Legislative Update – March 13, 2014

By Meagan Frazier and Anne Carr

The legislative session is getting more frantic and will be over by mid April. This week, there were literally thousands of citizens in and out on various issues, including Nashville’s AMP and Common Core.  Today our report focuses on the following bills:

SB2084/HB2188, by Sen. Norris and Rep. Towns, extends the statute of limitations for various types of rape charges. It passed the Senate today 31-0, and all members were added as cosponsors. As amended, it repeals the statute of limitations for rape, aggravated rape, rape of a child, and aggravated rape of a child, if the victim notifies law enforcement or the district attorney of the offense within three years of the offense if the offense is committed after July 1, 2014. Some offenses, for which the applicable statute of limitations did not expire before July 1, 2014, would also be extended to a total of three years. Otherwise, the usual applicable statute of limitations applies to offenses of rape, aggravated rape, rape of a child, and aggravated rape of a child.

The House bill will be heard in the House Criminal Justice Committee on March 19. It is fair to expect that the Senate amendment will be added and the bill will proceed ultimately to the House floor. WPC supports this bill.

SB1940/HB1871, by Sen. Johnson and Rep. Coley, clarifies family life curriculum standards that were passed in 2012. The Senate bill moved out of the Education Committee this week with a 9-0 vote, while the House bill remains in the House Education Committee because the committee did not finish their agenda for this week. We are actively involved in working the bill and do not anticipate any major difficulties.

The bill modifies the definition of “gateway sexual activity,” adding a more specific reference to the existing definition of “sexual contact“ in the law. This should eliminate confusion about the statutory prohibition on encouraging, advocating, urging or condoning gateway sexual activity. It also removes the word “exclusively” from a provision that will now read: “Emphatically promote only sexual risk avoidance through abstinence, regardless of a student’s current or prior sexual experience;” (There are other provisions in the current law for providing information, as appropriate, related to birth control and on other subjects.) In addition, it adds the phrase “including but not limited to the HIV/AIDS virus” to a list of subjects to be covered in a family life course. Such a reference was inadvertently eliminated in 2012. WPC supports his bill, originally suggested by our Legislative Committee.

SB1391/HB1295, by Rep. Weaver and Sen. Tate, is one of two bills that would criminalize illegal drug use by pregnant women. It provides that a mother can be prosecuted for an assaultive offense or homicide if she illegally takes a narcotic drug while pregnant and the child is born addicted or dies because of the drug. Although many people may understandably agree with the sentiment expressed by the bill, the reality is that addicted women who are pregnant are likely to avoid seeking prenatal care if they think they will be prosecuted.  The Tennessee Medical Association proposed and passed legislation last year that attempts to offer such women a treatment alternative, and our hope is that the legislature will give that approach a couple of years before they consider additional legislation. WPC is currently monitoring this bill.

Finally, SB1538/HB1633, by Sen. Bell and Rep. Matheny, extends the sunset date for the Domestic Violence Coordinating Council. There have been concerns about this bill because there was a possibility the Council would only be extended for one year, which automatically puts it into “wind down” for termination. The House bill has a satisfactory amendment extending the Council for four years and is set for a full House vote on March 20. The Senate bill remains in the Government Operations Committee, but Sen. Bell apparently plans to adopt the same amendment. WPC supports this bill as amended.

Up to date information on any piece of legislation is available at:  www.capitol.tn.gov

You can also utilize the complete WPC list of bills tracked to determine other issues of particular interest.