Tennessee House Bill HB2538

Tennessee 2023-2024 Regular Session

• Introduced: 1/30/24
• Refer: 2/1/24
• Refer: 3/12/24
• Refer: 3/19/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 3 and Title 40, Chapter 11, relative to mass violence.

Impact

The introduction of HB 2538 is expected to enhance the legal framework surrounding threats of violence, particularly towards vulnerable populations like students and attendees of large gatherings. Under this bill, individuals found guilty of making such threats could face varying degrees of felony charges, with more severe penalties imposed when the threats are directed at specific locations. This amendment to the law is indicative of a growing concern over public safety and the need to respond effectively to the increasing occurrences of mass violence incidents.

Summary

House Bill 2538 seeks to amend the Tennessee Code regarding mass violence by introducing a new section that criminalizes threats of mass violence communicated by various means. The bill defines mass violence as any act that could potentially lead to serious bodily harm or death of four or more individuals. This is a significant legal development aimed at improving public safety, particularly in sensitive environments such as schools, houses of worship, and during public events.

Contention

While supporters of HB 2538 argue that it is a necessary step towards ensuring public safety and deterring potential acts of mass violence, critics may raise concerns about its potential implications on free speech. Addressing the balance between civil liberties and public safety will likely be a point of contention as this bill progresses. Additionally, the inclusion of behavioral assessments before bail determinations could introduce complexities into the judicial process, potentially influencing cases in unforeseen ways.

Noteworthy_provisions

Notably, the bill mandates that a threat of mass violence may lead to a Class E felony, escalating to a Class D felony under certain aggravated circumstances. Furthermore, the bill requires courts to evaluate whether defendants pose a danger to the public before determining bail, ensuring that thorough risk assessments are conducted to protect the community. The bill's enactment is set for July 1, 2024, reflecting a prioritization of public welfare in the legislative agenda.