►
Description
House - Criminal Justice Subcommittee - February 28, 2023
A
B
A
C
A
All
right
members,
if
you
will
Let's
Jump
Right
In
if
you'll
go
with
me
through
the
calendar,
we'll
take
care
of
a
few
things.
Item
number
one
house
bill
twin
10,
29.
A
D
Thank
you
Mr,
chairman
and
committee.
This
is
the
bill
that
I
had
before
you
that
I
rolled
on
the
basis
of
inputs
that
I
got
to
take
it
completely
out
of
the
code
and
then
I
got
emails.
After
that
that
indicated,
there
was
some
problems
with
that.
So
I'm
back
before
you
with
the
bill
as
it
was
originally
written
and
I'm
asking
for
your
vote
on
it.
D
D
The
majority
opinion
of
that
Court
basically
held
the
following.
The
Constitution
was
written
to
be
understand
by
the
ver
by
the
voters
and
its
words
and
phrases
were
to
be
used
in
their
normal,
ordinary,
as
as
distinguished
from
technical
meaning.
Normal
meanings
can
include
idiomatic
meanings,
but
excludes
secret
or
technical
meanings
that
would
not
have
been
known
to
the
ordinary
citizen
of
the
founding
generation.
D
I
also
quoted
for
you
in
the
email
I
sent
you
the
Tennessee
Constitution,
which
basically
I'll
quote
again,
for
the
sake
of
the
record,
that
citizens
of
this
state
have
the
right
to
keep
and
bear
arms
for
the
common
defense.
D
D
D
A
A
E
Stroker
legislative
director
for
the
Department
of
Safety.
We
have
some
concerns
with
the
bill,
not
necessarily
because
of
the
intent.
I.
Think
the
intent
to
make
things
clear
is
is
a
valid
one.
However,
as
I've
explained
to
the
sponsor
of
the
bill,
and
some
people
in
this
committee,
this
definition
actually
is
is
going
to
do
a
more
harm
than
the
good
it's
actually
intended
to
do.
It
is
going
to
specifically
say
that
if
someone
does
not
have
the
intent
to
commit
a
crime,
then
they
are
not
carrying
with
the
intent
to
go
arms.
E
That
means,
if
we
stop
someone
who's
carrying
a
firearm
or
any
weapon
that
would
this
definition
would
allow
you
to
carry
any
weapon
anywhere.
As
long
as
you
don't
do
not
intend
to
commit
a
crime.
If
we
stop
them,
if
they
say,
hey,
I
have
no
intent
to
shoot
somebody
or
harass
somebody
or
assault
somebody
there's
nothing.
We
can
do
so.
E
That's
kind
of
where
again
we're
not
the
intent
is
valid
of
what
the
sponsor
is
wanting
to
do,
but
how
it
is
being
executed
here
actually
does
a
lot
more
harm
for
anyone
who
wants
to
carry
lawfully
and
anyone
who
wants
to
be
safe
wherever
they
make
may
be
going
when
someone
is
carrying
any
type
of
weapon.
So
our
request
was
that
either
it
be
amended
and
we
tried
to
work
on
that
and
that
didn't
work
Additionally.
E
The
case
law
has
made
it
pretty
clear
that
intent
to
go
arm
is
well
understood
in
the
court
system
in
Tennessee.
It's
not
something
that
is
problematic
or
not
understood,
and
so
we
don't
see
a
need
to
fix
it,
especially
if
fixing
it
makes
it
to
where
it's
going
to
actually
make
people
be
able
to
carry,
who
legally
should
not
be
carrying
just
based
on
a
definition
that
is
drafted
badly.
So
I'll
leave
it
at
that
and
let
TBI
go
after
me.
F
Patrick
Powell
for
TBI
similar
concerns
to
the
Department
of
Safety.
Again,
it's
not
an
intent
issue.
In
fact,
we
we're
trying
to
work
with
with
chairman
Reagan
on
an
amendment
that
we
thought
could
could
resolve
the
issue.
We
were
worried
about
inconsistencies
in
the
code,
both
from
our
solution
and
from
this
bill.
The
solution
we
thought
had
fewer
inconsistencies.
This
one
would
allow
again,
as
she
stated
unless
you
have
the
intent
to
commit
a
arguably
a
felony
you're
not
going
to
be
prohibited.
F
The
problem
is
several
statutes,
have
prohibitions
based
on
the
way
they've
been
written
in
the
past,
so,
for
instance,
convicted
stalkers
are
prevented
from
carrying
right
now
or
in
with
an
intent
to
go
armed,
so
deletion
of
that
requirement
or
I
guess
the
addition
that
it
would
have
to
be
to
commit
a
felony,
a
convicted
stalker
be
able
to
carry
all
the
time
unless
we
could
somehow
prove
that
they
were
going
to
commit
a
crime
somewhere
for
a
DUI
second
or
more
I.
Believe
individuals
currently
are
prohibited.
F
That
would
change
based
on
the
way
the
statutes
are
drafted.
So
it's
the
unintended
consequences
of
the
drafting
that
give
us
concerns.
I,
think
it
causes
more
confusion
and
again
we're
unaware
of
any
I
guess
confusion
on
the
current
language
surrounding
intent
to
go
armed.
So
this
is
a
solution
in
search
of
a
problem.
Thank
you.
G
Good
afternoon
Jimmy
music
I
represent
the
Tennessee
Sheriff's
Association,
the
Tennessee
Association
of
chiefs
of
police,
both
of
those
associations
of
local
law
enforcement.
Tennessee
had
a
lot
of
the
same
issues
and
concerns
that
that
you
heard
from
the
Department
of
Safety
and
and
TBI.
You
know,
especially
in
some
of
these,
like
the
intent
to
go
arm.
G
Verbiage
is
in
in
the
school
setting,
so
it's
it's
it's
illegal
and
it's
an
offense
to
to
carry
in
a
school
with
the
intent
to
go
armed,
and
so
you
know,
if
you
take
that
for
on
its
face
value
with
this
definition,
is
our
question
was
well?
Could
you
carry
in
a
K-12
school
or
not
because
you're
stuck
back
to
trying
to
figure
out
where
that
person
is
has
premeditated
to
commit
an
Infamous
crime?
G
So
I
think
the
argument
would
be
that
you
probably
could
which
I
don't
know.
If
that's
the
intention
or
not
doesn't
sound
like
it,
I
think
it's
a
and
we
think
it's
a
noble
intention
to
try
to
accomplish,
but
I'm,
not
sure
that
that
this
actually
is
is
making
it
better
for
because
that
term
is
used
in.
So
many
different
code
sections.
H
Thank
you,
I
I,
actually
like
the
bill
and
I
I
like
the
the
intent
of
trying
to
straighten
it
out.
We
have.
We
have
folks
who
who
believe
that
we
are
not
a
true
constitutional,
carry
state
and,
and
they
have
real
issues
with
it.
Why
can't
these
two
things
go
hand
in
hand?
H
Why
can't
the
bill
stand
that
you
have
a
constitutional
right
by
the
Second
Amendment
to
carry
so
the
offense
is
not
carrying
the
offense,
then
would
be
if
you
intend
to
commit
crime
and
I,
understand
what
you're
saying,
but
then,
why
would
not
the
it's
already
illegal
on
the
books
to
carry
a
handgun
if
you
have
been
convicted
of
aggravated
domestic
violence?
Why
can't
those
two
work
together?
In
other
words,
chairman
Reagan's
Bill,
stands
unless
you
fall
into
this
category
of
this
this
this
this
and
this,
and
then
you
can't.
F
So
I
Patrick
with
TB
again
I
think
that
the
concept
you
can
the
problem
is
in
the
execution.
The
verbiage
of
different
statutes
is
different
depending
on
the
prohibition.
There
are
some
there
are
times
where
possession
of
a
firearm
is
prohibited.
There
are
other
times
where
going
armed
is
prohibited,
so
situations
like
we've
brought
up
where,
whether
it
be
some
of
the
school
language,
whether
it
be
Parks,
whether
it
be
a
mental
defective,
whether
it
be
someone
committed
a
stalking.
F
There
are
different
portions
of
the
code
that
have
been
tied
to
the
intent
to
go
armed.
So
again,
the
concept
is
a
different
different
animal
altogether.
It's
the
execution
in
the
language
that
we
have
to
go
by
what
the
language
says,
not
the
concept
so
again
with
the
language
being
what
it
is
we
have.
We
have
issues.
I
Thank
you,
Mr
chairman
yeah,
and
we
do
know
from
from
the
Heller
Decision
that
there
are
protections
that
are
allowed
when
it
comes
to
the
Second
Amendment
and
that
has
been
established
by
the
Supreme
Court.
But
I'm
I
really
appreciate
your
testimony,
because,
on
my
reading
of
this
it
was
you
know.
I
I
I
see
the
intent
to
make
the
definition
for
for
that
for
in
intent
to
go
armed,
but
what
I
was
seeing
was
that
you
know
only
an
Infamous
crime,
but
what
about
a
regular
crime
and
and
just
the
the
problems
with
the
language?
Are
you
know
the
reason?
I
can't
support
this
legislation,
because
I
think
it
leaves
too
much
to
chance
and
I
think
that
it?
It
might
cause
a
lot
of
problems.
So
thank
you
for
verifying
what
I
was
thinking.
A
J
J
J
Passage
of
this
bill
means
that
someone
as
young
as
18
can
carry
a
load
of
gun
anywhere.
They
like,
sadly,
research,
shows
that
people
in
this
group
are
three
times
more
likely
to
commit
gum.
Hot
gun,
homicides
than
people
21
and
over
we've
already
seen
a
dramatic
increase
in
gun
violence
in
this
state,
and
this
bill
will
make
things
worse.
Imagine
a
sheriff
or
a
police
officer
in
this
world
where
gun
carries
normalize
and
you
are
powerless
to
do
anything
until
it
is
too
late.
J
How
can
they
tell
the
difference
between
someone
who
has
just
forgotten
to
secure
their
gun
in
a
car,
but
has
no
plan
to
hurt
someone
and
someone
who
is
at
the
playground
to
shoot
his
kids
because
he's
angry
at
his
ex-wife
until
shots
are
fired
both
would
be
legally
caring
and
law.
Enforcement's
hands
are
tied
until
the
shooting
starts.
Who
are
the
winners
in
this
world?
That
would
be
the
money
people.
The
the
gun
lobby
puts
the
industry's
bottom
line
above
the
safety
of
American
communities.
J
Instead
of
standing
up
to
the
industry,
it
seems
that
Tennessee
lawmakers
are
bowing
to
it,
trying
to
score
political
points,
and
the
constituents
and
residents
of
Tennessee
are
the
ones
who
are
left
dealing
with
trauma
and
grief.
We
are
the
losers.
We
are
the
losers
in
this
equation,
dying
in
shootings
or
surviving
for
years
with
shattered
minds
and
bodies,
kids,
shot
and
drive-bys,
or
finding
an
unsecured
gun
laying
around
and
unintentionally
firing
it
kids,
who
use
their
parents
guns
to
end
their
lives.
J
A
K
Foreign,
thank
you
so
much
Mr
chairman,
just
a
quick
question:
I
live
in
West
Tennessee
and
in
Memphis
we
have
a
crime
epidemic
already
this
year.
I
think
we're
what
not
even
into
the
second
done
with
the
second
month,
and
there
have
already
been
I
think
over
a
thousand
Vehicles
broken
into
for
guns
being
stolen.
Those
guns
are
then
going
into
the
hands
of
Bad
actors,
people
a
lot
of
times
that
have
no
record
whatsoever,
so
they're
perfectly
legal
to
carry
those
guns
until
they
shoot
someone.
K
J
J
L
L
L
Emotional,
psychological,
social
deficiencies
that
came
out
of
the
pandemic,
our
children
on
every
age
level,
didn't
have
a
chance
to
have
that
emotional
development
that
psychological
development
social
interactions
to
where
they
could
become
for
lack
of
a
better
term
normal.
L
J
I
see
we
can
see
a
rise
in
suicides
during
covet
and
and
afterwards
as
well,
and
that
group
significantly
and
actually
50
percent
of
gun
deaths
are
suicides.
So,
if
we're,
if
we're
giving
18
year
olds,
the
ability
without
the
responsibility
by
the
way
the
ability
to
carry
in
public
and
they
feel
less
than
or
they
are
having
a
mental
crisis
and
they
are
using
that
gun
to
prove
a
point
to
respond
to
bullying
whatever
it
is.
I
I
think
they're
very
correlated
absolutely.
A
So,
let's,
if
we
can,
let's
focus
our
comments
and
questions
on
the
actual
language
of
of
the
bill.
Mr.
A
L
Mr
chairman,
then
I
need
to
go
to
Legal
at
some
point
find
out
whether
those
on
the
25
and
that's
what
I'm
referencing
now
those
under
25
those
who
don't
have
the
full
brain
development
to
control
impulsive
behavior.
So
unless
this
bill
did
address
age
and
Exempted,
everyone
25
and
under
then,
that's
where
my
concern
is.
L
M
M
M
It's
my
understanding
that
you
just
have
to
be
18
to
purchase
a
long
gun,
that's
current
law
and
that's
also
consistent
with
federal
law.
M
L
All
right,
Mr,
chairman
I'm,
ready
to
go
back
to
our
witness
okay
proceed.
Ma'am.
Having
heard
that
explanation,
my
mindset
is
still
the
same.
How
does
it
impact
your
mindset
and
how
this
bill
will
enable
Young,
Folks
and
others?
It's
not
just
young
people
who
cannot
control
their
impulses.
It's
not
just
young
people
who
lack
that
discipline
who
are
irresponsible
but
may
otherwise
be
qualified
to
carry
a
weapon.
How
does
it
that
explanation
impact
your
thinking.
J
Well,
when
we
talk
about
with
the
intent
to
commit
a
crime,
I
think
we're
still
talking
about
the
fact
that
we
are
giving
our
law
enforcement
just
an
enormous
task,
to
figure
out
whether
people
have
an
intent
to
carry
out
a
crime
and
that's
why
they're
carrying
their
guns
or
if
they
are
there
just
carrying
their
guns.
I
think
that
I
do
know
that
there
is
a
bill
to
lower
the
age
to
18
as
a
constitutional
right.
I
think
we
have
to
remember
that
even
Scalia.
H
You
Mr
chairman
I,
disagree
with
a
whole
lot
of
what
you
said:
I
I'm
glad
you're
here
and
I
appreciate
the
fact
you
are.
You
have
some
folks
in
your
organization
up
in
my
district
and
I've
met
with
them
and
they're
very
reasonable
people
and
good
folks
and
come
and
they're
very
passionate
about
what
they
do.
I
I
think
one
of
the
things
that
you're
overlooking
is
the
the
Chairman's
bill
is,
is
defining
what
it
means
to
go.
Armed
we've
wrestled
with
that
for
a
long
time.
H
36
years
in
the
police
department,
I
was,
and,
of
course,
there
were
loopholes
in
all
of
that,
because
it
depends
on
the
answer.
If
I
stopped
a
car
in
the
middle
of
the
night
and
I
see
the
butt
of
a
gun
sticking
out
from
under
the
seat
and
I
say
well
you're
carrying
a
gun,
if
he
says
to
me,
I'm
taking
it
down
here
to
a
guy
to
show
it
to
me,
I
think
he's
going
to
buy
it
or
I'm,
taking
it
to
my
brother-in-law
to
keep
it
for
me
because
I'm
going
on
vacation.
H
H
You
have
a
right
by
the
Second
Amendment
and
the
reason
it's
there
is
it's
because
it's
for
lawful
people,
lawful
people,
have
a
right
to
protect
themselves.
I
was
never
afraid
of
lawful
people
carrying
a
lot
of
guns.
It's
Lawless
people
that
are
the
problem.
So
if
you
take
a
17
year
old
Memphis
who
broke
into
a
car
and
stole
a
gun
he's
a
lawless
person,
which
means
he
will
not
abide
by
any
law.
Lawful
people
abide
by
the
law.
So
in
that
regard,
I
think
that's.
H
L
You
Mr
chairman
I'll,
be
brief,
but
this
isn't
a
deal
about
Memphis
and
I
hope
not
and
they're.
Unlawful
actions
involving
Firearms
I
know,
chairman
Hulsey,
didn't
mean
anything
by
it,
but
I
want
to
make
sure
that
the
rest
of
my
colleagues
and
those
who
are
listening
over
the
Internet
that
Memphis
has
not
held
out
as
wild
wild
west
of
Tennessee
every
time
I
go
on
the
internet,
Mr
chairman
I
can
look
at
East,
Tennessee
I
can
look
at
Knoxville,
Chattanooga
and
Tri-Cities.
L
I
can
look
at
Middle
Tennessee
with
Davidson,
County
and
and
Nashville
and
I
will
see.
A
shooting
I
will
see
an
act
of
violence
every
day
that
I
read
the
news
reports.
So
I
would
ask
that
my
colleagues
not
single
out
in
Memphis.
We
don't
do
anything
differently
in
terms
of
how
we
live
and
raise
our
children
than
you
do.
The
problem
is
that
we
have
too
many
gun
laws
that
are
coming
too
fast.
L
Law
enforcement
cannot
get
their
arms
around
it
in
terms
of
how
to
protect
themselves
and
thus
protect
the
public,
so
Mr
chairman
I,
just
had
to
get
that
out.
Thank
you.
Thank.
A
A
N
N
N
Later
Lambert
famous
chairman,
hey
here's
my
question.
If
we
were
to
change
this
as
drafted
I
know,
there
are
lots
of
folks
that,
within
the
code
are
prohibited
from
carrying
a
firearm,
they
are
prohibited
from.
You
know
possessing
a
firearm
with
the
intent
to
go
arm.
They
they
cannot
possess
it,
those
that
are
illegal
immigrants,
those
that
have
been
involuntarily
committed
to
mental
institution,
those
that
are
under
18.
I
mean
they're
they're,
a
wide
variety
of
individuals
that
have
lost
their
right
to
bear
arms.
M
M
Persons
who
are
illegal
immigrants
and
also
the
phrase
intent
to
go
armed
is
found
in
1309
B1,
which
makes
it
an
offense
for
a
person
to
carry
possess
or
carry
whether
openly
or
concealed,
with
the
intent
to
go
armed
any
firearm
on
the
property
of
a
school.
That's
a
Class,
E
felony.
If
this
bill
passes
as
written,
that
would
be
a
Class
E
felony
only
if
it
could
be
proven
that
the
person
was
caring
with
the
intent
to
premeditation
and
forethought
to
commit
a
felony.
M
M
However,
subsection
e
of
that
statute
also
list
a
group
of
persons
that
the
offense
in
B
does
not
apply
to.
That
would
be
civil
officers.
Officers
of
the
militia,
persons
in
the
military
persons
who
possess
a
handgun
carry
permit
and
a
whole
list
of
people,
so
those
people
would
could
carry
a
fire,
a
loaded
firearm
on
school
property,
even
with
the
intent
to
commit
a
felony
and
would
not
be
committing
an
offense
because
they're
listed
as
it
doesn't
say,
exception.
M
But
it
says
the
offense
and
B
does
not
apply
to
them
same
thing
under
39
17,
13
11
in
public
parks,
where
it
says
it
is
an
offense
to
possess
or
carry
with
the
intent
to
go
armed.
That
would
no
longer
be
an
offense
unless
it
could
be
shown
that
the
person
was
carrying
with
the
premeditation
and
forethought
to
commit
a
felony
and
also
under
subsection
B.
M
It
says
that
the
offense
in
a
does
not
apply
to
the
following
persons:
civil
officers,
soldiers
in
the
militia,
persons
employed
in
the
military
law
enforcement,
private
police,
Reserve
officers,
persons
possessing
a
handgun
carry
permit.
So
if
it
doesn't
apply,
then
they
would
not
be
committing
an
offense
if
they
were
caring,
even
with
the
premeditation
and
forethought
to
commit
a
felony.
K
Thank
you,
Mr
chairman.
Thank
you.
Michelle
just
carry
us.
Does
this
change
if
you're
consuming
alcohol
or
drugs?
Is
there
any
section
of
the
code
that
says
this
intent
to
go
armed
in
reference
to
drinking,
or
you
know
such
things
such
as
that.
M
L
Thank
you,
chairman
I,
want
to
make
sure
that
I'm
I'm
clear
there
from
what
you're
stating
there
is
a
couple
of
classes
of
individuals
who
currently.
L
All
right,
thank
you
and
Mr
chairman
just
want
to
take
a
little
Personal
Privilege,
two
of
the
best
County
Commissioners
in
the
world.
Charlie
Caswell
and
Brittany
Thornton
out
of
Memphis
Shelby
County
Brittany,
for
instance,
is
my
personal
accounting
commissioner
and
Charlie
Caswell
is
my
spiritual,
County
Commissioner,
but
Mr
chairman
I
just
want
to
make
sure
we
recognize
him
well.
A
N
N
It
sounds
just
to
me
that
there's
probably
a
little
more
work
here,
just
to
be
done
on
drafting.
How
would
you
like
to
proceed
because
I'm
definitely
concerned
on
just
kind
of
what
I
heard
today
as
far
as
just
the
drafting
of
it.
D
Oh,
thank
you
Mr
chairman
and
before
I
address
your
question.
Let
me
clarify
a
few
things
that
were
put
forward:
convicted
felons
are
still
prohibited
from
carrying
firearms,
which
is
not
going
to
change
under
this
law.
Non-Felonious
stalkers
are
also
prohibited
under
the
federal
code
that
legal
cited
that
was
USC,
922,
G
schools
and
other
property
is
not
affected.
Property
rights
are
not
changed
by
this
law.
D
D
D
So
in
the
spirit
of
willingness,
I
am
certainly
willing
to
accept
additional
changes
to
eliminate
the
conflict
that
is
currently
in
existence
between
our
state
constitution,
where
we
have
a
phrase
that
is
undefined.
That
puts
us
in
conflict
with
the
Second
Amendment
and
by
the
way
the
14th
amendment
makes
that
applicable
to
us.
D
O
A
Questions
been
called
any
objections,
seeing
no
we're
now
voting
to
adopt
Amendment
code
or
add
amendment
code,
4137
on
a
house
joint
resolution,
94
those
in
favor
say
aye,
those
opposed
the
Eisen
Bill.
We
adopt
we're
now
on
house
joint
resolution
94.
as
amended.
You
recognize
thank.
O
You
Mr
chairman
and
thank
you
committee,
I'm,
really
glad
to
be
in
front
of
you
today
talking
about
Marcy's
law.
The
conversation
has
been
going
on
for
a
while,
as
we
all
know,
but
I
feel
that
we're
in
a
great
place
and
I
want
to
thank
everybody.
Who's
had
involvement
in
getting
us
there
and
I'll
speak
more
specifically
about
this
in
a
minute,
but
Marcy's
law.
For
those
of
you
who
not
have
been
involved
in
the
conversation
before
or
who
have
forgotten.
O
What
does
that
mean?
It
means
they
will
have
notice,
though.
If
there's
their
crime
is
going
to
be
dealt
with
in
any
part
of
the
judicial
system.
They'll
know
that
that's
taking
place
and
they
can
choose
to
be
present.
They
will
be
able
to
be
present.
They
will
be
able
to
be
heard
if
they
choose
to.
If
they
request
to
do
so
and,
most
importantly,
their
voice
will
be
recognized
by
the
court.
O
No
rapist,
no
criminals
should
have
more
rights
than
the
victim,
and
Marcy's
law
simply
will
ensure
that
that
wouldn't
happen.
It
will
expand
the
protection
of
victims
and
juvenile
crimes
as
well.
If
you've
been
violently
attacked,
you
don't
really
care
if
the
person
is
21
or
14
or
16
or
the
age
does
not
matter.
O
So
you
want
to
know
if
that
attacker
is
being
released.
Whatever
their
age
group
Marcy's
law
will
strengthen
Tennessee's
constitutional
protection
for
Crime
Victims
and
there
I
know
there
are
people
who
said.
Why
do
we
need
this?
We
already
have
a
Crime
Victims
Bill
of
Rights
in
the
Tennessee
Constitution,
but
currently,
victims
have
found
the
rights
in
the
Tennessee
state
constitution
to
be
unenforceable.
Existing
Tennessee
law
fails
to
provide
victims
of
crime
with
the
legal
standing
to
seek
redress
in
a
court
of
law.
This
will
just
change
that
Dynamic.
It
will
again.
O
Tennessee's
re
recognized
the
importance
of
having
the
rights
of
Crime
Victims
protected.
I
think
for
those
of
you
who
believe
in
polls
it
pulls
really
well.
People
are
really
think
that
that's
an
important
thing
to
do
as
I
think
we
all
do
here
in
this
legislative
body
and
I
want
to
give
a
shout
out
to
the
chiefs
of
police
and
to
the
Tennessee
sheriffs
who
voted
to
endorse
this
legislation.
I
appreciate
them,
I
appreciate
the
work
that's
been
done
to
get
to
where
we
are
now.
As
I
said.
I
You
know
I'd
like
to
know
what
that
person
looks
like
now,
so
just
to
be
aware,
and
so
I
just
appreciate
this,
because
I
think
it's
important
that
that
victims
do
get
that
notice
and
and
that
to
feel
a
little
bit
of
safety,
at
least
when
this
comes
down
the
pike,
as
it
will.
O
I
think,
fortunately,
most
of
us
have
never
been
involved
in
the
legal
system,
if
so
only
peripherally
with
our
speeding
ticket
or
some
other
situation
like
that.
So
no
one
really
knows
what
to
expect
if
they
become
a
crime.
Victim
and
Marcy's
law
just
makes
sure
that
we
walk
alongside
the
victim.
Just
like
we
have
people
who
are
walking
alongside
those
who
are
accused
to
make
sure
that
they
are
can
be
a
part
of
the
process
and
at
most
be
aware
of
the
process
and
what's
going
on
with
their
accused.
I
Yeah,
absolutely
we
me
and
the
other
person
who
we
showed
up
at
Court.
Every
time
you
know
had
to
take
a
day
off
work
to
show
up
at
court.
You
know
there
was
no
way.
I
was
gonna
to
let
that
go
and
they
did
a
great
job
of
taking
us
in
advance
and
letting
us
know
what
our
rights
were
and
what
they
could
do.
I
And
but
there
was
just
no
follow-through,
unfortunately
on
that,
and
so
it
was
it's
a
little
bit
unnerving
knowing
that
that
person
is
out
there,
and
so
this
is
incredibly
helpful
and
I
appreciate
it,
and
I
certainly
believe
that
a
the
the
perpetrator
of
a
crime
should
have
no
more
rights
than
than
the
victim.
K
Thank
you,
Mr
chairman,
thank
you,
representative.
Hazelwood
I,
really
appreciate
it.
K
I
think
I
talk
a
lot
about
the
criminal
actors
and
some
of
the
problems
that
we
have
going
on
in
the
state,
and
you
know
I
try
to
address
that
in
a
various
amount
of
ways,
but
I
think
the
victims
of
the
crime,
a
lot
of
times
aren't
represented
and
taking
this
next
step,
I
think,
is
extremely
important
and
fair
and
I
just
wanted
to
commend
you
I
know
this
has
been
a
long
process
and
getting
the
support
of
some
of
the
people
that
you
already
named
I
think
is,
is
also
crucial,
but
I
just
want
to
thank
you
for
looking
after
the
people
that
sometimes
have
no
voice
and
and
a
lot
of
times
they
don't
have
a
voice.
L
As
you
know,
I'm
I'm
gung-ho
on
this
one
I
was
with
you
last
year
last
session
and
I'm
with
you
this
session,
you
were
specific
about
having
the
right
to
of
notice
of
the
release
of
the
the
the
offender
alleged
offender,
I,
guess
to
be
honest,
but
there
are
13
that
are
listed.
Can
you
just
give
a
brief
description
of
those
13.
O
O
Number
one
is
the
right
to
be
treated
with
fairness,
I
think
that
is
the
underlying
principle
of
Marcy's
law
to
make
sure
that
we
are
as
fair
to
the
victims
as
we
are.
Those
are
to
those
who
have
been
accused
or
convicted
of
crime.
The
ride
upon
request
to
have
a
reasonable
notice
of
public
criminal
proceedings,
including
juvenile
delinquency,
ones
that
are
public
the
right
to
be
present
at
those
criminal
proceedings.
O
That
can
be
considered
when
they're
making
their
decision-
and
this
is
an
important
one
as
well
the
right
to
be
free
from
harassment,
intimidation
and
abuse
through
the
Criminal
Justice
System,
including
reasonable
protection,
so
that
the
victim
doesn't
become
a
victim
again
from
people
who
are
harassing
them
about
not
testifying
the
right.
Upon
request
to
reasonable
notice
of
any
release
to
the
other
Representatives
point:
it's
important
for
you
to
know.
O
If
that
person
is
going
to
be
back
out
on
the
street
again,
so
that
you
can
be
a
little
bit
more
careful
the
right
to
full
And
Timely
restitution
from
the
offender
recognizing
that
that
may
be
extremely
difficult.
If
the
offender
is
sentenced
to
a
long
jail
term,
it's
restitution
might
be
difficult,
but
you
have
that
right.
The
right
to
be
informed
of
the
minimum
sentence.
The
offender
will
serve
in
custody
in
the
schedule.
O
Release
date,
the
right
to
have
the
safety
of
the
victim
and
the
victims
family
in
the
general
public,
considered
before
any
parole
or
other
post-judgment
release
the
right
upon
request
to
confer
with
the
prosecution
to
have
your
two
cents
heard
and
the
right
to
be
fully
informed
of
All
rights
afforded
to
the
Crime
Victims,
so
that
everybody
is
clear
about
the
rights
on
both
sides
of
this
equation.
I
hope
that
answers
your
question.
L
A
Sir,
thank
you
representative,
Moody.
P
Thank
you,
Mr
chairman
and
chair
lady
Hazelwood
I,
congratulate
you
and
your
tenacity
through
this
process.
I
remember
last
term
that
last
session,
the
the
effort
that
was
put
forward
and
whether
it's
as
the
testimony
here
of
of
actual
victim
of
a
violent
crime
or
someone
that
we
all
know
back
home
that
has
been
through
that
process.
P
Thank
you
and
I'm,
proud
to
stand
with
you
again
and
see
this
through.
So
thank
you
for
bringing
it
back
and.
A
Q
Thank
you,
Mr
chairman
and
committee
I
have
brought
to
you
all
what
I
call
a
new
deal
of
bills.
So
thank
you.
Mr
chairman
committee
committee
members,
the
bill
before
you
today
deals
with
the
decriminalization
of
marijuana.
This
the
bill
makes
moves
to
make
personal
position
of
one
ounce
or
less
of
marijuana
is
simply
a
civil
penalty
on
par
with
simple
traffic
violations.
Q
So
in
the
United
States
60
000
people
are
behind
bars
for
marijuana,
offenses
they're,
the
cost
to
taxpayers
of
1.2
billion
dollars
a
year,
taxpayers
annually
spend
between
7.5
and
10
billion
dollars
a
year
arresting
prosecuting
individuals
for
marijuana
violations.
Almost
90
percent
of
those
are
marijuana
only
here
in
Tennessee.
It
will
save
to
stay
15
million
dollars
in
prosecutions
incarceration
and
court
costs
annually.
Q
So
that's
every
year.
This
money
could
be
used
to
redirect
to
law
enforcement
for
better
technology,
for
better
training
to
combat
our
more
dangerous
crimes,
and
this
could
free
up
our
existing
police
resources
to
deal
with
more
serious
crimes.
As
stated
earlier,
the
journal
Public
Health
reports
that
citizens
who
live
in
in
States
under
decriminalizations
do
not
consume
marijuana
at
a
higher
rate
than
those
that
live
in
regions
that
were
that
possesses
of
criminal
offense
for
marijuana.
Q
Of
course,
there
are
disparity
studies
that
show
that
individuals
of
color
are
arrested
at
more
than
three
times
the
rate
of
of
others,
even
though
the
consumption
rate
is
about
the
same.
Q
So
it
also
puts
our
state
in
a
position
where
we
need
to
regulate,
and
it
also
puts
our
law
enforcement
in
a
position
where
27
of
our
property
crimes
are
are
solved,
while
35
of
our
rape,
kids
are
actually
solved
so
and
Poland
shows
that
70
of
tennesseans
do
want
some
kind
of
decriminalization.
Q
So
this
could
free
the
hands
up
of
our
law
enforcement
and
save
our
taxpayers
millions
of
dollars.
Now,
seeing
the
posture
of
this
legislation
in
the
Senate
I
am
going
to
take
this
bill
off
notice.
So
we
can
have
more
robust
conversations
about
this,
and
I
also
asked
that
when
we
bring
it
up
again
that
we
that
we
get
you
all
to
sign
on
to
it
as
well.
A
All
right,
thank
you
for
that.
I
made
a
mistake
earlier:
it's
actually
House
Bill,
309,
309
I,
think
I
called
it
something
different,
but
without
objection,
309
is
off
notice.
N
Famous
chair
members
of
the
committee,
I
didn't
begin
this
year
intending
to
clean
up
a
lot
of
expungement
issues,
but
this
is
another
one
of
those
that
came
up
because
of
a
case
that
out
of
McNairy
County,
if
I
remember
correctly
from
last
year
where,
if
the
TBI
receives
an
expungement
order
from
a
judge,
whether
it's
legal
or
illegal,
whether
it
matches
the
statute,
we've
passed
or
not,
they
are
required
to
process
it
and
nobody's
checking
with
the
TBI
to
see
whether
or
not
these
individuals
are
actually
eligible
for
an
expungement.
N
A
Thank
you
for
that
explanation.
Any
questions
comments
for
the
sponsor
saying:
no
we're
now
voting
to
send
House
Bill
831
on
the
full
criminal,
all
those
in
favor
say:
aye
aye,
those
oppose
the
eyes
Prevail
and
move
on
to
full
criminal
famous
chair
members
of
the
committee
item
number
five
House
Bill
688
by
representative
Hardaway,
you're
recognized.
L
R
A
defendant's
sentence
may
be
expedited
if
the
jury
finds
that
the
offense
involved,
the
death
of
three
or
more
in
victims
whom
the
defendant
killed
using
one
or
more
deadly
weapons,
or
the
defendant
committed
the
offense
by
using
one
or
more
deadly
weapons
on
the
grounds
of
public
or
private,
elementary
secondary
or
post-secondary
school,
or
the
defendant
committed
the
offense
by
killing
a
first
responder
who
was
acting
in
the
course
of
the
First
Responders
employment.
At
the
time
of
the
fence
and
the
evidence
presented
at
the
trial
proving
the
defendant
skill
was
incontestable.
R
The
sentence
must
be
carried
out
within
30
business
days
of
the
conclusion
of
any
appeal
and
the
exhaustion
of
all
available
methods
of
post-conviction
relief
at
the
Tennessee
Department
of
Corrections
is
unable
to
carry
out
the
sentence
of
death
by
lethal
injection.
The
electric
chair
shall
be
used.
Mr,
chairman
I,
renew
my
motion.
Thank.
I
Thank
you
Mr
chair.
So
did
you
say
that
if
there
can
be
more
appeals
that
you're
not
allowing
like
one
appeal,
but
there
can
be
multiple
Appeals.
I
R
I
R
And
three.
I
R
I
And
and
I
do
you
know
I
under
I
certainly
understand
that,
but
I
just
don't
see
the
impetus
for
making
you
know
making
it
that
quick
and
and
resorting
to
something
that
I'm
not
really
sure
I
would
hope
that
this
state
this
country
doesn't
want
to
do
again,
just
just
for
expediency
and
as
long
as
that
person
is
off
the
streets
and
there's
no
chance
of
of
anything
different
I,
don't
see
what
waiting
might
do.
But
thank
you.
Thank
you.
H
You
chairman
I,
like
the
bill
I,
we
got
into
discussion
about
what
is
uncontestable.
H
A
H
M
The
term
is
not
defined
in
this
bill
in
order
for
a
person
to
be
for
jury
already
has
to
find
Beyond
Beyond
out
that
they're
guilty
of
the
offense,
so
I'm,
not
sure
where
incontestable
lies
within
that
it's
not
defined.
So
it
seems
like
the
jury
would
either
have
to
find,
since
the
jury's
already
found
that
the
defendant's
guilty
Beyond
a
reasonable
doubt
that
they
might
equate
that
to
mean
incontestable
it's
possible
or
they
could
hold
that
to
a
higher
standard.
M
R
Russell
can
I
comment
while
we're
out
of
session
absolutely
okay,
so
in
under
section
one
number,
two
a
it
talks
about
the
incontestable
evidence,
maybe
include,
but
not
limited
to
video
evidence
depicting
the
defendants
committing
the
offense
or
the
DNA
evidence
linking
the
defendant
to
the
offense.
So
it's
defined
in
the
bill.
A
Have
any
other
questions
for
legal?
If
not
we'll
go
back
into
session
and
chairman
Holzer,
you
recognized.
A
A
Members
I'm
going
to
put
myself
out
of
order
here.
I've
got
a
constituent
here
with
this
Mr
Jason
Shelton
from
Loretta
Telecom
down
there
in
my
district.
So
welcome
good
to
see
you
thanks
for
coming
up.
A
S
Are
recognized,
thank
you
Mr,
chair
and
committee.
Let
me
just
identify
a
problem
that
came
up.
Last
year
a
gunshot
victim
was
driven
to
the
hospital
in
my
district
in
a
personally
owned
vehicle
once
he
arrived,
the
actual
Shooters
drove
up
to
the
hospital
behind
him
and
began
shooting
on
the
hospital
premises.
Of
course,
this
situation
created
safety
concerns
for
the
hospital
staff
to
the
point
that
the
leadership
felt
it
was
important
to
ask
for
legislative
relief.
S
K
Thank
you,
Mr,
chairman
to
the
sponsor.
Thank
you.
So
much
was
this.
The
Methodist
North
situation,
okay,
yeah
so
completely
supported.
That
was
a
what
what
kind
of
happened
there
was.
The
entire
hospital
was
closed
for
a
little
bit
of
time
because
of
the
result
of
us,
which
I'm
sure
people
were
having
to
be
transferred
to
other
area
hospitals,
which
obviously
is
never
a
good
good
situation,
but
thank
you
for
bringing
us
and
I
appreciate
it.
Thank
you.
Thank
you.
A
Chairman
again,
any
other
questions,
this
is
I,
do
have
a
question.
This
is
not
just
an
enhancement
on
Health,
Care
work,
health
care
workers
or
staff.
This
is
any
any
person
who
is
on
the
grounds
of
yes,
a
hospital.
Yes,
sir,
very
good,
we
are
moving
in
the
right
direction
per
chairman,
Halsey,
any
other
questions.
Seeing
none
we're
going
to
vote
now
to
send
House
Bill
577
on
the
full
criminal,
all
those
in
favor
say
aye,
those
opposed
the
ice
Patel
you
move
on.
Thank.
T
Good
okay,
I
think
this
bill
creates
a
class
seed
misdemeanor
punishable
by
fund
only
for
the
first
time
a
foster
parent
from
a
kinship
placement
knowingly
allows
a
child
in
their
care
to
visit
with
the
child's
parent.
If
there
is
a
known
current
court
order
prohibiting
the
child's
parent
from
visiting
the
child
and
increases
the
violation
to
a
Class,
B
misdemeanor
for
every
subsequent
occurrence,
so
we're
seeing
that
there's
a
no
contact
in
there
in
a
kinship
home
and
then
the
parent
comes
in
and
is
with
the
child,
and
nothing
is
happening
so.
H
H
I
Thank
you
Mr
chairman,
so
I'm
curious.
Is
there
any
consequence,
as
far
as
from
DCS
or
whoever
their
custody
is
through
of
perhaps
losing
that
custody?
If,
if
they
do
this,
because
I've
heard
of
it
as
well
and
so
I
was
curious,
if
there
was
anything
on
the
DCS
side
of
it
that
they
might
lose
custody
based
on
allowing
parents
to
see
when
they're
not
supposed
to.
L
Thank
you,
Mr,
chairman
and
good
afternoon,
chair
lady
I.
Just
have
a
fundamental
disagreement
with
creating
criminal
act
in
what,
in,
in
my
mind,
should
be
a
civil
dispute.
L
So
I
I
can't
support
the
bill,
though
I
support
the
intentions.
I
just
see
it
as
a
as
violating
the
court
order
of
contempt
and
letting
the
judge
take
it
from
there,
but
I
do
applaud
your
intentions.
Thank
you.
Man.
P
Thank
you,
Mr
chairman.
It's
not
really
a
question
I
just
I!
Thank
you,
chair
lady
Littleton,
I
know
what
a
I
don't
know
what
How
Deeply
you
care
about.
This
issue
and
I
have
seen
the
books
you
bring
in
from
Foster
Care
review
and
on
and
on
it
goes.
P
You
know
a
lot
of
stuff
that
I,
don't
know
and
I'm
afraid
I
couldn't
handle
and
so
I.
Thank
you
for
bringing
this
bill
before
us
to
to
make
a
dent
in
some
things.
So
thank
you.
A
T
A
A
And
it's
unfortunate
thank
you
for
bringing
this
any
other
questions.
Seeing
now
we're
now
going
to
vote
to
send
House
Bill
752
on
the
full
criminal,
all
those
in
favor
say
aye
those
opposed
eyes
Prevail.
If
you
wish
to
be
recorded
as
a
no,
please
see
the
clerk
item
number
10,
House,
Bill,
554
by
representative
Littleton.
You
were
recognized,
there's
an
amendment
code
4522.
Do
you
wish
to
proceed
with
that?
Amendment
all
right?
T
Thank
you,
Mr
chairman.
This
requires
each
district
attorney's
General
to
designate
one
assistant,
District
Attorney
General,
currently
employed
with
the
judicial
district
as
to
lead
the
prosecutor
in
cases
involving
committed
crimes
against
children
and
I.
Don't
think
that's
what
the
amendment
says
that
when
they
have
someone
that
can
do
it
it's
permissive,
and
it
also
requires
some
training
to
be
at
the
conference
of
the
District
Attorney's
Conference,
provided
by
the
TBI.
A
A
A
H
H
Voluntary
manslaughter
is
a
class
C
felony
lots
of
times
you
get
to
a
voluntary
manslaughter
charge
when
somebody's
been
charged
with
first
or
second
degree,
murder
and
a
jury
can
reduce
it
down
to
voluntary
manslaughter.
But
it's
illegal
to
tell
a
jury.
What
the
sentence
is
so
a
Class
C
is
three
to
six
years
and
they
get
horrified
and
so
does
the
family.
When
somebody
kills
somebody
and
they
get
three
to
six
years
or
are
eligible
for
parole
before
they
get
through
the
court
system
and
and
found
guilty.
H
The
difference
is
if
an
aggravated
assault
is
a
class
C
felony.
If
I
pointed
a
gun
at
you
and
not
at
you
at
anybody
and
threatened
you
at
the
class
C
felony
aggravated
assault
under
voluntary
manslaughter.
If
provoked
and
I
don't
just
point
a
gun
at
you,
but
I
shoot
you
and
kill
you
and
I'm
charged,
then
with
the
voluntary
manslaughter,
it's
the
same,
classy
felony.
So
what
this
bill
does?
Is
it
it
bumps
voluntary
manslaughter
to
a
class
B
which
is
eight
to
twelve
years,
but.
A
H
A
All
right
any
questions,
questions
been
called
on
the
amendment,
any
objection,
seeing
none
now
voting
to
adopt
Amendment
code
4142
on
the
house
bill
722,
all
those
in
favor
say
aye
as
opposed
the
ice
Prevail
we
adopt
we're
on
House,
Bill
722
as
amended.
Any
questions
for
the
sponsor
questions
been
called
any
objection.
Cnn
we're
voting
to
send
House
Bill
722
as
amended
to
full
criminal
law.
Those
in
favor
say
aye.
Those
opposed
the
iceberg
bill.
You
move
on
to
full
Criminal
members.