AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 34, relative to charitable organizations.
The proposed law changes the scope of liability under Tennessee Code Annotated, Title 29, Chapter 34. Charitable organizations, which have historically been viewed as benevolent entities, may now face significant legal exposure if they are found to act with negligence while housing individuals. This could deter these organizations from providing essential services to certain populations, particularly undocumented individuals, due to fears of potential lawsuits.
House Bill 0811 seeks to amend existing Tennessee laws regarding the liability of charitable organizations that provide housing services. Specifically, it introduces provisions that hold these organizations accountable for any loss, damages, injury, or death that occurs as a result of a criminal offense committed by individuals who are unlawfully present in the United States while receiving housing from them. This adds a new layer of legal responsibility for the actions of the individuals assisted by these organizations.
The discussion around HB 0811 has sparked diverse and polarized opinions among lawmakers and advocacy groups. Supporters believe that the bill is necessary to protect communities from the repercussions of criminal activities committed by individuals unlawfully present in the country. In contrast, opponents argue that such liability provisions could hinder charitable efforts and negatively impact vulnerable populations in need of housing assistance.
A notable point of contention is the bill's implications for local charitable organizations. Critics caution that imposing liability for acts that may be beyond the control of charitable providers introduces a disincentive to help individuals who are in precarious situations. Furthermore, there are concerns that this approach may foster apprehension among organizations, leading to a chilling effect on their willingness to assist those most in need due to fear of litigation.