Tennessee House of Representatives 112th House Criminal Justice Committee, 31 Mar 2021

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From YouTube: House Criminal Justice Subcommittee 2 - March 31, 2021 - House Hearing Room 2

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House Criminal Justice Subcommittee 2 - March 31, 2021 - House Hearing Room 2

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It's 502 on wednesday march 31st. The criminal justice subcommittee is now in session.

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If it's okay with the committee, we will dispense with the roll call and take up item number 18 item number 18 by representative lynn house bill. 1367 is not in the room. Without objection, we will roll this one to the final calendar.

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Item number 20 house bill 997 by leader, love.

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We will roll him one spot. He is on his way.

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Item number 40 next on our list house bill 1063 by chairman curcio.

B

Thank you, mr chairman. Thank you committee. We'll need a motion in a.

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Second, all right: we're in proper form go ahead.

B

Thank you very much, sir, and I also have an amendment coded 61-28, 61-28.

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We have a motion on the member. Do we have a second? You have a second. You are recognized on the amendment. Thank.

B

You, mr chairman, thank you committee members. This committee makes the bill. This is known as the tennessee rebound act and uh many years ago. Actually in the 1970s tennessee created the tennessee employee suggestion award program. This is a way to try to make tennessee government work more like the private sector, more like private business and would say we would incentivize state employees financially for doing their work efficiently, just like you would similarly to the private sector.

B

So this the tennessee rebound act, builds on that concept and what we want seek to do here is to measure both probation and parole to see who has the best outcomes in the state. Compare those to the the average across the state and districts that do better at probation and parole. Have better outcomes would be eligible for incentivized payments under this bill. Now I want to be clear: we are not earmarking or appropriating funds under this bill.

B

All of the structure that we set up is there uh for the governor to take advantage of if he or she wants to, but everything in here would be subject to the appropriations act every year. um With that, I would be happy to answer any questions.

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Thank you. Any questions for the sponsor on the amendment.

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Question has been called on the amendment. Any objection, seeing none we're now voting to add amendment number zero, zero, six one, two eight on the house bill, 1063, all those in favor, say aye aye as opposed. No, the ice prevailed uh we adopt. We are on uh house bill 1063 as amended.

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You, mr chairman, I renew my motion.

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Question has been called any objection, seeing none we're now voting on sending house bill 1063 as amended on the full criminal, all those in favor say aye aye, as opposed as heaven move on. Thank you.

B

Thank you, mr chairman. Thank you committee.

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We're back to item number 20 leader, love.

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We will roll him to the heel of today's calendar.

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Brings us to item number 45 house bill 1 by representative hardaway. Without objection, we will roll him one week.

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C

I just spoke with kelly henry with the federal public defender's office. She said that uh chairman hardaway was on his way. uh Do we want to put that to the heel of today's.

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We we just rolled that one week that bill right there house bill 1.

C

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You item 46 house bill 1319 by representative hardaway. We will roll one week.

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Item 47 house bill 1320 by representative hardaway. We will roll one week.

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Item 48 house bill 1321 by representative hardaway roll one week.

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Item 49 house bill 1323 by representative hardaway roll one week.

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Brings us up to item number 50 and I will pass that gavel off you want it. Please don't break it.

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Members that brings us to item number 50 house bill 870 by chairman doggett, chairman doggett, you're recognized sir. You have a motion in a second, I see you have an amendment coded 6160. You wish to move forward with that amendment. Yes, I do all right members. uh We have a motion to hear a second motion in a second on amendment coded 6160, uh sir. If you could explain in a minute all right. Thank.

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You, mr chairman,.

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uh This amendment rewrites our bill. What we're doing here is seeking to tackle uh an issue that has uh been troublesome for many folks in this in our state for many years, and that is dealing with restitution.

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We have tried in the past, with some legislation last year that we thought was the answer to solving this problem, making sure that victims have they get their restitution and generally, what we're seeing across the state is that people will have they go to court they're victimized.

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There there's an order there for restitution by the time, fines fees and taxes are paid, and then the probation period is over. The victims are still not made whole, and so simply our intent is to find a mechanism that will help make that process easier for the victim in doing so, and so what we've done? There's a couple sections of this, but we are.

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Reorganizing the way that the restitution is paid in the state, we also have a way for the court to be able to uh give a an order of a uh a judgment there in general sessions or criminal court there, rather for a civil judgment in lieu of payments, and if the victim chooses to receive this restitution, uh they may be able to to use that order and it can be enforced as an order uh as well by the by the court so uh that that's what we're simply trying to do.

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There's a we have worked on this uh for many many months. It has been a complex task to say the least, uh but I have, if there's any questions about this, be ready to answer them.

B

Members you've heard the explanation of the amendment first on the list I have leader lambert, you recognized thank mr chairman.

D

And mr chairman, uh the intent of the bill is very good. There is one logistical issue that I had asked some of the interested parties about beforehand. I apologize. I don't know that united had an opportunity to talk about it. The mechanism of how the piece of paper goes from one court to the other is an issue, the policy of it it I mean you've got a great policy here, but these courts many times are in different courtrooms. They may be down the hall from each other.

D

They may be across town from each other, depending upon where the clerk's office, for both the that's handling the criminal cases and the civil cases. um If this were to proceed through this community today, would you mind working on that, with both the administrative office of the courts and other folks to just make sure that the logistical part of how this gets turned into a civil judgment works? Well, chairman doggett.

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Thank you. We've actually been able to work that we believe we've been able to work that out through the aoc, it's a form that that can be filled out, and so we think we can do that without having it actually in the code.

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Let me let me verify that right, quick, yes, sir.

B

Leader, lambert, you recognize.

D

For follow-up again, just if, if there's any additional language, that's needed in here just to make sure, because it kind of reads right now in the bill that that's almost an automatic thing, and you know it just I wanted to make sure it works the way you intend it to work, um and I know that's your intention as well. So just again, if, if anything's needed, there may not be anything else, but if there's something might need to just kind of insert in there.

D

um I just wanted to make sure that that was your intent, that you know there'd be some sort of a form generated.

B

Chairman doggett.

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Can we take a brief recess.

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Without objection, the committee will take a brief, just brief, brief recess. Thank you, brief recess.

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B

Members, I sense that our brief recess is coming to a close. As I look at my watch, I feel that brief time has passed and now that in the fullness of time we will now go back into session, we're back in session.

B

Colonel doggett, you're recognized. Thank.

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You so I believe, we've got everything uh the understanding now, so uh the question about the mechanism of how that's going to get from one place to the other. I think that there's an understanding there is a form that is going to be used, and so with that being said, I uh if there's any other questions, if not answer.

B

Members you've heard the explanation: you've heard the questions that have been asked of the sponsored legislation, any others seeing none were ready to vote all those in favor of attaching amendment coded 6160 to house bill 870, please signify by saying aye aye those opposed you adopt members. We are on the bill as amended any further questions for the sponsor, seeing none all those in favor of sending house bill 870 to criminal full, please signify by saying aye aye those opposed, sir. You had the criminal full. Thank you very much. Thank you, mr chairman.

B

That brings us to item number 51 house bill 904 again by our own chairman, delgatt.

B

Second, thank you, sir. You have a motion in a second, I also see an amendment coded 4397. You wish to move that today. Yes, sir motion. Second, you have a motion and a second please explain your amendment, sir.

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uh This amendment uh writes uh writes the makes the bill here. Simply. What we're doing is that.

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The criminal informants that law enforcement oftentimes use in a criminal case drug cases or what have you what we're doing is adding an opportunity for them to receive a order of protection, meaning that, through the discovery process that their names cannot be used, they cannot be placed out on in the public. The defense attorneys have access to that, but they cannot publish those names in the public pre-trial.

B

Members you've heard the explanation of the amendment any questions for the sponsor, seeing none all those in favor of attaching amendment coded 4397 to house bill 904, please signify saying aye. Those opposed you adopt. Members are on the bill, as amended. You've heard the explanation, any further questions for the sponsor, seeing none all those in favor of sending house bill 904 to criminal full, please signify by saying aye those opposed, sir. You had the criminal full. Thank you, chairman doggett. I will pass this back to you. Thank you very much.

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I'm sorry, thank you. Let's go back to item number 20.

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House bill 997 by leader love. We are going to roll that to the first calendar of 2022.

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Members, that is, uh that we've we've completed our calendar today.

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Thank you very much any other uh business before we adjourn all right. We stand adjourned.

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Including our brief recess.

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