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From YouTube: House - Criminal Justice Subcommittee - March 28, 2023
Description
House - Criminal Justice Subcommittee - March 28, 2023
A
Ladies
and
gentlemen,
before
we
begin-
and
we
all
are
very
aware
and
and
saddened
by
the
loss
of
life,
the
incidents
that
occurred
yesterday,
it's
our
understanding
that
there
are
right
now
children
and
families
that
are
gathering
at
the
school.
So
if
you
would,
let's
take
a
moment
of
silence
in
memory
of
of
those.
A
A
B
A
A
C
C
A
C
You
Mr
chairman
and
committee.
Current
law
hinders
the
access
of
victims
of
human
trafficking
to
assessing
the
criminal
injuries
compensation
fund
due
to
the
unique
nature
of
their
crime.
Proposed
legislation
was
drafted
by
the
Tennessee
by
the
treasurer's
office
after
multiple
conversations
to
allow
victims
of
human
trafficking,
the
same
opportunities
as
other
victims
to
access
the
criminal
injuries,
compensation
fund
for
pain
and
suffering.
A
A
A
D
A
A
C
You
Mr
chairman:
this
requires
the
sentence
for
a
person
convicted
of
rape
be
no
less
than
a
sentence
imposed
for
a
range
II
offender
if
the
victim
of
the
offense
is
at
least
13
years
old,
but
less
than
18
years
old,
and
it
enhances
the
penalty
for
incest
if
the
victim
is
a
minor
from
a
class
C
felony
to
a
class
B
felony
and
requires
the
sentence
for
a
person
evicted
of
incest
to
be
no
less
than
a
sentence
imposed
for
a
range
2
offender.
If
the
victim
is
a
minor.
A
E
Thank
you
Mr
chair
and
members
of
the
criminal
justice
subcommittee.
This
bill
here
aims
to
fix
an
injustice
that
incurred
here
in
the
state
of
Tennessee
a
resident
who
who
was
sentenced
to
six
years
in
prison
for
trying
to
register
to
vote
the
case
attracted
National
tension
because
of
the
severity
of
the
sentence.
E
This
Tennessean
had
no
idea.
She
was
ineligible
to
vote.
She
had
taken
all
steps
to
restore
her
voting
rights
in
the
state.
The
whole
situation
stemmed
from
a
government
official's
era,
but
she
was
the
one
held
accountable.
She
had
completed
her
prison
prison
sentence
in
2015,
felony
conviction
when
she
thought,
when
she
sought
information
in
2019
on
her
voting
eligibility
to
restore
rights
that
she
that
she
said
she
did
not
know
she
had
lost
when
she
pled
guilty.
E
E
It
revealed
the
probation
officer
failed
to
cross-check
records,
which
led
to
the
misrepresentation
in
her
probation
period.
Her
attorney
said
that
he
had
never
seen
the
document
before
the
guardian
showed
it
to
him
in
last
February.
The
judge
who
oversaw
the
case
and
sentenced
ordered
a
new
trial
site
and
the
prosecution's
failure
to
disclose
the
letter,
even
if
it
was
inadvertent.
E
A
person
is
further
prohibited
from
from
eligibility
apply
for
a
voter
registration
card
unless
the
person
has
paid
all
restitution
to
the
victim
of
the
offense,
all
court
costs
associated
against
a
person
for
a
trial.
If
the
applicant
is
not
Indigent
in
all
child
support
obligations,
once
conditioner
met,
an
eligible
person
may
request
a
certificate
of
restoration
of
voting
rights
to
be
submitted
to
the
minister
of
election
in
appropriate
County.
So
what
this
bill
does?
E
It
would
create
a
process
for
implementation
of
a
certificate
of
registration
of
voting
rights
without
requiring
action
by
the
person
eligible
for
reinstatement.
The
bill
would
eliminate
any
suspicion
of
voter
fraud
or
malice
intent
by
removing
the
applicant
for
it.
For
restoration
from
the
chain
of
custody
entirely,
this
bill
established
Statewide
uniformity
and
a
certificate
of
registration
process
which
significantly
reduced
to
practice
practically
eliminating
any
error
on
behalf
of
our
state
and
local
agency.
This
bill
creates
efficiency
among
governance,
government
agencies
by
streamlining
the
process
for
restoration
process,
Mr,
chair
and
members
I.
A
F
E
F
D
G
So
understand
what
we're
trying
to
do
and
I
appreciate
you
sharing
with
us
the
specific
circumstance
I'm
still
trying
to
figure
out
exactly
how
that
matches
with
this,
but
I
will
admit.
I
walked
in,
as
you
were
in
mid
presentation,
so
you
probably
covered
some
with
this
beforehand
in
subsection
C
of
this.
Unless
there's
an
amendment
here,
it
says
that
the
local
election
commission
is
to
contact
the
individual,
about
assistance
to
registering
to
vote
I
mean
they
already
do
that.
What
more
would
you
envision
as
part
of
this.
E
Thank
you
later,
there's
nothing
changing
as
far
as
the
person
himself
or
the
the
entities
in
terms
of
the
process.
The
process
itself
doesn't
change,
with
the
only
exception
of
the
individual
will
not
be
taking
the
certificate
themselves.
This
is
where
the
issue
happened.
It
begins
to
it.
It
looked
as
if
it
was
voter
fraud
by
her
taking
the
document
herself,
whereas
this
process
would
eliminate
any
errors
that
occurred
in
the
process.
G
Well,
my
issue
with
that
is,
is
that
we've
got
192
400
fiscal
note
here
to
the
locals
and
it
I've
never
been
a
big
fan
of
unfunded
mandates.
There
should
be
a
state
entity
that
could
do
what
you're
describing
and
then
I
think
would
we
would
be
in
better
shape.
So
my
only
reservation
on
this
is
that
we
appear
to
be
hoisting
something
on
the
County
election
commission.
G
They
already
allow
folks
to
come
in
and
register
and
everything
else
and
I
the
circumstance
you
described
sounds
relatively
unique,
I'm,
just
not
comfortable
requiring
them
to
be
the
ones
that
do
it.
If,
if
the
state's
going
to
force
this
and
I
want
this
to
be
as
streamlined
and
easy
as
possible
for
anybody
without
error,
it
to
me
should
be
a
state
entity
that
is
doing
this,
the
Secretary
of
State,
someone
else,
but
that's
molar
reservation.
Thank
you.
E
Thank
you.
I
will
tell
you
that
I
actually
went
and
talked
to
my
County
election
commission
Miss
Elizabeth
black
on
Friday
about
this
bill.
She
is
totally
in
favor
of
it.
She
felt
that
it
was
a
really
good
bill
and
it
really
and
truly
eliminated
any
again
any
missed
errors
that
may
take
place
from
hand
to
hand
versus
the
individuals
who's
responsible
taking
on
it.
H
Thank
you,
chairman,
I
came
in
halfway
to
I,
had
another
bill
across
the
hall
just
to
make
sure
I'm
understanding
perfectly.
This
doesn't
change
state
law
at
all.
As
far
as
the
requirements
before
you
can
get
your
voter
rights
back,
you
still
have
to
go
through
the
process.
You
still
have
to
serve
your
time.
You
still
have
to
pay
your
fines
and
fees
and
restitution,
and
all
that
doesn't
change.
Any
of
that.
It
just
lays
the
burden
of
informing
somebody
at
the
election
office
is
am
I,
saying
that
correctly
absolutely.
A
E
A
D
Somebody
tell
me
what
I'm
here,
it's
more
like
we're,
we're
encouraging
them
to
contact
so
they're
they're
encouraged
to
do
it,
but
there's
no
penalty.
If
they
don't
do
it
and
chances
are
those
election
commissions
will
work
with
us
and
try
to
make
sure
it's
not
going
to
be
that
many
I
would
imagine
across
the
state
when
you
break
it
down
into.
However
many
election
commissions,
we
have
95
90,
whatever
you
know,
but
it
encourage
them
to
do
so,
and
I
think
the
bill
makes
a
lot
of
sense.
D
You
know,
unfortunately,
this
happened
to
that
lady
whomever
he
was
I'm
always
of
the
opinion
as
soon
as
people
can
get
back
on
track,
having
a
full
life
restoration,
the
better
off
they'll,
be
for
themselves,
their
family
and
our
community.
So
I
appreciate
it.
Thank
you,
Mr
chairman,
thank
you,
representative,
Howell,.
I
I
E
Correct,
thank
you.
Mr
Jim,
nothing
changes,
so
you
go
into
the
election
commission
and
you
ask
for
the
paperwork
or
the
process
to
restore
your
voting
registration.
The
election
commission
will
then
send
it
to
the
appropriate
authorities
themselves.
The
individual
will
not
carry
that
paperwork.
The
election
commission
will
send
it
to
the
appropriate
authorities
based
on
the
information
you
give
them
once
they
send
it
to
the
your
probation
officer,
whoever
they
sign
off,
and
then
they
send
it
back
to
the
election
commission
for
you
to
be
restored.
E
J
Thank
you,
and
so
back
to
kind
of
chairman
doggett's
question
about
that.
Shall
language?
If,
if
the
election
commission
fails,
can
that
person
then
sue
for
not
having
their
rights
restored
or
that
paperwork
not
turned
in
properly
or
would
they
not
have
some
sort
of
civil
litigation
against
our
community?
Thank.
E
I
Thank
you,
Mr
chairman
I'd,
like
to
follow
up
on
my
colleague,
representative
Davis.
That
does
bring
up
a
question
if
you
know
there's
a
big
difference
in
in
bills
about
May
or
shall
or
will
and
anytime
there's
a
shall.
You
know
it
gets
my
attention.
So
this
is
a
mandated
thing
that
this
election
commission
has
to
do
and,
as
we
all
know,
anybody
can
sue
for
anything
whether
it's
in
civil
court
or
whatever,
but
I
have
a
concern
about
that.
I
D
Mr,
chairman
I,
I,
I'm,
apprehensive
and
I'm
very
you
know,
concerned
as
well
as
it
relates
to
a
citizen
trying
to
to
get
their
lives
back
together
and
as
a
body
we
can
can
look
at
what
is
necessary
to
to
ameliorate
this
piece
of
legislation
that
we
ought
do
that
in
order
to
give
that
take
a
person
or
persons
an
opportunity
to
do
just
so
many
times
the
stuff
is
drawn
up.
You
only
been
here
a
long
time.
Some
of
you
have
the
the
wording
is
in
our
people.
D
Do
a
great
job,
superb
job,
but
the
word
is
not
adequate
and
the
Committees
many
times
improve
these
bills.
So
what
I'm
going
to
ask?
Is
this
chairman,
Lambert,
okay
and
others
that
are
here
that
we
we
need
to
look
at
if
this
bill
needs
to
be
rolled
and
amended
and
tweaked,
where
it
accomplishes
what
what
the
gentleman
is
trying
to
accomplish
that
we
do
it
because
we
have
on
the
other
side
of
it
crazy.
D
You
got
a
real
human
being
that's
trying
to
repair
restore
themselves
and
our
knowledge,
you
know,
may
need
to
be
added
in
this
equation.
So
at
this
point,
chairman
Lambert
I'm
deferring
to
you
on
what
we
can
do
to
try
to
accomplish
what
it
is.
I
see
that
Mr
Mr
again
representing
Glenn,
is
trying
to
trying
to
accomplish.
G
Later
Lambert
now
representative,
it's
been
many
years
since
I
was
chairman.
If
you
were
to
ask
for
someone's
assistance,
I
would
recommend
it
be
chairman
doggetts
in
this
particular
circumstance.
So
you
we
served
several
years
in
which
I
was
your
chairman.
I
was
honored
to
serve
in
that
capacity,
but
at
this
current
time
in
Tennessee,
History,
chairman
Doggett
would
be
who
I
would
refer
to.
If
you
were
looking
for
assistance
in
this
particular
endeavor.
D
The
the
great
leader
has
referred
it
to
you
and
then,
and
and
and
and
and
and
and
I
can
I
can
suggest
leader
as
well
as
chairman,
Target,
that
we
look
at
it
for
a
week
and
see
if
we
can
put
something
together
that
may
help
us.
You
know
tweaking
because
I
hear
what
chairman
Howell
and
some
of
those
are
saying.
Let's
let
me
just
motion
that
we
move
it
a
week,
so
we
can
actually
look
at
it.
Okay,.
D
E
A
K
Thank
you
chairman
and
members.
House
Bill
1126
is
brought
To
Us
by
our
local
judge
in
White
County
and
where
this
is
a
issue
with
dogs
running
at
large
and
maybe
going
over
to
the
neighbors
and
killing
their
chickens
or
whatever
they're
killing,
and
he's
asking
that
he
can
ask
for
restitution
for
damage
to
other
people's
property.
A
A
L
J
H
A
H
Thank
you
Mr
chairman,
and
what
this
bill
does
is
folks
that
have
been
put
on
the
sexual
registry
list
because
of
back
in
the
90s,
when
we
passed
the
bills
dealing
with
HIV
and
AIDS
that,
if
you,
if
you
transmitted
that
disease,
either
intentionally
or
not
intentionally
or
consensually
or
not
consensually,
that
you
can
be
charged
with
a
class
C
felony.
This
bill
doesn't
take
away
that
charge
at
all.
But
we
ended
up
putting
these
folks
on
a
sexual
registry
list
which,
in
my
opinion
it
it's
not
for
that.
H
It's
for
predators
and
at
any
rate,
you
have
folks
coming
out,
particularly
people
who
are
in
a
trafficking
situation
and
they've.
They've
come
out
of
that,
and
now
they
have
this
sexual
registry
that
it's
10
more
years
before
they
can
ever
get
off
of
it.
So
what
this
bill
does
it
says
that
effective
July,
the
1st
of
this
year,
if
you're
charged
with
this,
you
won't
go
on
the
sexual
registry
list
and
if
you've
been
charged
prior
to
this
you
can
you
can
make
an
appeal
to
come
off
the
list.
A
A
H
N
A
N
E
N
Requires
that
the
an
officer
who
responds
to
the
stalking
aggravated
stalking
domestic
violence,
sexual
assault,
Etc
that
that
officer
would
have
information
in
the
form
of
a
simple
document
that
would
notify
the
victim
of
the
availability
of
GPS
monitoring.
That
could
be
required
as
a
condition
of
bail.
And
what
does
that?
Do
that
allows
the
the
alleged
victim
to
be
able
to
go
about
their
lives
without
feeling
like
they
have
to
be
imprisoned
because
of
the
freedom
of
the
alleged
perpetrator?
N
This
is
one
that
I've
worked
with
judge
Carter
on
for
quite
a
while
and
I
have
some
amendments
that
I
don't
think.
We
need
to
consider
those
on
this
and
what
this
would
be
the
same
as
it
was
last
year.
We
got
it
to
the
floor
and
we
just
didn't
have
time
to
get
the
family
to
the
to
be
scheduled
to
come
to
witness
a
passage
of
the
bill.
A
A
O
O
O
The
situation
continues,
even
though
we
have
been
very
successful
in
passing
legislation
in
years
past,
addressing
reckless
driving
and
drag
racing,
and
what
this
bill
will
do
is
it
will
allow
the
seizure
of
the
vehicle
used
in
drag
racing
on
the
front
end.
The
reason
why
this
is
important
and
the
reason
why
I'm
taking
such
a
drastic
step
is
last
year
we
had
some
300
arrests
for
drag
racing
and
not
a
single
one
of
them
was
actually
convicted
of
drag
racing.
O
The
problem
continues,
it
is
plaguing
us,
I'm,
honestly
shocked
that
we're
not
seeing
more
deaths
and
casualties
as
a
result
of
this
a
couple
years
ago
there
was
another
instance
where
Interstate
240
was
stopped
and
an
ambulance
was
waiting
to
get
to
Baptist
East
hospital
at
the
Walnut
Grove
exit
had
that
ambulance
been
carrying
a
patient,
that
patient
would
have
most
certainly
have
died.
I'm
sure
there
are
hundreds
of
other
situations
across
the
state
just
in
the
past
month,
where
this
is
happening.
O
J
I
have
a
question
with
regard
to
the
amendment.
In
section
four,
it
says
that
the
vehicle
must
be
destroyed.
It
is
not
subject
to
sale
or
use
by
state
county
or
Municipal
agency.
Would
you
be
willing
or
open
to
amending
that
language
to
where
the
car
would
be
sold,
but
those
monies
would
be
go
would
go
to
a
traumatic
brain
injury
fund,
similar
to
what
we
do
for
DUI.
O
H
A
H
And
we
haven't
put
the
amendment
on
yet,
but
I
did
they
give
a
civil
side
of
this
thing?
I've
never
liked
civil
asset
for
ever
I've
always
been
opposed
to
it.
To
me
it
violates
Fourth,
Amendment
and,
and
then,
if
you
can
find
criminal
charges,
you
jump
out
of
the
Civil
side
and
jump
into
criminal
charge.
So
you
can,
you
can
charge
them
I
it
I
would
much.
H
O
Thank
you
Mr
chairman
and
chairman
Halsey.
There
is
already
we
we
already
have
that
ability
and
that's
I
think
the
problem.
It's
not
working
I
think
the
arrests
last
year
proved
that
it's
not
working
I've
had
multiple
conversations
with
some
DA's,
both
both
Republican
and
Democrat
and
I
I
I.
Don't
really
know
that
increasing
the
penalty
for
drag
racing
at
this
point
is
the
solution
because
at
least
where
I
live.
What
we're?
P
Campbell,
thank
you
Mr
chairman.
Not
too
many
weeks
ago,
a
colleague
and
I
were
walking
near
the
Nashville
Public
Library
I
recognize
this
was
not
drag
racing,
but
there
was
a
car
that
went
in
the
dark
of
night
or
the
evening
went
through
a
red
light
at
where
buildings
are.
You
cannot
see
through
the
buildings
to
see
if
any
traffic's
coming.
P
O
Thank
you,
representative,
Campbell,
I,
I,
completely
agree
with
you
and
I.
Also
I
may
be
making
a
controversial
statement
here,
but
I
believe
bad
behavior
drives
other
bad
behavior
in
these
cases
like
the
so
when
you
have
people
that
are
acting
Reckless
out
there,
getting
away
with
that,
behavior
I
think
that
they
then
see
that
and
say
well,
we
can
street
race
as
well,
because
no
one's
going
to
stop
us,
speeding
and
so
I
think
that's
a
very,
very
excellent
point
and
I
believe
this
would
help
with
that.
G
Famous
chairman
and
I
was
talking
to
Chairman
Jose
over
here
for
a
moment.
I
think
one
important
part
of
this
is
that
this,
while
in
the
Civil
asset
forfeiture
section,
requires
that
a
motor
vehicle
used
in
the
commission
of
a
violation
of
subsection,
a
which
is
55
10
502..
So
this
is
Criminal
asset
forfeiture
it's
it's
not.
You
know
civil
in
nature
as
if
it's
disconnected
or
unhinged
from
a
criminal
activity.
G
It's
going
to
have
to
be
used
in
the
commission
of
a
violation
of
drag
racing,
so
unless
they
can
prove
that
it's
used
in
Drag
Racing
the
vehicle's
not
going
to
be
forfeited
and
I
I
share.
My
friend
representative
Davis's
advice
that
the
vehicle
be
sold
to
the
traumatic
brain
injury
fund.
These
crashes
hurt
people,
sometimes
folks
that
are
involved
in
Drag
Racing,
sometimes
folks
that
are
just
innocent
bystanders
and
that
fund
I
think
should
be
replenished
by
the
very
folks
that
are
causing
some
of
the
damage
that
is
out
there.
G
So
just
wanted
to
bring
that
up.
As
far
as
the
asset
forfeiture
part
of
it
we've
just
about
killed
civil
asset
forfeiture
in
this
state,
which
is
a
good
saying,
it
is
Criminal
asset
forfeiture
now,
unless
you
can
prove
that
this
vehicle
was
Associated
and
in
fact
used
in
the
commission
of
drag
racing,
nobody
is
going
to
be
able
to
to
seize
or
forfeit
that
vehicle,
which
is
a
good
thing.
So
I,
like
those
Protections
in
there.
Q
N
O
D
D
You
know
because
they
come
out
of
nowhere
like
a
bat
out
of
hell
and
they
Zoom
by
it's
a
problem
and
the
only
problem
with
this
bill
when
I
had
included
in
there
is
that
you
take
the
car,
give
them
some
jail
time
and
and
you're
suspended
license
too,
and
the
license
are
actually
activated
once
they
committed
completed
their
jail
time.
These
are
serious
infractions
that
can
maim
people
kill
people,
and
it's
frightening
with
somebody
coming
behind
you
doing
that
kind
of
tremendous
kind
of
speed.
D
We
have
to
do
something
to
get
these
people's
attention
to
prevent
this
kind
of
behavior.
The
streets
belong
to
everybody.
It
has
to
be
a
civilized.
You
know
process
in
order
to
drive
going
forward
to
work
and
God
forbid,
as
it
was
indicated
to
someone
transporting
a
patient,
and
these
sap
suckers
are
playing
on
the
streets
and
preventing
people
from
getting
by
or
your
house
is
burning
or
there's
been
a
shooting
or
something
of
the
nation.
D
D
H
A
A
O
Thank
you,
Mr
chair
this
bill's
Amendment
deals
with
the
mission
to
bail
from
the
defendant
accused
of
committing
certain
criminal
offense
us,
first
and
foremost
under
President
law.
Any
defendant
may
have
bail
set
by
magistrate,
judicial
commissioner
or
Court
Clerk
or
judicial
successions
court
or
trial
court
judge.
O
This
bill
would
restrict
the
sole
authority
of
magistrate
or
clerk
to
Res
release
a
defendant
accused
of
Class,
A
or
B
felony
on
his
own
recognizance,
and
it
said
required
the
approval
of
a
General,
Sessions,
Judge
or
trial
court
judge
to
do
so
to
release
such
offended
where
this
is
coming
from.
Is
we
have
a
revolving
door
in
our
Criminal
Justice
System
it
back
in
Shelby
County.
There
are
police
officers
that
will
arrest
the
same
people
for
violent
felonies
in
the
same
day.
O
F
Thank
you,
Mr,
chair,
I,
guess.
My
question
here
is
that
I
totally
understand
that
magistrates
aren't,
you
know,
setting
the
right
amount
of
bail.
However,
if
this
is
turning
that
over
to
these
other
judges
that
are
always
already
far
backlogged,
then
we've
got
another
bill
coming
up.
That
also
puts
a
massive
load
on
those
folks.
Is
there
something
that
we
can
do
to
make
sure
that
the
magistrates
are
are
putting
appropriate
bond
amounts
on
rather
than
sending
it
over
to
another
group
of
Judges?
Who,
who
really
don't
have
room
on
their
dockets
for
this
stuff?.
O
O
That's
not
a
full
work
schedule
and
I'm,
not
attacking
them
in
any
way
whatsoever.
But
I
will
say
that
that
is
part
of
the
problem
that
we're
facing
and
when
we
have
these
unelected
judicial
Commissioners
that
no
one
in
my
community
knows
who
they
are
doesn't
know
their
first
or
last
name
and
has
no
recourse
and
they're
making
decisions
like
letting
out
someone
accused
of
first-degree
murder
out
with
no
bail
whatsoever.
That's
a
problem.
O
O
F
F
It
sounds
like
you
need
to
really
make
sure
and
have
pressure
to
to
appoint
folks
who
know
what
they're
doing
and
are
accountable
to
the
people,
but
to
bog
down
folks
that
you
say
don't
work
and
perhaps
I'll
say
that
they
spend
a
lot
of
time,
not
in
the
courtroom,
preparing
I'm
not
going
to
tell
that
someone
else
is
not
doing
their
job.
I
know
that
those
things
take
a
lot
of
preparation,
but
it
just
seems
like
there's
a
smarter
way
to
go
with
this,
because
some
folks
are
not
doing
what's
right.
N
Thank
you,
chairman
and
I'm
trying
to
support
my
friend,
but
I've
got
to
push
back
on
the
comment
on
judges
being
lazy
and
not
showing
up
for
work.
I
know
a
few
judges
and
I
know
all
judges
don't
have
the
same
work
ethics,
but
the
majority
of
the
judges
that
I
know
do
work
before
court
do
work
after
court
on
weekends,
Saturdays,
Sundays
Etc.
We
have
a
backlog,
a
great
deal
of
that
backlog.
N
That
information,
like
everything
else,
that's
on
the
County
Commission
calendar
is
made
public
in
advance.
Individuals
are
nominated,
they're
vetted
in
public
by
the
County
Commission
and,
if
you
don't
like
them
or
don't
think
they're
qualified
you've
got
every
right
to
show
up
and
speak
against
them.
Hold
the
members
of
the
County
Commission
that
vote
for
them
hold
them
accountable
next
election.
N
So
I've
got
to
push
back
on
on
that
portion
of
it,
but
the
the
idea
that
we've
got
to
have
folks
setting
bail,
who
can
be
held
accountable
directly
by
the
public
I
agree
with
that.
I
just
don't
agree
with
some
of
your
statements
and
this
this
approach,
so
I'm
I'm
with
you
on
on
your
purpose,
but
not
necessarily
on
your
plan.
Thank
you.
Mr
chairman.
A
Leader
Lambert,
the
previous
question
previous
questions
been
called
any
objection.
I've
seen,
none
we're
voting
to
send
House
Bill
830
as
amended
on
the
full
criminal,
all
those
in
favor,
say
aye,
I,
suppose
eyes
Prevail.
If
you
wish
to
be
recorded.
As
a
note,
please
see
the
clerk
you
move
on
to
full
Criminal.
A
A
H
G
Mr
chairman
members
of
the
committee,
this
is
in
essence
the
same
bill.
We
passed
last
year
to
put
guardrails
and
qualifications
on
the
Delta
8
product
that
is
sold
out.
There
makes
it
where
it's
only
sold
to
those
sort
of
over
21
and
I've
worked
with
members
throughout
the
industry,
both
last
year
and
this
year,
to
ensure
that
we
put
some
safety
protocols
in
place
for
this
particular
product.
A
A
A
R
Unfortunately,
the
good
leader
is
left,
but
he
informed
me
that
the
American
law
institute's
code
is
something
we
don't
use
in
Tennessee,
but
this
resolution
is
proactive
to
prevent
that
from
happening
should
at
some
future
date.
This
happen
and
the
reason
quite
straightforwardly
is
article
213
of
the
model
penalty
code
party,
Penal
Code
of
the
American
law.
Institute
pertains
to
sexual
assault
and
related
offenses.
R
Unfortunately,
in
my
opinion,
article
213
of
this
code
mandates
hiding
a
sex
offender
Registries
and,
as
you
all
likely
know,
all
50
states
in
the
United
States
have
publicly
available
Registries,
including
Tennessee,
secondly,
and
most
heinously.
In
my
opinion,
it
adds
a
remarkably
anti-victim
change
for
a
crime
that
is
unmistakable.
R
It
adds
a
defense
of
age
knowledge,
in
other
words,
the
defendant
can
claim
that
they
didn't
know
the
victim
was
under
age
and
used
that
as
a
defense
and,
frankly,
that's
one
of
the
primary
reasons
that
I
agreed
to
run
this
resolution
in
the
house.
As
I
noted,
it's
already
passed
in
the
senate.
In
summary,
I
asked
for
a
favorable
vote
on
this
Senate
joint
resolution
from
Senator
Wally
and
I
stand
ready
to
answer
questions.
Thank
you.
R
Q
A
A
S
On
mm,
thank
you
Mr
chairman.
As
I
said,
this
Mill
amendment
makes
the
bill
on
this
cut.
This
is
the
Boating
under
influence.
It's
putting
the
law
back
like
the
driving
under
influence.
7.4
percent
of
our
fatal
boating
accidents
in
Tennessee
in
2019
were
the
cause
of
boating
under
influence
and
the
Coast
Guard
reports.
That's
about
23
percent
fatal
boat
accidents
were
contributed
to
alcohol
use,
and
most
of
Research
indicates
that
alcohol
is
likely
unreport
underreported
in
Coast
Guard
boating
accidents.
S
Additional
researchers
have
found
that
55
percent
of
fatal
bolt
victims
in
Maryland,
North,
Carolina,
tested
policy
for
alcohol,
and
also
it's
been
a
problem
upon
some
of
our
area.
Lakes,
Douglas
Lake
been
one
that
I'm
closest
to
and
so
therefore
we're
just
trying
to
make
the
law
mirror
what
the
DUI
is
and
then
we're
calling
this
in
the
Bui
voting
under
influence.
S
G
You
leader,
Lambert
famous
chairman
and
chairman
I,
know
we've
talked
about
this
bill.
I,
absolutely
love
the
bill,
whether
you're
intoxicated
in
a
vehicle
on
the
roadway
or
a
vehicle,
a
boat
out
on
the
waterways.
It's
extremely
dangerous.
We've
had
some
deaths
in
our
community
as
well,
and
this
bill
definitely
needs
to
pass.
I
will
say
the
only
thing
that
we
caught
and
just
kind
of
looking
at
this
bill
is
pretty
deep.
In
your
amendment
in
subsection
five
there's
a
reference
to
Metropolitan
forms
of
government
in
population
of
five
hundred
thousand
dollars.
G
Apparently
you
can
get
200
hours
of
community
service
instead
of
48
Hours.
Well,
that's
not
equal
justice.
In
my
opinion,
I
know
there's
nothing.
We
can
do
to
fix
it
right
now
in
subcommittee,
but
would
you
be
open
to
an
amendment
between
sub
and
full?
That's
leftover
language
from
the
current
statute
and
I'm,
going
to
be
looking
for
ways
that
we
can
take
that
out
of
the
DUI
Law
as
well.
But
just
because
you
live
in
a
certain
part
of
the
state
doesn't
mean
you
should
get
a
discount
for
criminal
Behavior.
S
I
A
S
H
You
Mr
chairman,
when,
when
you
first
came
up
with
this
before,
yes,
there
was
an
issue
of
marrying
up
the
reporting
system
so
that,
if
you
were
convicted
of
a
DUI
on
a
boat
and
then
within
10
years,
you
got
you
know
convicted
of
a
DUI
in
a
car
that
that
would
be
your
second
DUI
that
I
haven't
kept
up
with
you.
Did
that
get
solved?
Where
were
those
two
systems
are
married
together
and
an
officer
can
pull
up
whether
this
is
your
first
or
second
DUI.
S
A
S
A
L
U
Right
so
my
name
is
Connie
regularly
and
I've
worked
with
families.
Who've
struggled
through
the
department
of
children's
service
investigations
for
about
three
decades,
and
there
are
some
problems
with
this
bill
and
if
you
look
at
the
legislative
history,
you'll
find
that
in
1989,
when
the
criminal
code
became
a
statute,
there
was
really
kind
of
a
very
broad
custodial
interference.
The
important
thing
for
you
to
know
is
in
2002,
the
general
assembly
came
in
and
really
narrowed
that
bill
and
in
particular,
if
you
look
at
it,
it
is
custodial.
U
Interference
is
an
action
between
family
members
who
have
had
the
ability
to
go
to
court
fully
adjudicate
custody,
visitation
Etc,
so
that
by
the
time
the
order
comes
down
out
everybody's
had
their
day
in
court,
and
everything
in
that
bill
is
about
family
members.
So
what
this
bill
will
do
is
it
now
expands
that,
in
most
egregious
and
concerning
to
me,
is
the
fact
that
DCS
can
take
Anonymous
reports
and
initiate
an
investigation,
and
they
could
even
take
that
Anonymous
report.
U
U
If
the
bill
were
amended
to
say
that,
upon
the
completion
of
an
investigation
upon
service
to
the
parent
and
their
ability
to
be
heard,
then
it
would
make
much
more
sense,
but,
as
we
sit
here
today,
it
allows
him
to
take
an
anonymous
report,
go
to
a
judge
and
get
a
remove
order
ex
parte
in
secret
and
then
have
a
parent
arrested
if
they
don't
turn
a
child.
Over
and
I
have
seen
DCS
make
these
take
these
Anonymous
reports,
and
do
so
so
I
would
ask
as
it
stands,
that
we
don't
pass
this
Bill.
N
U
That
it
just
needs
to
say
I've
got
a
copy
of
the
bill
here
that
it
needs
to
say
upon
the
completion
of
the
investigation
that
it's
been
served
on.
The
parent
and
they've
had
their
opportunity
for
a
hearing
in
court
now
DCS
remember.
If
it
is
child
abuse
or
neglect,
they
can
get
a
criminal
warrant
if
they
have
probable
cause
of
neglect
or
probable
cause
of
child
abuse
as
a
criminal
violation.
They
certainly
could
arrest
a
parent
for
that,
so
it
needs
to
be
investigated,
served
and
the
parents
have
their
day
in
court.
N
U
So
so
there
so
there's
no
custody
custodial
interference
for
DC
s
at
all.
Under
current
law
they
can
get
a
contempt
to
court.
They
could
get
a
child
abuse
warrant,
they
can
get
a
child
neglect
warrant
but
custodial
interference
as
it
is
written
and
as
it
was
very
carefully.
Crafted
in
2004
is
about
family
members
and
divorce
and
custody
and
paternity
situations
where
everybody's
got
a
full
and
final
order.
U
U
Both
would
be
about
contempt
of
court.
Even
the
new
proposal
is
basically
a
contempt
to
court,
but
because
the
reason
they
did
the
custodial
interference
criminal
is
because
for
between
family
members
is
because,
if
they
would
have
to
let's
say
if
a
parent
violates
a
custody
order,
a
fully
adjudicated
custody
order
and
they
need
to
be
able
to
arrest
that
parent
to
get
the
child.
H
Thank
you,
Mr
chairman,
thanks
for
being
here,
you
are
correct.
The
the
existing
law
deals
with
custodial
Affairs
between
parents,
correct
if,
if
you've
got
a
civil
order
and
it's
tied
to
a
civil
order
where
a
judge
says
you've
got
custody
and
a
non-custodial
parent
takes
the
kid
away
and
says
you
can't
get
them
back.
H
That's
custodial
interference
under
current
law,
but
but
I
met
with
the
sponsor,
because
I
I
was
concerned
about
the
same
thing
and-
and
he
assures
me
that
the
way
the
bill
is
written,
that
a
parent
would
have
to
be
served
with
and
an
order
or
a
warrant
or
a
piece
of
paper
before
this
process
could
take
place
which,
which
would
seem
to
be.
You
know
due
process
to
me.
I
N
U
We
I
it.
The
statute
doesn't
find
what
knowing
means.
So
what?
What
is
that?
That's
for
them
to
have,
because
it
doesn't.
It
just
says,
knowing
that
the
child
has
been
placed.
So
we
don't
know
what
that
means,
that
they
leave
a
postcard
on
the
door,
that
they
send
them
a
text
message
that
they
left
a
voice
message
that
they
called
somebody
else.
We
don't
know
they'd
leave
something
at
the
school.
H
You
know
the
situation
has
been
investigated
by
somebody,
at
least
at
the
place
that
it
rises
to
do
an
emergency
removal
of
a
kid
and
I
want
due
process
for
parents.
I
don't
want
I,
don't
want
I,
don't
want.
The
state
have
an
arbitrary
power
to
to
inject
themselves.
It
will
but
I
I
might
have
questions
just
for
for
this,
for
the
sponsor
to
cover
some
of.
U
M
So
it
would
apply
to
those
persons.
It
would
be
in
a
custodial
interference
for
them
to
Harbor
or
hide
the
child
within
or
outside
this
state.
Knowing
that
the
child
has
been
placed
in
the
custody
of
the
department
of
children's
services,
the
last
sentence
of
the
the
bill
states.
It
is
not
a
defense
to
a
violation
of
this
subdivision,
A6
that
the
person
harboring
or
hiding
the
child
has
not
been
served
with
an
actual
copy
of
a
protective
order
or
emergency
custody
order.
M
P
C
M
M
M
If
they
were
under
subsection
a
they
are
listed
as
persons
who
are
part
of
the
custodial
interference,
the
grand
a
grandparent,
a
step
parent,
a
brother
or
sister,
an
aunt
uncle,
niece
or
nephew
of
a
child.
It
would
be
they
would
be
committing
the
offensive
custodial
interference
if
they
Harbor
or
hide
the
child
within
or
outside
the
state.
Knowing
that
the
child
has
been
placed
in
the
custody
of
the
department
of
children's
services,.
M
Actually,
under
current
law
under
subdivisions,
A1
and
A3,
it
is
an
offense
to
remove
a
child
from
this
state,
in
violation
of
a
temporary
or
permanent
judgment
or
court
order
regarding
the
custody
or
care
of
the
child
or
under
a
three
to
Harbor
or
hide
the
child
within
or
outside
the
state.
Knowing
that
possession
of
the
child
was
unlawfully
obtained
by
another
person
in
violation
of
a
temporary
or
permanent
judgment
or
court
order.
So,
depending
on
the
facts
and
circumstances,
some
of
those
could
apply
it.
A
D
D
If
it's
possible
to
go
to
this
person
person
A's
house
this
weekend-
and
you
know
that
that
is
something
that's
going
on-
which
you
allow
that
child
to
go
to
that
house.
I
would
not
I
mean
I,
would
not
because
the
of
the
the
abuse
and
the
things
that
could
happen,
the
things
that
will
happen
or
may
have
already
occurred
so
I'm
thinking
that
mandatory
would
address
that
as
well
I'm.
Just
asking.
How
does
that
stack
up
to
what
we're
trying
to
do
here
now.
M
T
Representative
Travis,
thank
you
Mr,
chairman
again,
you
know
this
is
another
level
of
safety
for
our
children,
I
mean
it
is
adding
a
code
to
Harbor
or
hide
the
child
within
or
outside
the
state.
Knowing
that
the
child
has
been
placed
in
the
custody
of
the
department
of
children's
services
pursuant
to
a
protective
custody
order
or
an
emergency
custody
order
entered
by
a
court.
The
process
is
here
in
the
books.
It's
already
in
the
books.
This
is
just
adding,
hiding
and
harboring
to
that
section.
H
Jose,
thank
you
and
thank
you
sponsor
you
and
I
sat
down
and
talk
about
it.
Yes,
because
there
were
some
folks
that
had
some
concerns
about
it,
based
on
the
testimony
that
we
heard
I
mean
right
now,
you
can,
you
can
call
in
anonymously
on
on
a
child
abuse,
child
and
neglect
thing
and
DCS
goes
out
there.
Sometimes
police
go
with
them,
sometimes
police
go
out
there.
Then
they
make
recommendations
and
they
can
go
to
a
judge
and
ask
for
removal.
H
In
that
process,
I'm
I'm,
assuming
the
parent,
would
know
that
that
something's
going
on
her
concern
is
that
Anonymous
call
goes
into
DCS
DCS
takes
that
information
and
makes
an
arbitrary
decision
and
goes
out
there
and
goes
to
the
judge
and
gets
a
warrant
without
any
investigation
to
take
the
kid
out
of
DCs
and
if
the
parent
knows
that's
coming
and
then
leaves
they're
guilty
of
what
your
bill
says.
They're
guilty.
That's
that's
her
concern.
Is
that
possible
under
your
bill.
T
No
I
mean
you
know
if
it's
a
court
order,
you
know
to
protect
that
child.
The
parents
know
that
the
parents
know
something
yeah.
If
somebody
makes
a
hotline
tip
or
something
like
that,
that
is
investigated.
It's
still
investigated
today,
with
or
without
this
bill,
we're
just
saying,
harboring
or
hiding
a
child.
You
cannot
do
it
or
you're
going
to
be
with
a
felony
offensive,
a
knee
felony,
okay,.
H
Just
for
the
record
and
for
her
concern,
how
does
a
parent
know
when
the
court
has
awarded
temporary
custody
to
DCS
under
current
the
way
current
things
Operate
Now?
How
did
how
does
a
parent
know
that,
because
I
I
can't
remember
how
we
used
to
do
it
once
we
once
we
turned
it
over
to
DCS,
I
really,
don't
know.
T
V
H
Yes,
sir,
my
question
before
I
can't
remember
how
we
used
to
do
it's
been
a
while
when
DCS
gets
a
referral
and
they
look
into
alleged
allegations
of
whatever
they
are
and
they
go
in
front
of
a
judge
or
an
ex
parte
the
clerk's
office
and
says
we
want
a
removal
of
this,
this
child
on
how
you
do
business
now.
How
does
a
parent
know
that
that
judge
has
granted
that
other
than
the
police
showing
up
at
their
front
door
with
DCS
worker,
saying
I'm?
Sorry,
we've
come
to
to
pick
up
your
kid.
V
V
We
will
not
go
to
the
court
with
solely
an
anonymous
reporting
and
asked
to
ask
the
homeowner
to
enter
the
home,
based
solely
on
an
anonymous
report
that
we
would
have
to
have
some
other
evidence
in
order
to
go
into
the
home,
so
it
I
don't
know
if
that
answers
your
question
at
all.
It
seems
kind
of
on
on
the
topic
there,
but
as
far
as
your
first
question,
I
would
have
to
ask
him
so.
H
V
D
O
D
The
time
so
knowing
if
it
doesn't
come
from
the
state
or
some
of
that
nature
is
not
official
I,
don't
know
unless
I
get
a
document,
because
I'm
not
going
to
necessarily
Implement
odds
with
that
parent,
the
other
parent
I'm
not
going
to
necessarily
believe
them.
So
how
do
I
know
I,
don't
care
what
they
said
he
or
she
said,
because
that
is
not
official
to
me.
So
I
don't
know.
I
may
have
a
hunch,
but
I
don't
officially
know
when
people
are
going
at
it,
they
go.
D
V
Well,
I
think
the
bill
is
about
knowingly
violating
orders
right,
not
knowingly
just
disagreeing
with
something
you
know,
I
think
the
bill
is
about
regardless.
If
you
disagree,
the
correct
recourse
isn't
to
just
Harbor
a
child
or
run
off
with
a
child.
The
correct
course
would
be
to
go
through
the
court
system
and
not
knowingly
violate
orders
and,
and
the
bill
is,
would
punish
that
knowing
violation
of
orders
yeah.
N
V
T
F
Thank
you,
Mr
chair,
yeah,
just
goes
a
little
bit
more
in
depth.
I
think
I
understand
you're,
pretty
clear
that
parents
are
definitely
going
to
know.
I'm
curious
is
the
notice
when
they
come
pick
up
the
kids
or
is
there
some
sort
of
advanced
notice
and
have
they
had
the
ability
to
bring
evidence
against
the
claims
against
them?.
T
Yes,
sir,
yes
representative,
they
that
is
not
changing
in
the
bill.
So
this
is
the
documents
right
here
that
doesn't
change,
nothing's
changed
on
how
they're
notified
or
what
court
they
have.
This
is
just
saying
that
if,
if
that
child
has
been
moved
by
emergency
custody
to
the
DCS,
then
you
cannot
Harbor
or
hide
that
child.
While
that
is
going
on.
T
I,
do
not
have
I,
do
not
know
how
that
works,
advance
notice
or
anything
like
you
know,
I,
don't
know
what
the
procedure
is
going
forward
on
that
I'm
just
here
to
say
you
cannot
Harbor
or
hide
that
child.
While
this
is
going
on
and
move
out
of
town
making
a
Amber
Alert
that
was
done
four
months
ago,
when
somebody
run
off
with
a
child.