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Cynthia S. Lyons

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Legislative Updates

January 13, 2019 By Cynthia Lyons

New Laws in 2019

Most new laws take effect on July 1 of the year they are passed, but some new laws have delayed effective dates.  A number of new laws passed by last year’s General Assembly have therefore recently taken effect on January 1, 2019.  Some of these new laws for 2019 are summarized here:

Wine sales

Grocery stores will be able to sell wine on Sundays (with the exception of Christmas, Easter and Thanksgiving) between 10 a.m. and 11 p.m. The first Sunday falls on Jan. 6 (HB1540).

Immigration

The bill prohibits state and local governmental entities and officials from adopting sanctuary policies. State and local entities that adopt sanctuary city policies will be ineligible for economic and community development state funds until the policy is “repealed, rescinded, or otherwise no longer in effect” (HB2315).

Public schools

A law requiring public schools and public charter schools used as polling locations for a November election be closed for instruction on Election Day. It will be up to local education agencies to decide if those schools will close for elections not held in November (HB1344).

This law requires every local board of education to develop a policy and implement a program to reduce potential sources of lead contamination in drinking water in public schools. Drinking water sources at school facilities constructed before Jan. 1, 1998 must follow the guidelines (SB0619).

Opioids

This bill requires the Department of Health to “establish, maintain and publicize” a phone and online hotline for citizens to report allegations of opioid abuse.

Additionally, any entity that prescribes, dispenses or handles opioids must display a sign advertising the hotline, such as at a doctor’s office. It also creates protections for those reporting “in good faith” (HB 2004).

Abortion

Women seeking an abortion in Tennessee will be required to have an ultrasound as part of an examination prior to an abortion. According to the law, the person who performs the ultrasound must offer the woman the opportunity to learn the results, including whether or not a heartbeat is detected (HB0108).

Motor Vehicles

Increases, from $400 to $1,500, the minimum property damage threshold for which a motor vehicle accident requires a written report to be filed with the department of safety, except in cases of damage to state or local government property; increases, from $500 to $1,500, the property damage threshold differentiating a Class B misdemeanor from a Class A misdemeanor for the offense of leaving the scene of an accident.

Handgun Permits

As enacted, exempts from the firing range and classroom hours requirements to obtain a handgun carry permit anyone who in the five years preceding the date of application has successfully completed a department of correction firearms qualification.

July 20, 2018 By Cynthia Lyons

Update on Tennessee Expungement Fees

As of July 1, 2018, a person who petitions for expungement of records because the charge against that person was dismissed after he/she successfully completed pre-trial diversion or judicial diversion shall be assessed a $180.00 fee.  This is a reduction from the previous $350.00 fee.  There will still be a $100 clerk’s fee, for a total fee of $280.00 — down from the previous total fee of $450.00.

Tennessee State Capitol Building

June 22, 2017 By Cynthia Lyons

NEW LAWS IN 2017: “E” IS FOR EXPUNGEMENT

Second In A Series About New Laws in Tennessee, 2017

The legislators have gone home and the Governor has writer’s cramp, so now it’s time for the rest of us to try to sort out the legislature’s work product for 2017.  The next topic will be expungement.

fee reduction

  1.  Fee Reduction:  Public Chapter 456 reduces from $350 to $180 the expunction fee for criminal convictions.  This law took effect May 25, 2017.
  2. expunge_zpsyr4sguxdTwo Convictions:  Public Chapter 298 permits a person who has no more than two convictions to petition on a one-time basis for expunction of both convictions, if each offense is otherwise eligible for expunction and if the offenses were two misdemeanors, or one misdemeanor and one felony.  This law took effect May 5, 2017.
  3. record in trashJuveniles: Public Chapter 197 requires expunction of certain juvenile records upon motion.  This applies to juvenile records which contain only unruly adjudications or delinquency adjudications for offenses that would be misdemeanors if committed by an adult.  This law takes effect July 1, 2017.
  4. Juveniles:  Public Chapter 199 creates a process for the expunction of juvenile court records for cases in which the juvenile successfully completed pretrial or judicial diversion.  This law takes effect July 1, 2017.

Check back here in the coming days and weeks to stay updated on this year’s new laws.

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