Tennessee House of Representatives 112th House Criminal Justice Committee, 26 Jan 2022

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From YouTube: House Criminal Justice Subcommittee - January 26, 2022 - House Hearing Room 2

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House Criminal Justice Subcommittee - January 26, 2022 - House Hearing Room 2

A

It's 503 on wednesday, the 26th of january, the house criminal justice subcommittee, is now in session.

A

Madam clerk, please take the role.

B

Representatives back curcio here, farmer, griffey, hardaway, howell, lamberth, moody, russell sexton, chairman doggett, president chairman dog. You have a quorum. Thank.

A

You very much members do we have any personal orders before we begin today.

A

Crickets wow all righty, well we'll roll right into our first item on the calendar house, bill 14 or excuse me, 1646 by representative hall.

A

You have a motion and second, you recognized representative hall on this bill.

C

Thank you, mr chairman and colleagues, mr chairman. Currently, the law of the great state of tennessee regarding assaults on law enforcement, canines, resulting in injury or even death, are nothing more than a destruction of property charge. House bill. 1646 changes. All of that.

C

It takes the shackles off of the d.a and allows him and gives him the authority to charge the suspect with a class b. Felony and those that are juvenile can be tried as an adult the motivation behind this this bill, uh it hits home to me we have a local canine named joker that was ambushed on the way to a call in a uh a burglary, auto, burglary call and after being shot multiple times and after a blood transfusion part of his jaw being removed on a feeding tube and almost resulting in death.

C

Joker is now back at work and and has apprehended three suspects on his first day back. So it's my understanding that joker is going to be the poster k-9 that changes the laws, not just in tennessee but across this country.

C

So uh this this bill is also endorsed by all 95 sheriffs by the tennessee uh sheriff's association. It received a quarter of a million positive responses, not just hits a quarter of a million positive responses on social media. Seventeen thousand signatures in my in my district uh is the the support behind this bill is overwhelming and all the ingredients are in this legislation. If you pro law enforcement, if you love animals, if you want to be a good steward of the taxpayers, money, joker's law and house bill, 1646 is for you and with that.

C

Mr chairman, I renew my motion.

A

Thank you, representative hall. We, uh if you will stand by with us for just one moment, we're going to check on some technical issue right, quick.

C

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And then, when uh I'll be right back with you, yes.

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uh Without objection, we're going to take a brief recess.

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For next week,.

C

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C

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D

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All right members, we are going to go back into session. I apologize for that delay.

C

Thank you, mr chairman. Mr chairman, we want to. We want to make sure that this bill is in the proper posture. So if I could roll this the next wednesday I'd certainly appreciate it.

A

Leader lambeth, you.

E

Recognized. Thank you, mr chairman. I have no objection to that. I just want to tell him. I thought he gave a great presentation and mighty fine speech. While I go on it, so I look forward to see what it looks like next wednesday.

A

Thank you, sir. Thank you. Will you be able to replicate your presentation next week?

A

It is on tape, so we can go back and watch it. Will you wear the same suit and tie next week.

E

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E

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Any objection to rolling this uh bill to next next week's calendar, seeing none we'll roll it to next week's calendar. Thank you, mr chairman, thank you and I apologize for the for the confusion. There.

A

Next item on our calendar house bill 1661 by representative gillespie representative, you are recognized on 1661.

D

Thank you, mr chairman committee.

D

I came here last year and gave presented a bill to all that addressed, drag racing. That bill was successfully passed out of this committee and the house and senate overall on. Unfortunately, the problem with drag racing and reckless driving in general has become even more dire in shelby county and all across the state of tennessee.

D

This bill, 1661, seeks to hopefully give the prosecutors and the police officers out there a little bit more tools on their tool belts to go after those people that are racing and driving erect erratically.

D

What this bill would do is it would create a new offense of aggravated reckless driving, while keeping the existing offense of reckless driving in place. What it would do is it would be a class, a misdemeanor and a twenty five hundred dollar fine, if convicted, and with that. I welcome any questions.

A

Representative beck, you are recognized.

F

Thank you. uh Is there a specific incident that had you bring this bill.

D

Thank you, mr chairman. uh Yes, several um many many constituents many many times. I've personally experienced people that have driven on the wrong side of the road to go through speed lights.

D

I actually was almost hit about a month ago, while in the left lane turning someone passed me on the left side to run through a red light. Had I not paid any attention to my mirrors, I would have certainly gotten hit on the driver's side and that, unfortunately, is happening daily, where I live and and all across the state in the country. But um uh yes, many specific examples represented bay.

F

In in reading the bill, it's it uses, the term impeding traffic is going to be this. This new uh crime impeding traffic can be a myriad of of events, for example, if this bill passed, uh our pedal taverns impede traffic because they don't go the speed limit, so you're going.

F

No comments from the peanut gallery now, uh so your this bill would would would automatically make them.

E

F

Would this would this bill not automatically make them in violation of the law.

D

That is a good question. It is my understanding that this would apply to motorcycles and motor vehicles, so I don't believe a pedal tavern, but I would have to check with legal on that. um If we can, I don't.

F

Know the the petal taverns are motorized. Okay would.

A

uh Would you like to go out a session to hear from the from legal.

D

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That objection will go out of session here from our legal advice.

G

Michelle fogerty legal services in order to commit the offense of aggravated reckless driving, you have to also commit reckless driving, which is the willful or wanton disregard for the safety of persons, uh our property. So you have to commit reckless driving and uh intentionally or knowingly impede traffic.

G

So you know I get that begs the question: when I'm out of pedal tavern is, it would have to be driving recklessly to start with.

F

Represent so how do we combine is so it's got to be a combination of reckless driving and impeding.

B

F

So, impeding alone is not reckless. This aggravated reckless is that right.

G

Aggravated reckless driving under the language as written is committing the offense of reckless driving and intentionally are knowingly impeding traffic.

F

And can you get, can you read me the definition of mr chairman? I'm sorry, can you read the definition of.

F

No, the definition of reckless driving, please.

G

Any person who drives any vehicle in willful or wants and disregard for the safety of persons or property commits reckless driving, so it's willful or wanton disregard. Okay,.

F

So the so the threshold is, we've got to do this wanton disregard, and then we have to impede to elevate us to aggravate it. It.

G

Requires both yes,.

F

Requires both okay. Thank you. I appreciate you thanking.

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F

A

Well, thank you. Can I ask a question the definition of impede, I thought that's where you were going, but I I would if you could provide the definition of impede for me. Please.

G

I don't believe our code defines impede traffic.

A

Very good well, thank you, representative hardaway.

H

Thank you, mr chairman, and I haven't signed on yet, but uh I've had the pleasure working with the representative uh and it would probably be helpful uh if he spoke to these specific cases that uh instances rather that he's trying to address, I believe, he's talking about vehicles which are doing reckless uh maneuvers driving in circles.

H

Doing uh figure eights representative.

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H

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Sorry to interrupt you.

H

Are you asking legal.

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A question: are you just advocating on this.

H

I'm doing a little of both.

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H

Since you want to be specific about it, okay, but when we go back in session, I I think the uh the representative, the sponsor, uh can offer an an example and it will help everyone understand better.

A

Okay, well very good without objection, we're going to go back in session and now uh before we get too far down the road. There is an amendment that amendment code zero, one, one, nine, nine five and uh if you're recognized on the amendment, you can speak to the amendment. Please.

D

Thank you, mr chairman. uh What the amendment does is basically it's just there's some. There was some spelling and grammatical errors when the bill was written and it just corrects those so, okay.

A

Representative griffey.

E

Mr chairman, I asked the representative: was there an issue with the amendment and maybe the time it was filed or something.

A

Not this amendment, this amendment was filed, timely, um that's, a different.

D

E

D

Bill or the same bill same bill but different amendment. It.

A

Makes some typographical changes minor changes.

A

You need to be recognized. Yes, sir.

E

Thank you, mr chairman. I moved previous question on the amendment. Okay, very good.

A

All right we're now now voting to add amendment number 11995 on the house bill 1661, all those in favor say aye that was opposed. The eyes prevailed we adopt we're now on back on house bill 1661 as amended chairman curcio. Thank you, mr chairman. I moved previous question previous questions been called any objection.

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I only see one.

H

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Now we're voting on previous question. um All those in favor previous question say: aye. Those opposed the eyes prevail. We're now voting on house bill 1661 to send it on to full criminal. All those in favor say aye. Those opposed the eyes.

H

Didn't ask for a discussion, sir.

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H

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Moves on the full criminal uh representative hardaway, I apologize. uh Procedurally, we did get.

H

I'll wait until going.

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There, sir, if.

H

You I would give you'll be able to speak now if you would like. But if.

A

Not you forfeit that all righty motion to adjourn we are now adjourned, see you next wednesday 5 pm. Thank you.

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