Tennessee Senate Bill SB2257

Tennessee 2023-2024 Regular Session

• Introduced: 1/30/24
• Chaptered: 5/1/24
• Passed: 5/1/24

Caption

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

Impact

The proposed changes in SB 2257 have implications for how local law enforcement officials are treated in the event of criminal allegations. By instituting a formal process for administrative leave linked to the legal status of a constable, the bill seeks to maintain public trust in law enforcement by ensuring that officials facing significant legal challenges are removed from duty until their innocence or guilt can be determined. This establishes a clear protocol aimed at protecting the integrity of the office while addressing concerns related to misconduct among elected officials.

Summary

Senate Bill 2257 aims to amend Tennessee Code Annotated, Title 8, Chapter 10, specifically regarding the handling of constables who are charged with criminal offenses. The bill introduces a stipulation that a constable elected under this provision must be placed on administrative leave if indicted or formally charged with a misdemeanor involving gambling or moral turpitude, or a felony. The court is then tasked with conducting a preliminary hearing to establish whether probable cause exists for the charges. Depending on the findings, the constable will either remain on leave until the conclusion of their criminal prosecution or have their leave terminated if no probable cause is found.

Sentiment

The sentiment surrounding SB 2257 appears to be relatively supportive among legislative members, particularly regarding the protection of the integrity of constables and the proactive measures being addressed in the context of misconduct. However, there may also be discussions surrounding the logistics and fairness of automatically placing elected officials on leave based solely on charges without a full conviction process. Overall, the sentiment indicates a commitment to uphold professional standards within law enforcement bodies.

Contention

Notable points of contention may arise around the balance between transparency in law enforcement and the potential for punitive measures against constables before due process is fully concluded. While supporters argue that the bill serves to fortify the accountability of constables, opponents might express concerns over the implications this could have on an elected official's ability to serve while under suspicion. Discussions in legislative circles may center on whether the thresholds for placing elected officials on leave are stringent enough or overly lenient, thus prompting debates about fairness and the presumption of innocence.