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From YouTube: House - Criminal Justice Subcommittee - March 7, 2023
Description
House - Criminal Justice Subcommittee - March 7, 2023
A
B
A
A
A
A
A
A
D
You
Mr
chairman
this
bill
has
to
do
with
the
electronic
monitoring
and
monitoring
indigency
fund
and
just
to
give
some
background
for
the
committee,
the
emis
fund
was
originally
created
to
pay
for
cost
of
ignition
interlock
devices
for
Indigent
tennesseans
over
time.
The
scope
of
that
fund
was
expanded
to
include
non-ignition
interlock
devices
such
as
transdermal,
GPS
and
so
forth.
In
2019,
the
fund
was
bifurcated
so
that
there's
two
accounts
one
for
interlock
one
for
none
interlock
and
the
Assumption
was
that
the
interlock
charges
would
pay
for
the
other
devices
from
the
Surplus.
D
In
fact,
every
year
the
budget
has
had
to
include
additional
non-recurring
State
funding
to
supplement
the
funds
so
that
what
this
bill
is
attempting
to
do
is
to
make
that
fund
self-sustaining,
as
it
was
the
original
intent.
So
last
year
this
General
Assembly
passed
legislation
that
created
a
task
force
to
study
over
the
summer
and
make
recommendations
on
the
future
of
the
emif
and
the
bill
that
I
bring
to.
You
today
incorporates
those
recommendations
from
that
task
force.
D
So,
among
the
recommendations
were
amending
the
definition
of
indigency,
because
one
of
the
things
that
we
found
that
there
was
a
wide
variety
of
how
indigency
was
applied
across
the
state,
some
courts.
Basically
anybody
that
asks.
Evidently
they
got
a
check
mark.
Other
courts
did
a
more
thorough
review,
so
we
feel
like
there
are
people
who
are
getting
access
to
the
fund
is
Indigent
when
perhaps
they
really
aren't.
D
If
you
had
the
Monies
to
get
yourself
into
the
situation,
then
you
should
have
some
money
to
at
least
address
the
situation
and
a
nominal,
whether
that
be
a
nominal
amount
or
the
full
cost.
So
the
maximum
in
this
bill
would
be
thirty
dollars
that
an
Indigent
person
would
pay
per
month.
Again,
we
just
felt
like
the
folks
should
have
some
skin
in
the
game.
D
We
also
recommend
funding,
non-ignition
interlock
electronic
monitoring
devices
through
a
grant
program,
because
we
are
not
convinced
that
there's
going
to
be
a
surplus
from
this
program
to
cover
it,
as
was
originally
thought
and
planned,
so
that
would
be
set
up
and
handled
by
the
executive
branch.
So
the
amendment
that
we
just
put
on
the
bill
that
makes
the
bill
does
not
change
who's
required
to
get
one
of
the
devices.
D
It
doesn't
change
the
maximum
amount
of
two
hundred
dollars
that
could
be
required
required
to
pay,
but
it
does
require,
as
I
said,
the
thirty
dollar
minimum
payment
from
anyone
declared
Indigent,
and
it
sets
up
I,
said
every
series
of
guidelines
for
the
courts
to
consider
when
they're
determining
the
industry
Factor.
So
with
that
Mr
chairman
I,
would
stand
ready
for
questions.
Thank.
E
Madam
chairman
I
just
want
to
say
thank
you
for
working
on
this
issue.
This
has
been
out
there
for
years
and
there's
no
requirement
on
the
state
to
even
have
an
energy
fund.
I
mean
it
is
good
that
we
have
this.
It's
good
that
we
partner
with
our
locals.
These
are
folks
that
can
take
advantage
of
technology
that
would
otherwise
be
out
there
available
to
anybody
and
and
I
love.
E
What
you
said
I
mean
you
know:
if
you've
got
the
money
to
get
yourself
into
this
kind
of
trouble
and
be
charged
with
these
type
of
offenses,
then
a
minimal
minimal
fee
is
extremely
appropriate,
so
that
folks
have
a
little
skin
in
the
game
I.
This
has
been
a
long
time
coming,
and
so
just
thank
you
for
working
on
this
there's
many
many
large
issues
you
work
on,
obviously,
as
our
chairman
of
Finance,
by
the
way
chairman
dog,
it
didn't
go
unnoticed
that
you
pulled
the
chairman
of
Finance
up.
F
D
I
would
say,
as
chairman
of
Finance,
it's
cost
to
stay
a
couple
of
million
dollars
some
years
more
than
that,
and
only
in
state
government
would
leave
you
two
million
dollars
as
sort
of
inconsequential,
but
it
really
isn't.
Two
million
dollars
is
still
two
million
dollars
that
the
state
could
apply
somewhere
else.
So
thank
you
later.
G
D
G
D
The
fiscal
note
just
looks
at
this
bill
in
its
current
form,
which
would
be
the
thirty
dollars
per
person
and,
frankly,
representative
Hardaway
I,
would
think
it
would
be
worth
someone's
thirty
dollars
per
month
and
most
of
us
you
know
we
find
ways
to
pay
for
the
things
that
are
really
important
to
us.
So
I
I.
Don't
really
think
that
there's
anybody
in
the
state
who'd
be
in
this
position
that
couldn't
come
up
with
the
thirty
dollars
per
month
to
keep
the
device
and
to
keep
themselves
out
of
a
jail
situation.
Okay,.
B
D
Let
me
make
it
clear.
First
of
all,
the
issue
is
the
judge
is
going
to
have
the
latitude
at
the
end
of
the
day,
whether
to
declare
indigency
or
not,
but
I
think
it's
just
as
important
for
the
Dignity
of
a
person
to
be
able
to
contribute
for
anything
that
they
do
and
so
I
think
that
thirty
dollars
is
not
an
unreasonable
amount.
We
we
kicked
around
a
lot
of
different
ideas
about
the
number,
but
thirty
dollars
is
where
the
committee
came
down
on,
but
I'd
be
happy
to
have
offline
conversations
with
you
about
it.
A
A
A
H
H
H
So
that's
what
this
bill
fixes
we're
going
to
go
in
there
and
in
that
first
TCA
40,
25
129,
we're
removing
the
word
immediately
and
we're
changing
the
word
changing
the
word
may
to
shall
so
we
can
get
the
witnesses
expenses
paid
in
a
timely
manner
and
keep
our
court
system
running
proficiently.
That's
what
this
amendment
and
Bill
does
and
I'd
ask
for
your
support
great
to
answer
any
questions.
Thank.
A
You
does
the
amendment
make
the
bill.
Yes,
all
right.
Any
questions
on
the
amendment.
Seeing
no
we're
voting
to
add
amendment
code
4959
on
the
house
bill
1253,
all
those
in
favor
say
aye
those
opposed
the
ice
for
Bill
we're
on
1253
as
amended.
We
do
have
testimony
here.
So
without
objection.
We
will
go
out
of
session
to
hear
from
Mr
Jared
effler
district
attorney
general
for
the
eighth
Judicial
District.
A
I
Will
try
to
be
very
brief:
Mr
chairman
I'm
Jared
F4
I
have
the
privilege
of
serving
as
the
elected
district
attorney
for
Tennessee's
eighth
Judicial
District,
and
also
serve
as
the
victim
Services
chair
for
the
Tennessee
district
attorney
general's
conference.
Unfortunately,
there
are
numerous
outstanding
victim
expense
claims
across
our
state,
and
we
believe
this
legislation
will
improve
the
efficiency
and
effectiveness
at
which
these
claims
are
reimbursed
to
our
victims,
especially
those
victims
of
violent
crimes
and
domestic
violence.
I
We
have
been
working
closely
with
the
Tennessee
Department
of
Corrections.
They
are
in
support
of
this
legislation.
However,
it's
very
important
to
point
out
that
this
latest
legislation
does
not
hamper
the
Department
of
Corrections
ability
to
seek
reimbursement
for
the
expenses
that
they
expend
to
Witnesses
in
cases
where
the
defendant
is
not
Indigent.
So
I
want
to
be
very
clear
to
that
on
that
point,
that
was
a
concern
for
the
Department
of
Corrections
and
this
bill
does
not
hamper
their
ability
to
do
that.
Mr
chairman
I'll,
be
glad
to
entertain
any
questions
you
were.
G
I
For
lack
of
a
better
explanation,
that's
the
way
it's
always
been
since
I've
been
Prosecuting
Mr,
Hardaway,
that
they
understand
the
importance
of
seeking
reimbursement
for
our
Witnesses,
because,
quite
frankly,
some
of
our
Witnesses
are
placed
in
a
financial
burden
to
attend
court
and
our
Witnesses
and
victims.
When
they
attend
court,
they
should
not
be
faced
with
the
choice
of
whether
or
not
they
need
to
sleep
in
their
car
in
the
Justice
Center
parking
lot.
While
they
wait
to
appear
in
court
the
next
day
no
witness
or
victim
should
ever
be.
I
Absolutely
and
that's
where
we
work
closely
with
the
Department
of
Corrections.
We
try
to
get
those
requests
for
advancements
to
the
Department
of
Corrections
within
30
days
of
our
trial
date,
so
that
we
can
get
the
money
in
the
pocket
of
those
Witnesses
who
will
be
coming
to
court
and
they
will
not
have
to
suffer
a
financial
burden
to
help
the
state
of
Tennessee
prosecute
our
cases.
G
J
Mr
chairman,
thank
you
and
thank
you
for
the
bill
as
well
chairman
Crawford,
now
as
it
relates
to
those
that
meet
this
advancement
or
weak,
communicating
this
throughout.
So
people
will
know
that,
in
the
event
that
some
of
this
nature
happens
that
they
can
get
the
money
they
need,
so
they
come
in
and
help
us
complete
the
process
of
Prosecuting
people
and
violating
the
law
representative.
I
Towns,
that's
a
task
that
falls
primarily
Upon
Our
victim
witness
coordinators
across
our
great
state
who
I
believe
do
God's
work
each
and
every
day
to
make
sure
that
our
victims
need
get
what
they
need
to
come
to
court,
and
that
is
information
that
is
shared
with
them
and
then
our
victim
witness
coordinators
in
turn
file
those
claims
with
the
Department
of
Corrections,
then
that
money
is
funneled
back
into
the
pockets
of
those
victims,
so
they
can
get
to
court.
Okay,.
J
I
A
H
A
Thank
you
for
that
questions
been
called
any
objections,
saying
no
we're
voting
to
send
House
Bill
1253
as
amended
on
the
full
criminal.
All
those
in
favor
say
aye,
those
opposed
the
eyes
propelled
you
move
on
to
full
criminal.
Thank
you,
chairman
and
committee.
All
right.
Let's
work
our
way
back
to
item
number
four.
K
K
The
deception
was
a
dagger
to
the
entire
family
unit.
As
her
husband
Scott
had
been
a
loving
provider
to
the
child
for
over
12
years,
their
substance,
their
subsequent
paternity
fraud,
resulted
in
complete
relief
from
future
child
support,
but
it
also
meant
the
loss
of
a
child.
She
was
a
sister,
a
niece
and
cousin.
The
emotional
loss,
combined
with
the
financial
ramification,
was
extremely
stressful.
K
Paternity
fraud
is
a
real
issue
nationally.
The
issue
affects
parents
and
children
alike.
Paternity
fraud
is
a
violation
of
a
child's
right
to
know
his
or
her
her
own
identity
and
the
identity
of
his
or
her
father.
The
child
has
a
right
to
have
a
relationship
with
his
or
her
biological,
father
and
mother.
Additionally,
the
proper
identification
of
a
child
is
important
for
genetic
and
medical
reasons,
as
well
as
inheritance
and
medical
insurance
coverage.
K
House
Bill
253
creates
a
misdemeanor
for
anyone
who
intentionally
and
knowingly
seeks
to
establish
someone
as
the
biological
parent
of
a
child
when
they
knew
or
reasonably
knew
that
the
person
is
not
the
biological
parent
of
the
child.
It
creates
a
misdemeanor
for
persons
who
tries
to
be
tries
to
be
established
as
a
biological
parent,
but
reasonably
knows,
or
should
know
that
they
are
not
the
child's
biological
parent
and
with
that
Mr
chairman
and
committee
I'm
open
for
any
questions.
A
C
K
L
K
She
did
know.
Thank
you,
Mr
chair
do
I
need
to
look
at
you,
Mr
chair
or
just
go
ahead
and
answer
okay.
Thank
you.
I'm,
just
trying
to
be
respectful
of
the
committee
I
think
that
that's
something
that
that's
that's
worked
out
in
the
courts.
You
know
with
Witnesses
and
whatever
you
know,
I'm,
not
I'm,
not
an
attorney.
You
know
and
and
I
didn't
get
a
chance
to
sleep
at
the
Holiday
Inn
last
night
either,
and
so
you
know,
but
but
I
think
that's
something
to
be
worked
out
in
the
course.
K
G
Thank
you.
Chairman
I've
worked
on
issues
of
fraud
when
it
comes
to
paternity
since
before
I
got
here
with
representative
Catherine
Bowers
as
a
matter
of
fact
and
representative
John
D
bearing,
but
so
I'm,
certainly
sensitive
to
it,
but
I
have
an
aversion
to
having
criminal
charges
pending
against
a
parent
when
it's
involving
a
custody
issue
and
I.
G
Believe
that
that's
why
we
are
in
civil
court
on
on
these
matters
in
the
first
place
and
that,
as
long
as
we
have
the
ability
for
the
judge
to
make
these
the
leeway
to
make
decisions
on
how
to
address
these
situations,
that
we
should
leave
it
there.
So
I
I
have
a
problem
in
moving
from
that
position
to
Prosecuting
criminally
Prosecuting
a
mother
about
the
parentage
of
her
child.
K
Thank
you.
Thank
you,
Mr
chair
and
thank
you,
representative,
Hardaway
and
and
I
completely
understand
that,
but
I
also
understand
in
looking
at
and
looking
at
these
stories,
like
the
story
of
Lori
Delancey
is
Criminal
what
they
had
to
go
through.
It's
criminal
that
her
family
was
destroyed.
It's
criminal
that
so
much
money
was
taken
out
of
her
family's
household,
because
someone
decided
not
to
be
honest
and
truthful
on
the
front.
K
End,
that's
criminal,
it's
criminal
that
a
child
can
die
because
he
was
not
able
to
receive
the
medical
treatment
or
or
a
donation
of
a
a
long
that
he
may
have
needed
because
he
was
a
medical
match
with
his
actual
biological
father.
But
the
person
listed
on
his
as
his
biological
father
was
not
his
biological
father.
It's
criminal
that
a
child
whose
biological
father
passes
and
and
leads
an
inheritance
cannot
receive
that
inheritance
because
someone
was
not
honest
on
the
front
end.
K
What
this
bill
is
simply
trying
to
do
is
I
hope
that
no
one
gets
gets.
You
know
that
no
one
receives
a
misdemeanor
for
this,
but
I
do
certainly
hope
that
this
serves
as
a
psychological
deterrent
for
us
to
be
honest
on
the
front
end
so
that
families
aren't
destroyed
on
the
back
end,
and
so
that's
what
the
purpose
of
this
legislation
is
and
but
I
completely
understand.
You
know
your
point.
K
I
promise
I
do,
but
you
know
what
we
have
to
do
something,
because
in
the
position
that
we're
in
the
feds
incentivize
almost
anyone
signing
on
a
voluntary
acknowledgment
of
fraternity
and
it
it
allows,
for
you
know
in
some
cases
and
keep
in
mind
now
and
remember
two
things:
one
is
and
y'all
just
follow
my
ADHD
mind.
If
you
will
one
is
one
third
of
the
of
the
of
the
names
listed
on
birth
certificates.
K
Nationally,
one-third
of
them
are
not
the
actual
biological
fathers.
So
we
got
a
problem.
We
got
a
problem
right
and
there
are
no
ways
for
us
other
than
this
to
correct
this
problem
on
the
front
end,
because
we
can't
we
tried
running
legislation
to
ensure
that
DNA
tests
are
done
on
the
front
end,
but
the
feds
blocked
that
because
of
the
FED
policy,
so
I
don't
want
to
criminalize
anyone.
K
But
I
do
want
to
make
sure
that
that
these
children
have
a
right
to
their
biological
father
and
that
father
has
a
right
to
his
child,
because
the
way
we're
going
right
now,
that's
one-third
of
the
of
the
of
the
children
that
are
listed
on
birth
certificates.
Their
father
may
have
missed
an
opportunity
watching
their
children
grow
up
and
that's
unfair
to
their
father
and
the
only
person
that
knows
the
truth
is
the
mother.
G
Thank
you
for
that.
Some
of
that
I
agree
with
some
of
it.
I
don't
VAP.
For
instance,
there's
the
incentivization
that
that
comes
from
the
feds
is
more
in
line
with
identifying
the
the
paternity
and
putting
that
father
on
child
support.
That's
where
the
feds
are
more
focused
on
incentivizing,
the
paternity
issue
and
I
just
believe
that
when
it
comes
to
medical
and
inheritance
issues
that
there's
going
to
be
some
that
fall
through
the
crack
there
are
now
are
there.
G
Thinking
that
it's
because
of
the
child,
and
in
spite
of
the
fact
that
it's
a
it's
because
of
the
fraud
I
just
think
that
that
that
puts
things
in
a
perspective,
that's
damaging
to
the
psyche
of
the
child,
and
it's
certainly
stressful
on
the
relationships
that
have
been
formed
up
to
them
and
I,
know
all
the
arguments
and,
as
I
said,
I've
put
quite
a
few
of
them
forth,
but
I
just
can't
get
to
that.
This
is
Criminal
and
there
will
be
criminal
charges
brought
against
a
mother.
So
thank
you.
Thank
you.
M
K
N
Recognized
thank
you.
Chairman
members,
House
Bill,
1193
was
bought
brought
to
me
by
the
Jewish
Federation
of
Tennessee.
This
bill
would
increase
the
criminal
penalty
for
knowingly
or
recklessly
recklessly
desecrating
a
house
of
worship.
As
the
body
may
know,
we've
spent
several
hundreds
of
thousands
of
dollars,
helping
our
places
of
worship
with
dollars.
N
Helping
secure
them
over
the
past
several
years
and
what's
happened,
is
is
that
they
have
in
some
instances
caught
someone
who
was
getting
ready
to
vandalize
a
place
of
worship
and
then
because
they
didn't
do
it,
they
couldn't
charge
them
with
crime.
This
would
allow
someone
to
be
charged
with
a
crime
who
was
knowingly
do
that,
someone
who
was
called
on
the
premises
with
paint
cans
or
or
whatever
as
it
relates
to
that
and
so
I'm
happy
to
answer
any
of
the
questions
that
the
members
might
have.
A
N
N
This
person
chose
to
drive
intoxicated
across
my
community
in
the
process
of
doing
so
when
he
hit
the
fat
flat
family
head
on
this
expectant
mother,
whose
son
was
expected
to
be
born
by
C-section
and
Bandy.
Two
days
later
was
killed.
What
this
bill
would
do,
it
would
simply
say
much
like
other
laws
in
the
state
that
someone
who
knowingly,
who
provides
their
vehicle
to
someone
who
knowingly
is
intoxicated
or
inebriated,
that
that
person
themselves
would
be
charged
with
an
accessory.
N
N
This
bill
seeks
to
change
that
I'm
happy
to
answer
any
of
the
questions
that
you
might
have
I
will
say
as
a
matter
of
thanks
legal
counsel,
Ms
Fogerty
was
fantastic
over
the
summer
when
this
happened.
She
worked
with
me
regarding
this
tragedy,
and
so
this
was
a
solution
we
came
up.
Is
it
perfect
no
way
there
is
no
such
thing,
but
it
is
a
good
first
start.
I.
J
Mr
chairman,
thank
you
and
thanks
for
the
bill
as
well.
It's
horrifying
to
think
of
a
situation
like
that.
I
mean
I'm,
pretty
sure
it
happens
across
the
country
every
day.
Now
my
question
becomes:
is
that
what
happens?
If
you
got
a
kid
or
a
nephew
or
someone
in
the
family,
they
they
steal
a
car.
You
know
kids
steal
cars
from
their
parents
and
so
forth.
What
happens
then.
N
Thank
you
chairman.
The
in
this
instance.
What
it
would
do
is
facilitate
a
parent
or
loved
one
to
actually
report
the
car
stolen.
You
know
a
lot
of
happens
a
lot
of
times.
What
would
happen
is
is
oh
wait.
Little
Johnny
was
in
an
accident
and
killed
somebody
oh
by
the
way
he
stole
the
car,
and
they
could
still
still
do
that
now.
The
difference
here
would
be
the
moment.
They
know
the
car
was
stolen
and
they
didn't
have
permission.
J
So
is
it
spelled
out
that
way
where
they
would
no
no
well
I
mean
you
know
a
lot
of
times.
It
could
be
overnight.
These
Jokers
steal
your
car
you're
in
the
bed,
getting
ready
for
work
the
next
morning,
these
little
sap
suckers
out
somewhere
having
a
joy
ride,
end
up
doing
the
same
thing
hitting
somebody
naming
somebody
you
don't
know
until
the
next
day,
possibly.
N
They
would
take
those
things
into
consideration
as
it
relates
to
that
if
they
NE,
if
three
days
go
by
and
they
didn't
report
their
car
stolen,
then
then
there
probably
would
be
a
problem,
but
if
they,
if
we
were
able
to
say
listen,
I
was
sleeping
middle
night,
I
didn't
realize
I
got
up
and
got
out
of
shower
hour.
The
next
morning.
I
am
certain
that
the
district
attorney
would
take
that
into
consideration.
Well,.
J
Finally,
finally,
and
and
I
would
hope
so
that's
what
we
would
want,
but
finally
you
got
some
of
these
kids
because
our
society
is
so
undisciplined.
In
other
words,
what
I
mean
is
that
they
don't
get
they
didn't
get
their
butt
swept
like
we
got
our
butts
Whip
and
some
of
these
parents
are
intimidated
by
their
children.
I
come
up
in
a
in
an
era.
J
What
old
folks
tell
you
I
brought
your
butt
in
this
world
and
I
will
take
you
out
if
you
get
out
of
line,
but
you
have
some
people
a
day
afraid
of
their
children,
they're
afraid
of
children,
unfortunately
they're
afraid
of
their
children.
Okay,
so
I
would
hope
that,
on
the
record,
that
in
a
lot
of
the
family,
business
comes
out
when
certain
things
happen
that
that
we
would
make
allows
it
for
Stuff
of
that
nature
too.
J
Whoever
owns
a
car
to
be
accountable
for
sure,
but
I
don't
want
us
to
overreach
and
we're
penalize
the
parents
when,
when
it
shouldn't
be
but
I
know,
something
has
to
be
done,
you
know
was
drinking
and
driving.
All
this
crazy
stuff
has
happened
because
it's
deadly,
it's
absolutely
deadly.
It's
a
problem.
So
thank
you
for
the
bill.
Thanks,
sir.
A
G
I
had
a
bit
of
curiosity
as
to
whether
another
incentive
might
be
that
if
they
don't
report
that
car
stolen
or
if
they
allow
the
the
driver,
who
already
is
banned
legally
banned
from
driving
without
the
the
equipment,
if
they
allow
that,
it's
quite
possible
that
insurance
wouldn't
pay
off,
because
it's
a
knowingly
they're
participating
in
criminal
activity.
I,
don't
know
that
but
I'm
sure
somebody
on
the
on
our
committee
knows-
or
you
might
be
aware
of
that-
but
that
should
certainly
incentivize
folks
that
do
the
right
thing.
G
A
A
Yes,
thank
you
any
other
questions
for
our
sponsor.
Seeing
none
we're
now
voting
to
send
House
Bill
1198
on
the
full
criminal,
all
those
in
favor
say
aye,
those
opposed
the
eyes
Prevail
you
move
on.
Thank
you.
Thank
you,
chairman
members.
All
right,
I
accidentally
skipped
a
couple
members
here.
So
we're
going
to
go
back
item
number
10,
House,
Bill,
612,
representative
Hawk,.
A
O
Are
recognized?
Thank
you.
Chairman
members,
House
Bill
612
clarifies
a
provision
that
was
recently
added
to
the
Tennessee
code
through
last
year's
public
chapter
399,
where
we
changed
the
legal
definition
of
intellectual
disability
for
the
purposes
of
capital
punishment.
What
this
bill
does
is
state
that
the
AOC
is
responsible
for
payment
of
determination,
of
whether
a
defendant
is
intellectually
disabled
or
not
under
TCA.
O
We
passed
a
bill
in
2021,
saying
that
someone
on
death
row
could
have
a
challenge
if
they
had
not
previously
been
determined
to
be
intellectually
disabled
or
not.
We
passed
that
bill
last
year.
Well
we
did
not
pass
last
year
was
a
mechanism
that
said
the
administrative
office
of
Courts
could
and
would
pay
for
this
determination
of
intellectual
disability.
So
we
passed
the
law
last
year
and
the
AOC
has
come
back
this
year
with
clarifying
language
that
says,
they'll
pay
for
this
study.
G
A
Thank
you
any
other
questions
for
the
sponsor
see.
Thank
you.
Questions
been
called
that
objection.
We're
now
voting
to
send
House
Bill
612
on
the
full
criminal,
those
in
favor
say
aye.
Those
opposed
the
eyes
of
the
bill
you
move
on.
Thank
you,
chairman
members.
Thank
you
item
number
11,
House
Bill
285
by
representative
Whitson.
P
Thank
you,
Mr
chairman
and
I,
don't
mind
following
representative
Williams
he's
a
good
man
to
be
behind
all
the
time.
So
thank
you
very
much
members.
Earlier
this
year,
the
Union
County
sheriff
and
his
deputies
rated
a
cockfighting
Derby,
citing
98
individuals
with
crimes
relating
to
cockfighting,
while
preventing
more
fights
that
have
been
planned
throughout
the
day.
At
the
major
clandestine
Derby,
it's
been
reported
upwards
to
a
hundred
thousand
dollars
is
being
exchanged
in
these
cockfights
that
happen,
usually
every
other
weekend
with
winners
at
times
taking
over
twenty
thousand
dollars.
P
Cockfighting
is
both
a
major
Animal
Welfare
concern
and
a
doorway
to
other
illicit
criminal
and
black
market
activities
is
closely
linked
to
many
social
pathologies,
including
money
laundering,
illegal
drug
use,
gambling
addiction,
violence,
tax
evasion
and
gang
activity.
Gambling
is
the
norm
at
cockfightings
and
the
primary
reason
for
the
fight
to
occur.
P
Thousands
of
dollars
can
exchange
his
hands
as
Spectators
and
animal
owners
wager
on
the
fate
of
the
birds,
because
the
large
sums
of
money
involved,
cockfight
Derbies,
often
attract
hundreds
of
people
engaged
in
a
range
of
criminal
activity,
Retreat,
which
creates
a
dangerous
situation
for
law
enforcement
and
residents
of
the
local
community.
Excuse
me,
unlike
legalized,
gambling
or
the
state
lottery,
the
government
government
cannot
Monitor
and
collect
income
taxes
from
gambling
or
the
illegal
cockfighting
fighting
also
drives
outbreaks
of
serious
domestic
poultry
diseases
such
as
the
highly
contagious
Newcastle
disease
and
the
bird
flu
virus.
P
10
of
the
the
15
bird
flu
outbreaks
in
the
U.S
originated
from
illegal
smuggled
foul
for
fighting
the
current
outbreak
of
highly
contagious
bird
flu.
Viruses
has
resulted
in
the
mass
killing
of
60
million
Birds,
mainly
lay
in
hens
that
extraordinary
loss
of
life
has
driven
a
range
of
surging
egg
prices
from
a
dozen
eggs
to
run
up
to
about
seven
dollars
and
fifty
cents.
A
dozen
in
Tennessee
fighting
birds
can
play
a
role
in
extending
the
range
duration
in
the
end
of
outbreak
of
the
disease.
C
P
C
A
P
Q
Thank
you
Mr,
chairman
and
committee
and
and
chairman.
Let
me
first
tell
you
thank
you
for
your
support
of
this
and
and
many
of
the
members
that
have
signed
on
to
this
piece
of
legislation,
that's
dear
to
my
heart
and
important
to
not
only
me,
but
a
lot
of
tennesseans
that
are
out
driving
on
our
roadways,
whether
it
be
our
family
members
or
relatives
or
whoever
this.
This
piece
of
legislation
applies
to
the
to
them
as
well.
Q
Q
Anyone
convicted
of
a
DUI
for
the
first
time
with
a
BAC
of
.20
or
more,
must
be
sentenced
to
at
least
seven
consecutive
days,
rather
than
at
least
two
days
in
the
county
jail.
The
proposed
legislation
that
is
before
you
revises
the
minimum
BAC
for
these
enhancement
purposes,
from
the
current
.20
down
to
a
point.
What
0.15?
Q
This
means
that
the
that
DUI
offenders,
who
the
DUI
offenders,
whose
BAC
level
is
between
0.15
percent
and
0.19,
will
now
be
subject
to
the
enhanced
penalties
of
seven
days
in
jail,
and
you
know
I
believe
that
the
gap
between
the
presumptive
impairment
of
a
.08
and
the
elevated
dangerousness
of
a
0.20
High
BAC
threshold
is
too
great
and
needs
to
be
addressed
by
lowering
the
high
BAC
level
to
a
0.16
or
a
point.
I
mean
I'm.
Sorry,
a
0.15
for
the
enhanced
seven-day,
mandatory
minimum
sentence.
Q
Q
C
Chairman
Hosley,
it's
not
a
question.
It's
a
comment.
You
you
very
well
may
be
on
to
something.
I
can
remember
a
long
time
ago,
people
who
blew
a
0.25,
0.28,
0.3
they're
driving
25
mile
an
hour
under
the
speed
limit
and
actually
are
less
danger
to
people
than
somebody
who
blows
a
0.16
2.19
and
don't
understand
that
they're
impaired
so
that
you're
you're,
probably
on
the
right
track.
A
Any
other
questions
comments
sing
now
when
our
voting
is
in
house
bill
587
on
the
full
criminal,
those
in
favor
say
aye
as
opposed
that
ice
Prevail.
You
move
on.
Thank
you,
chairman
and
committee
you're,
a
little
late
there
leader
we're
going
back
to
item
number
five
House
Bill
1475
by
chairman
Hulsey.
C
Thank
you,
Mr,
chairman
of
my
old
apartment
and
some
officers
in
mind.
The
state
have
brought
this
bill
actually
to
me
about
an
increased.
It
seems
cases
where,
when
police
try
to
pull
somebody
over,
they
elude
or
run
from
the
stop
doesn't
mean
that
haven't
always
done
that
it's
been
going
on
for
years.
It
just
seems
to
be
getting
worse,
so
this
bill
actually
adds
the
minimum
a
period
of
incarceration
for
both
of
these.
If
you
run
from
the
police-
and
you
don't
endanger
anybody,
it's
a
classy
felony.
C
R
G
G
C
G
F
E
Mr
chairman
I'm,
certainly
with
you
and
I
hope.
Everybody
else
is
too
because
there
is
no
reason
whatsoever
in
a
vehicle
to
evade
arrest
from
officers.
If
it
is
an
unlawful
arrest,
then
that
is
something
that
should
be
taken
up
with
a
judge
in
a
court
of
law
in
a
setting
where
everybody
is
safe,
not
at
100
mile
an
hour
going
down
the
roadway
literally
endangering
everybody
else.
It's
just
not
a
situation
that
it's
going
to
turn
out
well
for
anybody.
It
endangers
both
the
individual's
life
and
everyone
else
around
them.
E
L
Johnson,
thank
you.
Mr,
chair,
I,
think
you
know,
I've
got
to
be
honest.
There
are
some
people
that
a
lot
of
times
getting
pulled
over.
They
don't
feel
safe
and
there's
a
reason
for
that,
and
we
see
it
all
the
time
and
so,
even
though
the
intent
of
the
bill
I
support,
but
I
also
understand
that
there
are
certain
people
in
our
community
that
aren't
don't
feel
safe
when
being
pulled
over
and
with
good
reason.
It
hasn't
ended
well
for
them
when
they
did
nothing
wrong,
and
so
that
is
a
concern.
G
But
I
can
understand
that
so
I'm
going
to
ask
my
colleagues
to
be
sensitive
to
that
fact
that
we
have
folks
who,
because
of
systemic
discrimination
in
law
enforcement,
where
there
are
bad
Composites,
still
needed
to
be
weeded
out
and
I
want
to
emphasize
99.9
of
our
law
enforcement
officers.
Are
there
for
the
right
reason
and
doing
the
job
the
right
way.
I
have
family
I,
have
friends,
close
friends
in
law
enforcement
so,
but
certainly
support
them
and
do
what
I
can
to
try
to
make
their
jobs
safer.
G
But
I
just
want
to
make
sure
that
we
understand
that.
Folks,
that
look
like
me
and
look
like
representative
Joe
towns
quite
often
feel
we're
at
risk
for
bodily
harm.
That
means
getting
beat
to
death
or
getting
shot
merely
on
the
pretense
of
a
traffic
stop
or
some
other
reason,
so
I
want
to
get
that
out
there.
Thank
you,
Mr
chairman.
A
A
C
A
A
E
Mr
chairman
I,
had
the
clerk
had
asked
me
to
step
out
for
just
a
moment
and
one
of
my
primary
rules.
Is
it
never
ever
ever
irritate
the
clerk
in
any
situation,
so
for
everybody
here,
both
in
the
audience
and
the
members,
all
our
clerks
are
doing
a
fantastic
job,
so
just
stepped
out
for
just
a
second.
Maybe.
E
Mr
chairman
I
I
have
violated
that
one
daily
and
continue
to
violate
it
all
the
time,
we'll
put
it
up
for
consideration
on
the
rules
list,
but
it's
just
not
there
yet
I
don't
mean
anything
by
it,
but
it
happens
sorry
to
be
a
couple
minutes
late
there.
So
this
this
bill,
just
with
Rico,
offenses
I,
know
we
have
some
testimony
on
this,
but
Mr
chairman
at
its
core.
It
is
straightforward,
they're,
organized
crime,
activities
that
go
on
throughout
this
state
and
they
are
prosecuted
currently
as
one-off
crimes.
E
I
mean
you
know
this
crime
that
crime,
the
other.
The
combination
of
those
is
what
we're
talking
about.
With
this
bill.
There
are
69
different
offenses
that
are
listed
in
this
particular
bill,
and
I
want
to
be
crystal
clear
that
it
is
not
the
intent
of
the
general
assembly
that
isolated
incidents
of
felony
conduct
be
prosecuted
under
this
part,
but
only
as
an
interrelated
pattern
of
criminal
activity.
E
A
S
My
name
is
Ben
Rabin
I'm
here
on
behalf
of
the
Tennessee
Association
of
criminal
defense
lawyers
and
we've
all
heard
of
Rico.
We
think
about
Rico.
We
think
about
the
Mafia,
the
drug
cartels,
large
organized
crime
associations
and
the
concern
that
the
defense
lawyers
of
Tennessee
have
is
that
this
bill
could
Encompass
and
does
encompass
as
written
a
large
number
of
other
types
of
conduct.
S
That
are
not
really
what
we
imagine
when
we
think
of
Rico
and
subject
people
to
enormous
consequences
of
taking,
in
some
cases
what
could
be
Class
C
misdemeanors
up
to
class
B
felonies
starting
at
range
two,
which
means
12
to
20
years
in
prison
at
45
percent,
as
well
as
civil
asset
forfeiture
consequences
as
well.
So
when
we
talk
about
Rico
punishments,
it
is
extraordinarily
High.
S
First
of
all,
this
expands
the
definition
of
what
constitutes
a
criminal
Enterprise,
which
is
one
of
the
requirements
to
something
that
could
be
as
small
as
in
an
informal
group
of
three
or
more
people
that
just
have
a
common
name,
colors
or
symbols
that
has
one
of
its
primary
activities
to
include
one
of
over
60
specified
activities.
What
are
those
specified
activities
include,
can
include
gambling,
which
is
a
Class
C
misdemeanor
that
could
include
a
poker
game.
S
So
if
you've
got
a
group
of
three
or
more
people
that
have
a
weekly
poker
game
and
you
give
yourself
a
name
like
the
Tuesday
Poker
Club,
you
do
that
more
than
twice
that
becomes
a
pattern
of
racketeering
activity
and
it
takes
your
Class
C
misdemeanor
gambling
Club
up
to
a
class
B
felony
it
starting
at
12
years,
as
well
as
civil
asset
forfeiture.
What
else
is
on
there?
Simple
possession?
If
you
have
a
group
of
college
kids,
have
a
Tuesday
afternoon
sit
around
smoke.
S
Marijuana
group
that
becomes
from
a
Class
A
misdemeanor
up
to
a
class
B
felony
fake
IDs
is
included
if
you've
got
a
fraternity
at
a
college.
That's
making
a
few
fake
IDs
on
a
somewhat
regular
basis
that
turns
that
from
a
misdemeanor
up
to
a
class
B
felony
and
what
what
is
prohibited,
having
a
pattern
of
conduct
engaging
that,
but
it's
also
included
under
this
bill,
simply
to
receive
proceeds
from
that
activity.
S
So
if
you've
got
somebody
else's
engaging
in
that
Poker
Club,
they
give
you
twenty
dollars
that
came
from
that
use
that
twenty
dollars
to
buy
a
shirt
you're
now
racketeering
too,
and
that
subjects
you
to
a
class
B
felony
and
civil
asset
forfeiture.
So
we
think
that,
as
written
notwithstanding
the
intent
that
stated
that
I
think
is
makes
sense,
but
the
way
that
this
is
actually
written
and
could
be
applied
could
Encompass
a
number
of
relatively
low-level
activities
and
I.
Welcome
any
questions.
J
S
If
past
as
it
is
yes,
assuming
that
you
have
a
group
of
three
or
more
people,
that
has
some
at
least
informal
Association,
where
you
have
a
common
name
or
colors,
and
that
that
is
an
activity
that
is
part
of
that
group,
so
if
you
just
do
it
once,
it
doesn't
necessarily
count.
But
if
you
have
a
poker
club,
then
that's
what
you
do
and
you
have
a
name
and
you
do
it
more
than
twice
that
would
count.
J
Well,
certainly,
I
see
that
as
a
very
dangerous
two
young
people,
especially
College
fraternities
I,
don't
know
many
of
you
all
may
or
may
not
I'm
in
a
fraternity,
okay
and
we
meet
on
a
regular
basis.
You
know
our
kids
are
at
18
19
20
years
old.
They
play
poker,
they
drink,
they
do
certain
things
and
they
always
the
coolest
in
the
world.
So
they're
going
to
give
themselves
names
it's
another.
J
So
this
could
be
very
damaging
to
Tyler
young
college
kids
across
the
state
that
may
get
involved,
whatever
their
groups
are
and
all
of
them
for
the
most
part
got
some
kind
of
groups.
Don't
have
to
be
fraternity.
You
got
these
other
off-brand
groups,
which
is
a
part
of
the
college
experience
and
and
we're
talking
about
that,
potentially
wrecked
their
lives
with
a
felony
12
to
20
years.
J
S
J
L
S
The
standard
is
for
that
group
is
that
one
of
its
primary
activities-
and
normally
we
think
primary-
is
the
main,
but
when
it
says
one
of
potentially
you
could
say
well:
football
is
a
primary
activity,
but
if
that
group
of
three
people
that
has
the
common
colors,
they
say
well
we're
gonna
smoke,
marijuana
or
make
fake
IDs.
Then
I
think
that
this
could
be
construed
to
include
that
yes,
ma'am
yeah.
G
S
S
We
could
require
more
instances
of
conduct
more
serious
types
of
conduct,
there's
currently
language
that
requires,
what's
called
a
meeting
of
the
minds
of
the
sort
of
collaborators,
because
this
is
basically
a
conspiracy
Bill,
if
you
have
lots
of
people
doing
stuff
together
and
part
of
what
this
is
intended
to
do.
If
you
had
a
gang-
and
you
have
people
that
are
committing
horrible
crimes
of
felony
drugs
and
murder,
and
then
you've
got
people
who
are
in
the
gang,
but
at
the
bottom
that
are
maybe
selling
small
amounts
of
marijuana.
S
It
allows
you
to
get
all
of
those
people
as
part
of
the
organization,
and
so
you
know
one
way
to
to
narrow.
It
could
be
to
require
kind
of
that
meeting
of
the
minds
of
the
specific
things
that
we're
looking
at
of
the
murders
and
felony
drug
sales.
That
sort
of
thing
so
that
you're
not
also
roping
and
even
if
you
have
a
gang
shouldn't,
be
doing
that.
S
Maybe
small
selling
small
amounts
of
marijuana,
but
maybe
those
people
don't
know,
are
not
involved
in
the
murders
and
the
more
serious
things
leaving
that
language
in
I
think
could
improve
it.
That
sort
of
meeting
of
the
mind's
language
so
I
think
there
definitely
are
ways
to
enhance
Tennessee's
RICO
statute,
but
tries
to
anticipate
and
eliminate
some
of
these
concerns
of
roping
in
the
the
college.
Kids.
Basically,.
S
A
E
We're
not
talking
about
kids
in
college,
though
I
would
highly
recommend
if
folks
don't
want
to
violate
this
particular
Bill.
If
it
passes,
don't
sell
weed,
don't
gamble,
don't
break
the
laws
of
the
great
state
of
Tennessee,
and
you
don't
even
come
close
to
violating
this,
but
this
is
something
if
passed,
I
think
that
we
would
watch
very
closely
and
if
there's
ever
a
district
attorney
out
there
that
tries
to
abuse
this
and
over
utilize
it
for
low
liver
crimes.
It
says
in
here
this
is
not
for
those
one-off
family
or
criminal
defenses.
E
G
A
T
Thank
you,
Mr
chairman,
yes,
sir,
this
is
a
bill
that
was
brought
to
me
by
constituent
in
my
district,
a
young
man
at
East,
Tennessee
State,
who
participated
in
the
Tennessee
Intercollegiate
State
Legislature
with
other
young
people.
This
summer,
I
Heard
lots
of
stories
of
young
people
who
had
been
assaulted
when
they
were
before
the
age
of
18,
and
the
question
came
is
why
didn't
people
come
sooner
to
report
the
crime
that
had
been
committed
to
them
while
they
were
teenagers?
T
And
the
answer
was
that
they
were
worried
about
negative
stigma
and
they
there's
the
reason
why
they
didn't
immediately
come
forward.
And
so
many
young
victims
of
sexual
assault
are
unable
to
understand
their
experiences.
Let
alone
bring
the
assault
to
the
attention
of
others,
and
so
what
this
bill
does.
It
has
no
physical
impact,
but
it
seeks
to
clarify
in
current
code
what
is
often
already
interpreted
in
the
courts
by
saying
that
it
cannot
be
used
in
the
court.
C
A
That's
proper
motion.
Any
objection
sing
now
we're
now
voting
to
send
House
Bill
659
on
to
Summer
study,
those
in
favor
say
aye,
those
opposed
the
eyes
Prevail.
It
goes
to
summer
study.
Thank
you,
Mr
chairman,
ladies
and
gentlemen,
we
have
five
minutes
left
in
this
room
before
we
are
to
vacate,
so
we've
got
two
bills
left
to
take
up.
There
are
many
folks
that
are
here
I'm
sure
to
testify
on
this
bill.
So
we
will.
A
U
Mr,
chair
and
committee,
this
is
probably
the
shortest
Bill
that'll
come
across
this
subcommittee
this
year.
It
just
simply
goes
to
clarify
or
change
the
law
that
was
passed
last
year
under
the
Constitutional,
carry
changing
the
word
handgun
to
firearms
and
why
that
is
so
important.
There's
only
four
states
in
the
entire
Union
that
Outlaw
the
carrying
of
of
a
shotgun,
so
the
example
I
would
give
to
you
is
if
I
met
somebody
at
a
gas
station
parking
lot
and
I
wanted
to
borrow
their
pistol.
U
They
could
hand
me
their
pistol
and
that's
completely
legal,
but
if
I
wanted
to
borrow
their
shotgun
to
go,
duck,
hunting
I,
just
committed
a
crime
and
if
my
truck
broke
down
as
I
was
headed
to
the
duck
pond
and
I
wanted
to
make
sure
that
my
gun
was
not
left
inside
the
vehicle
I'm
committing
a
crime
and
we're
one
of
only
four
states.
The
other
three
states
are
Florida
and
New
York
and
New
Jersey.
So
that
is
what
this
bill
goes
to.
Do
chairman
I
stand
for
any
questions.
R
L
U
Correct
so
it's
guns
that
are
legally
allowed
to
be
owned
in
the
state
of
Tennessee
would
be
able
to
be
carried
when
you
end
up
looking
at
the
state's
definition
right
now
of
handgun
when
I
sat
down
with
legal
services
back
in
November
on
this,
the
state's
definition
of
a
handgun
is
a
weapon
or
a
gun
that
is
manufactured
to
be
fired
with
one
hand.
If
you
go
to
Beretta's
website,
you
go
to
Smith
Wesson,
you
go
to
any
of
these
manufacturers,
they
show
proper
shooting
form
and
how
to
actually
shoot
a
particular
gun.