Thanks to Lee Anne Carmack for sharing the following:
Hello Policy Warriors,
Just wanted to give you a quick update on what’s happening in the Tennessee State Legislature’s Special Session. ALL THREE OF THESE ITEMS ARE ON THE GOVERNOR’S DESK FOR SIGNATURE
There are three big issues –
Increasing fines and penalties for peaceful protestors (including mandatory minimums and overstepping the District Attorneys)
SB 8005 (highlights from the bill language) *** GOING TO GOVERNOR FOR SIGNATURE***
Summary – Protestors can now be arrested for staying overnight in the Plaza (camping, plus numerous there violations like laying down a sleeping bag or taping a sign to the building)
Some protests on and around government property, including the State Capitol grounds have resulted in vandalism and defacement of property, overnight camping on public property in violation of state law, and other risks to public safety.
This legislation is needed to safeguard the right of all Tennesseans to peacefully demonstrate by protecting the safety of state employees and the public and preventing damage or destruction to public and private property, including the prosecution of offenses committed against law enforcement, first responders, state employees and contractors, public officials, and public and private property
A person commits assault against a first responder, who
Knowingly causes physical contact with a first responder and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto a first responder (THIS IS A MASSIVE LOOPHOLE where anything can be defined as assault)
and the charge of “any assault by a protestor” will be charged with a Class A misdemeanor, and includes a fine of five thousand dollars ($5,000) and a mandatory minimum sentence of thirty (30) days incarceration. The defendant shall not be eligible for release from confinement until the defendant has served the entire thirty-day mandatory minimum sentence.
Aggravated assault under subsection (b) is a Class C felony, and includes a fine of fifteen thousand dollars ($15,000) and a mandatory minimum sentence of ninety (90) days incarceration.
“first responder” = law enforcement officer, firefighter, emergency services personnel, or other person who responds to calls for emergency assistance from a 911 call AND capitol police officers, Tennessee highway patrol officers, Tennessee bureau of investigation agents, Tennessee wildlife resources agency officers, and park rangers (anyone the governor has on the state payroll)
In addition to any sentence imposed the court shall include an order of restitution for any property damage
All violations shall be punished by at least twenty-five (25) hours of community service work
Defines Camping as all inclusive of any type of sitting or lying down
“camping” means at any time between ten o’clock p.m. (10:00 p.m.) and seven o’clock a.m. (7:00 a.m.):Erecting, placing, maintaining, leaving, allowing to remain, or using a piece of furniture, tent, raised tarp, or other temporary shelter, structure, or furniture:Sleeping or making preparation to sleep, including laying down a sleeping bag, blanket, or other material used for bedding; (3) Placing or storing personal belongings for future use, including storing food for consumption; (4) Carrying on cooking activities, whether by fire or use of artificial means, such as a propane stove or other heat-producing portable cooking equipment; (5) Making a fire or preparing to make a fire; or (6) Doing any digging or earth breaking.
However, a person shall not be guilty of a violation of subdivision (d)(1) unless the person received a warning not to engage in camping from an official
Any items used to commit a violation of this section, including items abandoned at the location of the offense, are subject to confiscation, seizure, and claiming
and taken into state custody shall be held in a secure location for a period of ninety (90) days, unless the property is needed for evidence in a criminal proceeding.
The state agency or agent may charge such persons a reasonable storage fee for storing the property.
Any defendant arrested for the offense of unauthorized camping, vandalism, rioting, aggravated rioting, inciting to riot, or obstructing a highway shall not be released within twelve (12) hours of the time of arrest.
The attorney general (not the District Attorney as required by current law) has the authority to conduct an investigation and has the authority to initiate a criminal prosecution whenever the attorney general and reporter receives information sufficient to constitute probable cause to investigate a violation of any state criminal law.
If, The district attorney general with jurisdiction over the violation has indicated an intention not to investigate or prosecute the violation the attorney general has the authority to exercise all of the powers and perform all of the duties before any court or grand jury with respect to such prosecution that the appropriate district attorney general would otherwise be authorized or required by law to exercise or perform the appropriate district attorney general shall fully cooperate
The attorney general is authorized to request the director of the Tennessee bureau of investigation to furnish such assistance as may be required by the attorney general and reporter in the performance of the attorney general and reporter’s duties under this section. The Tennessee bureau of investigation is authorized to provide to the attorney general and reporter such assistance as the attorney general and reporter may request pursuant to this section
Summary: New crimes and mandatory minimums are being established to “capture” the peaceful protestors because Gov Bill Lee refuses to meet with them and talk about race issues in our state. The bill gives the attorney general the right to prosecute any protestor even when the DA finds no evidence, and the TBI will be bound to support the AG’s unlawful prosecution.
Tennessee Covid-19 Recovery Act SB8002
No claim may be brought against an employee for any loss, damage, injury, or death arising from COVID19, unless the claimant proves by clear and convincing evidence that the loss, damage, injury, or death was caused by an act or omission that was willful, malicious, criminal, or performed for personal financial gain.
In any claim alleging loss, damage, injury, or death arising from COVID-19, the claimant must file a verified complaint pleading specific facts with particularity from which a finder of fact could reasonably conclude that the alleged loss was caused by the defendant’s gross negligence or willful misconduct.
In any claim alleging loss, the claimant must also file a certificate of good faith stating that the claimant or claimant’s counsel has consulted with a physician duly licensed to practice in the state or a contiguous bordering state, and the physician has provided a signed written statement that the physician is competent to express an opinion on exposure to or contraction of COVID-19 and, upon information and belief, believes that the alleged loss, damage, injury, or death was caused by an alleged act or omission of the defendant or defendants
Summary – anyone seeking to fill a covid-related lawsuit against an employer must find a doctor who is a covid-specialist in TN or contiguous state (of which there are very few because this is a novel illness, thus limiting any chance of winning a covid-lawsuit against an employer in Tennessee) who is willing to sign an affidavit saying the covid illness is a direct result of negligence on the part of the employer. GOOD LUCK bartenders and waiters. This also applies to hospitals, churches and educational institutions.
Telehealth changes
SB 8003 – TELEHEALTH – As introduced, makes various changes to the law concerning the electronic delivery of health care and its coverage under certain insurance policies and TennCare.
Summary – This will make the telehealth option more readily available for TennCare recipients and to others whose insurance plans don’t include the option.