April 29, 2014 

By Meagan Frazier & Anne Carr, WPC Lobbyists, and Christi Granstaff, VP for Legislation

The second session of the 108^th General Assembly adjourned on April 17, 2014. Since this was the second year of the General Assembly, no bills are left pending.

Thank you very much to WPC members who made legislative contacts and who attended the Women’s Day on the Hill. We were very visible! Your support is critical to our lobbying efforts.

 

Family Life Curriculum

This session, we are very pleased with the passage of our WPC bill, SB1940/HB1871, sponsored by Sen. Jack Johnson and Rep. Jim Coley. The legislation, which was worked out on the front end with the Tennessee Family Action Council (FAC), modifies 2012 changes to the family life curriculum statute, which dictates how school systems approach teaching students about sensitive subjects such as sexuality and birth control. It was important to get FAC support on the front end because the 2012 legislation, which caused a great deal of consternation among some legislators and others, was proposed by FAC.

Some of this year’s changes sound mundane, but we believe they will contribute greatly to more clarity and less confusion among various education players, such as school boards, teachers, and state employees, who sometimes provide assistance in family life education. For instance, during the research on the need for this legislation, we learned the Tennessee Department of Health had determined, due to the 2012 changes in the law, that local department employees should no longer offer assistance with family life classes to school systems. We also learned that organizations that educate on sexual violence and abuse had been told their curriculums no longer fit within what was allowed under the law.

The legislation does these three things:

1. Clarifies the term “sexual contact,” used in the definition of a “gateway sexual activity” by adding a specific reference to the criminal code definition of “sexual contact.” This means no more wondering whether an educator could inadvertently be promoting “gateway sexual activity” by allowing students to discuss holding hands or kissing when talking about sexuality and relationships.
2. Removes the word “exclusively” from language that formerly read, “Emphatically and exclusively promote only sexual risk avoidance through abstinence, regardless of a student’s current or prior sexual experience.” Despite previously existing language in the statute that clearly allows the age-appropriate discussion of birth control, the word “exclusively” had caused many to believe that the state required “abstinence only” instruction and discussion rather than instruction that promotes abstinence.
3. Restores a specific reference to the “HIV/AIDS virus” among the sexually transmitted diseases to be covered in class. That reference was inadvertently eliminated by the 2012 changes.

Although concerns may remain about a liability provision, also added in 2012 and unchanged by this legislation, we hope the changes made in 2014 will minimize such liability concerns. The statute has long required that parents be informed about upcoming “family life” classroom discussions, and parents have the ability to “opt out” their children. That provision remains as well.

When you have the opportunity, please be sure to thank Sen. Johnson and Rep. Coley for sponsoring our legislation.

 

Pregnant Women Prosecuted for Use of Illegal Drugs

One of the more contentious bills of the session was SB1391/HB1295, which allows the prosecution of a pregnant woman for assault if her baby is born addicted to or harmed by the mother’s illegal use of narcotics. The legislation does create an affirmative defense to prosecution if the woman actively enrolled in and remained in an addiction recovery program before the birth of the child. Various groups called on Governor Bill Haslam to veto the bill declaring it would criminalize drug-addicted pregnant women instead of helping them.  Many were concerned about the possibility of discouraging pregnant, addicted women from seeking prenatal care during pregnancy.  Tennessee became the first state to explicitly criminalize substance abuse during pregnancy, if it harmfully affects the child when Governor Haslam signed the bill into law. “I understand the concerns about this bill, and I will be monitoring the impact of the law through regular updates with the court system and health professionals,” the governor said in a statement, while noting that the law expires in two years, on the last day of June 2016.

 

Untested Sexual Assault Kits & Statute of Limitations

There were several bills on the topic of untested sexual assault kits due to the recent disclosure that Shelby County has a massive number of untested rape kits, some dating back for many years.  The bill ultimately passed requires law enforcement agencies that maintain sexual assault kits to report to the TBI by September 1, 2014, the numbers of untested kits and the dates they were collected. There was a significant concern about the cost of requiring all untested kits to be tested. It also was important to consider the victims’ desire regarding whether the kits be tested and whether some victims could be identified that did not want to be.  Hopefully, information about the number of untested rape kits remaining will provide the TBI with a starting point to make recommendations on how to address this issue further.

The statute of limitations in rape cases was changed by SB2084/HB2188. For the offenses of aggravated rape, rape, rape of a child, and aggravate rape of a child there will be no statute of limitations after July 1, 2014 if a notice requirement is met.  A victim must report the offense to law enforcement within 3 years of the offense in order for the statute of limitations to be removed.  If the victim does not report, then the current statute of limitations will continue to apply.  There were some legislators who were hesitant to completely drop the statute of limitations.

 

Domestic Violence

The sunset bill for the Domestic Violence State Coordinating Council was passed and extends the Council until 2018. It also reconstitutes the Council by reducing the members to 23. The entire membership of the council will be removed on June 30, 2014, and reconstituted in the new form on July 1, 2014. Kathy England Walsh, ‎Executive Director at Tennessee Coalition Against Domestic and Sexual Violence, was instrumental in working with key legislators in the effort to ensure the ongoing work of the Council.

Senator Doug Overbey and Rep. Bob Ramsey successfully passed SB1909/HB1877 to specify that in a divorce proceeding involving domestic abuse within the marriage, any debt owed for any batterer’s intervention or rehabilitation programs shall be attributed to the abuser only.

 

Crimes Against Children and Sentencing Requirements

Four bills related to this subject were approved. Public Chapter 711 adds the offense of promoting prostitution or the knowing failure to protect a child from prostitution to the list of offenses constituting severe child abuse.

Current law requires anyone convicted of aggravated child neglect or aggravated child endangerment to serve no less than 55% of the sentence received.  SB1695/HB2218 changes that to require anyone convicted of aggravated child neglect or endangerment to serve 85% of the sentence imposed. Sentence reduction credits may reduce the percentage, but not below 70%.

Public Chapter 693 sets forth that, in regard to the 30-day and 90-day sentences to confinement for second and third convictions of domestic assault that results in bodily injury, the sentence has to be served on consecutive days. It also specifies that individuals convicted of domestic assault resulting in bodily injury must serve at least the minimum sentence day for day and serve the difference between the time actually served and the maximum sentence, if on probation.

“Erin’s Law” became Public Chapter 706, which requires the departments of education and children’s services and the state board of education to work together on the enhancement or adaptation of K-12 curriculum materials that assist in the detection, intervention, prevention and treatment of child sexual abuse.  “Erin’s Law” has passed in 10 states by Erin Merryn who was sexually abused as a child.  She emphasizes the need to teach children the words to use to tell someone they are being abused and to be aware that the majority of child sexual abuse occurs in the child’s home environment.