Image Credit: capitol.tn.gov
The Tennessee Conservative [By Adelia Kirchner] –
A red flag gun bill to expand mandatory reporting laws for mental health professionals was passed on the floor of the Tennessee House of Representatives on Thursday by a 79-7 vote.
This will be the second time that House Bill 1625 (HB1625), sponsored by Rep. Jason Zachary (R-Knoxville-District 14), has passed on the House floor.
This legislation was passed in the House for the first time during the legislature’s special session back in August of 2023. However, the Senate chose not to act on the bill at that time as efforts were made to quickly adjourn what many deemed an “unnecessary” meeting of the General Assembly.
“Members, you’ll recognize this piece of legislation,” Rep. Zachary addressed his colleagues. “We passed this during the special session. The other chamber chose not to work that week, so we’re here again passing this through committee and now back on the House floor.”
HB1625, if made law, would expand current Tennessee code, requiring mental health professionals to report a patient to law enforcement, 988, or a local crisis response service if they determine that patient to have communicated an intent “for actual threat of bodily harm” against an individual or group of people.
Critics have brought up concerns about the fact that this legislation also provides mental health professionals with civil, criminal, and regulatory immunity given the subjective way that a mental health professional could perceive something to be a threat.
Questions have also emerged regarding privacy laws and where reported information will be stored and how it will be used.
“This will strengthen duty to warn, provide some clarity, and ensures that mental health practitioners do not have to call law enforcement when a patient makes a threat to them,” said Rep. Zachary.
One amendment to the bill was passed on the House floor. The language of the bill previously stated that a mental health professional must report if he/she “has determined or reasonably should have determined that the service recipient has the apparent ability to commit such an act.”
As amended, the language further reads “and is likely to carry out the threat unless prevented from doing so.”
With no discussion or objection House members proceeded to vote and HB1625 was passed with 79 ayes and 7 noes.
A bipartisan collection of Representatives voted in favor of the bill including: Alexander, Baum, Behn, Boyd, Bricken, Bulso, Burkhart, Butler, Camper, Capley, Carr, Carringer, Chism, Clemmons, Cochran, Crawford, Darby, Davis, Eldridge, Faison, Farmer, Freeman, Garrett, Gillespie, Glynn, Grills, Hakeem, Hale, Hardaway, Harris, Hawk, Hazlewood, Helton-Haynes, Hemmer, Hicks T, Holsclaw, Howell, Hurt, Jernigan, Johnson C, Johnson G, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Martin B, Martin G, McCalmon, McKenzie, Miller, Mitchell, Moon, Parkinson, Powell, Powers, Ragan, Raper, Reedy, Rudd, Rudder, Russell, Shaw, Sherrell, Slater, Stevens, Thompson, Todd, Towns, Vaughan, Vital, White, Whitson, Williams, Wright, Zachary, and Speaker Sexton.
Republican Representatives Doggett, Gant, and Haston were recorded as present and not voting.
Republican Representatives Barrett, Cepicky, Fritts, Hill, Moody, Richey, and Warner were the only ones voting against this red flag gun bill.
Legislation must pass both chambers of the legislature before it can be sent to the Governor’s desk and be signed into law.
The corresponding Senate Bill 1673 (SB1673), sponsored by Sen. Becky Massey (R-Knoxville-District 6), is scheduled to be heard in the Senate Health and Welfare Committee next week.
To voice your support or opposition to SB1673, use the information below to contact committee members prior to their meeting on Wednesday, February 28th, 2024.
Rusty Crowe (R-Chair) – sen.rusty.crowe@capitol.tn.gov – (615) 741-2468
Ferrell Haile (R-Vice Chair) – sen.ferrell.haile@capitol.tn.gov – (615) 741-1999
Shane Reeves (R-2nd Vice Chair) – sen.shane.reeves@capitol.tn.gov – (615) 741-1066
Joey Hensley (R) – sen.joey.hensley@capitol.tn.gov – (615) 741-3100
Ed Jackson (R) – sen.ed.jackson@capitol.tn.gov – (615) 741-1810
Becky Massey (R) – sen.becky.massey@capitol.tn.gov – (615) 741-1648
Art Swann (R) – sen.art.swann@capitol.tn.gov – (615) 741-0981
Bo Watson (R) – sen.bo.watson@capitol.tn.gov – (615) 741-3227
Jeff Yarbro (D) – sen.jeff.yarbro@capitol.tn.gov – (615) 741-3291
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.