What happened with the state’s biggest bills this session

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This past week, the Tennessee General Assembly adjourned for the year, more or less marking the halfway point of a two-year legislative session.

At this juncture, some of the most controversial bills around issues like immigration and public safety are waiting to be reprised early next year, while other proposals have been irreversibly shot down or sent to the governor’s desk to be signed into law.

Below is a summary of where bills previously covered by the Nashville Banner staff.

IMMIGRATION

Public Schools: There was more than one attempt to limit some children’s access to public education based on their immigration status this year. The first related effort was part of Rep. Gino Bulso’s so-called TRUMP Act (HB 145/SB 268), which would prevent those without legal status from “benefiting from taxpayer money,” including use of banks and charging tuition for public schools. Bulso’s bill failed in the House Banking and Consumer Affairs subcommittee back in March.

A more advanced effort to challenge Supreme Court precedent and allow school districts to charge tuition to, or ultimately deny, undocumented students came from Rep. William Lamberth (R-Portland) and Sen. Bo Watson (R-Hixson) in the form of HB 793/SB 836. Unlike the Bulso bill, this version is permissive and would leave the decision up to each individual school district. After a month of widespread backlash and protests, the Senate narrowly passed this version in April but the bill stalled on the House side as Lamberth sought clarity on whether it would risk more than $1 billion in federal education funding. The bill will almost certainly be reintroduced next year and would not require any additional action from the Senate unless it is amended.

Licenses and DMV: Among the flurry of immigration bills introduced this year were a handful targeting identification and driving privileges, which account for most interactions with law enforcement and can result in arrest or deportation. One of the first bills introduced this session was HB 11/SB 5, a proposal by Rep. Scott Cepicky (R-Culleoka) to redesign driver’s licenses to denote a person’s immigration status. While Cepicky withdrew his bill, another HB 749/SB 1086 by Rep. Lee Reeves (R-Franklin) and Sen. Jack Johnson (R-Franklin) invalidating driver’s licenses issued to undocumented migrants by another state passed both chambers, and is awaiting the governor’s signature. Another bill to limit access to licenses — HB 556/SB 1373 by Watson and Rep. Kip Capley (R-Summertown) — would have only allowed the state to offer road tests and other DMV services in English, but it failed in the House Transportation Committee.

Other Immigration Bills Fail: Even with the appetite for immigration enforcement bills, several efforts failed to materialize, including HB 10/SB 6, an early bill by Rep. Todd Warner (R- Chapel Hill) and Sen. Joey Hensley (R-Hohenwald), that would have required law enforcement to seek federal detainers for those in custody without citizenship and would have required them to transport the individuals to “nearby” sanctuary cities like Chicago if the maximum detainer ran out before the federal government could take custody. It failed in subcommittee. Efforts to defend against increased immigration enforcement, like HB 1202/SB 17 a bill by Sen. Todd Gardenhire (R-Chattanooga) and Rep. Sabi “Doc” Kumar (R-Springfield) that would have limited the scope of a 2024 law requiring law enforcement to cooperate with federal officials in deportation efforts to only impact those charged with criminal offenses failed in the Senate Judiciary Subcommittee.

PUBLIC SAFETY AND CRIMINAL JUSTICE

Constitutional Amendments: Three proposed constitutional amendments passed their final votes in the legislature, sending them to voters to decide during the 2026 gubernatorial election. One, banning a potential state property tax, and two addressing bail and victims’ rights are in the hands of voters. Another, known as Marsy’s Law, enshrines a victim’s bill of rights, and mirrors at least 12 other states that have adopted the policy since 2008. The final amendment would remove the right to bail for those accused of one of at least 70 different offenses, though that number could grow given the language of the amendment.

Dem Gun Bills: A pair of similar but unaligned Democratic gun bills were shelved for the year. The first such bill introduced late last year is HB 599/SB 34 by Sen. Heidi Campbell (D-Nashville) and Rep. Bob Freeman (D-Nashville). It would create a misdemeanor for knowingly selling, giving or otherwise transferring a firearm to someone who is prohibited by state or federal law from possessing it. A bill with a similar intent but broader application is HB 947/SB 1191, introduced by new Rep. Shaundelle Brooks (D-Nashville) and Sen. Raumesh Akbari (D-Memphis). Named Akilah’s Law for her deceased son, Brooks’ bill would make a similar charge for transferring a firearm to anyone who has been voluntarily or involuntarily admitted for mental health care in the last five years. Concerns about the scope of the bill and the alignment of the two bills led to both being shelved for the time being.

Another gun bill by Campbell, HB 2199/SB 1785 or MaKayla’s Law, would have expanded the charge of reckless endangerment to include failure to safely store a firearm in instances where a child under 13 accessed the gun and injured or killed themselves or another child, but failed in the Senate Judiciary Committee.

Lethal Force (HB 856/SB 1407): A bill by Rep. Kip Capley (R-Summertown) and Sen. Joey Hensley (R-Hohenwald) would have expanded when the state allows civilians to use lethal force, making it justified if they believed it was “immediately necessary to prevent or terminate the other’s actual or attempted trespass; arson; damage to property; burglary; theft; robbery; or aggravated cruelty to animals, serious bodily injury, or death to animals or livestock.” The bill failed in the Senate Judiciary Committee.

Jail Deaths: Driven by the death of a constituent’s son and ongoing safety concerns in the Trousdale Turner Correctional Center, Sen. Mark Pody (R-Lebanon) introduced a pair of caption bills that he hoped could create new accountability for Tennessee’s private prisons and potentially downgrade Trousdale Turner to a minimum security prison. A final amended version of one of those bills — HB 114/SB 1115 sponsored in the House by Rep. Clark Boyd (R-Lebanon) — passed both chambers unanimously. If signed by the governor, the bill will require reporting on deaths from Tennessee’s private prisons. It would require a 10 percent inmate reduction at any facility with a death rate that doubles that of a comparable prison in the state.

Appealing Convictions (HB 601/SB 0256): A bipartisan bill to remove barriers for people convicted of crimes to present new evidence in court to appeal their convictions passed easily in both chambers. The bill by Sen. Todd Gardenhire (R-Chattanooga) and Sen. Bob Freeman (D-Nashville) would make it easier for non-scientific evidence to be heard post-conviction while also allowing District Attorneys to prevent new evidence in cases prosecuted by their office. The bill is awaiting the governor’s signature.

Juvenile Bills: A bill (HB 77/SB 237) by Rep. Robert Stevens (R-Smyrna) and Sen. Brent Taylor (R-Memphis), would require juveniles 16 or older to be tried in adult court for their second offense, but had not been heard in subcommittee, meaning the bill could come back next year. An amended version of another Taylor bill — HB 34/SB 221 — allows courts to use information from typically sealed juvenile court records in future pretrial decisions for five years after the juvenile offense and requires magistrates to consider juvenile history in bond decisions. This bill has passed both chambers and is awaiting the governor’s signature.

Voyeurism: After a group of women discovered a Nashville man had recorded them during sex without their knowledge or consent, they banded together to find all of his victims and promote legislative changes to increase accountability for the crime of unlawful photography. The primary bill to come out of the group’s effort — sponsored by Freeman and Sen. Jeff Yarbro (D-Nashville) — is known as the Voyeurism Victims Act and has been signed into law, changing criminal code to start the statute of limitations to prosecute an act of unlawful photography to begin when the victim learns about the crime rather than on the date of the crime. It also allows victims to obtain orders of protection. A related bill by Bulso and Sen. Dawn White (R-Murfreesboro) increases the offense to a felony. It requires offenders to be placed on the sex offender registry, passed both chambers and is awaiting the governor’s signature.

OTHER BILLS

Anti-Diversity: A bill dissolving the state’s Human Rights Commission and moving its related staff under the Attorney General’s control passed and is awaiting the governor’s signature. The bill, HB 910/SB 861 by Rep. Johnny Garrett (R-Goodlettsville) and Sen. John Stevens (R-Huntingdon) will give the HRC staff until July to transition their responsibilities to the AG’s office. The appointed commission will cease to exist, despite concerns from staff about the bill’s origin and impact on the more than 1,000 open discrimination cases. A pair of bills seeking to “dismantle DEI” by prohibiting diversity, equity and inclusion hiring provisions in state government, local governments and publicly funded colleges and universities also passed this session.

Cannabis Crackdown: Multiple new restrictions on the sale of THCa passed this session, in an effort to close a loophole that effectively legalized most recreational pot sales in the state in 2023. The most significant regulatory bill — (HB1376/SB 1413) by Lamberth and Sen. Richard Briggs (R-Knoxville) — is awaiting a signature from the governor, and would prohibit the retail sale of products with a .3 percent or higher combined concentration of THCa and/or Delta 9, change the tax structure for cannabis products and move the regulation of their sales under the Alcoholic Beverage Commission.

Another bill, HB 1148/SB 1236 by Rep. Ed Butler (R-Rickman) and Sen. Ferrell Haile (R-Gallatin) that would ban THCa and THCp, was not funded in the budget but could be revived next year. An effort by Rep. Aftyn Behn (D-Nashville) and Campbell to further legalize recreational use and use the proceeds for road repairs — HB 703/SB 921 known as the “pot for potholes” bill — failed in the House Criminal Justice subcommittee.

Homeless Encampments: A bill setting deadlines on the clearing of homeless encampments and disposal of personal belongings passed both chambers and is awaiting the governor’s signature. Despite concerns from service providers who help people experiencing homelessness, HB 197/SB 217, sponsored by Taylor and Rep. Tom Leatherwood (R-Arlington), passed both the House and Senate, setting a 30-day deadline for local authorities and service providers to clear encampments in certain public areas, such as bridges and overpasses. It requires only a 10-day notice before disposing of personal belongings and requires localities to establish encampment clearing protocols with the Tennessee Department of Transportation.

Grocery Tax: Multiple efforts to repeal the state’s 4 percent tax on groceries stalled again this session. The first version, HB 2/SB 2 brought by Behn and Sen. Charlene Oliver (D-Nashville), would have eliminated the tax to reduce the cost for consumers, replacing it with $250,000 in projected revenue from corporate grocery stores. The effort to revive Behn’s 2024 grocery tax repeal bill stalled again this spring, but was sent to summer study, meaning it could be revived next year. A similar effort, HB 21/SB 1367 by Rep. Elaine Davis (R-Knoxville) and Watson, would repeal the tax but offered no alternative revenue and was placed behind the budget without funding, sending it to a comparable limbo.

Reproductive Rights TBD: Lawmakers codified some reproductive rights in a Republican-led proposal protecting access to in vitro fertilization and birth control passed in the Tennessee House on Thursday, despite opposition from dozens of republicans. HB 533/SB 449 by Rep. Iris Rudder (R-Winchester) and Sen. Becky Massey (R-Knoxville) narrowly passed both chambers and is awaiting the governor’s signature, while a group of 11 other Republicans implored the governor to use his first-ever veto to block the bill. A pair of Democratic bills to restore and codify different reproductive rights both predictably failed.

Foster Care Bills: Lawmakers passed a “foster care bill of rights,” led by former foster youth, enshrining rights to things like school, housing, medical care and reliable contact with a trusted adult. While it was sponsored by Haile and Rep. Mary Littleton, HB 1359/ SB1015 was written by 19-year-old former foster child Ella Brinen and passed both chambers unanimously. It’s now awaiting the governor’s signature. Another bill to require more transparency in how federal dollars intended for foster children are spent by the department failed in the House Judiciary Committee earlier this month. The bill, HB 1131 / SB 1331 by Yarbro and Rep. Antonio Parkinson (D-Memphis) was spurred by reports of the Department of Children’s Services claiming million of dollars intended for individual foster children.

School Phone Ban: In an effort to curb classroom distractions and cyberbullying, the legislature passed HB 932/SB. 897, a bill by Rep. Rebecca Alexander (R-Jonesborough) and Haile, requiring school boards to create cell phone ban policies, has been signed into law by the governor. The new law, which takes effect on July 1, requires each local education authority to develop a policy banning the use of personal devices in the classroom, including cell phones, tablets, and laptops. Each body can develop a specific policy defining whether devices are allowed on school grounds, whether they can be used during non-instructional times such as lunch breaks, and what the emergency contact protocol will be for students and parents.

This story was provided courtesy of the Nashville Banner. Sign up for the Nashville Banner’s newsletters here

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