Tennessee House Bill HB1359

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/23
• Refer: 2/2/23
• Refer: 2/21/23
• Refer: 2/28/23
• Chaptered: 5/17/23
• Passed: 5/17/23

Caption

AN ACT to amend Tennessee Code Annotated, Section 40-32-101, relative to expunction of records.

Impact

If enacted, HB 1359 would enhance the ability of families in Tennessee to manage the legacies of their deceased relatives, particularly in cases where the deceased had criminal charges that could hinder their personal or familial reputations. The addition of this bill is significant as it reflects a shift towards recognizing posthumous rights within the legislative framework, potentially altering how expunction laws are enforced in cases involving deceased individuals.

Summary

House Bill 1359 aims to amend Tennessee Code Annotated, Section 40-32-101, specifically regarding the process of expunction of records. The bill introduces a provision allowing a personal representative of a deceased individual to submit a petition for expunging the record of a charge that has been abated by the individual's death. This change is designed to provide legal avenues for the families of deceased individuals to address and resolve past legal issues that might otherwise affect their legacy or reputation, even posthumously.

Sentiment

The sentiment surrounding HB 1359 appears to be largely positive among lawmakers, indicated by its passage without opposition in the votes. There seems to be a broad consensus on the need for compassionate legal avenues that allow families the opportunity to rectify past injustices or misunderstandings tied to their deceased loved ones. Major concerns about the bill are less visible, suggesting that it was well-received within the legislative body.

Contention

While the bill passed without opposition, there may still be underlying questions regarding the implications of allowing posthumous petitions for expunction, such as potential misuse or the impact on existing legal processes. The bill's supporters likely view it as a necessary evolution of the law to reflect modern values of justice and redemption, whereas some skeptics might raise concerns regarding the broader consequences of such legislative changes on the legal landscape.