Capitol Hill Update from State Representative David Byrd September 1, 2021

   Constitutional Challenges / State Statutes– Public Chapter 566 creates a mechanism for a three-judge panel to hear a challenge regarding the constitutionality of a state statute, an executive order or an administrative rule or regulation. The Supreme Court will select two trial court judges of courts of record to sit with the judge to whom the civil action was originally assigned as the three-judge panel to hear and decide the civil action. The panel will sit in the Supreme Court Building in the grand division in which the civil action was filed, unless a location is otherwise designated by the Supreme Court. 

   Courts / Challenges to the Constitutionality of State Statutes – Public Chapter 564 gives the State Attorney General the right to immediately file an appeal regarding a court decision to enjoin a state law based on its constitutionality. It speeds up the process to the higher court so the issue can be resolved timelier rather than leaving it in limbo. 

   Police Officers / Use-of-Force Policies –Public Chapter 489 improves law enforcements policies to ensure officers continue to excel in their role of keeping Tennesseans safe based on recommendations from Gov. Lee’s Use-of-Force Policies Committee. It bans chokeholds unless an officer believes deadly force is authorized; requires chokehold training be taught at police academies; requires law enforcement agencies to develop de-escalation policies; requires other officers to intervene in cases of excessive force; prohibits firing at moving vehicles unless the officer believes deadly force is authorized; and prohibits the issuance of “no-knock” warrants. 

   Police Officers / Spencer Bristol Act / Evading Arrest – Public Chapter 278 increases protections for police officers by strengthening penalties for criminals who evade arrest. If evading arrest results in serious bodily injury of a law enforcement officer, the penalty is increased to a Class C felony, punishable by 3 to 15 years in prison. The sentence is increased to a Class A felony, punishable by 15 to 60 years in prison, if the offense results in the death of a law enforcement officer. 

   Protecting First Responders / Murder of – Public Chapter 528 and Public Chapter 394 ensures someone who murders a first responder with targeted intent for the job they do will be charged and punished as a terrorist for their crime, including punishment of life without parole or the death penalty. 

   Supporting Law Enforcement Officers –Public Chapter 439 supports the brave men and women who protect Tennesseans by offering a reward for information leading to the arrest of any individual responsible for the shooting of a law enforcement officer in the line of duty. It would provide a $10,000 reward to the individual providing the information if the law enforcement officer is injured, and a $20,000 reward if the officer is killed. It will also help to bring justice to victims.  

   As always, I am truly humbled and honored to be your voice on Capitol Hill. If there is ever any issue I can assist with, please reach out to my office by calling 615-741-2190 or emailing me at [email protected]