Tennessee House Bill HB2209

Tennessee 2023-2024 Regular Session

• Introduced: 1/25/24
• Refer: 1/31/24
• Refer: 2/28/24
• Refer: 3/5/24
• Engrossed: 3/12/24
• Enrolled: 4/3/24
• Passed: 4/22/24
• Chaptered: 5/1/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 10, relative to constables.

Impact

If enacted, HB2209 will create a clearer protocol for addressing circumstances under which constables face criminal charges. This change is expected to enhance public trust in law enforcement by ensuring that individuals facing serious legal issues are not in a position to perform their duties. The statutory change will provide a framework for administrative leave that is contingent on a judicial determination of probable cause rather than merely the discretion of the constable or local administrative bodies. The bill is set to take effect on July 1, 2024, thereby providing time for relevant agencies to adjust to the new legal requirements.

Summary

House Bill 2209 aims to amend Tennessee Code Annotated, Title 8, Chapter 10, specifically relating to the administrative leave of constables charged with misdemeanors involving gambling, moral turpitude, or felonies. The bill establishes a process wherein a court may place a constable on administrative leave if they are indicted or formally charged with such offenses. This aims to maintain the integrity of law enforcement by ensuring that constables are not actively serving while facing serious criminal accusations.

Sentiment

The sentiment around HB2209 appears to be largely supportive, particularly among those advocating for ethical standards in law enforcement. Proponents argue that the bill provides necessary protections against potential abuses of power and assures communities that officers will not serve while under serious criminal scrutiny. However, some concerns may arise regarding the procedural implications of placing constables on administrative leave, particularly regarding job security and the treatment of innocent until proven guilty.

Contention

Notable points of contention regarding HB2209 may center on how these changes can impact constables' careers and the administrative burden it places on the judicial system. There may be arguments from law enforcement unions about job stability for officers under investigation and how to handle situations where charges are ultimately dismissed. This highlights the balance lawmakers must strike between accountability and fairness in the treatment of law enforcement personnel.