Tennessee House Bill HB2077

Tennessee 2023-2024 Regular Session

• Introduced: 1/24/24
• Refer: 1/29/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 55, relative to criminal justice.

Impact

The legislation proposes significant changes to how crimes are prosecuted and penalties are enforced, particularly regarding trespassing. It allows private individuals to arrest those who trespass after receiving two verbal warnings, thereby expanding the authority of private citizens in law enforcement matters. Additionally, individuals convicted of instigation face escalating penalties, including increased sentence percentages tied to their convictions. These alterations are designed to toughen responses against various offenses, thereby enhancing public safety perceptions.

Summary

House Bill 2077 seeks to amend various sections of the Tennessee Code Annotated concerning criminal justice. A significant addition in this bill is the criminalization of 'instigation,' defined as intentionally prompting another person to commit an offense without needing to prove that the instigator's actions were the sole cause of the offense. This change introduces a new layer of accountability for those who encourage criminal behavior, affecting the way instigation is treated under state law.

Sentiment

Overall, the sentiment surrounding HB2077 appears to be generally positive among supporters who argue that it strengthens law enforcement and public safety by confiscating opportunities for instigation. Advocates assert that it will deter individuals from encouraging criminal behavior and support victims' rights. However, concerns have been raised among some community groups and legal experts about the potential for misuse of instigation accusations and the implications for civil liberties, creating a mixed reception among different stakeholders.

Contention

Notable points of contention surround the definition of 'instigation' and the consequences tied to it. Critics argue that the broad language used in the bill may lead to subjective interpretations and overreach in law enforcement. There are fears that individuals may be unfairly targeted for instigating actions that lead to convictions, which might have a chilling effect on free speech and legitimate expressions of opinion. Such concerns highlight the balance that needs to be struck between increasing public safety and preserving individual rights.