Image Credit: Steven Depolo / CC
The Tennessee Conservative [By Adelia Kirchner] –
State Representative John Gillespie (R-Memphis-District 97) is sponsoring a new bill that would require Tennessee’s juvenile courts to charge parents for expenses incurred by law enforcement, if their child commits a third or subsequent offense.
House Bill 0038 (HB0038) as introduced, amends Tennessee Code Annotated Title 37 by requiring “a juvenile court, upon finding a child has committed a third or subsequent delinquent act, to enter an order of restitution against the parent, legal custodian, or guardian who had custody of the child at the time of the act for the expenses incurred by any law enforcement agency in responding to and investigating the delinquent act.”
So, if a child commits a third or subsequent offense, Tennessee courts would be required by law to charge the parents money.
While Tennessee courts would not be required to do this for a child’s second offense, they would be allowed to under this legislation.
According to the bill text, “If the child is found to be delinquent for a second delinquent act, the court may enter an order of restitution against the parent, legal custodian, or guardian who had custody of the child at the time of the act for the expenses incurred by any law enforcement agency in responding to and investigating the delinquent act.”
The restitution order would have to be at least $250 if the act committed by the child would be a misdemeanor for an adult, and at least $500 if the act committed by the child would be a felony for an adult.
Neither restitution order could exceed $1,000 under this legislation.
Additionally, the bill notes that if the child’s parent, legal custodian, or guardian is found indigent by the court, restitution may be waived.
However, if restitution is waived, the court is required to order the child’s parent, legal custodian, or guardian to perform community service work instead.
The amount of community service work that a child’s indigent parent or guardian would be required to perform is not established within this legislation.
If passed by the General Assembly, this legislation would take effect on July 1st, 2025.
The intention behind this bill is likely to decrease Tennessee’s juvenile recidivism rate by forcing parents and guardians of juvenile delinquents who are not taking much initiative, to take more responsibility for the actions of the child they are raising.
Perhaps, this is the push that some parents and guardians need to get more involved in preventing their child from committing criminal acts.
A potential concern however, may be that this requirement could put undue additional stress and pressure on some parents and guardians who are already actively trying to right the path of their child.
This concern may be especially magnified for indigent parents and guardians who on top of everything else, would be faced with a fine that they cannot pay or community service that they must take time off work and/or time away from other minor children to perform.
The Tennessee Conservative reached out to Rep. Gillespie with the following questions:
1) What prompted you to file this specific piece of legislation and why, in your opinion, is this a good approach to our state’s juvenile recidivism problem?
2) How do you think this legislation as introduced may positively or negatively impact indigent families?
As of this article’s publication, Rep. Gillespie has not provided us with any comments on HB0038.
The bill does not currently have a Senate version or sponsor.
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee. You can reach Adelia at adelia@tennesseeconservativenews.com.
