Tennessee Senate Bill SB7042

Tennessee 2023-2024 Regular Session

• Introduced: 8/21/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 33; Title 36; Title 38 and Title 39, relative to temporary mental health orders of protection.

Impact

If enacted, SB7042 modifies existing laws to incorporate an expedited process for individuals deemed at risk, facilitating their temporary removal from firearm possession. This act would provide law enforcement and courts with the necessary authority to address immediate threats and ensure public safety while balancing individual rights and mental health considerations. By establishing a streamlined process for mental health assessments and intervention, the bill aims to reduce the risks associated with untreated mental illness and firearm access.

Summary

Senate Bill 7042 aims to create temporary mental health orders of protection under Tennessee law. This bill allows law enforcement to petition a court for a temporary protective order when an individual poses a significant danger to themselves or others due to mental health issues related to firearms. The legislation outlines specific procedures for filing a petition, including a detailed affidavit and engagement with third parties who might be at risk. It seeks to establish a legal framework for intervening on behalf of potentially dangerous individuals while acknowledging the need for mental health resources and support.

Contention

There are potential points of contention surrounding SB7042, primarily regarding individual rights and regulations concerning due process. Some argue that the bill may lead to unjust stigmatization of individuals with mental health challenges and question how the law will be enforced without infringing on civil liberties. Concerns exist over the adequacy of safeguards to protect individuals from wrongful accusations or misuse of the protective orders, and whether communities will have the necessary resources for mental health support following these interventions.