►
Description
House Criminal Justice Subcommittee - March 24, 2021 - House Hearing Room 2
A
A
A
A
Any
other
members
have
any
personal
orders
representative
griffey.
Thank
you.
D
Mr
chairman,
I'd
like
to
recognize
two
of
my
constituents,
people
that
have
relatives
that
are
constituents
of
mine
that
are
here
to
discuss
about
the
gps
monitoring
bill
jessica
jones,
who
lost
her
sister
in
2018
to
domestic
violence
and
amanda
allen,
who
lost
her
sister
to
domestic
violence
in
2020.
D
A
Thank
you
any
other
members
seeing
none.
We
are
going
to
dive
right
in
before
we
begin
with
our
first
item
on
the
calendar,
we're
going
to
go
through
and
do
go
through
a
few
things
here.
Item
number
three
house
joint
resolution
number
44
by
chairman
hazelwood,
has
been
rolled
two
weeks.
A
A
E
Committee
house,
bill
1188,
seeks
to
enhance
public
safety
by
requiring
certain
high-risk
dui
offenders
to
only
operate
a
motor
vehicle
equipped
with
an
ignition
interlock
device
as
a
condition
of
bond.
What
it
does
is
what
the
bill
does.
It
targets
high
risk
offenders,
those
that
are
caught
driving
under
the
influence
with
a
prior
dui
conviction
with
a
minor
in
the
vehicle
and
other
vehicular
assault,
aggravated
vehicle
assault,
etc.
F
G
G
A
Item
number
one
is
11.87
is
what
we're
on
here
electronic.
Yes,
sir.
E
Would
you
so
we're
on
we're
on
the
electronic
communications
there.
A
E
C
E
As
I
understand
it,
it's
not
a
requirement
of
bond
to
have
an
interlock
device
as
we
as
we
stand
here
now.
So
what
this
will
do
is,
if
you
have
a
dui
second
conviction,
it'd,
be
a
requirement
of
bond
and
also
if
it
is
your
first
time
for
a
dui,
but
you
have
another
potential
convention
like
a
you,
have
a
miner
in
your
in
your
in
your
car.
This
would
invoke
this
requirement
under
bond
as
well.
So
that's
what
that's
what
this
bill
does.
C
E
That's
right
now
to
address
that,
though
in
case
there's,
some
circumstances
where
the
judge
doesn't
feel
like
it's
necessary.
The
judge
has
that
discretion
not
to
order
it,
but
there's
got
to
be
certain
circumstances
to
take
place
in
that.
In
that
circumstance
I
do
have
someone
here
to
testify.
If
I
could
have
her
tell
her
story
that
might
shed
some
light
on
the
reason
why
this
her
name
is
phaedra
olsen.
I
believe
she
is
on
the
list.
A
A
Madam,
when
you,
when
you
before
you
begin,
if
you
will
introduce
yourself,
tell
us
for
the
record
your
name
and
organization
you
represent,
then
you'll
have
four
minutes
for
testimony.
I
Thank
you
so
much,
mr
chairman
and
the
members
of
this
committee.
My
name
is
phaedra
marriott
olson
and
I
am
the
state
program
director
for
mothers
against
drunk
driving
I'm
here
today,
like
so
many
other
people
that
have
joined
mad
because
I
myself
became
a
victim
of
a
drunk
driving
crash
in
1996.
A
drunk
driver
crossed
the
center
lane
of
the
highway
and
he
hit
my
car
nearly
head
on
from
that
crash.
I
I
I
You
see
in
2006,
matt
actually
launched
the
campaign
to
eliminate
drunk
driving
and
part
of
that
initiative
was
to
be
able
to
reduce
ignition
or
to
be
able
to
reduce
drunk
driving
fatalities
and
crashes
across
our
nation,
but
specifically
part
of
that
program
that
we
work
with
is
working
with
ignition.
All
offender
ignition
interlocks
now
matt
decided
to
put
faith
in
our
interlocks
for
every
single
drunk
drivers.
This
is
the
only
tool
that
can
physically
separated
drinking
from
driving
while
teaching
sober
driving.
I
We
found
that
license.
Suspension
alone
definitely
does
not
always
work,
but
what
we
do
know
is
that
when
it
comes
to
ignition
locks,
we
have
a
67,
more
effective
rate
in
reducing
repeat
offenders
compared
to
licensing
suspensions
alone,
so
in
2013,
our
great
state
of
tennessee
and
the
work
that
you
all
do
actually
enacted
an
all-ignition
interlock
program
here
in
tennessee.
I
These
devices
actually
stopped
over
26
million
attempts
for
drinking
and
driving
3.4
million
attempts
to
legally
drive
drunk
with
a
bac
of
0.08
or
higher
in
tennessee
alone.
During
this
time,
ignition
lock
stopped
513,
000
drinking
and
driving
attempts,
and
over
69
000
attempts
to
legally
drive
drunk
with
a
bac
of
0.08
or
higher.
A
I
have
a
couple
on
our
list.
Do
you
wish
to
talk
with
our
witness
later
limit
pedro.
H
It's
just
so
very
good
to
see
you
today,
we've
been
friends
for
many
years
and
I
just
you're
one
of
the
bravest
ladies
I've
ever
met.
I
just
appreciate
you
coming
down
here
every
year
and
fighting
hard
to
make
sure
that
we
have
no
more
victims,
and
so
thank
you
for
your
testimony
today,
and
it
is
extraordinarily
good
to
see
you
thank.
C
F
F
F
If
I
believe
your
your
numbers
were
half
a
million
or
so
attempts
by
those
who
are
on
bond
or
under
the
the
authority
of
the
courts
to
drive
drunk
after
they've,
been
caught
doing
it
so
that
this
bill
makes
more
sense
than
before,
and
I
absolutely
will
support
it,
and
I
urge
my
my
fellow
committee
members
to
vote
in
the
affirmative,
and
I
thank
you
again
for
as
it's
been
expressed
earlier,
your
courage
and
but
also
your
effective
messaging
and
helping
to
to
advocate
for
a
better
way
for
us
to
address
this
scourge.
A
E
A
Any
objection
to
the
question
seeing
none
we're
now
voting
on
sending
house
bill
1188
on
the
full
criminal,
all
those
in
favor
say
aye
aye,
those
opposed
no
the
eyes
prevail
and
move
on
to
full
criminal.
Thank
you.
Thank
you.
Mr
chairman
committee.
We're
on
item
number
one
house
bill
1187
by
representative
garrett,.
E
You
thank
you,
chairman
committee.
This
legislation
was
brought
to
me
by
the
da's
conference
and
in
most
criminal
investigation.
Digital
evidence
is
important
and
needed
for
just
about
every
case.
Nowadays,
it's
very
often
to
obtain
data
directly
from
these
digital
care,
such
as
verizon
or
att,
and,
for
example,
in
human
trafficking
cases.
E
It
is
common
for
these
folks
to
use
cell
phones
to
communicate
through
social
media
and
chats
to
negotiate
believe
it
or
not,
for
the
price
of
a
potential
victim
that
conversation
or
data
is
needed
to
corroborate
the
victim's
story
of
what
exactly
happened.
Criminal
investigators
accomplished
this
by
getting
search
warrants
for
the
data
that
is
controlled
possession
of
the
digital
company
like
verizon.
That
may
not
be
located
here
in
tennessee.
E
Currently,
there
is
no
tennessee
statute
that
clearly
authorizes
the
tennessee
judge
to
issue
a
search
warrant
for
data
that
may
be
stored
in
another
state.
There
is,
however,
a
current
federal
statute
that
does
give
state
judges
this
authority,
but
some
recent
local
courts
have
been
raising
some
issues
with
that.
So
we
need
to
clarify
the
state
statute
that
tennessee
judges
can
issue
subpoenas
and
search
warrants
for
stored
information.
That's
not
located
here
in
the
state
of
tennessee.
So
what
this
legislation
does
it?
Basically
mimics?
The
federal
law
codifies
it
here
in
tennessee.
E
F
Thank
you,
mr
chairman,
and
I
thank
the
sponsor
for
the
bill.
Is
this
bill
in
response
to
issues
that
the
da's
have
had
in
securing
evidence
from
the
the
large
carriers
in
particular?
E
Mr
chairman,
thank
you.
Yes,
some
some
courts
aren't
honoring
the
subpoena
or
the
search
warrants,
because
we
don't
have
a
state
statute.
That
specifically
authorize
authorizes
the
judge
to
issue
that,
even
though
there
is
federal
law
but
but
some
cases
are
federal
cases,
some
cases
are
state
cases.
So
this
gives
the
authority
for
our
judges
to
issue
those
subpoenas
in
other
states,
so
the
judge
will
hopefully
comply
with
that
state
issued
subpoena.
C
Thanks
just
out
of
curiosity,
since
I
don't
do
criminal
law
who
do
you
who
do
you
and
I
know
you're,
not
don't
do
criminal
either,
but
who
do
you
hold
in
contempt
or
is
there
do
you,
the
keeper
of
the
records
I
mean?
Who
do
you
hold
it
in
contempt
if
they,
if
they
don't
comply
with,
if
they're
out
of
state,
that.
E
Would
be
applied
under
our?
We
have
no
long-armed
statutes,
so
we
have
no
authority
to
even
go
that
route.
This
would
at
least
allow
us
to
have
a
potential
contempt
under
a
long-arm
statute
for
the
company.
That's
doing
that
in
california
and
new
york
or
wyoming
or
wherever
this
data
is
so.
It
at
least
gives
us
that
power
under
the
statute
to
do
that
right
now,
we
don't
even
have
that,
because
it's
not
a
statute
that
the
tennessee
judges
clearly
have
the
power
to
issue
that
that
subpoena.
A
E
C
A
A
E
A
Well,
all
right
any
other
questions
for
our
sponsor,
seeing
no
any
objection
to
the
question,
seeing
no
we're
now
voting
on
sending
house
bill
1187
on
the
full
criminal,
all
those
in
favor
of,
say,
aye,
those
opposed
no
the
eyes
prevail
and
move
on.
Thank
you.
Thank
you,
mr
chairman
committee.
A
J
You,
mr
chairman,
and
I
want
to
also
say
thank
you
for
taking
up
some
of
these
bills.
I
I
certainly
didn't
ask
for
that
privilege,
but
I'm
honored
to
be
brought
up.
So
thank
you
very
much
for
for
doing
that.
I
do
have
an
amendment
coded
3922,
okay,.
J
This
second
on
the
amendment,
thank
you
very
much.
If
you'll
recall
several
weeks
ago,
we
had
much
debate
on
this
bill
and
what
this
amendment
would
do
is
it
would
delete
sections
one
and
six
and
then
just
renumber
the
remaining
section.
So
it's
going
to
take
out
the
bit
about
the
criminal
monitoring
fund
and
just
leave
in
the
original
core
of
the
bill,
which
was
the
the
bounty
hunter
provisions.
A
The
question
has
been
called.
The
question
has
been
called
on
the
amendment,
any
objection,
so
you
know
we're
now
voting
on
adding
amendment
number
zero,
zero.
Three
nine
two
two
on
the
house
bill,
217.,
all
those
in
favor
say
aye.
Those
opposed.
No
the
eyes
prevail.
We
adopt
we're
on
house
bill
217,
as
amended
question
has
been
called
any
objection,
seeing
no
we're
now
voting
on
house
bill
217
as
amended
when
all
those
in
favor
say
aye
those
opposed.
No,
the
eyes
prevailed.
You
move
on
to
full
criminal.
Thank
you.
A
J
J
Thank
you,
mr
chairman,
thank
you
committee.
So
what
this
bill
seeks
to
do
is
it.
It
builds
on
some
success
that
we've
had
with
expung
the
expungement
statute
in
tennessee,
so
we
were
actually
leaders
in
this,
despite
what
you
may
hear
from
from
folks
outside
these
chambers,
tennessee
really
led
the
way
on
expungement
several
years
ago,
a
lot
of
times,
leader,
lambert
and
I
will
joke
we'll.
J
J
Now
none
of
them
are
violent
crimes,
they're
all
non-violent,
non-sexual
related,
and
so
we've
watched
this
for
a
number
of
years,
and
what
we
talk
about
a
lot
around
here
is
how
incremental
progress
is
progress
right,
let's
not
jump
into
the
deep
end
on
something:
let's,
let's
try
something
if
it
works,
let's
try
and
build
upon
it,
and
so
that's
the
spirit
of
this
legislation.
Today
I
have
worked
extensively.
J
But
what
this
bill
would
do
is
it
would
expand
the
the
the
current
list
of
expungable
offenses,
but
it
does
not
change
the
structure
of
how
it
works.
J
So
it's
still
one
bite
at
the
apple
and
and
there's
a
length
of
time
that
is
built
in
in
some
cases
up
to
15
years
before
you
can
have
that
offense
expunged,
we've
also
created
some
safeguards,
which
I
can
talk
talk
about,
allowing
the
da's
to
weigh
in
so
if
they've
got
a
pending
indictment
or
something
on
somebody,
but
they
don't
need
to
bring
that
out
publicly.
They
can
meet
with
the
judge
and
camera
and
and
present
that
information
to
them.
J
So
they
don't
tip
off
somebody
who
who
may
be
you
know
in
for
a
bad
weekend,
but
so
so
so
we
worked
very
very
hard
to
make
sure
that
this
is
tailored,
but
we
think
we're
building
on
some.
Some
very
good
success
in
tennessee
and
with
that
I'd,
be
happy
to
answer
any
questions
about
the
amendment.
C
Let
me
ask
you
a
question:
if
I'm
an
employer
and
I'm-
and
I
am
running
a
background
check
for
somebody,
who's
going
to
be
handling
a
lot
of
money
and
they
have
an
expungement
and
they've
stolen
hundreds
of
thousands
of
dollars
in
the
past
and
have
a
e
or
d
felony,
I'm
now
not
going
to
be
able
to
learn
that
they
have
a
history
or
propensity
to
steal.
Is
that
correct.
J
Thank
you,
mr
chairman.
The
list
of
your
reading
is
actually
the
current
expungeable
offenses
so
that
that's
not
changed
by
the
bill
and
the
amendment.
What
we're
doing
is
we're
we're
expanding
up
the
ladder
on
some
of
those
things,
but
but
again,
you'd
have
to
have
so
for
the
current
ease.
J
It's
a
five-year
waiting
period.
So,
once
you've
served
your
time
paid
your
restitution
paid
your
debt
to
society,
then
you've
got
to
go
five
years
without
any
further
issues
whatsoever.
Then
you
can
petition.
The
judge
doesn't
mean
it's
going
to
be
granted,
but
you
can
petition
the
judge
for
an
expungement
the
way
it
works
for
the
ds.
J
Is
it
10
years
so
again,
once
you've
served
all
of
your
time
paid
your
debt
to
society,
paid
your
fines
and
fees
and
your
restitution
and
you've
gone
10
years
without
any
blemish
at
all.
Then
you
can
petition
the
judge
and
again
the
judge
can
still
absolutely
turn
that
down
and
in
this
bill
the
da's
would
be
able
to
weigh
in
to
say
no.
We've
got
further
information
on
this
person
that
needs
to
be
considered
and
up
the
ladder
when
you
get
up
to
the
a's
and
b's
it's
a
15-year
waiting
period.
J
So
if
you
offended
in
your
mid
to
late,
20s
adds
add
30
years
to
that
for
the
opportunity
to
ask
a
judge,
if
maybe
you
could
have
it
expunged,
so
it's
a
very,
very
tight
window.
But
what
I'll
say
is
that
every
year
when
the
general
assembly
convenes,
I
have
a
line
of
members
at
my
door,
telling
me
a
story
about
someone
in
their
district
they'll
say
I
go
to
church
with
a
man.
C
Thank
you
for
that
explanation,
but
I'm
looking
on
here.
So
where
is
the
list
of
in
your?
Is
it
in
your
amendment
or
in
the
bill
for
the
for
the
e's
and
d's
that
we're
going
to
now?
C
J
Expunged
so
in
the
amendment
coded
4783,
starting
at
the
bottom
of
pa,
it's
been
section
10.,
a
person
who
was
convicted
of
one
of
the
following
class
d,
felonies
committed
after
november
1st
1989
and
again,
if
you,
if
you
recall
how
the
current
expungement
statute
works,
it's
one
bite
at
the
apple
and
you
can't
you
can't
do
it
for
for
multiple
felonies
unless
they
were
part
of
the
same.
You
know
criminal
activity
or
the
same
charge.
J
J
I
will
also
say
that
in
one
of
the
one
of
the
additions
that
we
worked
on
with
the
district
attorney
general's
conference,
which
have
which
I
welcomed
is
that
for
the
amb
felonies,
there's
a
rebuttable
presumption
that
the
expungement
should
not
be
granted
so
on
those
on
those
highest
levels.
Even
though
there's
been
again
in
this
case,
30
years,
that
has
transpired
they're
still
going
to
take
a
hard
look
and
say:
has
this
person's
behavior
truly
changed?.
F
Thank
you,
mr
chairman,
to
the
sponsor
on
section
well,
actually
section
one
and
two:
the
clerk
may
charge
a
fee
of
up
to
100
clarity
on
that.
So
does
that
mean
that
it's
at
the
complete
discretion
of
the
clerk
or
is
there
a
schedule
elsewhere
in
the
code.
J
J
Several
years
ago
we
waived
the
fee
for
the
the
state
charges
for
expungement,
and
when
we
talked
about
that,
if
you
look
at
the
legislative,
history
and
legislative
intent
and
our
debate,
we
said
by
wiping
out
this
state
fee
the
the
clerk,
the
local
clerk,
still
may
charge
a
fee
or
may
not
charge
a
fee.
We
obviously
hope
that
they
don't,
but
if
they
have
to
we
understand
well,
we
were
wrong
what
we,
what
we
didn't
realize
was
the
code
as
currently
written
requires.
It
says
the
chur
the
clerk
shall
charge
a
fee.
J
So
what
that
section
of
the
bill
that
you're
pointing
to
does?
Is
it
change
that
shall
to
a
may?
So
that
way,
if
there
are
clerks,
who
are
also
trying
to
increase
access
and
and
not
you
know,
find
somebody
or
or
have
them
charge
them
a
fee
where
they
may
may
not
have
the
means
to
be
able
to
pay
that
or
create
additional
financial
barrier,
we
want
them
to
be
able
to
waive
that,
if
at
all
possible.
Thank
you
for
for
asking
about
that.
A
Seeing
none
any
objection
called
question
on
the
amendment.
Seeing
none
we're
now
voting
to
add
amendment
number:
zero,
zero,
four,
seven,
eight
three
on
the
house
bill,
888,
all
those
in
favor
say
aye
aye
those
opposed.
No
the
eyes
prevail
we
adopt.
We
are
now
on
house
bill
888
as
amended.
Thank
you,
mr.
A
A
Any
questions
for
the
sponsor,
seeing
none
we're
now
voting
on
sending
house
bill
888
as
amended
on
the
full
criminal,
all
those
in
favor
say
aye
aye,
those
opposed
no,
the
eyes
prevailed,
move
on
the
full
criminal.
Thank
you.
J
Thank
you
very
much.
Thank
you
committee.
This
is
actually
a
bill
that
I'm
carrying
in
conjunction
with
the
district
attorney
general's
conference
and
something
very
proud
to
be
able
to
do.
We've
talked
about
this
for
a
number
of
years,
we're
not
able
to
to
to
make
it
work
before
now,
but
hopefully,
and
with
the
wisdom
of
this
committee,
we
can.
We
can
move
this
this
idea
forward.
J
What
we're
going
to
do
here
is
establish
a
grant
program
in
the
da's
conference
to
award
grants
to
county
governments
for
the
purpose
of
assisting
with
the
creation
of
a
dedicated,
accessible,
safe
and
secure
place
for
victims
to
meet
with
their
attorneys.
Any
of
you,
who've,
been
to
your
county
courthouse
know
it's
a
busy
bustling
place
where
I
live
in
dixon
tennessee
in
charlotte,
we
actually
have
the
oldest
working
courthouse
in
the
state.
J
We
just
built
a
brand
new
justice
center
which
we're
very
proud
of,
but
before
that
justice
center
was
built,
you
were
in
a
courthouse
that
had
been
standing
since
james
robertson
named
the
county
seat
after
his
wife,
and
so
there
wasn't
a
lot
of
space
to
move
about.
So
if
you'd
been
victimized,
you
were
quite
often
in
the
same
hallway
in
the
same
area
with
that
person
who
made
you
a
victim,
and
so
I
think
it's
it's
important
and
I'm
proud
to
be
able
to
carry
this
to
create
a
safe
space.
G
F
J
Thank
you,
mr
chairman,
and
thank
you
to
my
good
friend
from
shelby
county
for
the
question,
so
this
would
authorize
counties
to
receive
a
one-time
grant
of
up
to
five
thousand
dollars
with
a
match
requirement
of
at
least
25
of
the
amount
requested.
So
if
they
request
the
full
five,
they
would
have
to
put
up
25
percent
of
that
or
some
amount
lower
if
they
did
not
request
the
full
five.
J
Thank
you,
mr
chairman.
No
sir,
the
bill
doesn't
contemplate
that
we
what
we
we
tried
to
balance
our
our,
what
we're
trying
to
do
for
victims
with
obviously
budgetary
constraints
and
the
realities
that
that
we
see.
But
you
know
all
the
bill
would
say,
is
that
it's
a
five
thousand
dollar
grant
and
the
local
match
requirement
is
only
25
of
whatever
amount
that
they
request.
F
And
would
there
be
any
liability
for
that
county
seat
or
or
the
courthouse
or
whoever
is
administrating?
If
they
did
not
do
this,
and
there
was
an
incident.
J
J
Thank
you
for
the
question.
I
understand
there
is
no
directive
to
build
a
space.
Some
county
seats
already
have
a
victim
space
in
their
courthouse.
So
it's
not
our.
We
don't
believe
that
all
95
counties
need
this.
I
mean,
for
example,
in
in
shelby
county
you've
got
a
much
larger
setup
than
what
I
described
say
in
charlotte
tennessee.
J
F
And
shelby
county
is
in
a
position
to
handle
the
the
requirements
and
I'm
trying
to
look
out
for
my
rule
brothers
and
sisters.
Thank
you,
mr
chairman.
Thank
you.
A
A
J
That
I
do
want
to
just
say:
this
is
an
idea
that
I'm
very
passionate
about.
I
know
leader,
lambert
and
others,
and
I
have
worked
on
the
criminal,
the
indigency
monitoring
fund,
known
as
the
emif,
and
how
that
interplays
with
interlock
and
so
forth.
We
we
have
a
system
right
now
that,
unfortunately,
every
year
runs
out
of
money
through
no
fault
of
anyone,
who's
administering
the
plan,
and
so
we
thought
we
had
a
fix
here,
but
have
heard
from
fna
that
this
is
not
something
logistically
that
they
can
do
this
year.
J
A
Thank
you
very
much.
Thank
you
for
your
work
on
this,
but
without
objection
we
will
take
this
off
notice.
Thank
you.
Thank
you.
Chairman
item
number
40
house
bill
1440.
J
J
Much
sir
members,
what
we're
trying
to
do
here
is
kind
of
modernize
our
our
code
when
it
comes
to
certain
drug
weights
and
types
of
drugs,
as
we
know,
fads
and
things
change
over
time.
J
We
hear
a
report
almost
every
year
from
the
tbi
over
what
the
what
the,
what
the
largest
drug
crimes
are
in
the
state
and
kind
of
what
our
real
problems
are.
So
what
I
wanted
to
do
is
I
sat
down
with
our
friends
in
law
enforcement
and
said:
okay.
If
we
really
want
to
try
to
separate
dealers
and
traffickers
from
petty
users
and
try
to
right-size
our
system
a
bit,
what
would
be
some
ideas
to
do
that,
and
this
was
something
that
we
came
up
with,
so
what
this
bill
would
do?
J
So
what
we're
doing
is
we're
gonna
we're
going
to
try
to
tighten
the
screws
on
folks
who
are
trafficking,
the
drugs
that
we
see
most
currently
now
and
and
take
away
some
of
the
or
rather
re
redivert,
some
of
the
resources
that
we're
putting
towards
those
cocaine
users
that
are
not
really
trafficking
in
large
amounts.
So
it's
kind
of
a
right
size
of
the
code
and
if
you've
got
any
questions
about
why
the
specific
weights
for
each
one
I'm
happy
to
answer
that,
but
I'll
I'll
leave
it
at
that.
C
J
Thank
you
representative
beck
for
that
question.
I
don't
know
if
the
the
code
doesn't
define,
doesn't
change
the
definition
I
think
cocaine
is
just
mentioned
as
cocaine
in
this
bill.
F
Thank
you,
mr
chairman,
and
following
up
I'm
coming
along
the
same
lines
as
as
representative
beck,
because
we
know
in
the
poor
communities
is
crack,
that's
filling
up
the
jails
and
and
ruining
lives,
but
the
users
need
more
health
care
than
criminal
care.
F
So
I
want
to
try
to
be
straight.
Are
we
impacting
the
the
sentencing
for
the
users,
the
charging
or
the
sentencing
of
the
users
of
crack
cocaine.
J
Thank
you,
representative
hardaway,
and
I
wanted
to
make
sure
that
I
had
this
answer
right
for
you,
because
it's
certainly
my
legislative
intent,
but
no
you're,
you
and
I
are
under
the
same
exact
issue.
Tennessee
code
does
not
differentiate.
Now.
Cocaine
includes
crack
powder,
cocaine
and
that's
exactly
why
we're
going
from
.5
to
the
3.5,
because
at
3.5
grams
you're,
just
below
an
eighth
of
an
ounce
which
law
enforcement
regards
as
a
dealer
amount
of
cocaine
any
amount
below
this
threshold
that
the
bill
is
now
is
now
creating
should
be
considered.
J
Thank
you
for
the
question
this
bill
does
not
contemplate
health
care
in
any
way,
but
I'm
I'm
sure
the
health
committee
is
working
hard
on
those
issues
as
well.
F
D
It's
kind
of
at
the
end
of
the
rope
where
they're
like
you
know,
you've
had
one
two,
three
four
five
strikes
at
it.
Sorry
you're
gonna,
have
to
face
the
consequences
for
your
continued
drug
use
and
drug
dealing.
And,
to
me,
this
bill
is
simply
lowering
the
bar
and
being
softer
on
crime
rather
than
holding
people
accountable.
D
Drugs
are
the
most
problematic
issue
for
society
today
and
look
I'm
all
for
getting
drug
assistance
for
everyone,
more
mental
health
than
the
criminal
justice
system.
That
is
definitely
needed,
but
simply
lowering
the
bar
in
my
experience
is
unproductive,
and
for
that
reason
I
can't
support
the
legislation.
Thank
you.
J
Thank
you,
mr
chairman,
and
I
appreciate
those
comments
I
I
do
want
to
point
out
and
I'm
not
not
to
be
in
a
writing
debate
at
all,
but
just
so
nobody's
unclear.
This
would
still
be
a
c
felony.
So
it's
not
like
we're
decriminalizing
anything
here
and,
of
course,
those
other
factors
that
you
mentioned
would
also
be
able
to
be
taken
into
into
consideration.
J
J
Three
years
later,
passing
the
tennessee
criminal
sentencing
reform
act
of
1989,
and
while
the
tennessee
code
does
not
distinguish
between
crack
cocaine
and
powder
cocaine,
the
sentencing
commission
recommended,
and
the
general
assembly
adopted
a
0.5
gram
threshold
for
treating
cocaine
as
a
class
b
felony,
whereas
all
other
schedule,
2
drugs
were
treated
as
class
c
felonies.
So
we're
just
trying
to
treat
this
the
same
way.
J
A
A
Seeing
none
we're
now
voting
on
adding
amendment
number
zero,
zero.
Four,
seven,
five,
six
on
the
house
bill,
1440.,
all
those
in
favor
say
aye
aye,
those
opposed.
No,
the
eyes
prevailed
when
we
adopt
we're
now
on
house
bill
1440,
as
amended
question
has
been
called
any
objection,
seeing
no
we're
now
voting
on
sending
house
bill
1440
as
amended
on
the
full
criminal.
All
those
in
favor
say:
aye
aye,
those
opposed.
No
the
eyes
prevail.
You
move
on
the
full
criminal
if
you
wish
to
be
recorded
as
a
no,
please
see
the
clerk.
A
Members,
let's
take
a
journey
back
to
the
front
of
our
calendar
to
item
number
four.
A
We're
going
to
house
bill
978
by
chairman
williams,
you
have
a
motion
in
a
second.
You
are
recognized.
A
K
You,
chairman
of
members
house
bill
978,
is
comes
to
me
from
my
local
community.
We
have,
as
some
of
you
may
know,
when
you
travel
east.
There
are
five
exits
in
my
community
and
our
putnam
county
is
shaped
similar
to
the
state
of
tennessee,
it's
long
and
narrow,
so
we
have
lots
of
interstate
access,
but-
and
so
that's
where
most
of
the
eight
counties
come
there
and
shop
we
have
years
ago,
we
passed
a
statute
for
camping,
says
you
can't
camp
on
state
properties.
K
What
this
bill
does
is
seeks
to
extend
the
same
camping
prohibition
at
the
local
level
for
municipal
and
city
governments.
Currently
they
do
they're
they're
not
able
to
prevent
people
from
camping
on
public
properties.
For
instance,
there's
a
bus
garage
in
my
community
and
people
have
begun
to
camp
there,
and
so
this
would
allow
them
a
classy
misdemeanor
on
those
divided
access
highways,
as
well
as
the
city-owned
property.
K
F
F
So,
if
I'm
misinterpreting
please
help
me,
but
otherwise
I
it
just
looks
like
we're
criminalizing,
and
I
don't
know
if
felon
felonizing
or
felony
ising
or,
however,
to
put
it
but
yeah
whatever
that
word
is
we're
putting
a
criminal
burden
on
folks
who,
instead
of
slapping
them
down,
we
need
to
be
trying
to
reach
that
hand
out
to
pull
them
up.
So
I've
been
interested
in
your
response,
sir.
K
Thank
you
as,
as
the
question
said
earlier,
this
is
not
a
felonious
event,
the
secondly,
the
as
it
relates
to
this
it's
already
in
current
statute.
Local
governments
can't
do
that.
K
K
In
addition
to
this,
though,
you
commented
about
mental
illness.
I
think
it's
a
really
important
component
of
the
challenge,
that's
in
my
community
and
across
the
state,
and
so
there
are
other
bills
that
I
have
that
deal
with
those
issues,
for
instance
eliminating
the
certificate
of
need
process
for
mental
health
components
in
rural
rural
parts
of
the
state.
K
It's
very
difficult
for
people
to
do
that,
and
so
I
have
a
bill
to
do
that
as
well,
but
it's
a
multi-faceted
approach-
and
this
component
of
it
here
happens
to
be
as
it
relates
to
the
criminal
penalty.
The
truth
is,
is
that
my
local
law
enforcement,
sometimes
the
much
like
discipline
with
our
kids.
The
ability
to
discipline
doesn't
mean
you
want
to
it
just
means
you
have
an
action
to
do
that.
F
Okay-
and
you
know,
I
know
where
your
heart
is,
and
I
don't
question
your
intent
and
I'll
probably
be
signed
on
to
a
couple
of
your
other
bills,
this
one,
I
might
have
a
change
of
mind
pending
our
discussions
by
the
time
it
hits
full
committee,
but
in
subcommittee
I'm
not
there,
but
thank
you,
sir.
Thank
you.
Thank
you,
mr
chairman.
J
Unfortunately,
I
had
a
man
in
my
district
who
was
killed
that
very
way
and
just
tragic,
tragic
set
of
circumstances.
But
you
know,
as
far
as
what
we
know
for
you
know
this
bill
does
not
contemplate.
You
know
somebody
that
you
might
see
at
an
intersection
asking
you
know
for
change
or
something
like
that.
That's
that's
not
the
intent
here
and
I
don't.
I
don't
think
you
touch
that
so
no.
K
Thank
you
chairman,
yes,
chairman
curcio,
that
that
is
not
the
intent
with
this
bill,
the
as
as
the
courts
have
opined
in
the
supreme
court
of
opined
that
panhandling
or
solicitation
public
properties
is
a
first
amendment
right.
They
can
do
that
this,
the
much
like
the
statute.
If
most
of
us
have
seen
people
walking
along
an
interstate,
highway,
hitchhiking
or
whatsoever
the
law
enforcement,
that's
an
actionable
offense,
similar
to
what
this
would
be.
K
So
law
enforcement
can
put
them
in
the
car
and
say
I
got
to
get
you
off
the
highway
or
you
know
you're
not
supposed
to
be
here.
It's
the
same
thing,
it's
just
doing
it
for
the
acts
for
the
the
those
divided
or
accessible
highways,
the
same
way
so
as
if
that
same
right-of-way
extended
down
the
ramps
and
back
up,
and
so
it
is
in
particular,
in
my
district.
I
have
two
two
exits
where
the
off
ramps
are
really
narrow
and
tight,
and
so
it's
very
very
difficult
to
keep
those
areas
safe.
K
We
we
even
had
to
post
law
enforcement
officers
there
full
time
during
high
traffic
areas
just
to
keep
people
moving
so
anyways,
but
that
wasn't
the
intent
of
this
at
all.
D
Thank
you
chairman
and
thank
you
representative
chairman,
for
bringing
this
bill
and,
like
chairman
curcio,
this
is
a
public
safety
issue
and
if
we
pass
this
legislation,
this
may
in
fact
save
somebody's
life,
because
these
high
traffic
areas,
if
a
car
swerves,
then
paying
attention
they're
texting
on
the
phone
or
something
and
they
run
over
somebody
inside
one
of
these
tents.
I'd
hate
to
think
of
that
and
look
gentlemen.
D
The
state
is
running
consistently
and,
ladies,
it's
running
a
100
million
excess
revenue
collections
over
budgeted
numbers
if
we
just
took
one
month
out
of
that
and
spent
that
on
mental
health
issues
in
this
state
and
people
with
homeless-
and
I
think
a
large
barber
homeless
population
has
mental
health
issues,
I
think
we
could
really
move
the
state
tennessee
forward
and
I
look
forward
to
your
other
legislation
on
that
be
willing
to
support
that.
Thank
you,
mr
chairman.
Thank
you.
G
Thank
you,
mr
chairman,
and
thanks
to
the
sponsor
for
this
bill.
It's
interesting
that
I
I
have
two
state
parks
in
my
district
and
I've
had
recent
conversations
with
the
rangers,
as
well
as
the
vice
president
of
the
chamber,
who's
in
charge
of
overseeing
tourism
and
we've
had
many
conversations
about
this
very
issue
and
the
growing
need
to
get
a
handle
on
people
who
trash
our
beautiful
state,
and
it's
it's
happening
not
just
in
my
district,
your
district,
but
statewide.
A
Thank
you.
Thank
you,
leader,
lamberth,
who
previous
question
question
has
been
called
any
objection.
Seeing
none
we're
now
voting
on
sending
house
bill
978
on
the
full
criminal,
all
those
in
favor
say
aye
aye,
those
opposed
no,
the
eyes
prevailed.
A
C
You,
mr
chairman,
under
president
law,
the
tennessee
standardized
treatment
program
for
sex
offenders,
requires
that
sex
offenders
submit
to
an
evaluation
for
treatment
developed
by
the
sex
offender
treatment
board.
Sex
offenders
who
require
such
evaluation
and
treatment
are
individuals
who
have
been
convicted
of
certain
sex
offenses,
including
rape,
rape
of
a
child
aggravated
rape,
solicitation
of
a
minor
and
sexual
exploitation
of
a
minor.
This
bill
adds
the
following
to
the
list
of
sex
offenders.
A
A
A
G
General
assembly
has
done
a
lot
of
work
to
increase
awareness
for
sex
trafficking
and
human
trafficking,
and
has
done
a
lot
to
prevent
these
activities.
Much
of
our
work
has
been
in
schools
with
teachers
and
our
students.
This
is
a
bill
that
would
allow
us
an
opportunity
to
work
in
a
slightly
different
area.
This
bill
would
require
the
19-member
tennessee
human
trafficking
advisory
council
to
develop
an
awareness
poster
that
would
be
put
up
in
our
tennessee.
Welcome.
G
Centers
tennessee
has
16
welcome,
centers
that
that
where
these
awareness
posters
could
be
displayed
and
the
bill
suggests
that
one
of
the
places
where
consideration
could
be
given
for
the
display
would
be
on
the
backs
of
bathroom
door
stalls,
there
are
people
who
pass
through
the
state
who
might
have
a
moment
of
privacy
in
the
restroom,
and
they
could
look
at
these
posters
to
learn
about
the
issue.
The
posters
could
contain
our
tennessee
hotline
number
and
our
state's
web
page
address
that
contains
some
information
about
this.
G
A
You
for
that
explanation,
any
questions
for
our
sponsor
all
right.
Any
objection
to
the
question
on
the
amendment.
Seeing
now
we're
now
voting
on
adding
amendment
number
zero,
zero.
Four
six,
seven,
eight
on
the
house
bill,
1334,
all
those
in
favor
say
aye.
Those
opposed.
No
the
eyes
prevail.
We're
now
on
house.
We
adopt
her
on
house
bill
1334,
as
amended
question
has
been
called
any
objection,
seeing
none
we're
voting
on
adding
house
bill
1334
on
to
full
criminal,
all
those
in
favor
say
aye
those
opposed
nope
the
eyes
prevail.
Thank
you
all.
Thank
you.
A
L
Thank
you,
chairman
of
committee.
This
is
a
very
simple
bill.
It
reads
exactly
as
it
is
printed.
Thank
you,
sir.
It
is
changing
the
definition.
That's
currently
in
code
from
aggravated
animal
cruelty
from
depraved
and
sadistic
manner,
to
a
very
specified,
objective
and
measurable
list
that
if
someone
knowingly
commits
the
following
that
they
purposefully
and
knowingly
kill,
maim,
torture,
drown,
suffocate,
mutilate,
starves
or
otherwise
causes
physical
harm
or
injury
to
a
companion,
animal
that
qualifies
for
aggravated
animal
cruelty.
I
have
met
with
farm
bureau
on
two
occasions.
L
F
Thank
you
and
thank
you
sponsor.
I
just
want
to
be
clear
in
my
mind.
It
doesn't
change
any
of
the
sentencing
guidelines
that
just
put
some
definition
in
place.
That
brings
clarity
so
boom
boom
boom.
We
we've
got
the
specifics.
Instead
of
a
general
description
of
the
offense.
L
Thank
you,
mr
chairman,
and
yes
to
my
colleague
in
in
talking
to
the
senator,
who
is
the
chief
bill
sponsor
senator
lundberg
in
his
area.
There
had
been
a
concern
that
in
the
court
system,
they
had
been
bringing
in
social
workers
and
psychologists
to
engage
to
define
what
is
sadistic,
what
is
depraved
and
it
added
a
layer
of
of
interfacing
that
sometimes
it
was
just
really
a
matter
of
needing
some
objectivity,
and
this
is
putting
that
objectivity
into
law
so
that
it
can
stand
up
in
court
and
there
can
be
measurable
behavior.
That
applies.
A
A
Okay,
without
objection
sponsor,
we
are
going
to
go
out
of
session
to
hear
yes
ma'am
and.
A
L
I'm
angela
schubert
from
lawrence
chapel
tennessee.
I
have
some
questions
about.
A
L
So
my
question
is:
under
the
current
law
of
for
3914,
202,
3914
212
and
the
federal
pac
act.
They
all
have
the
same
overlapping
language.
However,
your
matter
of
devious
harm
to
a
companion
animal
existing
laws
cover
it.
I
oppose
this
733
because
I
find
it
unnecessary
to
make
alterations.
L
L
Did
the
same
act
because
3914
202
uses
the
exact
same
language
of
intentionally
and
knowingly,
tortures,
mames
and
burns,
but
only
poses
a
b
misdemeanor?
Would
this
language
change
the
provo?
Would
this
change
anything
in
202.
A
D
Thank
you,
mr
chairman,
thank
you
representative
for
bringing
this
as
a
former
d.a.
I
know
that
the
sadistic
and
depraved
manner
is
always
a
little
nuanced
element
that
prosecutors
have
to
prove,
and
this
language
will
give
it
takes
that
sort
of
nuance
element
out
of
it
and
makes
it
clear
this
one.
Two
three
is
what
you
gotta
prove.
I
appreciate
you
bringing
bill
and
I
support
the
legislation.
Thank
you.
Thank.
G
L
C
A
L
A
Any
other
questions
for
our
sponsor,
I
do
have
one.
I
do
have
one
question
if
I
may
thank
you.
This
is.
This
is
a
very
broad
caption
here
in
our
code
that
this
this
looks
at.
If
there
is
an
amendment,
would
you
be
willing
to
bring
that
back
before
this
committee
before
we
proceed.
L
I
appreciate
the
chairman
asking
me
that
question
my
office
did
receive
an
amendment
and
we
were
mistaken
to
believe
that
it
was
delivered
to
us
from
the
bill
sponsor
in
the
senate,
and
we
found
out
that
that
was
not
the
case,
and
so
there
has
been
an
amendment
filed,
but
it
will
not
travel
with
this
bill.
Anything
moving
forward
will
be
deemed
unfriendly.
L
There
is
no
intent
on
this
sponsor's
behalf
to
do
anything
other
than
to
add
a
more
robust
definition
and
that
helps
a
prosecutor
approve
objectively
what
this
crime
is
to
be
not
subjectively.
So
to
answer
your
questions
specifically,
another
amendment
that
would
make
this
more
broad
applying
to
other
types
of
animals
would
be
inappropriate.
Okay,
thank.
A
D
A
Yes,
sir,
we
I
have
got
a
time
allotted
here
towards
the
end
of
this
committee
to
take
care
of
that,
for
you.
Thank
you.
Thank
you.
Mr
chairman
item
number
14
house
bill.
545.,
you
have
a
motion
in
a
second
chairman
dixie,
you
recognize
you
have
two
amendments
traveling
with
your
legislation.
A
Amendment
number
one:
zero,
zero.
Four,
two,
two
nine!
Do
you
wish
to
proceed
with
that
amendment?
Yeah.
M
A
M
What
it
does
is
because,
technically
once
they're
finished
with
their
court
case,
they're
not
defendants,
anymore,
they're,
incarcerated
individuals,
and
if
we're
going
to
work
to
reform
and
change
the
stigma
of
what
a
felony
a
felon
is
and
try
to
get
them
back
and
curse
and
incorporate
into
society.
This
will
go
a
long
way
as
far
as
building
the
morale
for
the
actual
incarcerated
individual.
The
second
thing
it
does
it:
it
states
that
they,
within
the
one
year
of
the
red
day,
the
release
eligibility
date
that
they
should
have
their
parole
plan.
M
M
The
one
in
october
got
out
before
the
one
in
july,
because
the
one
in
july
had
to
take
some
classes
that
were
not
offered
at
the
prison
that
he
was
currently
in.
So
he
had
to
wait
until
that
prison
had
some
availability
he'd
get
transferred.
It
was
a
process,
but
by
knowing
that
he
had
this
a
year
ahead
of
time.
This
could
have
been
solved
and
he
could
have
been
released
on
time.
This
will
save
the
state
money,
taxpayers
money
and
with
that
that's
my
explanation,
so
I'm
staying
ready
to
answer
any
questions.
Okay,.
A
Thank
you
any
any
questions
for
the
sponsor
on
this
amendment.
All
right.
Seeing
now
we're
now
voting
on
adding
amendment
code,
zero,
zero,
four,
two:
two:
nine
on
the
house
bill,
545,
all
those
in
favor,
say
aye
as
opposed.
No,
the
ice
prevail
we
adopt.
There
is
a
second
amendment,
mr
sponsor
coded:
zero,
zero,
five,
three
zero
six
there's
a
motion
in
a
second
on
that
amendment.
C
M
J
Chairman
curcio,
thank
you,
mr
chairman
and
representative
dixie.
I
noticed
something
here
and
wanted
to
be
of
assistance.
If
I
could,
I
need
to
make
an
oral
amendment
before
we
adopt
this.
Otherwise
we
will
delete
what
you
just
did.
So
my
oral
amendment
is
to
change
where
it
says
section:
three:
we
need
to
change
that.
To
section
two.
M
A
Question
called
on
the
oral
amendment,
those
in
favor
of
attaching
the
oral
amendment
say:
aye,
those
opposed
no,
the
eyes
prevail
we
adopt,
and
so.
A
Now
we're
on
amendment
two
as
amended
question
has
been
called
all
those
in
favor
of
of
attaching
amendment
two
five,
three
zero
six
onto
house
bill,
545,
say
aye
aye
as
opposed.
No,
the
eyes
prevailed
we
adopt.
We
are
now
going
to
roll
amendments
number
one
and
number
two
into
one
amendment.
Without
objection.
A
A
A
Amendment
makes
a
bill.
Please
well
we'll
we'll
adopt
the
amendment.
That's
will
the
committee
and
then
we'll,
let
you
explain
it
if
that's
question's
been
called
any
objection,
seeing
none
we're
now
voting
to
adopt
amendment
number
zero,
zero.
Four,
two
seven
eight
on
to
house
bill
563,
those
in
favor,
say
aye
aye,
as
opposed.
No
the
eyes
prevail.
We're
on
house
bill
563
as
amended
you're
recognized
so.
M
Currently
in
state
law,
where
you
can
write
one
time
10
times
the
limit
that
you
put
up
for
capital
so
right
currently
for
a
simple
explanation:
if
you
put
up
a
hundred
thousand
dollars,
you
can
write
a
million
dollars
worth
for
bonds.
That
gives
you
a
million
dollars
worth
of
capacity
so
what's
happening,
and
it's
not
really
necessarily
due
to
covert.
But
it's
just
the
way
that
we're
proceeding
going
forward.
The
courts
are
moving
slower,
they're,
not
seen
as
many
cases
how
a
lot
of
bail
bondsmen
make
their
money
is
by
turning
over
cases.
M
They
get
disposed
of
so
a
lot
of
general
sessions,
cases
last
maybe
three
to
six
months,
but
with
the
onset
of
pre-trial
they're,
taking
a
lot
more
of
those
pre-trial
cases
than
letting
people
off
on
rr,
which
is
a
great
thing,
they're,
not
keeping
them
in
jail.
That's
fine!
So
what
it
leaves
if
the
more
riskier
cases
which
are
the
felony
cases,
which
in
sometimes
can
last
from
anywhere
from
36
months
to
60
months.
M
So
what
that
does
it
ties
up
the
capacity
of
a
bail
bondsman,
so
this
bill
would
increase
it
from
10
times
to
20
times
to
give
them
a
little
bit
more
flexibility,
and
it's
a
more
of
an
economic
bill
to
help
you
maybe
get
more
people
out
of
jail,
because
in
some
of
these
small
towns
they
don't
have
a
couple
of
bonds,
especially
in
tipton
county,
that
that
their
capacity
is
there.
So
it's
not
that
they
won't
get
them
out
of
jail.
M
A
Thank
you
any
questions
chairman
farmer,
good,
to
see
you
yeah.
G
A
K
Apologize
for
being
tardy
this
morning,
one
question:
have
you
thought
about
the
situation
where.
M
These
are
monitored
by
the
courts
so
like,
for
instance,
whenever
I
get
ready
to
make
a
bond
well
right
now
we
all
we
all
have
to
do
a
semiannual
report
twice
a
year,
so
the
courts
know
exactly
where
you
are
and
how
much
capacity
you
have.
So
this
will
still
be
collateralized
by
that.
So
it's
not
that
you
won't
be
able
to
to
do
any
bonds
or
get
overextended,
because
the
courts,
the
judges,
monitor
this
as
we
go.
M
G
A
H
Good
bill,
I
think,
you've
amended
it
in
a
great
spot.
I
would
like
to
ask-
and
you
may
not
be
aware
of
this-
do
you
know
the
status
of
this
in
the
senate?
I
do
but,
but.
M
O
M
H
Sure
we
hear
some
really
good
speeches
in
here.
It
did
get
summer
studied
in
the
senate.
I
think
very
recently
and
then
that's
a
heck
of
a
speech,
and
I
appreciate
it,
but
I
will
say
we
normally
do
not
proceed.
If
something
is
not
going
to
be
able
to
proceed
in
the
senate,
I
don't
know
the
will
of
the
rest
of
the
committee.
I'm
I'm
comfortable
voting,
yes
to
at
least
get
you
to
the
full
committee.
H
H
You've
worked
very
hard
on
this
and
again
I
think,
moving
forward
and
leading
the
house
and
making
it
clear
to
the
senate
that
you
can
proceed
here
but
moving
beyond
and
that's
more
a
question
for
the
full
committee
chair
as
to
how
he
feels
about
it.
But
I
mean
moving
beyond
the
full
committee
in
the
house.
H
Would
probably
wind
up
in
just
kind
of
a
lot
of
other
bills,
potentially
getting
to
the
floor
that
weren't
proceeding
in
the
senate
as
well,
so
just
a
thought,
but
I
wanted
to
at
least
bring
it
up
and
again
well
sold,
regardless
of
which
way
it
goes.
So.
Thank
you.
Well,.
M
G
A
M
I
see
the
look,
but
I
want
to
give
you
my
explanation.
First,
and
you
know
we
understand
that
a
lot
of
misdemeanors
they
may
go
when
someone
has
a
warrant,
it
can
be
active
for
five
years.
Some
people
don't
understand.
They
may
not
realize
that
they
have
a
warrant.
This
bill
keeps
the
warrant
active
for
five
years.
I
mean
current
statute
keeps
the
bill
at
a
warrant
actor
for
five
years.
M
This
bill
would
remove,
would
reduce
it
down
to
one
year
because
really
most
misdemeanors
are
punishable
by
one
year
in
in
jail
or
probation
or
whatever
you
may
have
you,
but
also
the
statute
states
that,
after
the
bill
becomes
active,
active
the
status
only
the
statute
of
limitations
is
12
months.
So
there's
some
ambiguity
in
how
we
interpret
this.
M
I
think
that
this
is
a
good
time
for
us
to
kind
of
work
on
this
bill
to
get
it
together.
I've
talked
to
a
lot
of
stakeholders.
I
think
there's
some
room
for
negotiation
here.
I
have
a
lot
of
good
things
going
on
with
this,
and
I
think
it's
going
to
help
a
lot
of
people,
because
it
will
also
help
reduce
the
interactions
with
police
and
a
lot
of
the
things
that
we've
seen
that
happened
across
the
countries
always
starts
out
with
minor
infractions
and
it
escalates.
M
A
A
Let's
run
down
to
item
number
44,
which
is
house
bill
361
by
vice
chairman
russell.
You
have
a
motion
in
a
second.
There
is
an
amendment:
zero,
zero.
Four,
five!
Six!
Three.
Do
you
wish
to
proceed
with
that
amendment?
Well,
yes,
mr
chairman,
okay
motion.
Second,
on
the
amendment
recognized
thank
you,
mr.
C
Chairman
the
amendment
makes
the
bill.
It
will
allow
pets
that
are
abandoned
to
be
rescued
as
long
as
an
officer
of
a
governmental
animal
control
agency
is
entering
the
property
of
a
dwelling,
has
one
of
three
reasons
and
that's
a
valid
search
warrant,
a
judicial
recognized
exception
to
the
warrant
requirement
or
the
property
owner's
consent.
C
A
Thank
you
for
that
explanation.
Any
questions
for
the
sponsor
on
the
amendment
question
has
been
called
on
the
amendment.
Any
objections,
seeing
none
we're
now
voting
to
add
amendment
number:
zero,
zero,
four,
five,
six
three
on
the
house
bill,
361.,
all
those
in
favor,
say
aye
as
opposed
no
the
ice
prevail
you
adopt
we're
on
house
bill
361
as
amended.
A
I
will
say
that
mr
bond,
but
there
is
testimony
on
this
bill
before
we
proceed
any
further.
We
will,
with
that
objection,
go
out
of
session
we're
out
of
session
here
from
angela
shubert.
A
Ma'am,
if
you
will
we'll
please
introduce
yourself
organization
you're
with
and
you'll,
have
four
minutes
to
make
a
statement.
L
Angela
schubert
from
morris
chapel,
the
amendment
I
had
no
notification
of
does
this
allow
you
said
it
is
going
to
allow
for
law,
enforce
a
warrant
before
entering
the
property.
A
We
will
we're
out
of
session,
so
I'm
going
to
ask
legal
services.
If
you
would
please
answer
that
question.
C
Fogerty
office
of
legal
services,
the
amendment
as
written
states
that
an
officer
of
a
governmental
animal
control
agency
may
enter
a
property
or
dwelling
and
rescue
any
abandoned,
non-livestock
animal
therein.
If
the
injury
is
pursuant
to
a
search
warrant,
a
judicially
recognized
exception
to
the
warrant
requirement
or
the
property
owner's
consent.
L
Sir
okay,
the
the
other
thing
is,
I
have
discovered
in
207.
L
It
allows
for
the
the
biggest
thing
with
the
bill
prior
to
the
amendment
was
the
going
into
dwellings,
private
property
to
confiscate
companion
animals
without
a
warrant
and
207
permissed,
because
there's
no
definition
of
abandoned
property.
There
was
no
definition
of
what
rescue
was
and
the
existing
there's
actually
existing
law,
3914
207,
that
that
allows
you
to
go
in
and
feed
her
water
prior.
So
you
could
at
least
do
that
for
something
to
get
a
warrant
with
a
actual
officer
law
officer.
L
A
Yes,
all
right,
any
other
question,
any
questions
for
our
vet
or
our
visitor
saying
none
without
objection.
We
go
back
in
session.
We
are
back
on
house
bill
361
as
amended.
Any
questions
for
the
sponsor
question
has
been
called
any
objection.
Seeing
none
we're
now
voting
on
sending
house
bill
361
as
a
minute
on
the
full
criminal.
All
those
in
favor
say
aye,
those
opposed.
No,
the
eyes
prevailed.
You
move
on.
Thank
you
all
right.
A
before
we
take
up
this
item,
I
want
to
let
the
the
committee
know
and
those
that
are
here.
We
we
have
two
pieces
of
legislation
before
us
today
that
that
are
going.
We
are
going
to
hear
testimony
on.
We
may
not
take
any
action
on
those
bills,
but
we
will
have
testimony
on
those,
and
so
we
will
take
up
a
few
more
bills
and
then
we
will.
We
will
get
to
those
points.
World
item
number
19
house,
bill
994
by
leader
love.
N
Thank
you,
mr
chairman
and
committee
members.
This
particular
piece
of
legislation
is
to
create
a
violence
interrupters
program.
I
want
to
read
you
the
text
of
it.
If
I
can
very
quickly
sorry
for
the
delay
here.
N
As
introduced
creates
the
tennessee
violence
intervention
program
with
the
department
of
criminal
justice
programs
in
finance
and
administration
to
invest
in
evidence-based
violence
reduction
initiatives.
So
we
talk
about
violence,
interrupted
programs,
violence,
interrupted
programs,
approach,
violence
from
a
public
health
perspective.
An
example
of
one
of
these
programs
is
called
cure.
N
It
reduces
the
amount
of
violence
in
the
neighborhoods,
it
has
evidence-based,
and
it
also
reduces
the
amount
of
time
that
law
enforcement
has
to
spend
on
reducing
violence,
because
it's
a
neighborhood
initiative
and
another
program
is
called
operation
safe
streets.
It
has
four
major
components:
a
review
of
implementation,
data
for
the
program,
an
analysis
of
the
effects
of
the
program
on
homicides
and
non-fatal
shootings
and
a
community
survey
of
attitudes
toward
gun,
violence
and
interview
with
these
persons
athletes.
N
So
this
is
evidence-based
programs
that
use
the
community
to
reduce
violence
in
their
own
neighborhood,
and
so
I'm
simply
asking
that
we
would
consider
this
piece
of
legislation
to
allow
us
to
create
this
same
type
of
program
here
in
tennessee
to
allow
persons
to
apply
for
grants
in
the
department
of
finance
and
administration
through
their
already
established
criminal
justice
programs
and
then
be
able
to
establish
violence,
interruption
programs
in
tennessee.
A
Thank
you
for
that
explanation.
Any
questions
for
our
sponsor
see.
Now
the
question
has
been
called
any
objection.
Seeing
none
we're
now
voting
on
sending
house
bill
994
on
to
full
criminal,
all
those
in
favor
say
aye
as
opposed.
No
the
eyes
prevail.
You
move
on.
Thank
you.
N
Thank
you,
mr
chairman
and
committee
members.
This
is
a
very
good
piece
of
legislation
I
want
to
let
you
know
that
this
has
been
brought
before
you
in
previous
years
and
actually
addresses
an
issue
about
the
duality
of
time
between
misdemeanors
and
felonies
when
it
when
it
speaks
to
the
amount
of
time
a
person
has
to
wait
before
they
can
apply
for
expunction
of
their
record
current
law.
As
of
today
march,
all
right
today,
current
law
says
you
must
wait.
Five
years
before
you
can
apply
for
a
expunction
of
a
misdemeanor.
N
You
also
must
wait
five
years
of
no
issues
before
you
can
apply
for
expunge
of
a
felony,
so
this
bill
does
not
affect
anything
with
the
time
frame
for
felonies.
It
only
deals
with
non-violent
misdemeanors.
I
think
that
if
a
person
has
served
their
time,
which
is
usually
11
months,
29
days
with
the
misdemeanor
that
they
shouldn't
have
to
wait
five
years
before
they
can
apply
for
expungement.
This
simply
says
they
have
to
wait.
Three
years
have
no
offenses
for
three
years
and
then
be
able
to
apply
for
expungement
of
their
records.
N
Again
it
does
nothing
with
felonies.
It
does
not
change
the
amount
of
time
for
felonies,
it
doesn't
deal
with
violent
misdemeanors,
but
simply
with
non-violent
misdemeanors.
So
again
I
would
ask
for
your
support
and
I'm
open
for
questions.
A
Thank
you
for
that.
First,
on
my
list
is
leader,
lambert
famous
chairman.
H
And
my
friend,
we've
gone
through
this
back
and
forth
before
your
intentions
are
pure.
H
I
completely
understand
the
reason
why
you're
bringing
the
bill,
but
five
years
is
a
reasonable
amount
of
time
as
well,
for
someone
to
prove
to
society
that,
while
they
have
been
convicted
of
a
crime,
misdemeanor
or
felony,
that
they've
gone
five
years
and
behaved
themselves
haven't
been
arrested
or
convicted
of
anything
else
and
and
when
they've
proven
that
they
have
not
only
can
they
have
one
misdemeanor,
but
you
know
chairman
curcio
has
carried
bills
in
the
past
and
others
that
and
senator
ackberry,
which
I
think
is
your
co-sponsor
in
this
bill.
H
You
know
we
we've
all
worked
for
years,
that
they
could
even
have
two
misdemeanors
or
a
misdemeanor
felony.
There's,
there's
multiple
opportunities
there
to
get
your
record
cleaned
up,
but
to
wait
five
years
and
to
prove
to
society
that
you
are
have
changed.
Your
ways
to
me
seems
very
reasonable.
Lowering
it
to
three
just
does
not
seem
appropriate
at
this
time.
H
G
F
Thank
you,
mr
chairman,
and
you
know
I
I
don't
think,
there's
ever
a
a
cookie
cutter
approach
to
justice
and
there
are
individuals
who
could
very
well
be
prepared
to
move
back
into
society
with
full
and
dignity
returned
by
having
the
the
ex-functions
and
from
the
way
that
I
interpret
the
bill.
F
Mr
sponsor,
it
doesn't
stop
the
scrutiny
of
the
courts
in
evaluating
the
worth
of
the
ex-function
application,
and
there
are
folks
who
it
might
take
them
one
time,
others
it
might
take
them
two
times
and
then
we've
got
those.
It
might
take
three
four
five,
but
there
are
folks
who
can
figure
out
how
to
be
better
citizens
in
less
than
five
years,
and
quite
often
I'll
suggest
to
you
that
that
two-year
difference
in
income
and
opportunities
to
create
economic
stability,
not
only
for
themselves
but
their
children.
F
F
I
think
it's
worth
the
worth
of
shot
to
see
how
three
years
and
you
look
at
how
it
fits
with
the
rest
of
the
the
offenses
that
are
eligible.
I
think
it's
worth
giving
under
sean.
So
I'm
voting
yes
for
this,
mr
sponsor
now,
thank
you
for
your
your
foresight
and
I
have
provided
some
insight.
C
N
This
is
expunging
the
record
of
the
conviction.
A
A
Okay,
members,
we
are
going
to
jump
ahead
here,
a
couple
places
to
item
number
23,
which
is
house
bill.
39.
You
have
a
motion
in
a
second.
What
we'll
do
here
if
it's,
the
will
of
this
committee
will
allow
representative
freeman
to
make
a
few
remarks.
He's
got
two
guests
that
we
would
hear
from
today
we'll
go
out
of
session
to
do
that.
As
we
come
back
in,
there
will
be
no
debate
on
the
merits
of
this
bill.
A
G
Thank
you.
Thank
you
chairman.
Thank
you
committee.
If
I
seem
a
little
nervous
it's
because
this
is
something
I've
been
working
on
for
a
good
three
four
years.
It's
the
first
bill
I
filed
when,
when
I
got
elected-
and
I
named
it
after
the
person
I
worked
with
jim
coley
to
get
this
passed.
G
I
can't
overestimate
overstate
how
important
this
this
legislation
is
going
to
be
we're
all
aware
of
the
backlog
of
untested
rape
kits
that
we
saw
in
in
tennessee
several
years
ago.
It's
a
problem
across
the
nation
and
the
solution
that
other
states
have
come
up
with
is
to
put
a
a
tracking
system
that
allows
the
victims
and
the
survivors
of
rape
and
sexual
abuse
to
be
empowered
to
know
the
process
of
their
kit.
G
I've
worked
with
all
the
stakeholders,
tbi
and
others
to
get
this
in
a
posture
that
they
are
supportive
of,
and
I'm
excited
to
present
it.
I'm
not
sure
exactly
what
you
want
me
to
do.
I
do
have
an
amendment.
Do
you
not
you
don't
do
any
of
that.
G
So
so,
with
that
I've
got
I've
got
two
people
I'd
like
to
give
some
testimony.
A
Okay
sounds
great
members
of
objection.
We
are
going
to
go
out
of
session
out
of
session.
We
have
two
here:
jordan,
kimmel
and
a
michelle.
A
A
We
will
both
of
you
will
have
an
opportunity
to
speak.
You'll
have
four
minutes
of
peace
to
speak.
Whoever
goes
first,
if
you
would
there's
you
turn
your
microphone
on
you'll.
Have
you
introduce
yourself
and
for
the
record
and
then
you
will
have
four
minutes.
O
Okay,
great
hi
good
afternoon,
chair
doggett
and
committee
members.
My
name
is
michelle:
kuiper,
I'm
honored
to
be
here
today
representing
the
joyful
heart
foundation.
It's
the
nation's
leading
organization
working
to
eliminate
the
rape
kit
backlog,
we're
so
grateful
for
representative
freeman
for
partnering
with
us
over
the
last
few
years
on
this
essential
effort
and
for
championing
hb39
joyful
heart
was
founded
in
2004
by
law
and
order,
svu
actress
director
and
advocate
mariska
hargitay.
O
Tennessee
has
rape
kit
testing
laws,
but
how
do
we
know
that
if
they
are
being
followed,
tracking
systems
are
crucial
to
holding
hospitals,
law
enforcement
and
labs
accountable
by
monitoring
if
they
are
following
the
state's
laws?
In
addition,
a
tracking
system
would
allow
for
survivors
to
follow
the
kit
through
the
process
with
technology.
Today
you
can
track
your
purchases
on
amazon
and
know
where
it
is
at
all
times.
All
we
are
asking
is
that
the
victims
would
be
allowed
to
do
the
same.
O
30
states
in
dc
have
online
tracking
systems.
Hb
39
would
create
a
new
victim's
right,
the
right
to
know
the
status
of
their
sexual
assault,
forensic
exam,
otherwise
known
as
a
rape
kit.
After
having
a
long,
extensive
forensic
exam
survivors
go
home
in
trauma
and,
tragically,
most
are
never
contacted
about
the
status
of
their
evidence.
O
This
is
detrimental
to
the
passage
of
their
healing
joyful
hearts.
Research
in
2016
found
that
access
to
information
can
counter
the
loss
of
control
that
is
at
the
core
of
the
sexual
assault.
Experience
24
states
in
washington
d.c
grant
survivors
the
right
to
know
the
status
of
their
kits.
Survivors
in
tennessee
should
have
the
same
right.
Hb
39
also
speeds
up
rate
kit
testing
by
shortening
timelines
for
rape
kit.
O
Submissions
tennessee
has
one
of
the
longest
timelines
of
33
states
to
submit
rape
kits
to
the
lab,
allowing
dangerous
offenders
to
stay
on
the
streets
longer
with
h.b
39.
The
tennessee
legislature
can
bring
greater
accountability
to
the
rape
kit
handling
process,
and
this
will
send
a
strong
message
to
survivors
that
they
and
their
healing
matters.
Thank
you
so
much
for
your
consideration
today.
A
B
Hello,
my
name
is
jordan
kimmel.
I
am
from
rice
being
raped
at
18
years
old,
while
enrolled
in
college
comes
with
unique
challenges.
B
B
B
B
Sexual
violence
is
not
limited
by
geographic
location
and
even
though
we
may
try
to
put
ourselves
into
categories
and
create
distinctions
which
may
or
not
may
or
may
not
be
necessary,
it
is
an
issue
that
affects
us
all
too
many
activists
allow
anger
and
resentment
to
be
their
driving
forces.
Often
you
are
the
targets
of
the
rage.
B
B
B
I
have
a
dream
that
tennessee
will
be
able
to
track
sexual
assault
kits
so
that
victims
never
lose
sight
of.
What's
important,
I
have
a
dream
that
health
care
facilities
will
tell
victims
what
their
hold
kit
tracking
number
is,
where
their
kid
is
located
in
the
procedures
for
making
a
police
report,
I
have
a
dream
that
the
college
students
of
today
will
be
able
to
come
forward
when
they
are
grown
to
face
their
assailant
with
a
10-year
preservation
of
hold
kids.
B
Representative,
jim
coley
understood
that
dream,
and
if
he
was
still
working
in
this
building,
he
would
certainly
tell
you
that
himself,
being
a
rape
victim
while
enrolled
in
college
is
incredibly
difficult.
So
I
hope
to
inspire
you
all
to
think
of
what
tennessee
can
be
for
the
next
generation
of
survivors
of
sexual
violence.
Like
me,
thank
you.
G
Thank
you
for
coming
today
and
sharing
your
story.
I
have
one
question
that
I
apologize
just
don't
understand.
You
said
that
you
were
three-way
three
years
away
from
losing
something.
I
just
want
you
to
clarify
that.
B
J
Thank
you,
mr
chairman.
I
just,
I
believe,
they're
not
required
under
current
law
to
hold
it
any
longer
than
three
years,
so
it's
not
a
guarantee
that
that
rape
kit
would
be
destroyed,
but
I
think
what
our
witness
is
testifying
to
the
fact
is
that,
obviously,
that's
very
troublesome.
If,
if
that's
your
kit-
and
you
know
that
they
potentially
could
destroy
it,
this
bill
would
seek
to
change
that,
among
other
things,.
G
Thank
you
chairman,
and
thank
you
for
that
clarification,
and
this
is
all
new
to
me.
So
forgive
me,
but
your
story
is
certainly
touches
our
heart
and,
if
there's
anything
that
we
can
do,
I
think
that
we
we
certainly
should
you
deserve
to
have.
G
A
speedy
end,
if
if
it
can
be,
but
we
should
never
give
up
on
you
and
as
a
victim,
and
I
don't
think
we
would
do
that-
I
don't
have
enough
information
myself
to
you-
know,
make
a
judgment
where
the
other
I'm
not
an
attorney.
A
lot
of
these
are,
but
I
am
signed
on
to
the
bill
because
I
believe
in
it.
Even
though
I
don't
have
the
information,
and
so
god
bless
you,
god
speak
to
what
you're
trying
to
do
both
of
you
and
let's
do
something
in
behalf
of
our
victims.
F
Thank
you,
mr
chairman,
and
good
morning
to
you,
ladies
and
thank
you
for
being
here.
That's
that's
an
awfully
strong
message
that
you
bring
and
you
phrase
it
so
eloquently,
and
it
just
puts
me
in
the
mind
of
the
legal
maximum,
that
justice
delayed
this
justice
denied
and
then
I
reflect
on
the
preamble.
F
We,
the
people
of
the
united
states,
in
order
to
form
a
more
perfect
union,
establish
justice
and
we're
not
doing
that.
If
we're
not
giving
a
timely
and
speedy
resolution
to
you
as
the
injured
party
we're
not
fulfilling
our
constitutional
obligations,
the
legislature
is
in
a
position
to
do
so.
F
Sponsor
has
brought
us
that
vehicle
to
make
it
happen,
and
I
appreciate
you
all
being
here.
That's
that's.
Some
amazing
story
that
you
have
your
dedication,
not
one
of
pity
for
yourself,
but
one
of
taking
your
skills,
your
blessings
done
and
translating
those
taking
that
talent
that
god,
given
talent
and
developing
the
skill
set
to
help
others.
F
A
Thank
you
representative.
Without
objection,
we're
going
to
go
back
into
session
we're
back
into
session.
Thank
you,
ladies
for,
for
being
here
members.
We
are
going
to
roll
this
bill
to
the
heel
of
today's
calendar.
A
We
have
two:
we
have
two
amendments:
amendment
zero,
zero,
five,
six,
seven
five,
we
have
a
motion
in
a
second
question
has
been
called
any
objection,
seeing
none
we're
voting
to
adopt
zero,
zero,
five,
six,
seven
five
to
house
bill
39,
all
those
in
favor
say
aye.
Those
opposed
the
eyes
prevail.
You
adopt.
We
also
have
amendment
code005
217
motion
in
a
second
question's
been
called
on
the
amendment.
A
A
We
adopt
now
we'll
roll
both
of
these
amendments
into
one
without
objection
enrolled
into
one
now
we're
on
house
bill
39,
as
amended
question
has
been
called
any
objection.
Seeing
none
we're
now
voting
on
house
bill
39
as
amended
those
in
favor
say
aye.
Those
opposed,
no
the
eyes
prevail.
Congratulations!
You
move
on
the
full
criminal!
Thank.
G
You
chairman,
thank
you,
I'd
like
to
take
one
quick,
personal
privilege,
mr
miss
kimmel
here
here
to
watch
to
listen
to
jordan
testify
so
I'd
like
to
recognize
them
for
coming
today.
A
Thank
you,
and
I
would
like
to
say,
representative
freeman
that
that
you
have
been
working
this
bill
very
hard
over
the
last
well
for
for
a
good
while,
and
so
I
didn't
want
to
give
the
impression
that
we
were
speeding
through
something
that's
something.
We've
all
been
very
studious
over
over
the
past
several
months.
So
thank
you
for
your
work
on
that.
We
look
forward
to
seeing
you
full
criminal
we're
going
to
skip
ahead
now
to
item
number
45
item
number
45
on
the
calendar
house,
bill
802
by
representative
griffey.
D
Chairman
this
is
the
domestic
violence
support
survivor,
support
act.
I
do
not
wish
to
proceed
forward.
I
just
have
testimony
from
one
witness
who
drove
two
hours
to
be
here
today.
D
A
P
No
disrespect,
I
just
want
to
clarify
I'm
not
the
sister
of
a
victim,
that's
okay,
I
am
the
actual
victim.
He
is
naming
the
bill
after
amanda
mercer,
who
was
also
my
friend,
and
I
am
now
eventually
going
to
marry
into
her
family.
So
those
are
those
are
the
lines
here.
P
P
P
They
commit
attempted
murder
assault
with
a
deadly
weapon,
but
since
it
is
against
a
supposed
loved
one,
it
is
cast
under
the
umbrella
of
domestic
assault.
Therefore,
these
repeat:
offenders
are
allowed
to
bond
out
of
jail,
and
just
where
do
you
think
the
first
place
they
go?
Is
the
violence
escalates
and,
as
we
have
seen,
even
to
murder,
double
murder
and
suicide?
P
For
someone
who
has
only
even
witnessed
a
crime
by
a
violent
offender,
there
is
protection
options,
witness
protection
and
tracking
on
the
offender,
but
not
for
domestic
violence.
These
perpetrators
have
to
have
control.
The
victim
is
simply
an
object
to
possess
and
children
are
merely
a
tool
or
a
weapon
or
just
in
the
way
they
stop
at
nothing,
and
if
they
can't
have
you
no
one,
can
they
manipulate
abuse
and
terrorize
their
victims
to
where
you
cannot
even
function
because
of
the
fear
you
answer
for
any
inconvenience
they
may
encounter.
P
P
If
this
bill
is
passed,
it
is
finally
a
step
in
the
right
direction.
Law
enforcement
can
monitor
their
location,
see
where
they
frequent
and
even
prove
their
location
when
a
crime
occurs,
which
can
also
prevent
instances
like
where
my
friend
was
murdered.
Another
friend
beaten
unrecognizably
just
a
week
ago
and
in
my
own
differences
as
of
right
now,
I
personally
know
of
at
least
four
people
who
are
in
hiding
from
their
abusers,
either
now
or
in
the
very
recent
past.
P
A
D
A
We
will
I
I
do
want
to
say
this,
I'm
sorry,
due
to
time
constraints
and
to
our
previous
guests
that
we
have
on
that
other
legislation.
We
didn't
have
an
opportunity
to
proceed
forward,
but
I
I
did
want
to
say
again
thank
you
very
much
for
being
here
with
us
today
and
you're
welcome
back
at
any
time.
Thank
you.
Thank
you.
Okay,
with
that
objection,
we're
going
back
into
session
representative
griffey.
A
That
that's
not
going
to
be
a
need,
sir.
I'm
going
to
roll
it
to
the
hill
of
the
calendar
and
in
a
few
moments,
I'm
going
to
take
care
of
that.
Thank
you.
So
without
objection,
roll
to
the
hill
of
today's
calendar
members
all
bills
that
we're
not
taking
up
today
be
rolled
to
next
week's
calendar.
A
We
are
now
adjourned.
Thank
you
is
that
how
you
do
it.