Tennessee House Bill HB2812

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/24
• Refer: 2/5/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 39, relative to use of force.

Impact

The bill's provisions grant protections in various scenarios, highlighting the importance of self-defense in Tennessee law. It allows defendants to present their justification claims to law enforcement, mandating thorough investigations into these claims before any charges are pressed. If a justified use of force is determined, the prosecution must establish that there is no reasonable basis for the claim to continue pursuing charges, which changes the traditional burden of proof in such cases.

Summary

House Bill 2812, known as the 'Judge Mike Carter Defense Protection Act', seeks to amend the Tennessee Code regarding the use of force. The bill is designed to provide individuals who use force under certain justifiable circumstances with legal immunity from criminal prosecution. This legislation directly addresses situations where a person asserts that their use of force was necessary for self-defense or defense of others, provided the circumstances meet specific criteria outlined in the bill.

Contention

Debates surrounding HB2812 focus on the implications of broadening protections for individuals using force, particularly in a society where issues of gun violence and personal safety are contentious. Supporters argue that the bill will empower citizens to protect themselves while deterring crime. However, critics worry that it may encourage vigilantism or misuse of force claims, complicating law enforcement's ability to respond to violent incidents appropriately. The emphasis on individual immunity raises concerns about existing checks on the appropriate use of force by civilians and police alike.