►
Description
House - Criminal Justice Subcommittee - February 21, 2023
A
B
A
C
A
E
E
If
you
remember
members,
I
was
in
front
of
you
last
week.
Well
this
this
bill
with
the
amendment
will
create
oh
disciplinary
oversight,
board
an
inmate
disciplinary
oversight
board
for
the
purpose
of
reviewing
and
granting
denial
and
removal
of
inmate
sentences
for
credits
for
good
institutional
Behavior
or
satisfactory
program
performance.
E
This
board
will
be
a
full-time,
autonomous,
inmate
disciplinary
board
that
will
review
inmate
sentence
credits
for
good
institutional
Behavior,
as
well
as
to
determine
whether
sentence
credits
previously
awarded
should
be
removed
due
to
a
major
prison
infraction
as
amended.
The
board
would
be
composed
of
nine
members
appointed
three
appointed
by
the
governor
three
by
the
speaker
of
the
Senate
and
three
by
the
Speaker
of
the
House.
The
three
appointing
authorities
will
appoint
one
member
from
each
Grand
division
again
as
amended.
E
The
board
will
have
the
discretion
to
review
the
removal
or
awarding
of
credits
as
necessary.
Currently,
there
are
limited
policies
regarding
the
disciplinary
Boards
of
each
state
prison.
Creating
a
Statewide
oversight.
Disciplinary
board
will
promote
Public
Safety,
while
ensuring
across
the
board
that
each
case
is
treated
under
the
same
rules
and
to
be
clear
members
of
the
committee.
This
legislation
is
not
to
prevent
reduction
incentives
for
good
behavior.
It
is
to
make
sure
that
there
is
teeth
in
the
disciplinary
actions
for
bad
behavior
and
with
that
Mr
chairman
I'll
read
you
my
motion.
Thank.
A
You
any
questions
for
the
sponsor
questions
been
called
any
objection,
seeing
no
we're
now
voting
on
adding
Amendment
code
4098
on
the
house
bill
1031,
all
those
in
favor
say
aye
those
opposed
eyes.
Prevail
you
adopt
we're
back
on
1031
as
amended
Mr
chairman
renew
my
motion,
any
questions
for
the
sponsor,
seeing
no
we're
now
voting
to
send
House
Bill
1031
on
the
full
criminal,
though
those
in
favor
say
aye,
those
opposed
the
eyes
Prevail
you
move
on.
Thank
you,
Mr,
chair
committee.
Thank
you.
A
G
Chairman,
thank
you
for
that.
Latitude
I
appreciate
your
respect.
Committee
Mr
chairman.
This
legislation
is
brought
to
me
by
my
juvenile
court
judge
regarding
magistrates.
It's
been
a
collaborative
effort
between
the
juvenile
court
judges,
the
magistrate
DCS,
the
juvenile
court
attorneys
in
the
guardian
Adel
items.
They
all
agree
to
this
particular
legislation.
So
let
me
tell
you
what
it's
about
currently
as
a
Magistrate
Judge,
which
is
appointed
by
the
elected
juvenile
court
judge
when
they
hear
a
case,
that's
in
front
of
them.
G
They
can
appeal
that
case
de
novo,
which
is
automatically
then
it's
reheard
tried
all
over
again
to
the
juvenile
court
judge.
If
that
juvenile
court
judge
makes
some
sort
of
reason
why
they
don't
like
the
the
particular
judgment,
then
it
can
be
appealed
automatically.
The
circuit
court
judge
so
technically.
Under
this
particular
legislation,
a
child
can
be
subject
to
three
different
hearings,
starting
over
three
different
times.
So
it's
a
long
time
before
this
child
could
potentially
be
placed.
G
What
this
legislation
does
in
amends
37-1107
is
that
it
allows
at
the
magistrate
level
that
that
is
appealed
that
it's
up
healed
from
an
abuse
of
discretion
standpoint.
Instead
of
starting
over
so
if
there
was
something
that
happened
in
the
magistrate
level,
these
are
all
recording.
There
is
a
record
of
these
proceedings.
The
judge.
G
Can
the
juvenile
court
judge
can
review
that
matter
and
either
uphold
what
was
done
at
the
magistrate
level
based
upon
that,
he
would
agree
with
the
decision
unless
the
magistrate
did
some
sort
of
abuse
of
discretion
and
then
the
judge
could
rehear
that
case
just
like
it
was
under
the
current
statute.
So
that's
what
this
legislation
does
I'll
be
happy
to
take
any
questions.
The
the
purpose
of
this
is
to
streamline
that
process.
A
H
G
H
G
H
G
A
very,
very,
very
good
question:
the
the
time
frame
between
each
appeal
is
in
the
statute.
So
don't
quote
me
to
the
exact
timeline,
but
according
to
the
Court's
dockets
My
Hope
Is,
you
got
a
30
or
60
days
that
you
can
potentially
cut
off
before
there's
an
adjudication
of
what's
going
to
happen
to
the
juvenile.
If
there's
a
placement
issue,
so
it's
going
to
because
you're
not
going
to
a
whole
nother
Court,
some
cases.
G
The
witnesses
got
to
be
available,
so
it
cuts
down.
We
hope
on
a
lot
of
that
issues
at
the
magistrate
level,
because
most
of
the
time,
not
all
the
time,
but
most
of
the
time
the
mattress
is
correct.
So
the
judge
can
look
at
that
decision
and
make
that
decision
instead
of
it
just
being
automatically
starts
over
no
matter
what
the
magistrate
decided
in
in
representative
Johnson,
there
are
in
Knox
County.
You
have
eight
of
these
magistrates
that
would
hopefully
help
them
adjudicate
some
of
these.
Some
of
these
cases.
A
I
Been
a
long
journey,
so
it's
great
to
be
back
and
be
with
you
and
the
members
today,
House
Bill
1280
changes.
The
punishment
simply
changes
the
punishment
for
the
charge
of
aggravated
stalking
of
our
senior
citizens
from
a
Class
A
misdemeanor
to
class
E
felony.
Now,
currently,
the
actions
against
our
elderly
are
only
considered
a
Class
A
misdemeanor
punishable
by
a
maximum
sentence
at
11
29
with
twenty
five
hundred
dollars.
Fine,
but
again,
that's
the
maximum
judge
can
go
below
that
that
as
well.
I
A
A
J
Okay,
my
name
is
Richard
Archie
and
I
have
been
running
this
building
in
general
assembly
now
for
about
five
years.
We
actually
passed
this
in
2016,
but
the
fiscal
note
on
it
was
so
great
that
it
was
put
behind
the
budget
and
was
not
funded,
ran
it
again.
In
2017
we
got
the
budget,
the
fiscal
note
down
to
70
000,
but
it
failed
in
the
Senate
at
that
time.
J
I
bring
this
bill
because
of
the
treatment
that
my
mother
received
in
2000
78
or
in
1978.
She
was
voted
by
our
peers
as
the
Tennessee
teacher
of
the
year
and
that
Year
from
the
governor
received
an
award
as
an
outstanding
Tennessean.
She
taught
her
whole
entire
life.
She
moved
from
Tennessee
to
Texas,
came
back
to
Tennessee
and
then,
when
she
retired
from
teaching
again,
she
started
teaching
at
the
McKenzie
school
for
immigrants
to
teach
those
children
how
to
speak,
English
she
loved
to
teach
and
she
loved
people
at
the
age
of
84.
J
She
had
some
people
move
in
next
door
to
her
that
were
criminals.
They
tried
to
adversely
possess
her
property.
They
ran
a
barbed
wire
fence
across
it.
In
the
dark
of
night
and
when
my
father
tried
to
push
it
down
with
his
tractor,
he
was
accosted
in
his
yard.
It
took
us
four
years
to
resolve
this
in
the
courts,
because
the
sheriff
could
do
nothing
about
it,
because
the
only
thing
he
had
to
charge
these
people
with
was
a
Class
A.
J
We
did
this
same
protection
for
our
youth
under
the
age
of
18
2005
and
at
that
time,
under
the
build
Public
Act
in
in
2005,
it
was
chapter
482,
the
physical
note
on
it
was
590
thousand
dollars
or
a
little
more
than
that,
and
then
a
reduction
of
the
cost
by
locals.
But
the
fiscal
note
this
year
is
just
fifty
nine
thousand
dollars,
because
the
sheriffs
have
said
that
they
won't
be
incarcerating
as
many
people
if
they
can
assure
them
they're
going
to
spend
serious
time
for
taking
these
actions.
J
My
conjecture
is
that
18
year
old
people
can
run
from
danger
84
year
old
people,
not
so
much,
and
the
18
year
olds
have
not
spent
as
much
time
in
tax
dollars
for
the
state
as
the
84
year
olds
have
as
well
so
I'm
asking
that
you
look
at
this
and,
like
I
said
this.
General
Assembly
has
passed
this
bill
twice
before
in
the
house,
so
I'll
entertain
any
questions.
A
Renew
any
one
question
has
been
called
any
objections:
seeing
none
we're
now
voting
to
send
House
Bill
1280
on
the
full
criminal,
all
those
in
favor
say
aye.
Those
opposed
the
eyes
bill.
You
move
on.
Thank
you.
Thank
you.
Mr
chairman
and
members
item
number
four
House
Bill
1385
by
representative
Reagan.
K
You
Mr
chair,
ladies
and
gentlemen,
the
committee
I
will
put
you
at
rest,
I'm
going
to
have
to
roll
this
bill,
but
before
I
do
a
few
comments
are
in
order.
The
phrase
intent
to
go
armed
is
in
our
statute.
I
have
reviewed
522
court
cases
on
this
particular
phrase
in
all,
but
two
of
them,
the
the
terminology
used
in
conjunction
with
conjunction
with
this,
was
in
the
commission
of
a
dangerous
felony.
K
L
A
M
M
You
so
much
this
program
is
something
from
the
Secretary
of
State's
office.
The
this
office
already
operates
the
safe
at
home,
address
confidentiality
program
that
helps
victims
of
domestic
violence,
Shield
their
home
addresses
from
their
abusers.
So
this
bill
will
create
the
Tennessee
business
against
trafficking
program
as
a
companion
to
that
safe,
safe
at
home
address
program.
M
So
what
this
will
do
is
a
voluntary
program
and
it
that
businesses
can
join
and
the
businesses
would
agree
to
participate
in
periodic
training,
education
and
public
awareness
campaigns
to
help
identify
potential
victims
of
human
trafficking,
and
let
people
know
where
to
report
concerns.
Participating
businesses
will
receive
recognition
from
the
Secretary
of
State's
office.
A
Well,
thank
you
so
much
members
do
we
have
any
questions
for
the
sponsor
of
this
bill
on
the
amendment
Signa
and
we
are
going
to
vote
now
on
the
amendment
code.
3680
those
in
favor
say
aye,
those
opposed
the
eyes
we
adopt
we're
on
House
Bill
115
as
amended
any
questions,
I'm
saying
no
we're
now
voting
to
send
House
Bill
115
is
amended
onto
full
criminal.
All
those
in
favor
say
aye.
Those
opposed
the
iceberg
bill.
A
N
N
Okay
and
the
reason
I'm
bringing
this
bill,
it's
a
death
penalty
bill
and
the
reason
I
am
bringing
is
because
of
the
one
thing
is
about
the
length
of
time
that
death
row
prisoners
stay
on
death
row,
so
we've
looked
at
everything
trying
to
be
constitutional.
That
would
help
speed
up
that
process,
and
one
thing
that
we
can
do
is
to
give
them
another
option,
and
so
that's
what
my
bill
does.
N
So
for
the
22
prisoners
put
to
death
in
2019,
the
average
time
was
22
years
that
they
stayed
on
death
row
far
large
is
tie
between
that
since
1970
as
a
January,
the
first
2020
1344
death
row
prisoners
more
than
half
of
them,
20
years
or
more
22
crime
survey
administered
said,
reported
held
for
capital
punishment
that
people
supported
it
by
55
percent,
judge
Sonia
Sotomayor,
one
of
our
Supreme
Court
judges
argued
in
Arthur
versus
Dunn.
In
addition
to
being
near,
instant
death
by
shooting
may
also
be
comparatively
painless.
N
This
is
currently
used.
The
firing
squad
is
currently
used
in
Utah,
Arkansas,
Oklahoma
and
recently
passed
in
South
Carolina
the
several
years
ago,
a
blow
to
the
capital
punishment.
You
know
the
problems
that
we've
had
first
of
all,
instead
of
Tennessee
in
Lethal
Injection
and
in
the
electric
chair.
So
that's
why
we
want
to
give
them
another
Choice,
South,
Carolina's
Governor
signed
a
bill
into
law
in
2021
death
row.
Inmates
must
choose
whether
to
be
executed
by
electric
chair
or
firing
squad.
N
N
So
with
that,
I
will
take
any
kind
of
questions,
but
what
we're
going
to
do
is
give
them
another
choice
and
hopefully
they'll
choose.
Some
people
will
choose
that
way
and
we
will
have
the
problems
that
we're
dealing
with
with
Lethal
Injections
and
with
electric
chair,
and
it
will
speed
up
the
process
for
many
of
them.
So
with
that
Mr
chairman
will
take
any
questions.
Thank.
N
Not
not
really
that
we
want
to
give
them
a
choice,
and
so
we
have
so
many
people
that
are
saying.
Let
me
give
you
an
example:
I
had
one
person
in
my
district
set
on
death
row
for
33
years
he
and
a
17
year
old
went
up
and
knocked
on
the
door
after
they
saw
the
father
leaving
the
house,
they
went
in,
raped
and
tortured
and
killed
the
mother
and
15
year
old
daughter,
cut
them
each
over
200
times,
like
I,
said
on
30
death
row
for
33
years.
N
He
we
had
to
pass
a
bill
several
years
ago.
That
would
allow
other
family
members
come
in
because
the
father
that
was
the
one
of
the
victims
in
that
had
already
died.
So
we
don't
need
prisoners
sitting
on
death
row
for
33
years
in
the
state
of
Tennessee
or
anywhere
for
that
matter,
and
this
is
just
giving
them
another
option:
the
death
penalty,
I'm,
sorry,
the
firing
squad
was
argued
about
being
quick,
Humane
and
reliable.
N
H
H
But
I
I
would
like
to
to
say
that
that
in
this
country
we
are
a
civil
society
and
there's
certainly
other
ways
to
go
about
this,
and
we
can
cite
a
whole
lot
of
just
really
heinous
crimes
that
there's
no
question
that
people
have
have
committed
really
horrifying
crimes,
but
what
we
tend
to
see
with
folks
on
death
row
and
and
folks
with
the
death
penalty.
Typically,
there
are
poor.
H
Typically,
they
are
higher
numbers
of
of
racial
issues
there,
and
we
know
that
approximately
four
percent
of
folks
on
death
row
are
most
likely
innocent.
Certainly
since
73
200
people,
almost
200
people
have
been
found
to
be
innocent
and
this
rush
to
their
death,
I,
just
I
just
disagree.
I
just
don't
think
that
we
should
be
that's
not
really
a
choice.
In
my
view,.
N
And
this
is
completely
optional:
they.
This
is
completely
up
to
them.
If
they
want
to
choose
this
method,
if
they
don't,
they
can
sit
on
death
row,
but
if
they
decide
to
choose
that
or
if
they
want
to
sell
on
death
row
then
continue
to
appeal.
You
know
if
they
feel
like
they're
innocent.
They
probably
wouldn't
want
to
choose
the
firing
squad,
but
it
is
another
option
and
it's
completely
up
to
the
death
row
inmate,
whether
or
not
they
want
to
choose
this.
H
N
If
that
were
true,
then
you
could
go
ahead
and
choose
the
electric
chair
now
anyway,
so
that
that's
another
option
if
they
wanted
to
do
that,
if
they
felt
that
hopeless,
they
could
go
ahead
and
choose
to
not
deal
any
more
appeals
and
go
ahead
and
do
the
electric
chair
or
do
lethal
injection.
So
they
still
have
that
option
to
do
that
now
too
yeah.
So
we're
just
adding
another
option
is
all
we're
doing.
O
A
P
A
N
All
right,
thank
you.
Thank
you,
Mr,
chairman
committee.
Yes,
we
all
know
what
fentanyl
the
problems
we've
had,
that
we
know
the
open
borders
and
we
know
that
there's
been
enough.
Fentanyl
that's
come
across
our
borders
to
kill
every
American
here
and
the
only
way
we
can
try
to
hopefully
deter
from
some
of
the
fentanyl
poisoning,
and
some
of
the
people
that
have
been
poisoned
in
our
state
is
to
make
our
our
bill
much
tougher.
So
this
bill
actually
does
that
I'll.
Just
give
an
example
of
somebody.
N
In
my
County
on
October,
the
4th
2020
Kent
Blackwell
died
from
acute
fentanyl
toxicity
on
the
restroom
floor
of
a
local
Pizza
Hut
in
Campbell
County,
the
fentanyl
that
Mr
Blackwell
ingested
was
in
appeal
that
he
had
acquired
from
his
best
friend.
So
it
wasn't
like
somebody
was
trying
to
kill
him.
It
wasn't
intentional.
It
was
a
best
friend
that
sold
him
a
pill
and
recently
last
year,
as
you
all
know
here
in
even
in
Nashville,
have
had
a
girl
that
was
a
valedictorian
for
her
class.
N
She
goes
to
New
Orleans,
splits
appeal
with
a
girl
down
there.
They
thought
it
was
a
Xanax,
but
it
was
laced
with
fentanyl.
She
died,
the
other
girl
went
intensive
care,
but
I
think
she
ended
up
living.
But
it's
like
that.
We
see
this
every
day.
300
people
a
day
in
our
country
are
dying
of
fentanyl
poison
and
if
we
had
a
plane
crash
a
large
plane
crash
every
day,
everybody
would
be
outraged
and
I'm
outraged
at
300
people
or
dying
every
day
in
our
country
over
a
hundred
thousand
last
year
from
fentanyl.
N
Sorry,
we
went
back
I
need
to
look
at
something:
okay,
yeah
we're
going
from
class
C
felony
to
a
class
B
felony
for
any
amount,
that's
0.5
grams,
which
is
all
it
takes
to
kill
you,
but
less
than
15
grams
right
now
the
current
low
is
15
grams
and
for
any
amount
of
involved
in
that
it's
going
to
be
a
class
B
felony.
So
that's
what
this
drug
this
was.
Q
You
so
much
for
bringing
this
forward.
This
is
you're
very
correct
that
this
is
a
crisis.
In
the
end,
this
is
absolutely
needed,
so
my
question
has
to
do
with
if
some
of
those
folks
that
are
not
adjudicated
right
now,
so
I
noticed
that
the
bill
takes
effect.
July
1
is
there
any
way
that
we
can
have
it
take
immediate
effect
in
order
to
really
ensure
that
people
understand
that
the
seriousness
of
what
this
this
drug
does
and
how
it's
killing
people.
N
Well,
thank
you
and
I
wish.
We
could
I,
don't
think
there's
any
way,
and
we
have
some
lawyers
up
there
too,
but
I
don't
think,
there's
any
way
to
go
ahead
and
put
it
in
immediate
factor.
I
think
we're
going
to
give
some
kind
of
of
notice
of
what
we're
doing
and
and
when
it'll
take
effect
and
that'll
give
us
a
few
months
to
to
notify
the
public
and
what's
coming
down
the
pike,
I,
don't
think,
there's
any
way
to
do
it
immediately.
A
On
the
amendment
seeing
nine
we're
now
voting
to
add
amendment
code
3990
on
the
house
bill
702,
all
those
in
favor
say
aye
as
opposed
I,
always
Prevail
you
adopt
we're
on
House
Bill
702
as
amended
any
questions
for
the
sponsor,
seeing
none
I'm
now
voting
to
send
House
Bill
702
on
a
full
criminal
as
amended,
all
those
in
favor
say
aye
as
opposed
the
ice
Prevail
you
move
on
to
full
criminal.
Thank
you.
Thank
you.
Mr
chairman.
F
A
Any
questions
for
the
sponsor,
seeing
now
we're
now
voting
to
send
house
bill
1359
on
the
full
criminal,
all
those
in
favor
say
aye
those
opposed
ice
Prevail.
You
move
on
all
right
thanks.
So
much
thank
you
item
number
seven
House
Bill
482
by
representative
Boyd,
you're
recognized.
There's
an
amendment
code
4078.
Thank
you,
Mr
chairman,
that
is
the
code
I'm
showing
as
well
all
right.
Do
you
have
a
motion?
Is
there
a
second
on
the
amendment?
You
are
recognized
on
the
amendment.
R
Thank
you,
Mr,
chairman
committee.
This
is
the
same
bill
that
I
came
with
last
week
and
what
this
seeks
to
do
is
is
create
a
class
C
felony
for
someone
who
commits
the
offense
of
critical
infrastructure,
vandalism
interrupts
or
interferes
with
critical
infrastructure
or
its
operation
destroys
or
injures
critical
infrastructure,
and
it
tightens
it
up
a
little
bit.
A
Seeing
now
we're
now
voting
to
remember
code
4078
on
the
house
bill
482,
all
those
in
favor
say
aye
those
opposed
the
ice
Prevail
you
adopt
we're
on
House,
Bill
482
as
amended
any
questions
for
the
sponsor,
seeing
none
we're
now
voting
to
send
House
Bill
482
is
amended
on
the
full
criminal.
All
those
in
favor
say
aye.
Those
opposed
the
ice.
The
bill
you
move
on.
Thank
you.
Thank
you.
Mr.
Chairman
committee
item
number,
eight
House
Bill
556
by
representative
Littleton.
You
are
recognized.
S
Sorry
I'm
late
I
was
in
my
committee.
This
bill
cleans
up
current
statue
to
accurately
reflect
that
the
vulnerable
abuse
registry
is
administered
by
the
health
facilities
commission,
rather
than
the
Health
Department
of
Health,
as
a
time
frame
of
90
day
calendar
for
Clerks
of
Court
to
submit
paperwork
to
the
health
facilities
commission
to
place
an
individual
on
the
abuse
registry
and
it
strengthens
the
current
process
of
the
abuse
registry.
A
S
Thank
you
Mr
chairman,
so
this
with
the
amendment
proposed
to
legislation
will
expand
the
age
of
admissibility
for
a
forensic
interview
for
children
17
and
under
we'll
expand.
The
cases
within
which
a
forensic
interview
may
be
admitted
to
severe
physical
abuse
or
witness
to
acts
of
violence,
clarifies
that
the
recording
is
admissible
at
any
stage
of
a
criminal
proceeding
still
allows
for
cross-examination
of
the
child
during
trial
and
adds
alternative
qualifications.
A
forensic
interviewer
may
meet
in
order
for
a
recording
of
an
interview
conducted
by
the
forensic
interviewer
to
be
considered
admissible.
H
A
We
are
on
the
amendment
motion.
Our
question
has
been
called
on
the
amendment.
Any
objection,
seeing
none
we're
now
voting
to
adopt
Amendment
code.
Four,
two,
six,
four
on
the
house
bill,
557
those
in
favor,
say
aye,
those
opposed
to
Prevail.
You
adopt
realm
House
Bill
557.
Now
as
amended,
any
questions
or
comments
see
none
we're
voting
to
send
House
Bill
557
as
amended
to
full
criminal.
All
those
in
favor
say
aye,
those
opposed
to
Prevail
you
move
on
to
full
criminal.
Thank.
A
S
A
T
The
East
Tennessee
State
University
but
lives
in
our
community,
and
he
was
a
member
of
the
Tennessee
Intercollegiate
State,
Legislature
and
I
hope
Levi's
here
somewhere.
I
don't
see
him
to
testify,
but
basically
this
bill
was
brought
about
because
of
issues
that
were
brought
during
that
conversations
this
summer.
And
so
the
question
was
asked
is
by
his
friends
is
when
someone
has
been
assaulted
as
a
young
person
and
they
go
to
court
later
in
life.
T
Should
they
not
be
judged
or
should
not?
The
situation
be
judged
by
the
time
at
the
time
that
the
offense
happened
and
not
at
the
age
that
the
person
is
when
they're
finally
coming
forward,
because
many
victims
of
sexual
abuse
as
children
or
whatever,
maybe
find
it
difficult
to
come
forward
until
later
on,
and
so
the
bill
has
no
physical
impact.
T
It
seeks
to
clarify,
in
the
current
code,
what
is
already
interpreted
by
the
Tennessee
courts
in
many
cases,
and
the
bill
helped
shift
the
negative
stigma
around
victims
of
rape
and
sexual
assault
and
to
prevent
a
person's
ability
to
receive
the
justice
that
they're
due
this
bill,
clarifies
that
each
of
the
above
offenses
that
are
listed
in
title
39,
13
part
5,
that
the
victim's
age,
Must
Fall
within
the
approved
range
age
range
at
the
time
of
the
offense,
not
at
the
time
of
the
individual.
That
is
come
forward.
C
Chairman
and
I
apologize
I
didn't
have
an
opportunity
to
reach
out
beforehand,
so
I
absolutely
applaud
your
efforts
in
this
I
think
it
is
something
that
we
definitely
should
proceed
on.
The
problem
I
have
is
I,
can't
identify
how
this
changes
current
law,
because
what
you've
described
is
is
what
does
occur,
but
I
am
confident.
There
are
probably
some
areas
here
that
maybe
there
could
be
an
improvement
into
law
in
order
to
kind
of
have
those
conversations.
T
Later
Lambeth
I'd
be
proud
to
do
that
to
roll
that
for
two
weeks
the
if
I
may
respond
chairman
Doggett
is
one
of
the
things
that
has
come
to
the
attention.
Is
that
often
the
courts
are
interpreting
this,
but
it's
not
in
the
statutory
that
we
should
make
the
Judgment
for
the
time
that
the
offense
happened.
So
even
though
that
is
what
is
being
done,
often
in
judgment,
it's
not
in
the
law
and
hence
the
reason
for
the
language
and.
C
Sir,
yes,
sir
Mr
chairman
and
I
I
hate
to
belabor
the
you
know
the
committee
and
the
time.
If,
if
we
could
I'd
make
a
motion
this
time
to
roll
it
two
weeks
sponsor
said
he's
fine
with
that
and
then,
let's
just
you
know,
have
an
opportunity
for
all
those
meetings
to
occur
in
between
time,
and
then
we
can
hear
all
the
testimony
next
time,
but
Mr
chairman,
you
know,
I'm
comfortable,
whatever
you're
comfortable
with
obviously
but
I.
C
Q
A
O
L
A
Thank
you
very
much.
Mr
chairman
House
Bill
704.
We
seek
to
address
the
Medicaid
fraud
control
unit,
which
would
be
housed
within
the
TBI.
The
bill
would
accomplish
two
goals.
First,
is
lining
up
State
Authority,
with
current
federal
Authority,
specifically
allowing
investigation
a
misappropriation
of
funds
or
property
and
health
care
facilities
and
expanding
investigations
of
abuse,
neglect
or
financial
exploitation
of
Medicaid
recipients
to
any
setting.
Secondly,
we
would
make
it
clear
that
the
director
of
the
TBI
would
have
the
authority
to
create
new
divisions
within
the
bureau
to
allow
for
more
efficient
operations.
A
This
Medicaid
fraud
control
unit
by
Statute,
currently
under
criminal
investigation
division
of
the
TBI.
It
is
large
enough
and
specialized
enough
to
Warrant
being
on
its
its
own
division.
Therefore,
investigators
would
continue
to
have
the
same
authorities
and
Powers
as
those
in
other
divisions
and
I
have
members
of
the
Tennessee
Bureau
of
Investigation
here.
If
there
are
any
questions
more
specific
to
this
bill,
but
I
can't
answer.
Okay,.
O
Chairman
I
can't
anticipate
if
there
are
questions
from
the
TBI,
but
we'll
go
out
of
session
if
they
will
come
forward,
and
if
you
have
anything
to
add
to
the
explanation
of
the
bill
or
if
your
deodorant's
not
working,
we
would.
We
can
go
right
back
in
session
if
you
state
your
name,
please
for
the
record.
Dr.
U
O
V
V
V
O
W
Thank
you,
Mr
chairman
and
committee
House
Bill
114
allows
the
court
the
sentence,
a
defendant
convicted
of
two
or
more
criminal
offenses
to
consecutive
sentences
with
the
defendant
is
sentenced
to
for
criminal
offense
involving
more
than
one
victim,
and
the
court
finds
a
separate
consecutive
sentence
for
each
fence.
Is
the
interest
of
Justice
I've
got
the
attorney
general
or
the
District
Attorney's
president
to
answer
any
questions
about
this.
A
X
Yes,
sir,
my
name
is
Jason
Lawson
I'm,
the
district
attorney
for
the
15th
Judicial
District
I,
appreciate
the
Committee
hearing
me
this
afternoon.
This
bill
will
give
the
judge
discretion
to
run
multiple
sentences
against
multiple
victims
consecutively
and
not
at
the
same
time,
if
the
judge
finds
that
it's
in
the
interest
of
Justice
to
do
so
right
now,
our
statute
has
eight
grounds
that
in
which
a
judge
has
to
find
one
of
those
eight
grounds
in
order
for
to
trigger
the
judge's
discretion
to
run
those
sentences
consecutively.
X
None
of
those
eight
grounds
cover
multiple
crimes
against
multiple
victims,
so
right
now
under
Tennessee
law,
if
a
person
decides
to
commit
a
second
crime
against
a
second
victim,
our
victims
are
in
the
position
of
hoping
that
that
second
crime
is
going
to
fall
into
one
of
the
other
categories
that
are
on
the
list.
For
instance,
like
the
person
was
on
probation
or
is
being
sentenced
for
criminal
contempt
or
it's
a
sex
abuse
crime
against
an
elderly
person
or
something
along
those
nature.
This
is
a
very
a
more
generic
language.
X
It's
basically
a
tool
that
the
judge
has
that
he
can
utilize.
Whenever
he
feels
that
it
is
appropriate
if
a
person
decides
to
commit
a
second
crime
against
a
second
victim,
and
the
judge
feels
that
in
the
interest
of
Justice,
he
should
have
two
sentences
that
were
running
consecutive
into
instead
of
those
sentences
running.
At
the
same
time,
the
judge
has
the
ability
to
do
that.
H
Thank
you,
Mr,
chair,
yeah,
I'm,
just
curious.
Would
this
be
hard
to
Define
what
I'm
talking
about,
but
a
separate
incident
like
it
could
be
two
victims
in
the
same
sort
of
Commission
of
the
crime,
but
are
we
talking
about
that?
Are
we
talking
about
something
that
happened
at
a
different
point
in
time?
You
know,
maybe,
a
week
later,
two
weeks
later,
a
year
later,.
X
Yet
the
language
of
the
bill
does
not
designate
that
it
puts
it
in
the
judge's
hands,
so
the
judge
can,
if
he
determines
in
the
interest
of
justice,
that
that's
necessary.
For
instance,
if
a
person
goes
up
and
commits
a
homicide
and
then
there's
a
person
there
who's
an
innocent
witness
and
they
turn
and
kill
that
second
person
in
the
same
criminal
episode.
This
could
be
something
the
judge
would
say.
X
The
second
victim
should
not
have
to
endure
that
their
sentence
is
going
to
run
at
the
exact
same
time
as
the
first
victim,
and
not
a
single
day
of
additional
sentence
would
be
added
for
killing
the
second
person,
so
it
could
be
the
same
criminal
episode
or
if
a
person
decides
to
go
out
and
commit
a
crime.
You
know
this
day
and
then
turn
around
and
commit
one
two
days
from
now
and
then
turn
around
commit
a
further
another
another
two
days
from
now.
X
This
encompasses
all
situations
in
which
there
are
multiple
crimes
against
multiple
victims
and
it
and
the
only
requirements
are,
and
it's
a
complete
discretion
on
the
part
of
a
judge.
The
statute
already
says
the
judge.
May
order
consecutive
sentences
if
these
grounds
apply,
and
then
this
one
adds
the
additional
requirement
on
top
of
that.
If
the
judge
in
the
interest
of
Justice
determines
that
it
would
serve
the
interest
of
Justice
to
to
run
the
sentences
consecutively.
A
A
L
Y
A
Y
I
think
you
know
just
because
you're
a
bad
aim,
or
you
happen
to
have
a
good
doctor
on
staff
at
the
hospital
the
victim
goes
to
shouldn't.
It
be
an
indicator
as
to
whether
or
not
that
person
should
go
to
jail
or
not
and
I
understand.
There's
a
bit
of
a
fiscal
note
here,
but
I
just
asked
you
all
to
let's
have
that
conversation
other
day
and
try
to
get
some
help
to
my
constituents
and
some
people
across
the
state
and
with
that
I
renew
my
motion.
H
Y
A
L
Y
Thank
you,
Mr
chairman.
This
amendment
makes
the
bill
what
it
does
is
it's
just
removing
a
portion
of
the
previous
spell
that
would
put
convicted
convicted
felons
of
aggravated
kidnapping
and
rape
on
the
sexual
offenders
list.
It's
removing
that
part
of
the
bill
and
leaving
the
rest
intact,
making
it
a
range
to
minimum
for
aggravated
kidnapping
and
rape
for
for
that,
okay,.
A
Thank
you
any
questions
for
the
sponsor
on
the
amendment.
Seeing
that
we're
now
voting
to
adopt
Amendment
code
3917
on
the
house
bill.
Five,
all
those
in
favor
say
aye
as
opposed
to
Prevail.
If
you
wish
to
be
recorded
as
no
see
the
clerk
we
are
now
on
House
Bill
five
as
amended
you're
recognized
representative
Gillespie,.
Z
Y
Thank
you
Mr,
chairman
representative,
so
what
it
does
is
it
would
be
for
100
of
these
offenses
there's
a
like
a
senate
scene.
Guideline
range.
One
range,
two
range
three
for
each
different
felony
level,
and
this
would
just
simply
move
these
three
offenses
to
that
range
too,
for
the
class
A
and
Class
B
felonies
that
they
represent
currently.
A
A
AA
AA
AA
AA
First,
let
us
continue
to
remember
the
family
of
Eliza,
Fletcher
and
all
other
victims
of
sexual
assault
who
are
yet
to
receive
Justice
in
our
state
due
to
the
backlog
or
the
time
it
takes
to
test
sexual
assault.
Rape
kits
in
our
state
in
2014
Iran
legislation
to
have
rape
kits
tested
within
30
days.
The
bill
was
sidelined
in
budget
committee,
as
it
was
put
behind
the
budget
where
it
died.
AA
AA
It
was
during
the
murder
investigation
of
Eliza
Fletcher,
almost
one
year
to
the
date
of
the
rape
kit,
DNA
result
of
almost
one
year
to
the
date
that
the
rape
kit,
DNA
results,
were
returned
by
Tennessee
Bureau
of
Investigation,
with
a
positive
DNA
match
to
cleota
abston
for
the
rape
of
Alicia
Franklin.
Now,
why
is
this
significant?
AA
This
is
significant
because
have
we
passed
the
legislation
to
ensure
that
rape
kits
were
tested
by
TBI
and
returned
within
30
days
back
in
2014,
the
positive
hit
to
Alicia
Franklin's
rape
case
wouldn't
would
have
come
back
in
30
days.
Cleotha
abstin
would
have
possibly
been
incarcerated
on
rape
charges
and
Eliza
Fletcher
would
have
finished
her
run.
AA
We
owe
this
to
the
family
of
Eliza,
Fletcher,
Alicia
Franklin
and
every
single
person
who
has
been
a
victim
in
the
past
and
who
and
those
who
are
unfortunate
enough
to
become
victims
in
the
future.
Our
passage
of
this
legislation
will
ensure
that
a
psychological
deterrent
signal
is
sent
to
those
would-be
rapists
in
our
state
that
we
are
not
going
to
drag
our
feet
in
bringing
them
to
justice
swiftly,
to
remove
them
from
our
streets
and
to
protect
our
women
and
children.
AA
From
these
horrific
actors,
House
Bill
104
will
ensure
that
rape
kits
are
tested
within
30
days
of
receiving
them
and
within
45
days
of
passing,
this
bill
TBI
will
submit
to
the
governor
the
Attorney
General,
both
speakers
and
attorney
general's
conference.
A
plan
to
eliminate
any
backlog
of
rape
kits
in
the
possession
of
the
Bureau
for
more
than
30
days
and
lastly,
if
erroneous
DNA
has
been
submitted
by
law
enforcement,
TBI
will
send
written
confirmation
that
the
DNA
has
been
expunged
with
that
Mr
chair
committee,
I,
move
Passage.
C
So
I
appreciate
you
bringing
the
bill
and
again
would
have
filed
it
literally
myself
had
it
drafted
and
I
had
heard.
Tell
that
you
were
working
on
this
particular
issue
and
just
out
of
respect
for
you,
I
know.
You've
worked
on
this
issue
for
years.
I
didn't
file
mine
fully
support
yours.
Thank
you,
sir.
Thank.
AA
O
Thank
you
I
understand
exactly
what
you're
saying
completely
TBI
I
think
is
doing
the
best
they
can
do
with
what
they've
got.
The
governor's
in
his
budget
is,
is
expanding
the
number
of
lab
technicians
and
takes
a
long
time
to
train
those
people
and
and
get
them
put
into
position
it
not
too
long
ago
it
took
48
weeks
to
get
DNA
back,
and
so
my
only
problem
with
the
with
the
bill
is
there's
other
evidence
too.
O
I
think
TBI
is
doing
better
I,
don't
know
if,
if
you're
successful
in
saying
30
days
and
you've
got
to
have
the
results
back
when
you've
got
all
the
evidence
they're
dealing
with
before
them,
that
48
weeks
has
been
reduced,
I
think
to
about
38
weeks
now
for
DNA
evidence,
but
two
questions
is
I:
I,
don't
know
how
how
you
get
it
done
without
increasing
the
staff
to
work
on
it.
And
the
second
question
is
what
what
happens
if
they
don't
get
it
done
in
30
days.
AA
Thank
you,
Mr
chair,
you
know
we're
not
going
to
put
TBI
in
time
out.
I
can
tell
you
that,
but
we're
going
to
make
our
best
effort
to
ensure
that
these
rape,
victims
and
survivors
get
the
justice
that
they
need.
So
I
think
it's
incumbent
upon
us
to
put
forth
our
best
effort
to
make
sure
that
this
happens.
O
AA
B
Representative
Campbell
Campbell
votes,
I,
representative
Davis
votes,
I,
representative
Gillespie,
Gillespie
votes,
representative
Hardaway,
Hardaway
votes,
representative
Howell.
How
will
votes
representative,
Halsey,
Halsey
votes?
No
representative,
Johnson,
Johnson
votes,
I,
representative
Lamberth,
Lamberth
votes,
I,
representative
Moody,
Moody
votes,
I,
representative
Russell,
Russell
votes,
I,
representative,
Cheryl,
Cheryl
votes;
no.
C
Thanks
chairman
on
the
bill,
I
mean
I'm.
I,
know
you've
researched
this
and
looked
into
it,
but
I
mean
the.
If
this
person's
on
probation
or
parole,
they
already
work
with
them
on
a
payment
plan,
it's
already
required
in
the
statutes
that
they
work
with
them.
On
that
and
I
know,
I've
expressed
my
concerns
to
you
privately,
but
I
do
just
want
to
say
it
public.
C
Why
would
it
make
any
sense
not
to
at
least
allow
the
clerk
and
the
probation
officer
and
the
court
to
immediately
start
working
with
that
person
from
the
get-go,
because
that
helps
them
get
those
fines
and
fees
paid
off
quicker,
but
I
mean
right
now
they
have
to
give
them
a
reasonable
payment
plan.
They
have
to
work
with
them.
So
why
would
we
do
this
kind
of
what
I
would
consider
a
bit
of
an
extreme
step.
AB
Thank
you
so
much
so
one
of
the
concerns
that
came
from
the
judges
in
the
court
system
was
that
what
happens
is
oftentimes
even
with
the
payment
plan.
They
require
them
to
come
back
to
court
and
the
person
will
say:
oh
I
still
haven't
gotten
a
job.
I
still
haven't
gotten
a
job
yet,
and
so
all
they're
doing
is
rolling
it.
AB
C
But
I
guess
that
goes
exactly
my
point:
I
mean
they
have
the
authority
to
do
that.
Now
a
judge
can
say:
well,
sir,
you
don't
you
don't
have
to
come
back
for
another
90
days.
I
mean
that
the
judges
can
handle
all
this.
Now
again,
your
efforts
here
at
laudable
but
I,
just
I,
think
this
is
a
meat
cleaver
approach
to
a
situation
that
probably
needs
more
of
a
scalpel.
But
that's
just
my
humble
opinion.
AB
The
season
finds
this
isn't
change
that
they
still
owe
the
fees
and
funds
it's
still
the
same
process,
even
if
they
currently
do
the
same
thing
right
now
and
they
decide
in
90
days
in
they
want
to
leave
the
state
and
go
away,
there's
still
a
process
they
have
to
follow.
This
does
not
change
any
of
that.
All
it
does
is
delay
the
process
by
90
days
to
allow
people
the
opportunity
to
get
back
on
their
feed
to
be
able
to
afford
and
pay
those
fees
and
fines.
A
A
Z
A
A
A
P
Thank
you
Mr
chair
this.
This
is
a
a
pretty
simple
bill.
They
just
asks
for
cost
for
a
task
or
study
just
to
to
take
a
look
at
the
sentencing
guidelines.
That's
for
those
non-violent,
for
example,
a
simple
marijuana
possession
that
that
probably
had
them
I
will
say,
had
a
stiffer
sentence
in
the
80s
90s
2000
early
2000s,
as
it
does
today,
just
just
to
have
tasks
to
take
a
look
at
that
study.
A
O
P
If
I'm,
not,
if
I
might
comment
this
this,
this,
this
notion
was
actually
embraced
by
the
governor's
office
at
the
time
and
he
was
planning
a
large
McKinsey
organization.
Type
type
of
you
know
comprehensive
criminal
justice,
but
that
that
never
happened.
So
this
is
a
good
carve
out
for
that
just
again
just
to
have
tasks
or
take
a
look
at
it,
we're
only
talking
about
making
a
data
driven
decision,
so
this
is
great
data
for
for
us
to
consider.
A
AC
AC
Just
want
to
read
you
a
short
article,
real
quick
from
The
Tennessean
of
May
of
2022.
The
kindergarten
teachers
started
getting
suspicious
as
soon
as
she
heard
the
man
on
the
sidewalk
Mumble.
He
wanted
to
cut
across
the
playground.
The
teacher
Rachel
Davis
told
him.
No,
he
he
would
have
to
go
through
the
front
door
if
he
wanted
to
get
in
for
any
reason,
suspiciously.
She
turned
to
the
anxious
when
the
man
disappeared
for
a
minute
came
back
and
started
walking
around
in
circles.
AC
On
the
sunny
May
11th
morning,
the
guy
got
within
20
feet
away
from
her
32
kindergartners
outside
the
recess
at
Inglewood
elementary
school
in
Nashville.
You
get
a
fishy
feeling
said
Davis
to
play
it
safe.
I
said:
let's
line
up
kids,
so
we
can
all
go
in
the
moment.
The
other
teacher
opened
the
door,
the
man
hopped,
the
fence,
braced
toward
the
door.
AC
AC
Miss
Davis
received
a
broken
elbow
and
other
injuries
from
this
horrific
situation.
What
this,
the
the
man
was
later
charged
with
a
Class
A
misdemeanor
for
assault.
What
this
would
do
is
that,
if
you're
a
trespasser
and
you
get
into
a
assault
on
a
teacher
or
other
school
officials,
that
we
would
upgrade
this
to
a
class
A
misdemeanor
to
a
class
E
felony
for
the
punishment
of
of
assault
by
intentionally
knowingly
or
recklessly
causing
bodily
injury
to
another.
AC
If
the
offense
occurs,
while
the
defendant
was
trespassing
own
school
grounds,
so
in
order
to
qualify,
you
would
have
to
be
a
trespasser,
and
this
gentleman
obviously
was
he
was
told
not
to
come
on
to
school
grounds,
and
you
would
also
have
to
cause
an
assault.
So
if
you're,
just
a
regular
parent
and
for
some
reason
you
get
into
it
with
a
teacher,
you
couldn't
you're
you're
on
the
grounds
as
a
invited
guest,
so
you
wouldn't
be
able
to
use.
AC
AC
A
I
do
have
one
brief
question,
any
School
employee
this
would
be
applicable
to
if
you
were
a
custodian,
cafeteria
worker,
teacher's
aid
guidance,
counselor,
that's
anyone
that
would
be
there
as
a
condition
of
their
employment
on
the
school
grounds
and
they
were
assaulted,
while
they
were
in
the
commission
of
their
their
work,
their
duties
that
they
this
would
apply
for
that
enhancement.
That's.
A
AC
A
AE
Thank
you.
Thank
you.
Mr
chairman
and
committee
I've
brought
to
you
house,
bill
22,
or
this
bill
requires
that
law
enforcement
law
enforcement
officer
conducting
a
formal
interview
or
interrogation
of
a
minor
taken
into
custody
for
suspicion
or
Commission
of
a
delinquent
Act
to
make
a
video
or
audio
recording
of
the
interview
or
interrogation.
AE
It
also
provides
an
exception
for
a
situation
which
the
officer
in
good
faith
believed
in
the
interview
or
interrogation
was
being
recorded,
and
there
was
a
technical
issue,
so
it
it
gives
an
exception
for
if
there's
a
techno
issue
where
they
could
not
make.
That
recording,
also
say
that
this
be
this.
Bill
has
passed
the
Senate
30
to
nothing
and
I
stand
back
for
questioning.
C
A
C
We're
just
on
the
safe
wavelength
today,
it's
all
good,
just
a
quick
question.
I
know:
let's
talk
to
the
sponsor
of
this
legislation
about
this,
but
if
an
interview
is
done
and
evidence
is
obtained,
that
is
in
violation
of
this
statute,
would
that
trigger
the
exclusionary
rule
and
that
evidence
be
excluded
from
being
considered.
AF
Michelle
Fogerty
Legal
Services.
The
bill
doesn't
speak
to
that,
but
if
you
put
it
into
law
and
require
law
enforcement
to
record
them
and
then
they
don't
and
none
of
the
exception
doesn't
apply,
then
yes,
the
exclusionary
rule
would
be
would
apply
because
it
would
be
done
in
violation
of
state
law.
Thank.
AF
Unruly
is,
let
me
see
an
unruly
child
is
one
who
is
habitually
and
without
justification,
truant
from
school,
habitually
disobedient
to
the
reasonable
and
lawful
commands
of
their
parents
or
Guardians
our
commits
and
offense.
That
is
applicable
only
to
a
child,
or
they
are
a
runaway,
but
this
bill
doesn't
specifically
delineate
between
delinquent
and
unruly
children.