After spending the first four months of 2021 in session, more than 200 bills approved this year by the Tennessee General Assembly are set to take effect Thursday.
That includes a $42 billion budget and a number of measures that proved controversial this year, including allowing Tennesseans to carry handguns without permits, setting rules on transgender students’ school sports participation and bathroom use and changing the process to sue over constitutionality concerns.
Here are some of the new laws now in effect.
Permitless carry (SB 765)
A major initiative pushed by Gov. Bill Lee, the law allows adults 21 and older or all active or honorably discharged members of the military 18 and older to carry a handgun without a permit. Republicans referred to the measure as a “constitutional carry” bill.
People who carry handguns without a permit cannot have felony convictions, orders of protection in effect, pending charges or convictions for domestic violence or stalking, or have been determined by a court to be mentally defective.
More:Gov. Bill Lee visits gun factory to tout new Tennessee constitutional carry bill
Poll:Tennesseans support ban on trans sports, cutting jobless benefits but are against permitless carry
Review:The Tennessee legislature has adjourned for the year. Here’s what they did.
Those convicted of two DUI offenses within the last 10 years or one in the last five years are not eligible.
The bill also increases penalties for certain gun crimes, including theft of a firearm and possession by a felon.
While a permit is not required to carry a handgun in the state, people can still obtain them in Tennessee for reciprocity in other states.
Burial of aborted fetus (SB 828)
The bill requires burial or cremation for the remains of a fetus after a surgical abortion.
Despite an outcry from abortion rights activists, a similar law in Indiana was upheld in 2019 by the U.S. Supreme Court.
Tax-free grocery, dining out week (SB 909)
In addition to the regular tax-free weekend for clothing, school supplies, computers and other back-to-school items, legislators approved a week of tax breaks on groceries and food from restaurants. The sales tax holiday on food, estimated to amount to a $50 million reduction in tax revenue, will take place July 30-Aug. 4.
The measure was introduced and passed as a way to allocate some of the state’s surplus revenue toward a one-time initiative.
Textbooks available online (SB 1034)
Called the “Textbook Transparency Act,” the bill requires textbooks being used in public schools to be accessible online for the public to view. This new law requires publishers make the books available as long as they are actively being used in the classroom.
New appeals process for constitutionality questions (SB 868)
The law creates a three-judge panel that will hear challenges involving the constitutionality of a state statute, an executive order or an administrative rule or regulation. That includes challenges to the constitutionality of legislative and congressional redistricting.
The Tennessee Supreme Court will select two trial court judges to sit with the judge to whom the civil action was originally assigned, and the three will hear and decide the civil action.
Bills affecting transgender people
Bathroom accommodations in schools (SB 1367)
Under the new law, students’ parents can put in a request in writing for special private bathroom accommodations, if desired, rather than the child using a multi-person bathroom. The requests can also be made by teachers, and an appeal process is outlined if a principal denies the request.
The law also specifies that families can sue the school or district if their child or an employee of the school encounters a person of the opposite sex in a multi-person bathroom or changing room.
Signs at public restrooms allowing transgender people (SB 1224)
Businesses in Tennessee allowing people to use the bathroom of their choosing, regardless of sex, must post a notice saying so. The measure is a way to indicate whether transgender people are permitted to use the restroom of their gender identify.
Violations would be misdemeanors and could lead to up to six months of jail time and a maximum fine of $500, according to Tennessee Code. Davidson County District Attorney Glenn Funk has already said he does not intend to prosecute violations of the new law, which he referred to as “transphobic.”
Multiple lawsuits were filed concerning the bill before it took effect.
Transgender athlete ban (SB 228)
The bill requires athletes in public middle and high schools to play on the team corresponding with their sex at birth.
Criminal justice laws
“Truth in sentencing” changes (SB 717)
Brought by the speakers of the House and Senate, the bill requires that individuals convicted of any crimes from a list of 31 sex offenses serve the entirety of their term, without early release eligibility based on rehabilitation work and good behavior.
While the bill ensures that offenders convicted of violent crimes like rape and child sexual abuse will not be able to leave prison before their given sentence is up, it also removes any early release opportunities for crimes like patronizing a prostitute, public indecency and indecent exposure.
Alternatives to incarceration (SB 767)
One of Gov. Bill Lee’s criminal justice reform bills, the law expands the group of people eligible for recovery courts, including drug, mental health and veterans courts, which typically divert nonviolent offenders from incarceration. It shortens the maximum amount of time someone can be placed on probation from 10 years to 8 years.
The law prevents someone from having their probation revoked for a single technical violation and limits the amount of time someone violating probation can be sent back to to jail.
Resources for inmates reentering society (SB 768)
The second of Lee’s two-bill criminal justice reform package, the new law removes the fee to set up a payment plan to have a driver’s license reinstated and increases reimbursement rates for local jails choosing to expand classes and resources offered to inmates.
The law creates a presumption that an eligible inmate must be released on parole, unless a good reason is shown, upon the inmate reaching his or her release eligibility date or any subsequent parole hearing and allows the Board of Parole to hear testimony from inmates seeking release both in person and by video.
Jim Coley Protection for Rape Survivors Act (SB 1035)
In an effort to provide more transparency about rape kit testing backlogs, the new law requires the Tennessee Bureau of Investigation to develop and implement an electronic system that tracks the location and status of each rape kit and gives victims access to the system through a tracking number.
Victims must also be notified 60 days before destruction or disposal of the evidence. The law is named after former Republican Rep. Jim Coley.
Killing of a “Good Samaritan” (SB 226)
The bill enhances penalties for murder against a person who the defendant knew was acting as a “Good Samaritan,” which refers to someone who helps, defends, protects, or renders emergency care to a person in need without compensation.
Cellphones in prisons (SB 442)
The bill makes the possession of a phone in a penal institution a Class E felony, punishable by a fine of up to $3,000 on second offense.
Boating under the influence (SB 246)
The new statute raises the penalties of BUI to be consistent with driving under the influence.
Current law allows for a six-month suspension of a boating license for drinking and boating, which could mean no practical consequence if the violation occurred at the end of boating season.
Crimes against children
Evelyn’s Law (SB 327)
Under the new law, parents in Tennessee who do not report children missing to law enforcement within 24 hours could be charged with a Class A misdemeanor. The bill was named after a Sullivan County 15-month-old found dead after her mother failed to report her missing to authorities for months.
Eli’s Law (SB 867)
The new measure allows the Department of Children’s Services to investigate the birth of subsequent children born to parents who have had a previous child removed from their custody.
The law was introduced in response to a story shared by Ronda Paulson, founder of the Isaiah 117 House in East Tennessee. In 2015, she began fostering 9-month-old Isaiah after he was removed from his parents’ custody due to months of both neglect and abuse. Less than two years later, Isaiah’s biological parents gave birth to their second son, Eli, who also suffered abuse.
Exposing children to dangerous drugs (SB 1530)
The law expands the definition of “severe child abuse” to include a child’s exposure to certain dangerous or illegal drugs. It also states that an individual who knowingly allows a child to be in the presence of and access drugs like cocaine, methamphetamine or fentanyl is guilty of severe child abuse.
Reach Natalie Allison at nallison@tennessean.com. Follow her on Twitter at @natalie_allison.
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