| 4 | 3 | | |
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| 5 | 4 | | HOUSE BILL 554 |
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| 6 | 5 | | By Capley |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | HB0554 |
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| 10 | 9 | | 001299 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 4, |
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| 14 | 13 | | Chapter 54, relative to the Tennessee Firearms |
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| 15 | 14 | | Freedom Act. |
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| 16 | 15 | | |
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| 17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 18 | 17 | | SECTION 1. Tennessee Code Annotated, Title 4, Chapter 54, is amended by adding |
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| 19 | 18 | | the following new section: |
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| 20 | 19 | | (a) It is a violation of an individual's civil rights for a government entity, official, |
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| 21 | 20 | | employee, or agent to infringe upon or deny an individual the full exercise and enjoyment |
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| 22 | 21 | | of any right recognized and protected by Article I, Section 26, of the Tennessee |
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| 23 | 22 | | Constitution or any right recognized and protected by the Second Amendment to the |
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| 24 | 23 | | United States Constitution. It is not a violation of this section for a government entity, |
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| 25 | 24 | | official, employee, or agent to enforce laws or regulations within the scope of the entity's, |
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| 26 | 25 | | official's, employee's, or agent's authority unless the law or regulation has been |
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| 27 | 26 | | determined by a court to violate either the Tennessee or United States Constitutions. |
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| 28 | 27 | | (b) A violation of this section may be enforced by means of a civil action, which |
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| 29 | 28 | | may be brought in the county in which the action arose. |
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| 30 | 29 | | (c) A violation of this section by a government official, employee, or agent may |
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| 31 | 30 | | also be punished as official oppression pursuant to § 39-16-403. |
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| 32 | 31 | | (d) A government entity, official, employee, or agent who violates this section is |
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| 33 | 32 | | liable for: |
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| 34 | 33 | | (1) The actual damages caused by the violation or statutory damages of |
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| 35 | 34 | | two hundred fifty dollars ($250) per each day of the violation, whichever is |
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| 36 | 35 | | greater; |
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| 37 | 36 | | |
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| 38 | 37 | | |
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| 39 | 38 | | - 2 - 001299 |
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| 40 | 39 | | |
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| 41 | 40 | | (2) Notwithstanding § 29-39-104, punitive damages to be determined by |
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| 42 | 41 | | the trier of fact; and |
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| 43 | 42 | | (3) Reasonable attorney's fees and court costs. |
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| 44 | 43 | | (e) A government entity, official, employee, or agent who commits an act or |
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| 45 | 44 | | engages in any pattern or practice in violation of this section may be enjoined from |
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| 46 | 45 | | further violations by a court of competent jurisdiction. |
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| 47 | 46 | | (f) An action for an injunction under subsection (e) may be brought by: |
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| 48 | 47 | | (1) A person whose rights have been violated; |
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| 49 | 48 | | (2) An entity that engages in advocacy for the protection and furtherance |
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| 50 | 49 | | of the rights protected by this section; or |
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| 51 | 50 | | (3) Any other person or entity that will fairly and adequately represent the |
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| 52 | 51 | | interests of those whose rights are protected by the state or federal constitutions |
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| 53 | 52 | | as set forth in subsection (a). |
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| 54 | 53 | | (g) A knowing or willful violation of this section by a government official |
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| 55 | 54 | | constitutes grounds for ouster under title 8, chapter 47. |
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| 56 | 55 | | (h) This section does not preclude any person or entity from seeking any |
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| 57 | 56 | | remedies, penalties, or procedures otherwise provided by law. |
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| 58 | 57 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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