose any necessary statutory revisions regarding the appointment of counsel for indigent defendants. Fiscal Note (Dated February 5, 2015) NOT SIGNIFICANT Senate Status 02/18/2015 - Senate Government Operations Committee deferred to 02/25/2015. House Status 02/11/2015 - Referred to House Civil Justice Subcommittee. Cosponsors Sen. Ken Yager ; SB60 / HB55 New circuit judge position created for 19th judicial district. Category Judiciary Sponsors Sen. Mark Green / Rep. Curtis G. Johnson Description Creates a new circuit court judge position for the 19th judicial district that shall be appointed by the governor and will serve until September 1, 2016. Requires the position to be elected by voters during the August 2016 general election and will hold office until September 1, 2022. Thereafter, the position will be for a full eight year term. Fiscal Note (Dated February 11, 2015) Increase State Expenditures $271,100/FY15-16 $295,600/FY16-17 and Subsequent Years Senate Status 01/17/2015 - Referred to Senate Judiciary Committee. House Status 02/12/2015 - Set for House Civil Justice Subcommittee 02/18/15. Cosponsors Rep. Sabi Kumar ; SB288 / HB653 Administering oath of office to elected officials. Category Government Regulation Sponsors Sen. John Stevens / Rep. Leigh Rosser Wilburn Description Adds the governor or an active or retired supreme court justice to the list of officials who may administer the oath of office to an elected or appointed official. Specifies the time frame and conditions for when the oath may be administered. Senate Status 02/11/2015 - Referred to Senate State & Local Government Committee. House Status 02/11/2015 - Introduced in the House. SB649 / HB141 Task force on implementing e-filing in Tennessee's court system. Category Judiciary Sponsors Sen. Brian K. Kelsey / Rep. Jon Lundberg Description Requires the speaker of the senate, the speaker of the house of representatives, and the chief justice of the supreme court to establish an advisory task force to review and propose a process to implement e-filing of documents in the court system by July 1, 2015. Creates a task force on revising the process of appointment of counsel for indigent defendants. Senate Status 02/18/2015 - Referred to Senate Government Operations Committee. House Status 02/11/2015 - Referred to House Civil Justice Subcommittee. 1 SR12 Ratifies amendments to the Tennessee Rules of Criminal Procedure. Category Judiciary Sponsors Sen. Brian K. Kelsey Description Ratifies amendments and revisions to the Tennessee Rules of Criminal Procedure. Senate Status 02/12/2015 - Set for Senate Judiciary Committee 02/17/15. House Status None SR13 Ratifies amendments to the Tennessee Rules of Appellate Procedure. Category Judiciary Sponsors Sen. Brian K. Kelsey Description Ratifies and approves amendments and revisions to the Tennessee Rules of Appellate Procedure. Senate Status 02/12/2015 - Set for Senate Judiciary Committee 02/17/15. House Status None HR3 Revisions to the Tennessee Rules of Appellate Procedure. Category Judiciary Sponsors Rep. Jon Lundberg Description Ratifies and approves the amendments and revisions to the Tennessee Rules of Appellate Procedure, as adopted by the supreme court. Senate Status None House Status 02/09/2015 - Referred to House Civil Justice Committee. HR4 Revisions to the Tennessee Rules of Criminal Procedure. Category Judiciary Sponsors Rep. Jon Lundberg Description Ratifies and approves the amendments and revisions to the Tennessee Rules of Criminal Procedure, as adopted by the supreme court. Senate Status None House Status 02/09/2015 - Referred to House Criminal Justice Committee. General Sessions Judges’ Conference Bills SB544 / HB544 Senior General Sessions and Juvenile Judge Enabling Act. Category Judiciary Sponsors Sen. Ken Yager / Rep. Mike Carter Description State Summary - As introduced, enacts the "Senior General Sessions and Juvenile Judge Enabling Act"; enables the creation of a program whereby the supreme court can designate a senior general sessions or juvenile judge to relieve court congestion in a needed area; funding to come from an increase of $1.00 on the $5.00 fee assessed against each traffic citation resulting in conviction. - Amends TCA Title 16, Chapter 15 and Title 55, Chapter 10. Senate Status 02/12/2015 - Referred to Senate Judiciary Committee. House Status 02/12/2015 - Referred to House Civil Justice Subcommittee. Cosponsors Sen. Doug Overbey ; Rep. Jon Lundberg ; SB1119 / HB630 Davidson County - litigation tax on general sessions court cases. Category Judiciary Sponsors Sen. Jeff Yarbro / Rep. Bill Beck Description State Summary - As introduced, removes the restriction that prohibits Davidson County from imposing a litigation tax on cases in general sessions court with proceeds to support the general sessions court. - Amends TCA Title 16, Chapter 15. Senate Status 02/18/2015 - Introduced in the Senate. House Status 02/11/2015 - Introduced in the House. Cosponsors Rep. Harold Love Jr. ; 2 Court Improvement Program Bills SB537 / HB567 Minimum requirements for graduation - children in custody of DCS. Category Education Sponsors Sen. Dolores R. Gresham / Rep. John J. Deberry Jr. Description Prohibits an LEA from requiring more than the minimum graduation requirements for students enrolling or transferring in the tenth grade or later who are in the custody of the department of children's services to receive a full diploma. Senate Status 02/11/2015 - Introduced in the Senate. House Status 02/11/2015 - Introduced in the House. Amendment 2 Enabling Legislation (Tennessee Plan) SB1 / HB142 Appellate court judges - appointment process. Category Judiciary Sponsors Sen. Brian K. Kelsey / Rep. Jon Lundberg Description Establishes the procedure for the appointment, confirmation and retention of appellate court judges pursuant to Article VI, Section 3 of the Constitution of Tennessee. Provides that appellate judges shall be appointed by the governor and confirmed by the general assembly. Replaces the judicial nomination commission with the judicial confirmation committee, and outlines its organizational structure and duties with regards to the appointment of appellate judges. Establishes that upon receiving a recommendation through a resolution brought by a member of the judicial confirmation committee, both the house of representatives and senate shall vote to confirm or reject the appointee; if either of the two houses votes to reject the appointee, than the appointee is rejected regardless of whether the other houses votes on the question. Outlines the criteria to be followed for an incumbent appellate judge seeking reelection by retention. (15 pp.) Fiscal Note (Dated January 29, 2015) Increase State Expenditures $4,700/Each One-Day Meeting Senate Status 01/17/2015 - Referred to Senate Judiciary Committee. House Status 02/11/2015 - Referred to House Civil Justice Subcommittee. SB698 / HB792 Procedure for appointment and confirmation of appellate court judges. Category Judiciary Sponsors Sen. John Stevens / Rep. Leigh Rosser Wilburn Description State Summary - As introduced, establishes procedure for the appointment and confirmation of appellate court judges in accordance with Article VI, Section 3 of the Tennessee Constitution. - Amends TCA Title 2; Title 4; Title 6; Title 16; Title 17 and Title 38, Chapter 6. Senate Status 02/18/2015 - Referred to Senate Judiciary Committee. House Status 02/18/2015 - Referred to House Civil Justice Committee. Judicial Process Bills SB165 / HB697 Increase notice from 3 to 5 days before transfer to criminal court. Category Family Law Sponsors Sen. Reginald Tate / Rep. Raumesh Akbari Description Requires that a child and the child's parents, guardian, or custodian receive five days' notice instead of three before a hearing to transfer the child from juvenile court to criminal court. Senate Status 02/11/2015 - Referred to Senate Judiciary Committee. House Status 02/12/2015 - Introduced in the House. Cosponsors Rep. Karen D. Camper ; Rep. JoAnne Favors ; Rep. G.A. Hardaway ; Rep. Antonio Parkinson ; Rep. Mike Stewart ; Rep. Joe Towns Jr. ; Rep. Johnnie Turner ; SB370 / HB220 Transfer from small claims docket to regular claims docket. Category Judiciary Sponsors Sen. Sara Kyle / Rep. Sherry Jones Description Requires party seeking to remove claim from small claims docket to the regular docket to provide notice of request to the claim commission, which will then notify all other parties to the 3 claim. Broadly captioned. Senate Status 02/11/2015 - Referred to Senate Judiciary Committee. House Status 02/11/2015 - Referred to House Civil Justice Subcommittee. SB399 / HB227 Transfer of child to adult court. Category Criminal Law Sponsors Sen. Joey Hensley / Rep. Sheila Butt Description
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