Senator Joey Hensley, MD; Tennessee 28th District Capitol Hill Week in Review

The 112th General Assembly has adjourned for 2022, and it was a very successful year. We have taken measures for Tennessee to be a better place to live, work and to raise a family. I will go over the laws passed this session over the next few weeks.

Truth in Sentencing – To protect victims of crime and provide true accountability for those who commit crimes, a new law requires a person convicted of certain offenses to serve 100% of the sentence imposed before becoming eligible for release. It ensures criminals convicted of eight different offenses would have to serve 100% of their sentence undiminished by any sentence reduction credits for which the person is eligible or earns. These eight offenses include: attempted first degree murder, second degree murder, vehicular homicide, especially aggravated kidnapping, especially aggravated robbery, carjacking, and especially aggravated burglary. A person convicted of one of these eight offenses could still earn credits that can be used for increased privileges, reduced security classification, or for any purpose other than the reduction of the sentence imposed by the court. Under the legislation, another 16 offenses require 100% of the sentence to be served unless the inmate earns a satisfactory program performance. In these cases, a person can receive credits for a GED or job training. These credits could be used for parole eligibility once a person has served a minimum of 85% of their sentence.

Increasing transparency in sentencing - Under a new law victims and their families will be better informed about how much time an offender will serve at the time of sentencing. It requires all Tennessee courts to place on the record the estimated number of years and months to be served before a criminal is eligible for parole, as well as the reason for the sentence and enhancements. Currently, when a criminal defendant is being sentenced, it is unknown when that criminal defendant is going to be released unless they are required to serve a 100% sentence without credits.

Transparency in Sentencing is necessary to create true accountability for the criminal justice system. Victims and the general public need to have all information possible. This transparency will help mitigate any false sense of security victims might previously have felt after hearing a ‘full’ sentence imposed.

Cracking down on child abusers – A new law strengthens penalties for emotional and mental abuse or neglect of children at an unlicensed child care facility. It addresses an incident in East Tennessee, when 23 children were found at an unlicensed child care facility, in a garage and restrained in car seats and high chairs for most of the day. Because no physical abuse had occurred, the punishment for those operating this facility was not as severe as it should have been. The new law enhances the penalty to a Class E felony for any person operating an unlicensed child care facility and found guilty of abuse, neglect or endangerment of a child.

Restitution for children of victims of DUI - In the event a parent of a minor child is killed by an intoxicated driver, a new law requires the convicted offender to pay restitution in the form of child maintenance to each of the victim’s children until each child reaches 18 years of age and has graduated from high school or the class of which the child is a member has graduated. The bill requires the court to determine a reasonable payment after considering factors including the financial needs of the child and the financial needs of the surviving parent, among other criteria.

Protecting victims of crime - A new measure allows a court to revoke probation or parole for an offender who committed a misdemeanor or a felony if the offender commits a technical violation. The legislation clarifies what constitutes a technical violation. Additionally, it clarifies that contacting a victim is not a technical violation.

Cracking down on mail-order abortions - A new law creates criminal and civil penalties for anyone who provides abortion-inducing drugs through telemedicine and subsequently supplies those drugs via courier, delivery or mail service. Abortions via mail have become increasingly common since the Federal Drug Administration approved telehealth and mail distribution of abortion-inducing drugs in 2020. Current law in Tennessee already bans mail-order abortions. The new law strengthens current law and patient safety measures by putting further restrictions on the use of telemedicine and courier delivery. The measure intends to keep patients from developing serious, life-threatening complications during an unsupervised chemical abortion at home. It creates a Class E felony for anyone who intentionally, knowingly, or recklessly violates this act. Failure to comply with this act provides a basis for a civil action against a healthcare provider.

Joe Clyde Daniels Act – Under a new law, convicted murderers will have a harder time being granted parole if they do not disclose the location of their victim’s remains. The Joe Clyde Daniels Act requires the board of parole to consider the extent to which the offender obstructed or continues to obstruct the ability of law enforcement to recover the remains of the victim when deciding cases involving an offender convicted of homicide.

The bill was prompted by the disappearance of 5-year-old Joe Clyde Daniels from his home in Dickson on April 4, 2018. His father, Joseph Daniels, was convicted of murder in June. However, the child’s remains have never been found. It helps ensure victims can receive a proper burial.

Increasing penalties for boating under the influence - To help keep Tennessee waterways safe, a new law increases penalties for boating under the influence. Called “Nicholas’s Law,” it makes a boating under the influence conviction equal to that of driving under the influence for the purpose of determining whether the offender is a repeat offender. In other words, if someone is convicted of boating under the influence and is later convicted of driving under the influence, they could be punished the same as if they were guilty of two DUIs.

Human trafficking - To crack down on criminals who traffic children, a new law will expand the criteria for what qualifies as Class A felony offense of trafficking for a commercial sex act. Under the new law a trafficker will be charged with a Class A felony if the victim is under the age of 18. Under previous statute the victim had to be under 15 for the Class A felony charge to apply. It also creates a Class A felony offense of aggravated trafficking for a commercial sex act, and requires those convicted to serve 100% of any s Strengthening punishment for violent felony offenses — A new law requires individuals that have been convicted of first-degree murder, the perpetration or attempted perpetration of rape, rape of a child and aggravated rape of a child to be sentenced to death or life in prison without the possibility of parole.

Protecting victims of child abuse - To protect children who are victims of continuous sexual abuse, a new law was passed this year to require a court to revoke bail for a defendant who is convicted of such crimes. “Continuous” is defined as three or more acts of abuse within 90 days.

Protecting against sex offenders - A new law prohibits a sexual offender, violent sexual offender, or a violent juvenile sexual offender from renting or offering to rent a swimming pool, hot tub or other body of water used for swimming. Violating this law would be a Class A misdemeanor.

New offenses for heinous crimes - Criminals who commit particularly heinous, worst-of-the-worst crimes will now face new offenses with stronger penalties. A new law creates offenses for especially aggravated rape, especially aggravated rape of a child, and grave torture. The crimes are punishable by the death penalty or imprisonment for life without the possibility for parole.