Tennessee Senate Bill SB0553

Tennessee 2023-2024 Regular Session

• Introduced: 1/25/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 16; Title 33; Title 37; Title 38; Title 39; Title 41; Title 57; Title 62 and Title 71, relative to mental health.

Impact

The implementation of SB0553 is expected to positively impact the legal treatment of individuals with mental health conditions by ensuring that legal terminology aligns with contemporary understandings of mental health. By adopting language that respects individuals' dignity, the bill aims to inform judges, lawyers, and the public about the importance of recognizing mental health issues without prejudice. This shift in terminology may encourage a cultural shift within the judicial system, potentially enhancing the treatment and representation of individuals diagnosed with mental health conditions.

Summary

Senate Bill 553 (SB0553) proposes amendments to various sections of the Tennessee Code Annotated, specifically targeting the language used in relation to mental health conditions. This bill seeks to replace stigmatizing terms such as 'mental defective' with the more appropriate and respectful phrase 'person with a mental health condition.' The intent behind the amendment is to foster a more person-centered approach to mental health in legal contexts and to reduce stigma associated with mental health diagnoses. This bill includes substantial changes affecting several titles, including Title 16, Title 33, Title 39, among others, indicating a comprehensive approach to mental health laws in Tennessee.

Contention

Although the bill is presumably well-intentioned, it may face opposition or challenges in its passage, particularly from proponents of a more traditional approach to legal language. Some stakeholders may argue that the change in terminology does not address underlying issues faced by individuals with mental health conditions, such as access to care or support services. Additionally, there may be concerns regarding the clarity and implications of legal definitions and adjudications surrounding individuals with mental health conditions, particularly in determining fitness for trial or other legal capacities.