Tennessee Senate Bill SB2342

Tennessee 2023-2024 Regular Session

• Introduced: 1/30/24

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 bill introduces significant changes to existing laws regarding the handling of threats of mass violence. Under this bill, threatening to commit such acts will result in criminal penalties categorized as Class E or Class D felonies depending on specific circumstances, such as the location of the threat and the defendant's prior offenses. Furthermore, the bill mandates the creation of behavioral risk assessments to help determine the potential threat level of defendants. These assessments will be essential in pretrial decisions regarding bail, which can only be granted by higher courts in cases involving mass violence threats.

Summary

Senate Bill 2342, also known as the Act to amend Tennessee Code Annotated, addresses the issue of mass violence by establishing legal definitions and penalties for threats made through various forms of communication. The bill defines 'mass violence' as any act that could reasonably lead to serious bodily injury or death affecting four or more individuals and outlines what constitutes a means of communication. This legislation seeks to enhance public safety by adding provisions for the prosecution of individuals who threaten mass violence, particularly in connection with schools and other sensitive environments.

Contention

Notable points of contention around SB2342 include concerns raised about the implications for free speech and the potential for overreach in the legal system. Critics argue that broad definitions may lead to the criminalization of individuals for expressing thoughts that could be misconstrued as threats. Supporters, however, emphasize the importance of taking proactive measures to prevent mass violence, particularly in the wake of increasing incidents of such events in schools and public places. The balance between protecting constitutional rights and ensuring safety is a central theme in the discussions surrounding this bill.