The Tennessee General Assembly has been busy this year. Redistricting has dominated headlines, legislators have attempted some degree of criminal justice reform, and the state is currently revising its education funding formula. But beyond these developments, lawmakers have also filed a number of bills that have activist groups concerned. Below, the Scene has a look at some of the most controversial bills currently being considered — one could limit law enforcement accountability, one makes employment more difficult for immigrants, and one places additional restrictions on abortion.
HB1678, House sponsor William Lamberth (R-Portland)
HB1678 would expand the definition of aggravated assault to include displaying “any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon.” Rep. Lamberth tells the Scene the bill was created to correct an inconsistency between robbery and aggravated assault — it’s still considered armed robbery if the perpetrator uses a fake weapon, but the same rule does not apply to assault. “Through the eyes of the victim, it doesn’t matter if it’s a fake gun or a real gun — the fear is still the same,” Lamberth says.
While the bill applies to any victim of aggravated assault, it also mentions assault against a first responder. Some activists worry the law could be used to justify the use of force against only perceived deadly weapons. This concern is backed by science: Studies have demonstrated that people are more likely to misidentify objects as deadly weapons if the person carrying them is Black.
Angel Stansberry, a member of Nashville activist group The People’s Plaza, says the bill’s opaque language is concerning, particularly when it comes to first responders. She worries that “reasonable” belief is “a subjective definition according to the view of the cop.”
For what it’s worth, Lamberth seems to agree on that point. “It’s not an objective standard,” he says. “It’s a very subjective standard through the eyes of that victim, because that’s who we’re trying to protect with this.”
Stansberry says HB1678 would allow law enforcement to use force with fewer consequences. “They’re saying that even if a cop perceives that there’s a weapon, even if there’s no guarantee that it is, then he’s allowed to respond as he would to an aggravated assault with a deadly weapon,” she says.
When asked about the possibility that “reasonable belief” may be influenced by people’s implicit biases, Rep. Lamberth voices his confidence in the court system. “There are protection bills in the entire court system that take out that type of bias, and all of those protections are in place for this piece of legislation,” he says. HB1678 will be discussed in the Finance, Ways, and Means Subcommittee on Feb. 23.
HB1853, House sponsor Clark Boyd (R-Lebanon)
HB1853 seeks to expand employment documentation requirements through E-Verify. It also specifies that employees can’t allege “wrongful or retaliatory discharge” against employers if their employer was not aware that they were not authorized to work in the United States.
Judith Clerjeune is the campaigns and advocacy director at the Tennessee Immigrant and Refugee Rights Coalition and its political arm TIRRC Votes. She worries HB1853 will have a detrimental effect on many Tennesseans. “Many U.S citizens and other documented workers have been placed on a no-work list, either temporarily or permanently due to database errors,” Clerjeune says via email. “This is not what Tennessee needs right now. Contrary to the overused conservative talking point, E-Verify does nothing to solve issues with the U.S. immigration system. It is an overused tool used to discourage employment among immigrant workers.”
Clerjeune also points out that the bill would hurt Tennessee economically. “Putting more barriers — like E-Verify — in front of people who want to work is not the answer,” she says. HB1853 will be discussed in the Commerce Committee on Feb. 22.
HB2416, House sponsor Robin Smith (R-Hixson)
The “Tennessee Abortion-Inducing Drug Risk Protocol Act,” as it’s called, would put new provisions in place for medicine-induced abortions, including a number of additional disclaimers doctors would have to give patients as well as enhanced reporting requirements.
Francie Hunt, executive director at Tennessee Advocates for Planned Parenthood, says the bill is full of “politically scripted informed consent language” for doctors, including telling patients they “may see the remains of the unborn child in the process of completing the abortion.” It also requires doctors to give information about abortion reversal procedures, which are dangerous and not backed by science. Hunt also worries that the extensive public reporting requirements could put patients and doctors at risk.
“It’s so much data that it’s absolutely possible in a small-town community for the identity to be figured out pretty easily,” she says. And, “since they’re requiring the physician’s name to be on the report, doctors can open themselves up to any kind of harassment.”
Rep. Smith is currently amending the bill, and will present it to the Health Subcommittee on Feb. 22.
The General Assembly has seen some additional bills that, though concerning, are less likely to pass. These include:
HB1994, House sponsor Bruce Griffey (R-Paris)
HB1994 seeks to “implement a system for the relocation of illegal aliens who arrive in this state to other locations.”
HB1919, House Sponsor Tim Rudd (R-Murfreesboro)
HB1919 “prohibits taking custody of certain children transported across state lines without the written consent of the Department of Children's Services.” Clerjeune says this bill “may be targeting unaccompanied children and the ability for them to reunite with their families.”
SB0204, Senate sponsor Mark Pody (R-Lebanon)
SB0204 puts significant restrictions on abortion. It’s known as the “Rule of Law Life Act,” and was recently taken off notice — meaning the sponsor is not currently advocating for the bill.
SB2300, Senate sponsor Mark Pody (R-Lebanon)
SB2300 extends the legal definition of child abuse to include “acts of abuse, neglect, and endangerment against an unborn child … throughout the entire embryonic and fetal stages of the unborn child from fertilization to birth.” If passed, it would function as an abortion ban.
SB2523, Senate sponsor Joey Hensley (R-Hohenwald)
SB2523 “expands the definition of ‘law enforcement officer’ to include a person who has been issued an enhanced handgun carry permit."
