Image Credit: TN General Assembly
The Tennessee Conservative Staff –
Three bills intended to strengthen the state’s stand against crime have progressed in the House, moving one step closer to possible passage.
All three pieces of legislation were filed by State Representative John Gillespie (R-Memphis-District 97).
House Bill 0038 (HB0038) – passed Criminal Justice Subcommittee 3/5/2025
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.”
Courts would also have the option of requiring parents to pay restitution after a second act but would not be required to do so. 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, with neither to exceed $1000.
The bill passed the Criminal Justice Subcommittee with 6 ayes and 2 noes. Votes against the legislation came from two Democrats on the subcommittee. The bill is scheduled to be heard by the House Judiciary Committee on March 12.
House Bill 0033 (HB0033) – passed Criminal Justice Subcommittee 3/5/2025
HB0033, as introduced, establishes a presumption that a defendant should not be released on the defendant’s personal recognizance if the defendant is charged with an offense that involved the use or display of a firearm or resulted in the serious bodily injury or death of the victim; requires a magistrate who determines that the presumption has been rebutted to include in the bail order written findings for each factor considered in making such a determination.
Officials authorized to grant bail would have to include in a bail order “written findings” for each applicable factor before defendants could be released.
The bill was passed unanimously in the House Criminal Justice Subcommittee. It will be heard by the House Judiciary Committee on March 12.
Contact information for House Judiciary Committee:
Rep.andrew.farmer@capitol.tn.gov, rep.elaine.davis@capitol.tn.gov, rep.rebecca.alexander@capitol.tn.gov, rep.fred.atchley@capitol.tn.gov, rep.gino.bulso@capitol.tn.gov, rep.clay.doggett@capitol.tn.gov, rep.rick.eldridge@capitol.tn.gov, rep.johnny.garrett@capitol.tn.gov, rep.torrey.harris@capitol.tn.gov, rep.gloria.johnson@capitol.tn.gov, rep.kelly.keisling@capitol.tn.gov, rep.william.lamberth@capitol.tn.gov, rep.mary.littleton@capitol.tn.gov, rep.jason.powell@capitol.tn.gov, rep.dennis.powers@capitol.tn.gov, rep.lowell.russell@capitol.tn.gov, rep.gabby.salinas@capitol.tn.gov, rep.rick.scarbrough@capitol.tn.gov, rep.tom.stinnett@capitol.tn.gov, rep.chris.todd@capitol.tn.gov, rep.joe.towns@capitol.tn.gov, rep.ron.travis@capitol.tn.gov
House Bill 0034 (HB0034) – passed Judiciary Committee 3/5/2025
HB0034, as introduced, permits a court to use juvenile court records, including the disposition and evidence, in pretrial reports used to set bond for criminal offenses; requires the magistrate to consider the defendant’s prior juvenile record in determining the defendant’s risk of danger to the community.
Two amendments were previously passed on the bill, one stating that records that were more than five years old would not be considered, and the second stating that all records – including any medical and psychological reports – would be open to inspection if the suspect committed a homicide on school grounds.
The legislation was passed in the House Judiciary Committee with 16 ayes and 5 noes. All those voting no were Democrats on the Committee. The bill has now been placed on the House Finance, Ways, and Means Committee calendar for March 12.
Contact information for House Finance, Ways, and Means Committee:
Rep.gary.hicks@capitol.tn.gov, rep.john.gillespie@capitol.tn.gov, rep.charlie.baum@capitol.tn.gov, rep.clark.boyd@capitol.tn.gov, rep.karen.camper@capitol.tn.gov, rep.kip.capley@capitol.tn.gov, rep.jesse.chism@capitol.tn.gov, rep.mark.cochran@capitol.tn.gov, rep.john.crawford@capitol.tn.gov, rep.jeremy.faison@capitol.tn.gov, rep.bob.freeman@capitol.tn.gov, rep.ron.gant@capitol.tn.gov, rep.johnny.garrett@capitol.tn.gov, rep.rusty.grills@capitol.tn.gov, rep.michael.hale@capitol.tn.gov, rep.david.hawk@capitol.tn.gov, rep.tim.hicks@capitol.tn.gov, rep.bud.hulsey@capitol.tn.gov, rep.william.lamberth@capitol.tn.gov, rep.harold.love@capitol.tn.gov, rep.larry.miller@capitol.tn.gov, rep.debra.moody@capitol.tn.gov, rep.antonio.parkinson@capitol.tn.gov, rep.lee.reeves@capitol.tn.gov, rep.johnny.shaw@capitol.tn.gov, rep.mike.sparks@capitol.tn.gov, rep.kevin.vaughan@capitol.tn.gov, rep.ryan.williams@capitol.tn.gov, rep.jason.zachary@capitol.tn.gov
