Tennessee House Bill HB2205

Tennessee 2023-2024 Regular Session

• Introduced: 1/25/24
• Refer: 1/31/24
• Refer: 2/13/24
• Refer: 2/20/24
• Refer: 2/28/24
• Refer: 3/5/24
• Engrossed: 3/12/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 7, relative to district attorneys.

Impact

The amendments introduced by HB2205 grant district attorneys absolute discretion over the allocation of resources for prosecutorial, investigatory, and administrative tasks. This means that district attorneys can determine how many resources to deploy based on their assessment of needs, which could streamline operations but also lead to concerns over accountability. The change is expected to foster a more centralized power structure within district attorney offices, allowing for a potentially more efficient handling of criminal cases, depending on the local context and resource availability.

Summary

House Bill 2205 proposes amendments to several sections of the Tennessee Code Annotated, specifically Title 8, Chapter 7, which governs the functions and authorities of district attorneys. The bill aims to clarify the roles and responsibilities of district attorneys, particularly in relation to their prosecutorial discretion and involvement in municipal courts. A key component of this bill emphasizes the requirement for municipalities to provide adequate funding for any additional prosecutorial personnel needed to handle cases at the local level, ensuring that the district attorneys have the necessary resources to perform their functions effectively.

Contention

Notable points of contention surrounding HB2205 include concerns regarding local authority and accountability in prosecutorial decisions. Critics argue that granting district attorneys unchecked discretion may limit the input from local government entities and communities about their prosecutorial needs. There are fears that such concentration of power could lead to disparities in how different municipalities receive prosecutorial resources, resulting in uneven application of justice across the state. Supporters believe that this flexibility will allow district attorneys to reactive address crime in ways that are most effective for their districts, although this perspective is met with skepticism by local government advocates.