Tennessee Senate Bill SJR0035

Tennessee 2023-2024 Regular Session

• Introduced: 1/12/23
• Engrossed: 3/6/23
• Refer: 3/9/23
• Refer: 3/28/23
• Refer: 4/4/23
• Enrolled: 4/11/23
• Passed: 4/21/23

Caption

A RESOLUTION to reject and express disapproval of the American Law Institute's 2022 changes to Article 213 of the Model Penal Code: Sexual Assault and Related Offenses.

Impact

The impact of SJR0035 revolves around its defense of existing laws concerning the regulation and monitoring of sexual offenders. The resolution not only reinforces the state’s position against the ALI's recommendations but also emphasizes the importance of maintaining sex offender registries that are open to the public. It addresses crucial aspects of victim protection and the need for accessible information that can help safeguard communities against sexual predators.

Summary

Senate Joint Resolution 35 (SJR0035) seeks to formally reject and express disapproval of the American Law Institute's (ALI) 2022 amendments to Article 213 of the Model Penal Code regarding Sexual Assault and Related Offenses. The resolution outlines the agreement of notable organizations, including the U.S. Department of Justice, that oppose the proposed changes made by ALI. By rejecting these changes, the resolution demonstrates Tennessee's commitment to upholding justice for victims and maintaining public accessibility to sex offender registries, which the proposed changes would threaten.

Sentiment

The sentiment around SJR0035 appears positive and supportive among the legislators who favor maintaining stringent standards for sexual assault statutes. The unanimous passage of the resolution, with a vote tally of 94-0, indicates strong bipartisan agreement on the need for effective victim protections and public safety measures. This resolution reflects a collective stance against any proposed legal modifications that could be perceived as lenient towards offenders or detrimental to victims.

Contention

While SJR0035 has garnered wide-ranging support, the core contention lies in the nature of the changes proposed by the ALI, which includes provisions such as a 'mistake of age' defense in cases of child prostitution. Critics of the original ALI amendments argue that such provisions could undermine the seriousness of sexual offenses and jeopardize the safety and rights of victims. Thus, SJR0035 aims to prevent any shifts in legal standards that might dilute the principles underlying sexual assault laws.