Tennessee House Bill HB7100

Tennessee 2023-2024 Regular Session

• Introduced: 8/18/23
• Refer: 8/22/23
• Failed: 8/22/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 39, relative to temporary mental health orders of protection.

Impact

The impact of HB7100 on state laws is significant as it establishes a legal framework for temporary mental health orders of protection. The law allows police officers to initiate protective orders without requiring either party to have legal representation, thereby making it more accessible for law enforcement to act swiftly in crisis situations. The requirement for firearms to be surrendered adds a layer of protection for potential victims of violence, reflecting a proactive approach to address mental health crises and gun safety.

Summary

House Bill 7100 amends the Tennessee Code Annotated, particularly Title 39, to introduce a process for law enforcement to obtain temporary mental health orders of protection. This act enables law enforcement officers or agencies to petition a court for an order when they believe an individual poses a significant danger to themselves or others due to mental health issues. The bill outlines specific procedures for petitioning, evidence required, and the court's obligations upon receiving such petitions. It aims to facilitate the removal of firearms from individuals deemed a danger, thus enhancing public safety.

Sentiment

The general sentiment surrounding HB7100 is largely supportive among proponents who advocate for gun safety and mental health awareness. Supporters view the bill as a necessary measure to prevent violent incidents by addressing the risks associated with firearms and severe mental health issues. However, there are concerns regarding the implications on individual rights and due process, particularly among civil liberties advocates who argue that such measures could lead to unjust restrictions on individuals' rights without sufficient evidence.

Contention

Key points of contention include the potential for misuse of the temporary mental health orders, where individuals might be unfairly labeled as dangerous without adequate checks. Critics argue that it could lead to abuses in enforcement and questions about how mental health assessments are conducted may arise. The balance between protecting community safety and ensuring individual rights remains a central theme in discussions about HB7100, making it a contentious piece of legislation.