The document summarizes several bills passed by the Tennessee legislature relating to criminal law and child protection. It describes bills that expand requirements to report suspected child abuse, create criminal penalties for failing to report meth manufacturing or illegal drug use during pregnancy that harms a child, and broaden the definition of serious bodily injury to a child.

1. Legislative Update
Connecting for Children’s Justice
November 24, 2014
Criminal Law - 19 SB1131 / HB1173 Failure to report suspected sexual abuse.
Sponsors
Sen. Mark S. Norris / Rep. Joe Towns Jr.
Description
Requires any authority figure at a community facility who knows or reasonably suspects a child, teen, or young adult has been the victim of unlawful sexual contact to report the known or reasonably suspected unlawful sexual contact to law enforcement authorities. Creates for any person required to report known or suspected unlawful sexual contact who knowingly and willfully fails to do so a Class A misdemeanor if the victim is a child, a Class B misdemeanor if the victim is a teen, and a Class C misdemeanor if the victim is a young adult.
Amendment
HOUSE AMENDMENT 1 (005094) rewrites the bill. Adds to the list of individuals who are required to report suspected or known child abuse: an authority figure at a community facility, including any facility used for recreation or social assemblies, for educational, religious, social, health, or welfare purposes, including, but not limited to, facilities operated by schools, the boy or girl scouts, the YMCA or YWCA, the boys and girls club, or church or religion organizations. SENATE AMENDMENT 1 (015687) rewrites the bill. Adds authority figures at community facilities to the list of mandated child sexual abuse reporters. Changes effective date to July 1, 2014. Makes technical corrections.
Senate Status
04/02/2014 - Senate passed with amendment 1.
House Status
04/07/2014 - House concurred in Senate amendment 1.
Executive Status
05/15/2014 - Enacted as Public Chapter 0761 effective July 1, 2014.
Public Chapter
PC761 SB1391 / HB1295 Illegally taking a narcotic drug while pregnant.
Sponsors
Sen. Reginald Tate / Rep. Terri Lynn Weaver
Description
Provides that a mother can be prosecuted for an assaultive offense or homicide if she illegally takes a narcotic drug while pregnant and the child is born addicted or dies because of the drug.
Amendment
HOUSE AMENDMENT 1 (006613) deletes all language after the enacting clause. Removes language from the original bill that would allow a pregnant mother to be prosecuted for criminal homicide if the fetus dies as a result of the mother's illegal use of narcotic drugs. Provides an affirmative defense to prosecution if the mother actively enrolled in an addiction recovery program before the child is born, remained in the program after delivery, and successfully completed the program. The provisions of the bill as amended shall cease to be effective on June 30, 2014. HOUSE AMENDMENT 2 (012324) deletes provisions allowing for criminal prosecution for homicide when a pregnant woman's illegal drug use leads to the death of her unborn child. SENATE AMENDMENT 1 (014785) rewrites the bill. Alters provisions regarding assaultive offenses to victims that are viable fetuses. Clarifies that a woman may be prosecuted for assault against her viable fetus for the illegal use of a narcotic drug under certain conditions. Creates an affirmative defense to such prosecution if the woman is actively enrolled in a recovery program before the child is born and completes other certain conditions.
Senate Status
04/07/2014 - Senate passed with previously adopted amendment 1.

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House Status
04/09/2014 - House passed.
Executive Status
05/16/2014 - Enacted as Public Chapter 0820 effective April 28, 2014.
Public Chapter
PC820 SB1426 / HB1373 Requires a report of untested sexual assault kits.
Sponsors
Sen. Mark S. Norris / Rep. Karen D. Camper
Description
Requires all law enforcement agencies that maintain sexual assault kits to report to the TBI by July 1, 2014 the amount of untested sexual assault kits and the date they were collected. Requires the TBI to report to the speaker of the house and speaker of the senate certain details regarding the sexual assault collection kits by September 1, 2014.
Senate Status
02/24/2014 - Senate passed.
House Status
04/07/2014 - House passed.
Executive Status
04/28/2014 - Enacted as Public Chapter 0733 effective April 21, 2014.
Public Chapter
PC733 SB1497 / HB2230 County medical examiners and coroners - subpoena rights.
Sponsors
Sen. Mark Green / Rep. Kent Calfee
Description
Clarifies that county medical examiners and coroners have the right to subpoena medical or hospital records from hospitals and mental health facilities concerning initial investigations into a death to determine whether or not to order an autopsy.
Amendment
SENATE AMENDMENT 1 (013224) rewrites the bill. Defines "authorized post-mortem official" to include a medical examiner, medical investigator, coroner, or a deputy/assistant medical examiner or forensic pathologist under the control of a medical examiner. Authorizes an authorized post-mortem official, investigating pursuant to a court order or an order of a district attorney general, to obtain upon written request medical and hospital records from licensed individuals under Title 63 and medical facilities licensed under title 68. Authorizes an authorized post-mortem official, investigating pursuant to a court order or an order of a district attorney general, to obtain by judicial subpoena or court order all medical and hospital records from medical facilities licensed under title 33. SENATE AMENDMENT 2 (015705) adds "or may subpoena through the appropriate district attorney general" to (a) of Section 2 of Amendment 013224 relative to the method s by which a post-mortem official may obtain the medical or hospital records of an individual.
Senate Status
04/08/2014 - Senate passed with amendments 1 and 2.
House Status
04/15/2014 - House passed.
Executive Status
05/29/2014 - Enacted as Public Chapter 0944 effective May 19, 2014.
Public Chapter
PC944 SB1503 / HB1397 Failure to alert police when meth is manufactured on property.
Sponsors
Sen. Mark Green / Rep. William G. Lamberth
Description
Creates a Class B misdemeanor of intentionally failing to notify law enforcement within 24 hours of discovering that methamphetamine is being manufactured in or on property or structures. Specifically applies to the owner, manager, caretaker, person or employee who is charged with the care of that property, structure or room.
Amendment
Senate amendment 1 (012182) rewrites this bill to make it a Class B misdemeanor criminal offense for any landlord, owner, manger, caretaker, agent of the owner or employee who knows or reasonably should know that methamphetamine has been manufactured or is being manufactured on real property or any building, structure, or room located on such property on or in which such person performs compensated labor or is employed to or has a duty or responsibility to care for or manage to intentionally fail to notify the appropriate law enforcement agency within 24 hours of acquiring such knowledge. The offense that this

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amendment creates will not apply to property that the person having a duty to report as described above owns or has a mortgage on, resides in and does not derive rental income from.
Senate Status
02/12/2014 - Senate passed with amendment 1.
House Status
03/24/2014 - House passed.
Executive Status
04/14/2014 - Enacted as Public Chapter 0640 effective July 1, 2014.
Public Chapter
PC640 SB1654 / HB1995 Updating of missing children registry by TBI.
Sponsors
Sen. Brian K. Kelsey / Rep. Jim Coley
Description
Requires TBI to update the missing children registry to include pertinent information about rescued missing children in the same manner as the report of a missing child.
Amendment
Senate amendment 1 (012420) requires the TBI to update the missing children's web page, instead of the registry, to reflect that a missing child has been recovered.
Senate Status
02/27/2014 - Senate passed with amendment 1.
House Status
03/10/2014 - House passed.
Executive Status
03/31/2014 - Enacted as Public Chapter 0588 effective July 1, 2014.
Public Chapter
PC588 SB1660 / HB2304 Promoting prostitution offense - severe child abuse.
Sponsors
Sen. Brian K. Kelsey / Rep. Mary Littleton
Description
Adds the offense of promoting prostitution or the knowing failure to protect a child from the commission of prostitution to the list of offenses constituting severe child abuse.
Senate Status
02/10/2014 - Senate passed.
House Status
03/31/2014 - House passed.
Executive Status
04/22/2014 - Enacted as Public Chapter 0711 effective July 1, 2014.
Public Chapter
PC711 SB1690 / HB2177 Serious bodily injury to a child.
Sponsors
Sen. Becky Duncan Massey / Rep. Barrett Rich
Description
Redefines serious bodily injury to a child to include second- or third-degree burns, a fracture of any bone, a concussion, subdural or subarachnoid bleeding, retinal hemorrhage, cerebral edema, brain contusion, injuries to the skin that involve severe bruising or the likelihood of permanent or protracted disfigurement, including those sustained by whipping children with objects. Inserts Haley's Law into the law concerning criminal offenses.
Amendment
Senate amendment 1 (013413) broadens the definition of "serious bodily injury" for purposes of criminal statutes to include a broken bone of a child 12 years or younger. HOUSE AMENDMENT 2 (016638) adds a new section changing the due date for the required report to the court showing progress toward achievement of the authorized objective of a wiretap warrant from the tenth day after the order is entered to the tenth day after the interception begins or is extended. Authorizes a judge to order all reports to be consolidated into a single report if the judge has issued orders for multiple telephones that all pertain to the same investigation.
Senate Status
04/17/2014 - Senate concurred in House amendment 2.
House Status
04/16/2014 - House passed with amendment 2.
Executive Status
05/29/2014 - Enacted as Public Chapter 0984 effective July 1, 2014.
Public Chapter
PC984 SB1695 / HB2218 Sentencing - aggravated child neglect or endangerment.
Sponsors
Sen. Brian K. Kelsey / Rep. Terri Lynn Weaver

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Description
Requires a person who commits aggravated child neglect or endangerment to serve 90 percent, whereas previously it was 70 percent, of the sentence imposed by the court less sentence credits earned and retained, provided that the sentence reduction credits shall not reduce below 75 percent, whereas previously it was 55 percent, the sentence originally ordered to serve.
Amendment
SENATE AMENDMENT 1 (011716) requires anyone convicted of aggravated child neglect or endangerment to serve 85 percent of the sentence imposed. Sentence reduction credits may reduce the percentage, but not below 70 percent.
Senate Status
02/05/2014 - Senate passed with amendment 1.
House Status
04/07/2014 - House passed.
Executive Status
05/16/2014 - Enacted as Public Chapter 0867 effective July 1, 2014.
Public Chapter
PC867 SB1748 / HB2241 Prohibits certain defenses for promoting prostitution.
Sponsors
Sen. Ken Yager / Rep. Dawn White
Description
States that for the offense of promotion of prostitution the defendant cannot claim that the subject of the offense is a law enforcement officer or the victim is a consenting minor as a defense.
Senate Status
02/10/2014 - Senate passed.
House Status
03/24/2014 - House passed.
Executive Status
04/14/2014 - Enacted as Public Chapter 0646 effective July 1, 2014.
Public Chapter
PC646 SB1751 / HB1574 Limits on the purchase of ephedrine and pseudoephedrine.
Sponsors
Sen. Mark S. Norris / Rep. Gerald McCormick
Description
Prohibits pharmacies from selling and any person from purchasing more than 2.4 grams, instead of 9 grams, of ephedrine or pseudoephedrine base, or their salts, isomers or salts of isomers in any 30 consecutive day period. Allows a pharmacist or pharmacist intern to override the automatic NPLEx stop sale alert and sell to a purchaser an additional 2.4 grams of such drug as long as it does not exceed 4.8 grams in any 30 consecutive day period. Grants a pharmacist, pharmacist intern, and person directing the stop sale alert an affirmative defense from any civil or criminal liability for directing or overriding the stop sale alert. (Part of Administration Package)
Amendment
SENATE AMENDMENT 2 (013064) makes the bill. Increases the daily limit of ephedrine or pseudoephedrine base, their salts, isomers, or salts of isomers that a pharmacy can sell and an individual can purchase in one day from 3.6 grams to 4.8 grams. Creates a yearly maximum amount of 14.4 grams of ephedrine or pseudoephedrine base, their salts, isomers, or salts of isomers that a pharmacy can sell and an individual can purchase in one year. Clarifies that the limits do not apply to a person who obtains the product pursuant to a valid prescription. SENATE AMENDMENT 6 (016715) adds a prohibition against any person under 18 purchasing a product that contains any immediate methamphetamine precursor, except pursuant to a valid prescription issued by a licensed healthcare practitioner authorized to prescribe by the law of the state or a pharmacist generated prescription. HOUSE AMENDMENT 1 (014645) increases the daily limit of ephedrine or pseudoephedrine base, their salts, isomers, or salts of isomers that a pharmacy can sell and an individual can purchase in one day from 3.6 grams to 5.76 grams. Creates a yearly maximum amount of 28.8 grams of ephedrine or pseudoephedrine base, their salts, isomers, or salts of isomers that a pharmacy can sell and an individual can purchase in one year. Clarifies that the limits do not apply to a person who obtains the product pursuant to a valid

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prescription.
Senate Status
04/17/2014 - Senate adopted the Conference Committee Report.
House Status
04/17/2014 - House adopted the Conference Committee Report.
Executive Status
05/21/2014 - Enacted as Public Chapter 0906 effective July 1, 2014.
Public Chapter
PC906 SB1794 / HB2337 Minimum sentencing for repeat domestic assault offenders.
Sponsors
Sen. Becky Duncan Massey / Rep. Sherry Jones
Description
Extends the minimum sentencing requirement for a second conviction of domestic assault from 30 days to 45 consecutive days and from 90 days to 120 consecutive days for a third or subsequent conviction. Requires persons convicted of domestic assault to serve the minimum sentence day for day, in addition to serving the difference in time actually served and the maximum sentence on probation. Authorizes the sheriff or chief administrative officer of a local jail to use an alternative facility for the incarceration of an assault offender if space is not otherwise available within 90 days of conviction. Requires the alternative facility to be approved by an appropriate county of municipal body.
Amendment
Senate amendment 1 (012935) requires the minimum sentence to be served on consecutive days. Requires every offender to serve the difference between the time actually served and the maximum sentence on probation.
Senate Status
04/02/2014 - Senate passed with amendment 1.
House Status
04/02/2014 - House passed.
Executive Status
04/22/2014 - Enacted as Public Chapter 0693 effective July 1, 2014.
Public Chapter
PC693 SB1815 / HB2326 Prostitution-penalties and defenses.
Sponsors
Sen. Doug Overbey / Rep. Jim Coley
Description
Revises definition of prostitution to create offense punishable as trafficking. Increases penalty for patronizing a prostitute under age 18 from a Class E felony to a Class A felony. Increases the penalty for patronizing a prostitute with an intellectual disability from a Class E felony to a Class B felony. Prohibits certain defenses to prosecution, including situation where minor gives consent. Also prohibits defense where subject is a police officer.
Senate Status
04/15/2014 - Senate passed.
House Status
04/16/2014 - House passed.
Executive Status
05/29/2014 - Enacted as Public Chapter 0957 effective July 1, 2014.
Public Chapter
PC957 SB2040 / HB2329 Added violent sexual offense and changes to sex offender registry.
Sponsors
Sen. Brian K. Kelsey / Rep. John J. Deberry Jr.
Description
Defines violent sexual offense to include certain criminal attempt convictions under repealed criminal attempt code provisions. Requires person who is on the sexual offender registry due to conviction from another state to remain on the registry for at least five years.
Senate Status
03/03/2014 - Senate passed.
House Status
04/07/2014 - House passed.
Executive Status
04/28/2014 - Enacted as Public Chapter 0744 effective April 21, 2014.
Public Chapter
PC744 SB2083 / HB1503 Sexual offender registration - victims under 13 years of age.
Sponsors
Sen. Mark S. Norris / Rep. John J. Deberry Jr.
Description
Creates a new sexual offender class entitled "Offender against children". Defined as any sexual offender, violent sexual offender, or violent juvenile sexual offender who has been

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convicted of a sexual offense in which the victim was a child of (13) thirteen years of age or less. Requires the offender against children to register for life.
Amendment
HOUSE AMENDMENT 1 (011845) changes the victim's age for purposes of being deemed an "offender against children" from 13 years old to 12 years old. SENATE AMENDMENT 1 (014371) adds aggravated sexual battery and any attempts of such offense to the definition of "violent juvenile sexual offense" for purposes of the sex offender registry.
Senate Status
04/07/2014 - Senate passed with amendment 1.
House Status
04/09/2014 - House concurred in Senate amendment 1.
Executive Status
05/16/2014 - Enacted as Public Chapter 0770 effective July 1, 2014.
Public Chapter
PC770 SB2084 / HB2188 Statute of limitations - rape or aggravated rape.
Sponsors
Sen. Mark S. Norris / Rep. Joe Towns Jr.
Description
Eliminates the statute of limitations for acts committed on or after July 1, 2014, that constitute the crimes of aggravated rape or rape.
Amendment
SENATE AMENDMENT 1 (013648) rewrites the bill. Repeals the statute of limitations for rape, aggravated rape, rape of a child, and aggravated rape of a child if the victim notifies law enforcement or the district attorney of the offense within three years of the offense and the offense is committed after July 1, 2014 or prior to July 1, 2014 for which the applicable statute of limitations did not expire before July 1, 2014. Otherwise, the usual applicable statute of limitations applies to offenses of rape, aggravated rape, rape of a child, and aggravated rape of a child. Adds a severability clause. Clarifies that the proposed legislation, while applying to some offenses committed prior to July 1, 2014, does not apply to offenses committed prior to July 1, 2014 for which the applicable statute of limitations has already expired. HOUSE AMENDMENT 1 (014094) rewrites the bill. Repeals the statute of limitations for rape, aggravated rape, rape of a child, and aggravated rape of a child if the victim notifies law enforcement or the district attorney of the offense within three years of the offense and the offense is committed after July 1, 2014 or prior to July 1, 2014 for which the applicable statute of limitations did not expire before July 1, 2014. Otherwise, the usual applicable statute of limitations applies to offense of rape, aggravated rape, rape of a child, and aggravated rape of a child. Adds a severability clause. Clarifies that the proposed legislation, while applying to some offense committed prior to July 1, 2014, does not apply to offenses committed prior to July 1, 2014 for which the applicable statute of limitations has already expired.
Senate Status
04/09/2014 - Senate concurred in House amendment 1.
House Status
04/07/2014 - House passed with amendment 1.
Executive Status
05/16/2014 - Enacted as Public Chapter 0836 effective April 28, 2014.
Public Chapter
PC836 SB2090 / HB1972 Extends certain restrictions to all registered sexual offenders.
Sponsors
Sen. Mark Green / Rep. Joe Pitts
Description
Extends to all registered sexual offenders certain residential, work and other restrictions that currently apply only to registered sexual offenders whose victims were minors.
Amendment
Senate amendment 1 (013073) rewrites the bill. Prohibits any sexual offender, whose victim was an adult, from knowingly establishing a primary or secondary residence or any other living accommodation, knowingly obtain sexual offender treatment or attend a sexual offender treatment program or knowingly accept employment within 1,000 feet of the property line of any public, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for

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use by the general public. SENATE AMENDMENT 2 (015917) corrects a typographical error.
Senate Status
04/10/2014 - Senate passed with amendments 1 and 2.
House Status
04/16/2014 - House passed.
Executive Status
05/29/2014 - Enacted as Public Chapter 0992 effective July 1, 2014.
Public Chapter
PC992 SB2398 / HB1860 Community notification system - sex offenders.
Sponsors
Sen. Jim Tracy / Rep. Billy Spivey
Description
Allows a county, metropolitan form of government or municipality to establish a community notification system to notify certain residences, schools and child care centers that a sex offender or violent sexual offender is residing within a certain distance of such residences, schools and child care centers. Authorizes counties to enact a notification fee up to $50 per year for each offender in the jurisdiction to defray the notification costs. Provides for the manner in which such a notification system may be instituted.
Senate Status
03/31/2014 - Senate passed.
House Status
04/03/2014 - House passed.
Executive Status
04/28/2014 - Enacted as Public Chapter 0751 effective April 21, 2014.
Public Chapter
PC751 SB2564 / HB2415 Patronizing prostitution when victim is minor - sexual offense.
Sponsors
Sen. Brian K. Kelsey / Rep. Dawn White
Description
Includes the offense of patronizing prostitution, where the victim is a minor, in the definition of "sexual offense" for purposes of sex offender registration.
Senate Status
03/10/2014 - Senate passed.
House Status
03/31/2014 - House passed.
Executive Status
04/22/2014 - Enacted as Public Chapter 0722 effective July 1, 2014.
Public Chapter
PC722
Education - 6 SB1445 / HB1383 Administration of insulin by school personnel.
Sponsors
Sen. Steven Dickerson / Rep. Cameron Sexton
Description
Adds administration of insulin to medications school personnel may volunteer to administer to students.
Amendment
SENATE AMENDMENT 1 (012288) rewrites the bill. Authorizes trained volunteer school personnel to administer daily insulin to a student based on the student's Individual Health Plan (IHP). Requires training for administering insulin to be repeated annually and competencies to be placed in the employee's personnel file twice a year. Requires training to be done by a school nurse. Authorizes school nurses to train as many volunteers that are willing to assist, but does not require any school nurse to qualify volunteers they feel are not competent. Authorizes the school nurse to encourage the use of insulin pens to reduce the number of syringes in schools when available and appropriate. Requires the student's parent or guardian to authorize the school nurse or a trained volunteer to participate in the student's diabetes care. Authorizes a local board of education or the government board of a non-public school to permit volunteer school personnel to administer insulin. Requires the Department of Health and the Department of Education to update the "Guidelines for use of Health Care Professionals and Health Care Procedures in a School Setting" for use by schools to train volunteers to administer insulin and glucagon. SENATE AMENDMENT 2

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(013844) deletes the language "this act shall take effect" from Section 6, the effective date section, and substituting instead "this act shall take effect".
Senate Status
03/10/2014 - Senate passed with amendments 1 and 2.
House Status
03/13/2014 - House passed.
Executive Status
04/14/2014 - Enacted as Public Chapter 0614 effective April 4, 2014.
Public Chapter
PC614 SB1843 / HB2212 Required report - stun gun incident.
Sponsors
Sen. Lowe Finney / Rep. Karen D. Camper
Description
Requires a report to be made when a school resource officer or other law enforcement officer discharges a Taser or other stun gun on school property. Requires the reporting be made in the same manner and using the same procedures and protocols that are applicable when an enforcement officer discharges a service firearm.
Amendment
Senate amendment 1 (013156) rewrites the bill. Establishes policies and procedures regarding use of stun guns and proper training for officers. Requires any law enforcement agency that provides a school resource officer, security officer, or other law enforcement officer to a school to have a policy regulating the use of electronic control devices.
Senate Status
03/03/2014 - Senate passed with amendment 1.
House Status
04/07/2014 - House passed.
Executive Status
04/28/2014 - Enacted as Public Chapter 0741 effective July 1, 2014.
Public Chapter
PC741 SB1864 / HB2083 Department of education - reporting requirements.
Sponsors
Sen. Reginald Tate / Rep. Harold Love Jr.
Description
Requires the department of education to report the number of student referrals by the LEAs to juvenile court in the department's annual report. Requires the referral data to be organized by schools and local school systems, and also subdivided by gender and race.
Senate Status
04/03/2014 - Senate passed.
House Status
03/24/2014 - House passed.
Executive Status
05/16/2014 - Enacted as Public Chapter 0792 effective April 25, 2014.
Public Chapter
PC792 SB1940 / HB1871 List of specific curriculum used to teach family life.
Sponsors
Sen. Jack Johnson / Rep. Jim Coley
Description
Requires each LEA that is required to provide family life curriculum to provide the department of education and the state board of education with a list of the specific curriculum used to teach the family life curriculum. Requires the report to include the name, position, and contact information of every individual, non-LEA employee or organization authorized to teach the family life curriculum.
Amendment
SENATE AMENDMENT 1 (013407) deletes all language of the original bill. Changes the definition of gateway sexual activity for the purpose of the family life curriculum. Deletes requirement that family life curriculum exclusively promote sexual risk avoidance through abstinence. Requires family life curriculum to specify that education on sexually transmitted diseases include HIV/AIDS.
Senate Status
03/27/2014 - Senate passed with amendment 1.
House Status
04/14/2014 - House passed.
Executive Status
05/16/2014 - Enacted as Public Chapter 0878 effective May 1, 2014.
Public Chapter
PC878 SB2356 / HB2079 LEAs' policies on bullying - reporting requirements.

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Sponsors
Sen. Steven Dickerson / Rep. Jason Powell
Description
Requires each LEA to submit its policy prohibiting harassment, intimidation, bullying or cyber-bullying to the commissioner of education by January 1, 2015, and annually thereafter. Also requires an LEA to transmit any revisions of the policy to the commissioner of education with the revisions clearly highlighted. Broadly captioned.
Amendment
Senate amendment 1 (014238) rewrites the bill. Broadens the list of offenses that prohibits an employer or employee of an entity that contracts a service to a school or child care program from coming into contact with school children or with children in a child care program after a criminal investigation finds that such individual has committed such offense.
Senate Status
04/03/2014 - Senate passed with amendment 1.
House Status
04/09/2014 - House passed.
Executive Status
05/16/2014 - Enacted as Public Chapter 0844 effective April 28, 2014.
Public Chapter
PC844 SB2421 / HB2294 Curriculum materials that focus on child sexual abuse.
Sponsors
Sen. Doug Overbey / Rep. Mark White
Description
Urges the departments of education and children's services to work together to enhance or adapt curriculum materials that focus on child sexual abuse, including such abuse which may occur in the child's home.
Amendment
SENATE AMENDMENT 2 (015126) makes the bill. Declares this act as "Erin's Law" and states that a child's home environment is the place where a majority of child sexual abuse occurs. Corrects grammatical errors.
Senate Status
03/24/2014 - Senate passed with amendment 2.
House Status
03/27/2014 - House passed.
Executive Status
04/22/2014 - Enacted as Public Chapter 0706 effective July 1, 2014.
Public Chapter
PC706
Family Law - 4 SB1488 / HB1851 Modification of child custody factors.
Sponsors
Sen. Mike Bell / Rep. Harry Brooks
Description
Requires parenting plans to be notarized by the party or parties submitting the plan. Enhances parental rights concerning child custody orders. Alters child custody determination factors. Makes such child custody determination factors applicable to determinations concerning relocation and establishment of residential schedules. Broadly captioned.
Amendment
SENATE AMENDMENT 1 (012327) deletes the prohibition of a parent exercising parenting time from remaining in a room or listening in on a telephone conversation between the child and the other parent. Includes parental access to individual student records or grades that are available online. Requires the court to consider the likelihood of each parent and caregiver to honor and facilitate court ordered parenting arrangements and rights and the history of either parent or any caregiver denying parenting time to either parent in violation of a court order. Removes the parent's ability to instruct, inspire and encourage the child to prepare for a life of service, and to compete successfully in society as one of the factors the court must consider when determining custody arrangements. HOUSE AMENDMENT 2 (013688) specifies that the provisions regarding notice of activities of the child includes notice of all activities as to which parental participation or observation would be appropriate.

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Senate Status
03/13/2014 - Senate concurred in House amendment 2.
House Status
03/06/2014 - House passed with amendment 2.
Executive Status
04/14/2014 - Enacted as Public Chapter 0617 effective July 1, 2014.
Public Chapter
PC617 SB1622 / HB1418 Changes post-custody to extensions of foster care.
Sponsors
Sen. Mark S. Norris / Rep. Gerald McCormick
Description
Replaces the term "post custody" with "extension of foster care" in statutory references, post-custody services advisory council and post-custody services for young adults who are transitioning from foster care to independence. (Part of Administration Package)
Senate Status
02/10/2014 - Senate passed.
House Status
02/20/2014 - House passed.
Executive Status
03/19/2014 - Enacted as Public Chapter 0508 effective March 6, 2014.
Public Chapter
PC508 SB1885 / HB1766 Requirements for in loco parentis decision-making for a minor child.
Sponsors
Sen. Doug Overbey / Rep. Vince Dean
Description
Establishes requirements for in loco parentis, in the place of a parent, medical decision- making for a minor child, in the absence or unavailability of that minor child's parent or legal guardian. Requires a person standing in loco parentis to sign an in loco parentis affidavit under penalty of perjury stating that they have taken responsibility for the health care of the minor child. Exempts a person standing in loco parentis from civil liability for damages unless there is willful misconduct or gross negligence. Exempts a healthcare professional or provider licensed to practice or operate in this state who relies on an authorization affidavit and provides health care to an unemancipated minor from civil liability, criminal culpability, or professional disciplinary action for treating that minor if a reasonable healthcare professional or provider would have done so under the same or similar circumstances. Extends the power of attorney signature provision which required that the power of attorney for care of the minor child be signed by the parent or legal guardian and acknowledged before a notary public and now also allowing two witnesses to sign and date their signatures concurrently and in each other's presence.
Amendment
SENATE AMENDMENT 1 (012788) rewrites the bill. Redefines certain terms. Provides that when an individual listed in subdivision (b)(1) is not reasonably available, the following may stand in loco parentis for purpose of making health care decisions for an unemancipated minor in order of priority: (i) noncustodial parent; (ii) grandparent; (iii) adult sibling; (iv) stepparent; (v) another adult family member; or (iv) competent adult. Clarifies who may not stand in loco parentis. Provides that the affidavit shall expire 60 days from the date of execution, and may be extended an additional 60 days. HOUSE AMENDMENT 1 (013295) rewrites the bill. Authorizes the power of attorney for care of a minor child to be signed by two witnesses instead of a notary public. Defines "health care", "health care decisions", "health care institution", "health care provider", and "reasonably available" as currently defined in Tenn. Code Ann. § 68-1-1802. Authorizes non-custodial parents, grandparents, adult siblings, stepparents, or other adult family members when standing in loco parentis to make health care decisions for an unemancipated minor in the absence of a guardian or legal custodian, or an individual who has been given a power of attorney for the care of the child. Prohibits the treating health care provider or employee, an operator or employee of a health care institution, or an employee of the operator of a health care institution from standing in loco parentis. Requires the adult standing in loco parentis to sign an affidavit stating that the person has taken responsibility for the health care of the

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child. Authorizes a person standing in loco parentis to exercise existing parental rights to obtain medical records and information. Prohibits a person standing in loco parentis from consenting on behalf of the minor to withhold or withdraw life sustaining procedures; to an abortion; to sterilization; to psychosurgery; to admission to a mental health facility for a period longer than the durational limits in statute; or to mental health treatment for a minor 16 years of age or older. Grants immunity for a person standing in loco parentis from being liable for damages except for acts of willful misconduct or gross negligence. Grants health care providers immunity from civil liability, criminal culpability, or professional disciplinary actions for treating an unemancipated minor without legal consent when relying on a written instrument that is consistent with the requirements set forth in the bill.
Senate Status
03/27/2014 - Senate concurred in House amendment 1.
House Status
03/20/2014 - House passed with amendment 1.
Executive Status
04/22/2014 - Enacted as Public Chapter 0696 effective July 1, 2014.
Public Chapter
PC696 SB2112 / HB1505 DCS disclosure regarding fatality of a child.
Sponsors
Sen. Doug Overbey / Rep. John J. Deberry Jr.
Description
Requires the department of children's services, in the case of a child fatality where the child was the subject of an ongoing investigation or where an initial investigation indicates that death may have resulted from child abuse or neglect, to immediately release information disclosing the child's age and gender, the history of the department's involvement with the child's family and a brief summary of the known circumstances surrounding the death. Requires the department to release a full report after the conclusion of its investigation, indicating any action taken by the department or the district attorney general.
Amendment
House amendment 1 (013184) requires DCS to release the child's age, gender, and a history of the department's involvement with the child within five business days of the child's fatality as a result of abuse or neglect. Requires department, at the closure of DCS's investigation, to release the final disposition of the case, whether the case meets criteria for a child death review, and the full case file. Requires the department to release a full case file following final classification of a child abuse or neglect near fatality. Authorizes the redaction of any case file to comply with current confidentiality requirements.
Senate Status
04/09/2014 - Senate passed.
House Status
04/07/2014 - House passed with amendment 1.
Executive Status
05/16/2014 - Enacted as Public Chapter 0771 effective July 1, 2014.
Public Chapter
PC771
Government Organization - 4 SB1538 / HB1633 Sunset-extends the domestic violence state coordinating council.
Sponsors
Sen. Mike Bell / Rep. Judd Matheny
Description
Sunsets the domestic violence state coordinating council on June 30, 2015.
Amendment
House amendment 1 (013045) extends the council to 2018, reconstitutes the council, lessens the number of members to 23, removes the authority of the council to appoint up to nine of its own members, and removes one judge and one coalition member. Makes various other changes to the councils creation language and definitions.
Senate Status
04/08/2014 - Senate passed.
House Status
03/20/2014 - House passed with amendment 1.
Executive Status
05/16/2014 - Enacted as Public Chapter 0779 effective July 1, 2014.

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Public Chapter
PC779 SB2380 / HB2266 Poverty task force.
Sponsors
Sen. Lowe Finney / Rep. Raumesh Akbari
Description
Establishes a poverty task force to assess the current and future impact of poverty on residents of the state and to develop a strategy to mobilize a state response to the poverty crisis.
Amendment
Senate Amendment 1, House amendment 1 (014322) rewrites the bill. Requires the commissioner of the department of human services to complete a study of poverty in the state, including implications and potential solution strategies, with feedback from departments, agencies, and selected non-governmental organizations serving the affected populations. Establishes the information to be analyzed, reviewed, and considered in the study. Requires DHS to submit its findings and recommendations to the Governor and the General Assembly in the form anti-poverty plan on January 15, 2015.
Senate Status
04/15/2014 - Senate passed with amendment 1.
House Status
04/15/2014 - House passed.
Executive Status
05/29/2014 - Enacted as Public Chapter 0934 effective May 16, 2014.
Public Chapter
PC934 SB2389 / HB2203 Sunset - department of children's services.
Sponsors
Sen. Mike Bell / Rep. Judd Matheny
Description
Sunsets the department of children's services on June 30, 2017.
Senate Status
03/31/2014 - Senate passed.
House Status
03/17/2014 - House passed.
Executive Status
04/17/2014 - Enacted as Public Chapter 0680 effective April 14, 2014.
Public Chapter
PC680 SB2390 / HB2204 Sunset - council on children's mental health care.
Sponsors
Sen. Mike Bell / Rep. Judd Matheny
Description
Sunsets the council on children's mental health care on June 30, 2018.
Senate Status
02/24/2014 - Senate passed.
House Status
03/03/2014 - House passed.
Executive Status
03/25/2014 - Enacted as Public Chapter 0552 effective March 17, 2014.
Public Chapter
PC552
Health Care - 8 SB1631 / HB1427 Civil liability immunity - certain opioid drug overdoses.
Sponsors
Sen. Mark S. Norris / Rep. Gerald McCormick
Description
Authorizes a health care practitioner who is licensed to prescribe an opioid antagonist, acting in good faith, to provide an opioid antagonist prescription for a person at risk of experiencing an opiate-related overdose, or for a family member, friend, or a person who is in a position to assist a person at risk of experiencing an opiate-related overdose. Allows an individual who receives an opioid antagonist that was prescribed under this bill, to administer it to another person if they exercise reasonable care in administering the drug and in good faith believe that the other person is experiencing an opioid related overdose. Requires the commissioner of health to create and maintain an online education program with the goal of educating laypersons on the administration of opioid antagonists and the techniques for dealing with opiate-related drug-overdoses. Provides immunity from civil

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liability for the practitioner and the person administering the drug, unless there is a showing of gross negligence or willful misconduct, and gives the practitioner immunity from disciplinary or adverse administrative actions. (Part of Administration Package)
Senate Status
02/10/2014 - Senate passed.
House Status
03/17/2014 - House passed.
Executive Status
04/14/2014 - Enacted as Public Chapter 0623 effective July 1, 2014.
Public Chapter
PC623 SB1819 / HB1713 Deletes the Intractable Pain Treatment Act.
Sponsors
Sen. Janice Bowling / Rep. Ryan Williams
Description
Deletes the Intractable Pain Treatment Act which states that a patient suffering from severe chronic intractable pain has the option to request or reject the use of any or all modalities in order to relieve such patient's severe chronic intractable pain.
Senate Status
03/19/2014 - Senate Health & Welfare Committee deferred to 03/26/14.
House Status
03/17/2014 - House passed. SB1820 / HB1966 Revises the Intractable Pain Treatment Act.
Sponsors
Sen. Janice Bowling / Rep. Ryan Williams
Description
Revises the Intractable Pain Treatment Act to promote more appropriate use of controlled substances.
Senate Status
03/19/2014 - Taken off notice in Senate Health & Welfare Committee.
House Status
01/29/2014 - Referred to House Health Subcommittee. SB1832 / HB1466 Identification requirements - certain drugs are dispensed.
Sponsors
Sen. Ken Yager / Rep. Bob Ramsey
Description
Establishes that a valid government issued photo identification must be presented to a pharmacist, pharmacy technician, pharmacy intern, or clerk designated by a pharmacist, unless the person is personally known by the pharmacy personnel, to dispense a prescription for more than a seven day supply for any Schedule II-IV opioid, benzodiazepine, barbiturate or carisoprodol, and requires the pharmacy to verify that the person retrieving the dispensed prescription is the same person pictured on the identification presented, but they are not required to be the same person for whom the prescription is written. Requires the pharmacy to maintain a retrievable record of sale which will include: the name, address, identification type and number, prescription number and initials or code of the pharmacist, pharmacy technician, pharmacy intern or designated clerk, and should be readily retrievable within 24 hours.
Amendment
Senate amendment 1 (014364) rewrites the bill. Requires dispensers to request identification for Schedule II-IV opioid, benzodiazepine, zolpidem, barbiturate, and carisoprodol medications for greater than a 7 day supply. Exceptions to ID requirements are specified. Violations will be subject to a civil penalty assessed by the provider's licensing board.
Senate Status
04/08/2014 - Senate passed with amendment 1.
House Status
04/14/2014 - House passed.
Executive Status
05/16/2014 - Enacted as Public Chapter 0872 effective July 1, 2014.
Public Chapter
PC872 SB1833 / HB2229 Patient notice regarding prescription of opiates.
Sponsors
Sen. Ken Yager / Rep. Kent Calfee
Description
Deletes the requirement that physicians who refuse to prescribe opiate medication must inform patients of alternative physicians whose treatment of severe chronic intractable pain

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includes the use of opiates.
Senate Status
03/19/2014 - Senate Health & Welfare Committee deferred to 03/26/14.
House Status
04/14/2014 - House passed. SB1886 / HB1788 Providing information on infant cardiopulmonary resuscitation.
Sponsors
Sen. Dolores R. Gresham / Rep. Jeremy Faison
Description
Revises the list of medical providers who must make available information concerning infant CPR to at least one caregiver or parent of a newborn infant to consist of the following: an obstetrical provider who treats a prenatal patient on at least two different occasions; a hospital or birthing center where a baby is born, and such information must be provided before the newborn is discharged; a primary care provider who treats a newborn in an ambulatory care setting within 28 days after the date of birth.
Senate Status
02/10/2014 - Senate passed.
House Status
03/10/2014 - House passed.
Executive Status
03/31/2014 - Enacted as Public Chapter 0594 effective July 1, 2014.
Public Chapter
PC594 SB2000 / HB1939 Drug prescription requirements.
Sponsors
Sen. Ken Yager / Rep. Bill Dunn
Description
Requires signature and valid identification from patients before health care providers dispense benzodiazepine or opioids. Expands the definition of "pain management clinics" and adds "chronic non-malignant pain treatment." Directs commissioner of health to promulgate rules regarding drug screening and compliance plan.
Amendment
SENATE AMENDMENT 1 (013390) rewrites the bill. Defines "chronic non-malignant pain treatment" and redefines "pain management clinic" in statute and the type of services offered by a pain management clinic. Specifies that the urine drug screening conducted by providers in accordance with a written drug screening compliance plan are to be pursuant to the rules promulgated by the department of health.
Senate Status
03/17/2014 - Senate passed with amendment 1.
House Status
03/27/2014 - House passed.
Executive Status
04/22/2014 - Enacted as Public Chapter 0700 effective July 1, 2014.
Public Chapter
PC700 SB2377 / HB2123 Required suicide prevention training.
Sponsors
Sen. Douglas Henry Jr. / Rep. Mike Stewart
Description
Enacts the "Kenneth and Madge Tullis, JD, Suicide Prevention Training Act of 2014" which requires the department of mental health and substance abuse services, in collaboration with the Tennessee Suicide Prevention Network, a model list of training programs in suicide assessment, treatment, and management. Requires social workers, marriage and family therapists, alcohol and drug abuse counselors, psychologists and other professionals to complete a training program in suicide assessment, treatment, and management at least once every six years, beginning January 1, 2016.
Senate Status
03/17/2014 - Taken off notice in Senate Health & Welfare Committee.
House Status
03/18/2014 - Taken off notice in House Health Subcommittee.
Judiciary - 3 SB583 / HB477 Juvenile offenders - cannot attend victim's school.
Sponsors
Sen. Ferrell Haile / Rep. Courtney Rogers

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Description
Requires the court, when the court enters a no contact order on a child, to send a copy of the no contact order to the principal of the school. Prohibits a child from attending the same school that the victim attends when a no contact order has been issued unless the victim and the victim's parents consent to the attendance.
Amendment
House amendment 1 (013459) makes the bill. Adds additional language from DCS to the bill. DCS as an LEA is exempt from the provisions of this bill. Gives judges the authority to issue orders of all types and in consultation with school officials they can reassign schools for certain children who's attendance in the same school may result in further disruptive consequences dealing with severe offenses such aggravated assault and sexual battery. Provides that there will be a presumption in favor of a court order prohibiting the defendant from attending the same educational placement of the victim managing the safety of the victim and school.
Senate Status
04/09/2014 - Senate passed.
House Status
03/24/2014 - House passed with amendment 1.
Executive Status
05/16/2014 - Enacted as Public Chapter 0757 effective April 24, 2014.
Public Chapter
PC757 SB2091 / HB1838 Orders of Protection.
Sponsors
Sen. Mark Green / Rep. John C. Tidwell
Description
Permits a clerk to transmit an order of protection to the sheriff of a county other than the county where the order was issued by facsimile or other electronic transmission, in order to complete service of process in a timely manner.
Senate Status
03/10/2014 - Senate passed.
House Status
04/16/2014 - House passed.
Executive Status
05/29/2014 - Enacted as Public Chapter 0993 effective May 22, 2014.
Public Chapter
PC993 SB2485 / HB2317 Conservatorship - records and termination.
Sponsors
Sen. Ferrell Haile / Rep. Gary Odom
Description
Prohibits a court from sealing conservatorship records including the respondent's health and financial information. Permits respondent to select the physician, psychologist, senior psychological examiner or other specialist who will examine respondent to determine if conservatorship should be terminated.
Amendment
House amendment 1 (014042) deletes all language after the enacting clause. Gives respondents in conservatorship hearings the right to present evidence from a physician, psychologist, or senior psychologist. Requires any protection order that places respondent's financial information under seal to allow access to such information relative to the fees and expenses of the conservatorship.
Senate Status
04/08/2014 - Senate passed.
House Status
04/07/2014 - House passed with amendment 1.
Executive Status
05/16/2014 - Enacted as Public Chapter 0799 effective July 1, 2014.
Public Chapter
PC799
Media & Publishing - 1 SB2254 / HB2361 Confidentiality - victims of sexual offenses.
Sponsors
Sen. Becky Duncan Massey / Rep. Mary Littleton
Description
Prohibits the disclosure of identifying information regarding alleged victims of sexual offenses, including the name, address, and telephone number. Prohibits any report, picture,

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video or document that identifies an alleged victim of a sexual offense, from being made available for public viewing or inspection. Permits the disclosure of personal information to any person or agency that has a court order, written consent or approval from the victim or the district attorney general of the judicial district where the alleged offense occurred, is seeking to further the interests of public safety or a criminal investigation. States if permission is granted to defendant's attorney, they cannot disclose any personal information to the defendant or any other person other than the name of the alleged victim, unless granted leave to do so by the district attorney general or a court of competent jurisdiction. Allows a court to order any restrictions it deems necessary and proper. Permits the court to decide whether or not to exclude the public from any stage of a civil or criminal proceeding. Broadly captioned.
Amendment
House Amendment 2 (015601) deletes all language after the enacting clause. Requires, when a defendant has plead guilty to or is convicted of a sexual offense or violent sexual offense, certain information regarding the victim shall be treated as confidential and not open for inspection by members of the public. Authorizes the victim at any time to waive their right to confidentiality. Requires the district attorney general to inform such victims of their right to confidentiality or to waive such right. SENATE AMENDMENT 1 (015726) deletes all language after the enacting clause. Requires, when a defendant has plead guilty to or is convicted of a sexual offense or violent sexual offense, certain information regarding the victim to be treated as confidential and not open for inspection by members of the public. Authorizes the victim at any time to waive their right to confidentiality. Requires the district attorney general to inform such victims of their right to confidentiality or to waive such right.
Senate Status
04/09/2014 - Senate passed with amendment 1.
House Status
04/10/2014 - House concurred in Senate amendment 1.
Executive Status
05/16/2014 - Enacted as Public Chapter 0804 effective April 25, 2014.
Public Chapter
PC804
Property & Housing - 1 SB1634 / HB1430 Community Safety Act - gang-related nuisances.
Sponsors
Sen. Mark S. Norris / Rep. Gerald McCormick
Description
Establishes that certain petitions for the abatement of gang related conduct may be brought against the gang itself to which the gang members belong. Permits discovery in cases of abatement for nuisances under the rules of civil procedure in certain situations. Provides that gang related activities do not require a criminal conviction or a finding of juvenile delinquency in order for such activities to qualify for abatement. Permits the abatement of gang related activities through the testimony of a fact witness, an expert witness, or a combined fact-expert witness pursuant to the rules of evidence. Establishes that such an abatement order prohibits the defendant or defendants from engaging or abetting the nuisance of the gang related activity. Authorizes the court, in the case of gang abatement, to designate a certain geographical area where gang members are prohibited from meeting in groups of two or more and where they are prohibited from entering because they have previously been found carrying out operations there. Provides an "opt out" provision in all gang injunctions where the gang member is allowed to take certain steps to seek a dismissal from the injunction. Such steps include not associating with any person found to be a gang member who is not a family member for two years, and not committing any crimes or spending any time incarcerated for two years. (Part of Administration Package)
Amendment
Senate amendment 1 (015763) changes the burden of proof for proving a criminal gang as a

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nuisance from preponderance of the evidence to clear and convincing evidence. Adds a section that authorizes a petitioner to add individuals to an injunction who were not specifically named in the original injunction. Deletes "may" from Section 5 (d)(3) of amendment 015288 and replaces it with "shall" relative to a person added to the injunction after the fact being subject to Tenn. Code Ann. 29-3-111 for any conduct occurring after the date the person is added to the injunction. Makes certain technical corrections. Adds a new section that requires the Commissioner of Safety to report to the General Assembly information about the implementation of the act and other relevant data.
Senate Status
04/08/2014 - Senate passed with amendment 1.
House Status
04/14/2014 - House passed.
Executive Status
05/16/2014 - Enacted as Public Chapter 0865 effective July 1, 2014.
Public Chapter
PC865
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