Senator Joey Hensley, MD

The 113th General Assembly has adjourned for 2024, 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.

Public Safety / Crime

Jillian’s Law / SB 1769

Jillian’s Law passed which requires criminal defendants deemed incompetent to stand trial to be committed to an appropriate treatment facility.

The legislation came from the murder of Jillian Ludwig, an 18-year-old Belmont University freshman who was fatally shot while walking in a Nashville park on Nov. 7, 2023.

Her killer, Shaquille Taylor, was a repeat violent offender who was deemed incompetent to stand trial for committing aggravated assault with a deadly weapon in April 2023.

Because of this finding, Taylor was released from custody and went on to murder Jillian Ludwig later that year.

The law also requires individuals deemed incompetent to stand trial to be entered into the National Instant Criminal Background Check System which serves as a database of people prohibited from buying or owning firearms.

Denying bail for violent crimes / SJR 919

This year, the General Assembly passed a resolution proposing to amend the state constitution to expand judges’ ability to deny bail for certain violent crimes when it is in the best interest of public safety.

Current law limits judges’ ability to deny bail to first-degree murder charges.

If ratified by voters, the measure would add the following criminal charges that can be denied bail:

Violent offenses of terrorism

Second-degree murder

Aggravated rape

Grave torture

It also would allow judges to deny bail for violent offenses that would require the defendant, if convicted, to serve at least 85 percent of their entire sentence under the state’s Truth in Sentencing law.

Under the measure judges could only deny bail when the proof is evident or the presumption of guilt is great.

The reasoning for denying bail must also be put into the record.

This constitutional amendment passed its first of two required passages by the General Assembly.

How Constitutional amendments work

In order to ratify the constitution, a constitutional amendment must pass the general assembly twice. The first time it must pass with a simple majority voting in favor. The second time it must pass the next General Assembly by a two-thirds majority.

Finally, the amendment would become part of the state constitution if the number of yes votes are equal to a majority of the total votes in the following gubernatorial election.

Prohibiting ‘Ability to Pay’ to determine bail / SB 2565

A new law ensures that a defendant’s ability to pay is not used as a determining factor when setting bail.

This law is in response to Shelby County’s new Bail Hearing Room and intended to prevent them from recklessly releasing criminals without bond based on an “Ability to Pay Calculator” to set bail.

Prioritizing safety when setting bail / SB 2562

This law requires judges to prioritize the safety of communities when setting bail for defendants.

Other factors that will still be considered include: the likelihood of appearing for their court date, nature of offense, and apparent probability of conviction.

Under this legislation, the community will be put first when considering bail determinations for those charged with a crime.

Prohibiting local restrictions on routine traffic stops / SB 2572

This year, we passed legislation that will ensure law enforcement can conduct routine traffic stops as part of their efforts to protect public safety.

The law is in response to The Memphis City Council passing a resolution to prohibit Memphis Police from conducting routine traffic stops.

Routine traffic stops are a proven means of catching violent offenders, drug traffickers, and other dangerous criminals.

DA Second Opinion Act / SB 1802

We passed a law that permits a neighboring District Attorney to prosecute certain county crimes if the DA in the district where the offense took place refuses to prosecute.

This law requires law enforcement to report certain major criminal investigations to District Attorneys in neighboring counties.

The law gives law enforcement officials more options.

Contact Senator Hensley at

425 5th Avenue North, Suite 746

Nashville TN 37243

615-741-3100

Toll Free 1-800-449-8366

ext. 13100

Fax 615-253-0231

855 Summertown Highway

Hohenwald TN 38462

Phone 931-796-2018

Cell Phone 931-212-8823

E-mail:

[email protected]