Tennessee Firearms Association, Inc. Legislative Action Committee
Substantially all of the firearms related bills are assigned to the House Judiciary Criminal Practices subcommittee. That committee has asked that all firearms related bills be set for a one (1) hour session on March 10, 2010, at 11:00 a.m. CST. This is the preliminary calendar for that day.
Wednesday, March 10, 2010 – HHR31 – 11:00 AM
Watson, Chair; Sontany, Vice-Chair;
Bass, Camper, Matheny, Rich
1. HB 1801 by *West (*SB 1615 by *Beavers)
Handgun Permits – As introduced, provides that “handgun carry permit” may be used interchangeably with “weapon carry permit” where applicable, thereby imposing any rights or duties that apply to persons with a handgun carry permit to persons who carry a lawful weapon. – Amends TCA Title 39, Chapter 17, Part 13.
Fiscal Summary: MINIMAL
2. HB 1805 by *West (*SB 1619 by *Beavers)
Handgun Permits – As introduced, exempts holder of handgun carry permit from prohibition against carrying a firearm in any public park, playground, civic center, or other public recreational area or facility. – Amends TCA Title 39, Chapter 17, Part 13.
Fiscal Summary: (CORRECTED)
Increase State Expenditures – $38,200/One-Time
Increase Local Expenditures – Exceeds $50,000/One-Time*
3. HB 1806 by *West (*SB 1622 by *Beavers)
Handgun Permits – As introduced, allows non-student adult who has a permit to carry a handgun to carry gun onto school grounds if gun remains within private vehicle and is not handled by the adult or a person acting with the adult’s consent. – Amends TCA Title 39, Chapter 17, Part 13.
Fiscal Summary: Decrease State Revenue – Not Significant
Decrease State Expenditures – Not Significant
Decrease Local Revenue – Not Significant
Decrease Local Government Expenditures – Not Significant
4. HB 1807 by *West (*SB 0576 by *Jackson)
Handgun Permits – As introduced, allows person who has permit to carry a handgun to carry gun in place where alcohol is served for consumption on premises if person is not consuming alcohol or is not otherwise prohibited by posting provisions. – Amends TCA Title 39, Chapter 17, Part 13.
Fiscal Summary: Increase Local Revenue – Not Significant
Increase Local Expenditures – Not Significant
5. HB 1808 by *West, Fincher (*SB 1620 by *Beavers)
Firearms and Ammunition – As introduced, extends from 60 to 90 days the amount of time that a permit holder has to notify the department of safety that the holder’s address has changed. – Amends TCA Title 39, Chapter 17.
Fiscal Summary: State Revenue – Net Impact – Not Significant
State Expenditures – Net Impact – Not Significant
6. HB 1809 by *West, Fincher (*SB 1621 by *Beavers)
Firearms and Ammunition – As introduced, clarifies that rules concerning weapons shall be subject to review by the house and senate government operations committees. – Amends TCA Title 39, Chapter 17, Part 13.
Fiscal Summary: Increase State Expenditures – Not Significant
7. *HB 2718 by *Campfield (SB 3752 by *Bunch)
Firearms and Ammunition – As introduced, provides that a certified copy of a birth certificate is not required for the issuance or renewal of a handgun carry permit. – Amends TCA Title 39, Chapter 17, Part 13.
Fiscal Summary: MINIMAL
8. *HB 2659 by *Faulkner, Watson, Evans, Dean, Rich, Todd, Matheny, Eldridge, Richardson, Hill, McCormick, McDaniel, Johnson P, Lundberg, Cobb J, Rowland, Carr, Casada (SB 3301 by *Kelsey)
Public Employees – As introduced, requires complaints against certain law enforcement officers and firefighters to be in writing, signed by the complainant, and a copy given to the affected officer or firefighter. – Amends TCA Title 4, Chapter 24, Part 1 and Title 38, Chapter 8.
Fiscal Summary: Increase State Expenditures – Not Significant
Increase Local Expenditures – Not Significant
9. *HB 2762 by *Turner M (SB 3008 by *Jackson, Ketron)
Drugs – As introduced, creates offense of selling synthetic urine; exempts sales for bona fide educational, medical, and scientific purposes; violation punishable as Class C misdemeanor. – Amends TCA Title 39, Chapter 17, Part 4.
Fiscal Summary: Increase Local Revenue – Not Significant
Increase Local Expenditures – Not Significant
10. *HB 2891 by *Turner M (SB 3473 by *Jackson, Ketron)
Sexual Offenders – As introduced, creates a Class A misdemeanor offense for any person to rent or lease any primary or secondary residence or any other living accommodation to a tenant who is a sexual offender or a violent sexual offender and whose victim was a minor if such residence or living accommodation is within 1,000 feet of a school. – Amends TCA Title 40, Chapter 39.
Fiscal Summary: Increase State Revenue – Not Significant
Increase State Expenditures – Not Significant
Increase Local Revenue – Not Significant
Increase Local Expenditures – Not Significant
11. *HB 3181 by *Turner M (SB 3290 by *Burchett)
Sexual Offenders – As introduced, requires all sexual offenders who are required to be on the sexual offender registry and whose victim was 15 years of age or younger to attend a class sponsored by the offender’s registering agency on the evening of October 31 of every year. – Amends TCA Title 40, Chapter 39.
Fiscal Summary: Increase State Revenue – $3,000
Increase State Expenditures – $2,400
Increase Local Revenue – $9,400
Increase Local Expenditures – $11,900*
12. *HB 2951 by *Brooks H (SB 2917 by *Burchett)
Criminal Offenses – As introduced, clarifies that refusing to accept a legal writ or other process attempting to be served by a public employee or private process server constitutes obstruction of the service of process. – Amends TCA Title 39, Chapter 16, Part 6.
Fiscal Summary: Increase State Revenue – Not Significant
Increase State Expenditures – Not Significant
Increase Local Revenue – Not Significant
Increase Local Expenditures – Not Significant
13. HB 3333 by *Brooks H (*SB 3168 by *Burchett)
Traffic Safety – As introduced, requires the operators of driver education and DUI classes be subject to certain standards. – Amends TCA Title 55, Chapter 10.
Fiscal Summary: Increase State Expenditures – Not Significant
Increase Local Expenditures – Not Significant/Permissive
14. HB 1639 by *Jones U (*SB 1844 by *Kyle)
Sentencing – As introduced, establishes the specific portion of the sentencing range that must be applied on and after the second, third, and fourth felony convictions. – Amends TCA Title 40.
Fiscal Summary: Increase State Expenditures – $157,034,500/Incarceration*
15. *HB 1304 by *Jones S (SB 1653 by *Burks)
Sexual Offenses – As introduced, adds offenses to the list of those for which a convicted defendant is not eligible for probation, parole, or deferral of proceedings. – Amends TCA Title 36; Title 37; Title 39; Title 40; Title 49 and Title 71.
Fiscal Summary: Increase State Expenditures – $142,200/Incarceration*
16. *HB 2640 by *Cooper B (SB 2745 by *Kelsey)
Police – As introduced, establishes requirements for the use of lineups in eyewitness identifications. – Amends TCA Title 38 and Title 40.
Fiscal Summary: Increase State Expenditures – $3,800/One-Time
Not Significant/Recurring
Increase Local Expenditures – Exceeds $100,000/One-Time
Exceeds $200,000/Recurring*
17. *HB 3370 by *Maggart, Fincher (SB 3697 by *Black)
Sexual Offenders – As introduced, requires the TBI to report sexual offender registration and certain information to the FBI within 48 hours of receiving such information. – Amends TCA Title 39 and Title 40.
Fiscal Summary: Increase State Expenditures – Not Significant
18. HB 3278 by *Maggart, Rich, Coley (*SB 2915 by *Finney L)
Criminal Offenses – As introduced, adds conduct involving strangulation to the point of unconsciousness to the criminal code definition of “serious bodily injury.” – Amends TCA Title 39 and Title 40.
Fiscal Summary: Increase State Expenditures – $784,100/Incarceration*
19. HB 3138 by *Hackworth (*SB 2916 by *Finney L)
Bail, Bail Bonds – As introduced, mandates, rather than allows, release of surety’s liability if detainer request is refused or if detaining authority releases principal upon the detainer’s filing. – Amends TCA Section 40-11-201.
Fiscal Summary: MINIMAL
20. HB 2693 by *Shepard, Evans (*SB 2392 by *Jackson)
Capital Punishment – As introduced, adds murder committed against a pregnant woman as an aggravating factor for purposes of imposing death sentence in first degree murder cases. – Amends TCA Title 39 and Title 40.
Fiscal Summary: (CORRECTED)
Increase State Expenditures – Net Impact – $23,300/Incarceration*
Other Fiscal Impact – It is estimated that an average of one offender every ten years will receive a death sentence. The cost of executing each offender will exceed $15,000. The cost to the state for trials and appeals from death-sentenced offenders is substantially higher than for other cases. It is estimated that the additional cost of trials and appeals from death sentences will exceed $750,000 for each case.
21. *HB 3129 by *Cobb T (SB 3585 by *Ketron)
Controlled Substances – As introduced, adds the hallucinogenic drug 4-bromo-2, 5 dimethoxyphenethylamine (2C-B) to list of Schedule I controlled substances. – Amends TCA Title 39, Chapter 17, Part 4.
Fiscal Summary: Not Available
22. *HB 3376 by *Cobb T (SB 3459 by *Stewart)
Criminal Offenses – As introduced, creates the crime of harboring a runaway. – Amends TCA Title 39, Chapter 15, Part 4.
Fiscal Summary: Increase State Revenue – Not Significant
Increase State Expenditures – Not Significant
Increase Local Revenue – Not Significant
Increase Local Expenditures – Not Significant
23. *HB 3377 by *Cobb T (SB 3461 by *Stewart)
Criminal Offenses – As introduced, creates Class D felony offense of statutory kidnapping, which is removing a person between 13-18 years of age from this state, where the defendant is at least four years older than the person, knows the person being removed is a minor and knows the defendant does not have the consent of the minor’s parents or guardian to remove the minor. – Amends TCA Title 39, Chapter 13, Part 3.
Fiscal Summary: Not Available
24. *HB 2821 by *Cobb T (SB 2985 by *Tate, Stewart)
Criminal Offenses – As introduced, establishes the “Tennessee Criminal Gang Registration Act of 2010.” – Amends TCA Title 39 and Title 40.
Fiscal Summary: Increase State Revenue – Not Significant
Increase State Expenditures – $50,000/One-Time
$16,900/Recurring
25. *HB 2993 by *DeBerry J (SB 2940 by *Norris, Marrero B)
Law Enforcement – As introduced, requires local law enforcement agencies to implement an endangered missing persons alert program, whereby local law enforcement agencies will have set protocol to investigate reports of missing elderly, or mentally or physically disabled persons. – Amends TCA Section 38-6-121.
Fiscal Summary: Increase Local Expenditures – Not Significant
26. *HB 2631 by *DeBerry J (SB 3319 by *Kelsey)
Criminal Offenses – As introduced, expands aggravated rape of a child to include the rape of a victim who is under 10 years of age and requires punishment of life imprisonment without the possibility of parole; requires death penalty for murder that occurs during the rape or attempted rape of a child. – Amends TCA Title 39, Chapter 13, Part 2; Title 39, Chapter 13, Part 5 and Title 40, Chapter 35.
Fiscal Summary: Increase State Expenditures – $1,311,800/Incarceration*
27. *HB 2632 by *DeBerry J (SB 3318 by *Kelsey)
Criminal Offenses – As introduced, expands aggravated rape of a child to include the rape of a victim who is under 10 years of age and requires punishment of life imprisonment without the possibility of parole. – Amends TCA Title 39, Chapter 13, Part 5 and Title 40, Chapter 35.
Fiscal Summary: Increase State Expenditures – $1,311,800/Incarceration*
28. *HB 3516 by *DeBerry J (SB 3297 by *Kelsey)
Parole – As introduced, eliminates parole for persons committing an offense on or after July 1, 2010. – Amends TCA Title 3; Title 4; Title 8; Title 9; Title 10; Title 16; Title 33; Title 34; Title 37; Title 38; Title 39; Title 40; Title 41; Title 55 and Title 71.
Fiscal Summary: Increase State Expenditures – $295,700/Recurring
$321,368,000/Incarceration*
Decrease State Expenditures – $1,635,500/FY10-11 $3,271,000/FY11-12 $4,906,400/FY12-13 $6,542,000/FY13-14 & Subsequent Years
Increase Local Expenditures – Exceeds $100,000*
29. HB 3857 by *Tidwell (*SB 3476 by *Jackson)
Methamphetamine – As introduced, applies the limit on the amount of methamphetamine precursor that can be sold to the same person in a 30-day period to all pharmacies in a chain of pharmacies that are owned by the same parent company. – Amends TCA Title 39, Chapter 17, Part 4.
Fiscal Summary: Not Available
30. HB 2909 by *Tidwell (*SB 2612 by *Barnes)
Sexual Offenders – As introduced, permits counties, by vote of county legislative body, to limit the access of sexual offenders to public libraries located within the county, either by library, day, or hour. – Amends TCA Title 40, Chapter 39, Part 2.
Fiscal Summary: Increase Local Expenditures – Not Significant/Permissive
31. *HB 2626 by *Lollar (SB 3314 by *Kelsey)
Sentencing – As introduced, provides that an adjudication or finding by a juvenile court that a defendant committed an act as a juvenile that constitutes a Class A or Class B felony if committed by an adult counts as a “prior conviction” for purposes of determining the appropriate sentencing range for such defendant. – Amends TCA Title 40, Chapter 35.
Fiscal Summary: Increase State Expenditures – Not Significant
32. *HB 2872 by *Hill, Williams (SB 2882 by *Crowe)
Criminal Offenses – As introduced, makes failure to exercise due care in a construction zone or a school safety zone resulting in death, vehicular homicide; punishable as Class D felony. – Amends TCA Section 39-13-213.
Fiscal Summary: Increase State Expenditures – $171,400/Incarceration*
33. HB 2567 by *Fincher (*SB 2390 by *Jackson, Gresham)
Firearms and Ammunition – As introduced, allows person without handgun carry permit to transport rifle or shotgun in privately-owned motor vehicle provided there is no ammunition in the chamber or cylinder and no loaded clip or magazine in the weapon or in close proximity to the weapon. – Amends TCA Title 39, Chapter 17, Part 13.
Fiscal Summary: Decrease State Revenue – Not Significant
Decrease State Expenditures – Not Significant
Decrease Local Revenue – Not Significant
Decrease Local Expenditures – Not Significant
34. *HB 3122 by *Fincher, Dennis (SB 3375 by *Marrero B)
Controlled Substances – As introduced, requires secretary of state to publish schedule of dangerous drugs on secretary’s official web site and make hard copies of schedules available on request. – Amends TCA Title 39, Chapter 17.
Fiscal Summary: Increase State Expenditures – Not Significant
35. *HB 3712 by *Odom (SB 3714 by *Haynes)
Handgun Permits – As introduced, allows restaurants to post signs at public entrances permitting people with handgun carry permits to carry in restaurant as long as they are not consuming; provides restaurant owner incurs no civil liability for gun-related injury caused by permit holder. – Amends TCA Section 39-17-1305.
Fiscal Summary: Increase Local Revenue – Not Significant
Increase Local Expenditures – Not Significant
36. *HB 2813 by *Odom, Harwell, Sontany (SB 3431 by *Henry)
Sentencing – As introduced, diverts certain non-violent property offenders from sentence of incarceration to sentence to community correction, probation or diversion program and increases percentage of sentence person convicted of aggravated robbery with weapon must serve from 30 percent to 85 percent. – Amends TCA Title 40, Chapter 35.
Fiscal Summary: Increase State Expenditures – $19,124,100/Incarceration*
$999,900/Board of Probation and Parole
Decrease State Expenditures – $10,289,400
37. HB 3213 by *Stewart, Cobb T (*SB 3098 by *Stewart)
Sentencing – As introduced, increases the punishment for kidnapping, aggravated kidnapping, and especially aggravated kidnapping by one classification if the defendant falsely imprisoned the victim for 14 days or more. – Amends TCA Title 39, Chapter 13, Part 3.
Fiscal Summary: Not Available
38. *HB 1129 by *Hardaway (SB 1744 by *Marrero B)
Criminal Offenses – As introduced, enacts the “Crime Free School Zone Act.” – Amends TCA Title 39; Title 40 and Title 49.
Fiscal Summary: Increase State Expenditures – $44,300/Incarceration*
39. *HB 1374 by *Hardaway (SB 1663 by *Finney L)
Criminal Offenses – As introduced, requires law enforcement agencies seeking to conduct undercover investigations on school grounds to place certain authorities on notice prior to conducting such investigations. – Amends TCA Title 38; Title 39 and Title 49.
Fiscal Summary: Increase State Expenditures – Not Significant
Increase Local Expenditures – Not Significant
40. *HB 2422 by *Hardaway (SB 3377 by *Marrero B)
Firearms and Ammunition – As introduced, creates various gun show offenses, including prohibiting any person who is not a licensed firearms dealer from transferring a firearm to another person if any part of the transfer takes place at a gun show or within 1,000 feet of a gun show. – Amends TCA Title 39, Chapter 17.
Fiscal Summary: Increase State Revenue – Not Significant
Increase State Expenditures – Not Significant
Increase Local Revenue – Not Significant
Increase Local Expenditures – Not Significant
41. *HB 0029 by *Hardaway (SB 0933 by *Kelsey, Kelsey)
Criminal Offenses – As introduced, enhances the penalty for abuse of corpse from a Class E felony to a Class C felony when the person causes the death of the person whose corpse is mistreated; adds enhancement factor by which a defendant’s sentence can be increased within the appropriate range, that a defendant is convicted of second degree murder and the defendant knowingly mutilates the body of the victim after death. – Amends TCA Title 39 and Title 40.
Fiscal Summary: (CORRECTED)
Increase State Expenditures – $42,900/Incarceration*
42. HB 3741 by *Matheny (*SB 3896 by *Stewart)
Junk Dealers and Junkyards – As introduced, extends period in which person must hold a precious metal from 30 days to 60 days. – Amends TCA Title 38; Title 45 and Title 62.
Fiscal Summary: Increase State Revenue – Not Significant
Increase State Expenditures – Not Significant
Increase Local Revenue – Not Significant
Increase Local Expenditures – Not Significant
43. HB 2881 by *Rich, Harrison, Dennis, Matlock (*SB 2528 by *Faulk, Jackson, Ketron)
Handgun Permits – As introduced, authorizes department of safety to make available to public through an electronically searchable database whether person has an unrevoked handgun carry permit based upon information provided by requester; authorizes sale of permit holder addresses in bulk; and makes all other handgun carry permit information confidential. – Amends TCA Title 10, Chapter 7, Part 5 and Title 39, Chapter 17, Part 13.
Fiscal Summary: Increase State Revenue – Up to $10,000
Increase State Expenditures – Up to $10,000
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