(NASHVILLE, TN), April 28, 2010 -- The Senate Judiciary Committee has approved a bill sponsored by Senator Diane Black (R-Gallatin) to make it a separate felony offense to harm or kill a fetus who is killed or injured in an assault against the mother, regardless of its viability.  The bill was approved yesterday as the Senate Judiciary Committee completed their business for the 2010 legislative session. 

Under Tennessee’s present law, offenders charged with a homicide against a pregnant woman, can only be charged with the death of the fetus if it is considered “viable” at the time of the assault.  This legislation, Senate Bill 3699, specifies that when a defendant commits a homicide or assault against a pregnant woman, the woman’s fetus is also considered a victim of the offense, regardless of its gestational age or viability.

“The fact remains that the life of the unborn child is endangered, regardless of its viability, or in the case of murder, ended as the result of the violent act,” said Senator Black.  “This bill recognizes that a violent act against a pregnant woman involves the assault on two lives, the mother and her fetus.”

The bill is sponsored by Rep. Joshua Evans (R-Greenbrier) in the House of Representatives.

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Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@legislature.state.tn.us

 (NASHVILLE, TN), April 28, 2010 -- Traffic ticket quotas would be prohibited in Tennessee under legislation sponsored by State Senator Tim Burchett (R-Knoxville) and approved by the Senate Judiciary Committee on Tuesday.  The bill would prohibit law enforcement officers from being punished or rewarded due to the number of traffic citations issued or collected upon.

“Traffic enforcement should be about public safety, not adding more money to government coffers,” said Senator Tim Burchett.  “Ticket quotas are just wrong!”

The proposal, Senate Bill 2703, prohibits state agencies and local governments in Tennessee from establishing or maintaining, formally or informally, a plan to evaluate, promote, compensate or discipline a law enforcement officer based solely on the issuance of a predetermined or specified number of traffic citations.  The bill further prohibits them from requiring or suggesting to a low enforcement officer that the officer is required or expected to issue a predetermined or specified number of traffic citations within a specified period.

“Citizens should not have to be subjected to a ticket quota system,” added Burchett.  “This legislation just clarifies for state law that this practice is not legal in Tennessee.”

Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@legislature.state.tn.us

     (NASHVILLE, TN), April 27, 2010 -- Legislation sponsored by Senator Brian Kelsey (R-Germantown) was approved by the Senate Judiciary Committee today calling for lifetime imprisonment of those convicted of aggravated rape of a child when the victim is 10 years of age or less.   The bill was approved today as the Senate Judiciary Committee is working to wind up their business for the 2010 legislative session.

     "Aggravated child rape has devastating lifelong effects on children," said Senator Kelsey.  "This bill sends a strong message that these heinous acts against children will not be tolerated in Tennessee."

     Under current law, the charge of aggravated rape of a child applies when the victim is three years of age or less.  That crime is punishable by 40 to 60 years imprisonment.  Rape of a child between the ages of three and ten is currently punishable by 25 years imprisonment.  This legislation applies aggravated rape to cases when victims are ten years of age or less, and requires imprisonment for life.  

     According to the Department of Correction, there has been an average of 61 admissions for rape of a child in each of the past 10 years.  They estimate eight percent of the victims were between the ages of three and ten.

     "These are the worst of the worst child sex offenders,” added Kelsey.  “Studies show that, by the time a child sexual offender is caught for the first time, they have usually raped other children and that these offenders are rarely if ever rehabilitated.  This bill makes sure child offenders never get that the opportunity to commit this crime again.” 

     The legislation, Senate Bill 3318, is sponsored in the House of Representatives by Representative John DeBerry (D-Memphis).

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Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@capitol.tn.gov

 (NASHVILLE, TN), April 23, 2010  --  State Senator Rusty Crowe Crowe (R-Johnson City) has won approval in the Senate Judiciary Committee of legislation which aims to curb the number of deaths in work and school zones.  The legislation, Senate Bill 2882, was approved during the 2010 State and National Work Zone Awareness Week which began on April 19. 

The bill adds to the list of charges that can be considered under the state’s vehicular homicide law, cases where the cause was the driver’s knowing failure to exercise due care in a construction zone or a school safety zone or their inadvertence or inattention.  The bill is sponsored by Representative Matthew Hill (R-Jonesborough) in the House of Representatives.   

 “We have had several tragic deaths recently in these zones where drivers know they are supposed to be paying close attention and taking extraordinary care,” said Senator Crowe.  “This bill allows district attorneys to look at these crimes and bring charges under Tennessee’s vehicular homicide law when the inattention is so reckless that it results in a death in one of these two safety zones.” 

There were 12 fatal crashes in construction zones and three deaths in school safety zones last year in the state.  The Tennessee Department of Transportation also reports 961 people were injured in work zone crashes in 2009.  Governor Phil Bredesen proclaimed the Work Zone Awareness Week in Tennessee, joining states across the nation to remind motorists of the dangers of distracted driving in work zones. 

"Work Safety Zones need the undivided attention of motorists for the safety of our construction workers and to encounter rough surfaces, uneven pavement, slower speeds and traffic queues that often present a need to slow down abruptly, added Crowe.  “School Safety Zones are there for the protection of children and should be strictly observed.  There is a small margin of error for drivers passing through these sites.”
The crime would be punishable as a Class D felony, under the bill.
Reports show that approximately 90 percent of fatalities in work zones are motorists and their passengers.

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Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@capitol.tn.gov

 (NASHVILLE, TN), April 22, 2010  --  Major legislation overhauling the way state government contracts for the purchase of up to $25 billion in goods and services has been approved by the Senate State and Local Government Committee.  The legislation, Senate Bill 3598, sponsored by Senator Bill Ketron (R-Murfreesboro), is designed to implement cost saving strategies taken from the best practices implemented by procurement officials nationwide that could save Tennessee hundreds of millions of dollars over the long run.
 
 “This bill streamlines the way we do business to help ensure Tennessee taxpayers get the best value for our dollars in state contracting,” said Senator Ketron, who is Chairman of the Fiscal Review Committee,  the legislature’s financial watchdog panel.  “We will save hundreds of millions of dollars for the taxpayers over the long run by applying best practices and modernizing how state government manages the procurement of goods and services.”

The bill uses information contained in a State of Tennessee Procurement Assessment showing state authority for contracting is divided with one path for procuring goods and routine services and another path for the purchase of professional services.  Each path has its own rules, players, decision makers, databases, technology, policies and staff.   Without a single entity in charge of or accountable for statewide procurement spending, there is currently no easy way to manage a coherent, comprehensive, statewide cost saving strategy for procurement.  The report also said it was confusing for vendors to do business with the state due to inefficient and redundant processes.

The proposed legislation would combine procurement of goods and services for the state into one central office housed in a department to be chosen by the governor.  The governor would also appoint a single Chief Procurement Officer who has extensive qualifications and experience in contract administration to head the agency.  The Chief Procurement officer would lead a staff of 88 well trained professionals to carryout the function of procurement management, contract management, contract compliance /quality assurance, and vendor customer relations. 
 
An Advisory Council for State Procurement would be established to provide counsel to the new agency, replacing the present Board of Standards and Review Committee.  It would consist of representatives from state agencies, the legislative branch and those with expertise from the vendor community. 

“The new statewide system could also take advantage of the government’s clout as a volume-buyer to leverage more competitive bidding,” added Ketron. Other objectives of the legislation is to provide opportunity and fairness in state contracting and implementation of performance measures to make sure taxpayer dollars are used efficiently and effectively. 

“We are in very tough financial times right now and, if we are going to move forward, we must restructure state government from the way we know it,” added Ketron.  

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NASHVILLE, TN – The State Senate has approved a resolution sponsored by Senator Mae Beavers calling for an elected State Attorney General (AG).  The resolution, Senate Joint Resolution 698, was approved by a vote of 19-14 this morning on the Senate floor.

“If the role of the Attorney General in the state of Tennessee is to provide the best legal service possible to the state and its citizens, then it doesn’t make much sense to me that he or she is currently twice removed from the citizens of Tennessee,” said Beavers.  “Currently, the people of Tennessee have to elect a governor, who appoints the Supreme Court, who then appoints the Attorney General and Reporter.  This process eliminates any possible practical or substantial check of the attorney general by Tennesseans – who are supposed to be his or her most important clients.”

Forty-three states elect their attorneys general via a popular election, and in six other states, the Attorney General is selected by either the popularly elected Governor or the popularly elected state legislature.  Beavers said for most of Tennessee’s history, when the Constitution called for nomination by the Supreme Court Justices, the court was popularly elected. 

“The Supreme Court Rules talk about promoting public confidence in the integrity and impartiality of the judiciary,” said Beavers.  “How does a system where an Attorney General appointed by the same body he might one day argue a case before promote public confidence and impartiality?”

The resolution offered by Beavers would amend the state’s Constitution to allow a popular election every four years.  The amendment process would require approval by both the 106th and 107th General Assemblies.  If approved, the question would then go to voters in a statewide referendum in the year 2014.

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Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@capitol.tn.gov

(NASHVILLE, TN), April 20, 2010 – A resolution seeking to amend Tennessee’s Constitution to allow tax exempt veterans groups to raise funds in the same manner as  501 (c)(3) charitable organizations has been filed by Lt. Governor Ron Ramsey (R-Blountville), and Senators Rusty Crowe (R-Johnson City), Bill Ketron (R-Murfreesboro) and Jim Tracy (R-Shelbyville).  The lawmakers said veterans groups were left out of the Constitutional Amendment approved by voters in 2002, which also allowed for a State Education Lottery. 

The 2002 Amendment allows Internal Revenue Code 501 (c) (3) charitable organizations to conduct an annual fundraising event which includes a game of chance.  The events must be authorized by a two-thirds vote of the General Assembly and has included games such as raffles, reverse raffles, cakewalks, duck races and cakewheels.  Veterans groups are generally organized as 501 (c) (19) or 501 (c) (4) organizations under the Internal Revenue Code.

“This change will allow an outpouring of support for veterans groups across Tennessee,” said Lt. Governor Ramsey.  “The Volunteer State has a tremendous number of veterans and an even larger number of citizens who wish to show their support for the sacrifices made on our behalf.”

“This is the first time since the Constitutional Amendment was passed that action has been taken to allow veterans groups to participate in these fundraising events,” said Senator Crowe, who is Chairman of the Joint Committee on Veterans Affairs.  “I continue to hear from veterans about the need to change this so that they, too, can raise funds through such events as raffles.  These veterans groups do a lot of good community service work and I am proud to join with my colleagues to find a way to help them in their efforts.”

The resolution filed also seeks to amend the Constitution to allow the veterans organizations and 501 (c) (3) s to have more than one event per year.  

“As legislators we see many opportunities to pass legislation but rarely do we have the opportunity to change the Constitution,” added Senator Ketron.  “This bill gives us the opportunity to give something back to those who have sacrificed for this country and who continue to serve others through service to their community.”

“The veterans should have never been left out of the original Amendment,” added Senator Tracy.  “They do a lot of good work in our communities to help a lot of Tennesseans.  Hopefully, our General Assembly will pass this Resolution to include them as an eligible organization.

The Resolution, SJR 982, must be approved by both the 106th General Assembly, currently in session, and the 107th, which will take office in 2011, before going to voters in a statewide referendum in November 2014.

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Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@capitol.tn.

(NASHVILLE, TN), April 15, 2010 –State Senator Jim Tracy (R-Shelbyville) guided passage of legislation through the Senate Judiciary Committee this week aimed at averting a tragedy like one that occurred in Rutherford County last November.  The bill, Senate Bill 3439, gives law enforcement officers who believe a defendant arrested for an offense against a person poses a substantial likelihood of serious harm the ability to request an examination of the defendant by a member of the Community Mental Health Crisis Response Service. 

The examination must be completed within 12 hours or the defendant would be allowed to admit bail under the bill, as amended.

 “The bill arises from a Rutherford County tragedy last November, when a woman was beaten by her son after he had been arrested for assault,” said Senator Tracy.  “The son had a long history of mental illness.  This bill works to avert such tragedies from occurring again.” 

The bill, which was approved by a 9 to 0 vote in the Senate Judiciary Committee, now goes to the full Senate for final approval.  The bill is sponsored by Rep. Kent Coleman (D-Murfressboro) in the House of Representatives. 

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Contact:  Darlene Schlicher (615) 741-6336 or email:  darlene.schlicher@capitol.tn.gov

 (NASHVILLE, TN), April 15, 2010 – Legislation sponsored by Senator Bill Ketron (R-Murfreesboro) that would strengthen penalties against those who are convicted of animal cruelty was unanimously approved by the full Senate on final consideration this week.  The bill makes violation of a judge’s order connected with animal cruelty conviction a Class A misdemeanor, which carries up to a one-year jail sentence and a $2,500 fine.  It also provides that second and subsequent cruelty to animal convictions would be considered a Class E felony with a one- to six-year prison sentence and up to $3,000 in fines.

“The current law does not have any teeth,” said Senator Ketron.  “There is nothing to punish those who commit this crime from abusing again.”

Currently, a judge in Tennessee can issue a special order that bans persons convicted of animal cruelty from owning an animal again.  However, the law does not prescribe penalties to allow prosecutors or judges to punish offenders.

The link between animal cruelty and other forms of violence is a national concern. For example, the practice of dog fighting is commonly linked to illegal drug and weapons violations, gambling, aggravated assault and gang violence.

The bill, Senate Bill 3540, now goes to the governor for his signature before becoming law.

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(NASHVILLE, TN), April 14, 2010 – The Senate Commerce Committee today approved legislation sponsored by Senate Republican Caucus Chairman Diane Black (R-Gallatin) that would prohibit taxpayer-funded coverage for abortion services in Tennessee associated with the federal healthcare bill passed by Congress last month.  The bill, Senate Bill 2686, prohibits any health care plan established pursuant to federal health care reform legislation enacted by the 111th United States Congress from offering coverage for abortion services. 

 “I am very pleased that we received unanimous support for this bill in the Commerce Committee today,” said Senator Black.  “We have worked for years to ensure that taxpayer money is not used for abortion services in Tennessee.  We must fight back against this overreach of federal power.”

Black maintains an Executive Order signed by President Obama as part of an agreement to gain the votes of a key block of anti-abortion Democrats as the price for the massive federal health care law will not stop federal funding of the procedure.
 
“We are not comfortable that the Executive Order will stand up to protect the life of the unborn,” added Black.  “It does not fix the fact that this federal health care law clearly allows for the funding of elective abortions. Therefore, we must take every action possible to protect Tennessee from being a part of a plan that allows for funding abortions.”
 
Black was sponsor of a resolution to give Tennesseans the opportunity to restore their voice in determining what state law should be regarding common sense protections for abortions.  She also sponsored a measure to defund Planned Parenthood by ensuring that family planning funds go to public women’s health service providers first. 

The bill was approved in the House of Representatives on final consideration on Monday by a vote of 70 to 23.  It now goes to the Senate floor for final consideration there before going to the governor for his signature. 

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