2008 lEGISLATIVE hIGHLIGHTS

FAMILY LAW

CRIMINAL LAW

JUDICIARY

FAMILY LAW

SB2547/HB2884 (Public Chapter No. 793)

Active Military Parent's Child Custody Rights Protected : This is a new chapter prohibiting the court from permanently modifying a decree for child custody or visitation solely on the basis that one of the parents is a member of the armed forces and is called to active duty or receives orders for duty that is outside the state or country. After the consideration of certain factors, the court may institute temporary orders of child custody or visitation. The law does not prevent the court from issuing a permanent order of visitation and child custody if the parent is on permanent military duty as a career choice.

SB2910/HB3044 (Public Chapter No. 868)

Mediation and Custody: This bill modifies T.C.A. § 36-4-103 concerning mediation requirements. It provides that the filing with the court of a properly executed marital dissolution agreement and, if there are minor children of the marriage, a properly executed parenting plan shall serve to remove any requirement that the parties shall attend mediation. If the court does not approve either the marital dissolution agreement or the parenting plan, then any requirement to attend mediation shall be reinstated as of the date of the court's rejection of either agreement. This act also modifies T.C.A. § 36-5-101(k)(2) and provides that “if such severely disabled child living with a parent was disabled prior to this child attaining the age of eighteen (18) years and if such child remains severely disabled at the time of entry of a final decree of divorce or legal separation, then the court may order child support regardless of the age of the child at the time of entry of such decree. It also clarifies that the provisions for conditions of release found in T.C.A. 40-11-150 apply to domestic abuse, stalking, and sexual assault victims.

SB2662/HB2538 (Public Chapter No. 994)

Divorce or Separate Maintenance Proceedings: This amends T.C.A. § 36-4-131 and specifies that if the ground for the divorce is irreconcilable differences, the parties have filed a properly executed marital dissolution agreement, and, if there are minor children of the marriage, the parties have filed a properly executed parenting plan, then the court would not require the parties to attend mediation.

SB3221/HB3162 (Public Chapter No. 1011)

Access to Records on Child Abuse and Child Sexual Abuse : This amends T.C.A. § 37-1-612. It mandates that if a school teacher, school official or any other school personnel has knowledge or reasonable cause to suspect that a child who attends such school may be a victim of child abuse or child sexual abuse sufficient to require reporting and that such abuse occurred on school grounds or while the child was under the supervision or care of the school, then the principal or other person designated by the school shall verbally notify the parent or legal guardian of such child that a report has been made and shall provide other information relevant to the future well being of the child while under the supervision or care of the school.

CRIMINAL LAW

SB771/HB71 (Public Chapter No. 1140)

Tennessee Human Trafficking Act : This act makes human trafficking a criminal act in Tennessee . The act creates new statutes that make involuntary labor servitude a Class C or Class B felony, trafficking persons for forced labor or services a Class C felony, and trafficking a person for sexual servitude a Class B felony, and allows these offenses to be treated as separate violations. The act allows the prosecution of corporations for these violations.

SB2580/HB2465 (Public Chapter No. 1024)

Sentencing : This law changes T.C.A. § 39-15-401, which outlines the penalties for child abuse and aggravated child abuse. The statute provides that any person who knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to inflict injury commits a Class A misdemeanor; provided, however, that, if the abused child is six (6) years of age or less, the penalty is a Class D felony. It also states that any person who knowingly abuses or neglects a child under eighteen (18) years of age, so as to adversely affect the child's health and welfare, commits a Class A misdemeanor; provided, that, if the abused or neglected child is six (6) years of age or less, the penalty is a Class E felony. This change to the statute allows the natural effects of starvation or dehydration to be included within the meaning of “adversely affect the child's health and welfare” found in. This law is also known as the “Josh Osborne Law.”

SB2756/HB2920 (Public Chapter No. 0714)

Aggravated Rape of Child—Sex Offender Registry : This adds aggravated rape of a child offenses to the list of violent sexual offenses for the purpose of the sexual offender registry found in T.C.A. 40-39-202.

SB2866/HB2743 (Public Chapter No. 1176)

Unlawful Possession of a Handgun : Currently, T.C.A. § 39-17-1307 makes unlawful possession of a weapon a Class E felony if a person has been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon or a felony drug offense. This bill expands the Class E felony of unlawful possession of a weapon to include a person possessing a handgun who has been convicted of any felony.

SB3326/HB3735 (Public Chapter No. 902)

Violation of Order of Protection or Restraining Order : Currently, the violation of protective order statute T.C.A. § 39-13-113 requires findings of abuse on the order of protection to make the criminal statute applicable. This bill clarifies that the violation of the protective order applies to sexual assault and stalking cases.

SB3823/HB3513 (Public Chapter No. 973)

Harassment-Text Messaging and Faxes: This act amends T.C.A. § 39-17-308 expanding the language of the statute to include text messaging, emails, and facsimile transmissions.

SB3980/HB3798 (Public Chapter No. 744)

Definition of Domestic Abuse Victim for the Purpose of Domestic Assault : This new act redefines domestic abuse victim and makes it consistent with the domestic abuse definition in T.C.A. § 36-3-601. The law outlines the following new categories for “domestic abuse victim” found in T.C.A. § 39-13-111: (1) adults or minors who are current or former spouses; (2) adults or minors who live together or who have lived together; (3) adults or minors who are dating or who have dated or who have or had a sexual relationship but does not include fraternization between two individuals in a business or social context; (4) adults or minors related by blood or adoption; (5) adults or minors who are related or were formerly related by marriage; or (6) adults or minor children of a person in a relationship that is described in (1)-(5). This means domestic assault also applies to dating relationships and roommate situations.

SB4032/HB3925 (Public Chapter No. 1077)

Senator Tommy Burks Victim Assistance Academy : This bill creates the Senator Tommy Burks Victim Assistance Academy to improve services to victims of all types of crime by making available a comprehensive, basic-level victim assistance curriculum and training program to victim services providers and allied professionals. Specifies that the Academy is to be attached to the Tennessee Coalition Against Domestic & Sexual Violence.

SB4050/HB3902 (Public Chapter No. 880)

Funding of Victim Assistance Programs by Counties : This bill clarifies language in T.C.A. § 40-24-109, which allows counties to fund more than one victim service agency. The agency, however, must provide its services free of charge.

SB 4103/HB4163 (Public Chapter No. 1163)

Notification—Rights of Crime Victims : Currently, T.C.A. § 40-38-302 states that the “critical stages of the criminal justice process” at which victims should be notified are: (1)bond hearings or bond reduction hearings if hearing from the victim is deemed relevant by the appropriate district attorney general; (2) the defendant's sentencing hearing; (3) any hearing at which the issue of whether the defendant should pay restitution or the amount of restitution that should be paid is discussed; and (4) any parole hearing at which the defendant's release on parole will be discussed or determined. This expands the definition of “critical states of the criminal justice process” to include: any hearing on a motion to dismiss or on a plea agreement requiring approval by the trial court and any other hearing which proposes a final disposition of the case.

SB 3788/HB 3509 (Public Chapter No. 1012)

Self-Defense : This allows a person to use self-defense when an unlawful and forcible entry is made at a person's place of business, includes job site. Expands the self-defense doctrine set forth in T.C.A. § 39-11-611.

JUDICIARY

SB2594/HB2585 (Public Chapter No. 979)

TBI Registry for Sexual Offenders : This law modifies T.C.A. § 40-39-203 and requires sexual offenders to supply the TBI with information concerning electronic mail address information, any instant message, chat or other Internet communication name or identity information that the person uses or intends to use, whether within or without the state of Tennessee, the offender shall report the change to the offender's registering agency within 3 days of changing any such information, excluding holidays. It also allows TBI to electronically transmit information to businesses for the purposes of prescreening.

SB4199/HB4197 (Public Chapter No. 1161)

Sex Offender Registry: This public act rewrites certain sections of the Sex Offender Registry Act, including § 40-39-201; § 40-39-202; § 40-39-203; § 40-39-204; § 40-39-206; § 40-39-207; § 40-39-208; § 40-39-209; § 40-39-210; § 40-39-211; § 40-39-212; § 40-39-213; § 40-39-214.

SB3162/HB2917 (Public Chapter No. 901)

Sexual Offenders : This act modifies T.C.A. § 40-35-315, adding a new section prohibiting the court from ordering work release for a person convicted of a sexual offense or who is a violent sex offender. The act also creates a new section, T.C.A. § 40-35-213, which prohibits any person who is convicted of a sexual offense or violent sexual offense from being eligible for a work release program.

SB3307/HB2906 (Public Chapter No. 1074)

Filing Fees for Orders of Protection : This law modifies T.C.A. § 36-3-617, and provides that no petitioner shall be required to bear the costs, including any court costs, filing fees, litigation taxes or any other costs associated with the filing, issuance, registration, service, appeal or enforcement off an ex parte order of protection, order of protection, or a petition for either such order, whether issued inside or outside the state. If the court, after the hearing, issues or extends an order of protection, all court costs, filing fees, litigation taxes and attorney fees shall be assessed against the respondent.