Top Legislation - View All
Latest Action: 03/12/2008 - Taken Off Notice For Calendar in Subcommittee Criminal Practice and Procedure of Judiciary of Judiciary Committee Bill TextCompanion Bill SB0284. Criminal Procedure - Allows state to call forensic interviewer as witness before the defense has challenged the victim's character in certain criminal cases involving victims under 13 years of age including rape of a child and aggravated child abuse. - Amends TCA Title 40, Chapter 17. Fiscal Summary for HB0912 / *SB0284Increase State Expenditures - $351,600 / Incarceration* Bill Summary for HB0912 / *SB0284 This bill authorizes the state to call a forensic interviewer as a witness in a criminal case after the victim has testified, regardless of whether the defense has challenged the character of the victim. This bill would only apply in criminal cases where the victim is less than 13 years of age at the time of the offense and the offense involved is: aggravated child abuse, aggravated sexual robbery, rape of a child,[...] show full description
Latest Action: 03/18/2008 - Action Deferred in Senate Jud Comm. to 3/25/2008 Bill TextCompanion Bill HB0912. Criminal Procedure - Allows state to call forensic interviewer as witness before the defense has challenged the victim's character in certain criminal cases involving victims under 13 years of age including rape of a child and aggravated child abuse. - Amends TCA Title 40, Chapter 17. Fiscal Summary for *SB0284 / HB0912Increase State Expenditures - $351,600 / Incarceration* Bill Summary for *SB0284 / HB0912 This bill authorizes the state to call a forensic interviewer as a witness in a criminal case after the victim has testified, regardless of whether the defense has challenged the character of the victim. This bill would only apply in criminal cases where the victim is less than 13 years of age at the time of the offense and the offense involved is: aggravated child abuse, aggravated sexual robbery, rape of a child,[...] show full description
Latest Action: 02/13/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill TextCompanion Bill SB0071. Evidence - Permits trier of fact to infer that if driver of motor vehicle falls asleep while driving or drives after no sleep for more than 24 hours, that conduct is reckless for purposes of offenses of reckless driving and reckless homicide. - Amends TCA Title 39, Chapter 13, Part 2 and Title 55, Chapter 10, Part 2. Fiscal Summary for HB0117 / *SB0071Increase State Expenditures - $13,200 / Incarceration* Increase Local Govt. Revenues - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for HB0117 / *SB0071 Under present law, reckless driving is the Class B misdemeanor of willfully or wantonly driving any vehicle in disregard for the safety of property or persons. This bill allows a judge or jury to infer, when a driver falls asleep while driving or drives without having slept during [...] show full description
Latest Action: 04/17/2008 - Withdrawn. Bill TextCompanion Bill SB0586. Evidence - Raises the limit below which medical bills are presumed to qualify as prima facie evidence of medical necessity as well as reasonableness from $4,000 to $8,000; modifies the rebuttable presumption pertaining to the reasonableness of charges evidenced by medical bills by specifying that the presumption must be rebutted by a preponderance of the evidence. - Amends TCA Section 24-5-113. Fiscal Summary for *HB0186 / SB0586 MINIMAL Bill Summary for *HB0186 / SB0586 Under present law, in an action by an injured party against the person claimed to have caused the injury, proof that medical, hospital or doctor bills were paid or incurred because of any illness, disease, or injury may be itemized in the complaint or civil warrant with a copy of bills attached. The bills are prima facie evidence that [...] show full description
Latest Action: 04/17/2007 - Action Deferred in Subcommittee Civil Practice and Procedure of Judiciary to summer study Bill TextCompanion Bill SB0168. Evidence - Enacts the "Exclusionary Rule Reform Act of 2007." - Amends TCA Title 24, Chapter 7 and Title 40, Chapter 17. Fiscal Summary for HB1255 / *SB0168 MINIMAL Bill Summary for HB1255 / *SB0168 This bill creates a good faith exception to the exclusionary rule in state courts. The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. The Constitution of the State of Tennessee, Article 1, Section 7, mirrors the fourth amendment. The "exclusionary rule" generally requires that evidence must be excluded from use in a criminal prosecution if the evidence is obtained in violation of constitutional safeguards against unreasonable searches and seizures. The U.S. Supreme Court and the Tennessee Supreme Court recognize the exclusionary rule; however, the [...] show full description
Latest Action: 03/20/2007 - Action Deferred in Senate Jud Comm. to 3/27/2007 Bill TextCompanion Bill HB0117. Evidence - Permits trier of fact to infer that if driver of motor vehicle falls asleep while driving or drives after no sleep for more than 24 hours, that conduct is reckless for purposes of offenses of reckless driving and reckless homicide. - Amends TCA Title 39, Chapter 13, Part 2 and Title 55, Chapter 10, Part 2. Fiscal Summary for *SB0071 / HB0117Increase State Expenditures - $13,200 / Incarceration* Increase Local Govt. Revenues - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for *SB0071 / HB0117 Under present law, reckless driving is the Class B misdemeanor of willfully or wantonly driving any vehicle in disregard for the safety of property or persons. This bill allows a judge or jury to infer, when a driver falls asleep while driving or drives without having slept during [...] show full description
Latest Action: 04/17/2007 - Failed In Senate Jud Comm. Ayes 0, Nays 4 PNV 4 Bill TextCompanion Bill HB1255. Evidence - Enacts the "Exclusionary Rule Reform Act of 2007." - Amends TCA Title 24, Chapter 7 and Title 40, Chapter 17. Fiscal Summary for *SB0168 / HB1255 MINIMAL Bill Summary for *SB0168 / HB1255 This bill creates a good faith exception to the exclusionary rule in state courts. The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. The Constitution of the State of Tennessee, Article 1, Section 7, mirrors the fourth amendment. The "exclusionary rule" generally requires that evidence must be excluded from use in a criminal prosecution if the evidence is obtained in violation of constitutional safeguards against unreasonable searches and seizures. The U.S. Supreme Court and the Tennessee Supreme Court recognize the exclusionary rule; however, the [...] show full description
Latest Action: 04/15/2008 - Failed In Senate Jud Comm. Ayes 1, Nays 8 PNV 0 Bill TextCompanion Bill HB0186. Evidence - Raises the limit below which medical bills are presumed to qualify as prima facie evidence of medical necessity as well as reasonableness from $4,000 to $8,000; modifies the rebuttable presumption pertaining to the reasonableness of charges evidenced by medical bills by specifying that the presumption must be rebutted by a preponderance of the evidence. - Amends TCA Section 24-5-113. Fiscal Summary for SB0586 / *HB0186 MINIMAL Bill Summary for SB0586 / *HB0186 Under present law, in an action by an injured party against the person claimed to have caused the injury, proof that medical, hospital or doctor bills were paid or incurred because of any illness, disease, or injury may be itemized in the complaint or civil warrant with a copy of bills attached. The bills are prima facie evidence that [...] show full description
Latest Action: 04/29/2008 - Assigned to Gen. Sub of: Senate Jud Comm. Bill TextCompanion Bill HB2995. Evidence - Enacts the "Exclusionary Rule Reform Act of 2008." - Amends TCA Title 24, Chapter 7 and Title 40, Chapter 17. Fiscal Summary for *SB2634 / HB2995 MINIMAL Bill Summary for *SB2634 / HB2995 This bill creates a good faith exception to the exclusionary rule in state courts. The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. The Constitution of the State of Tennessee, Article 1, Section 7, mirrors the fourth amendment. The "exclusionary rule" generally requires that evidence must be excluded from use in a criminal prosecution if the evidence is obtained in violation of constitutional safeguards against unreasonable searches and seizures. The U.S. Supreme Court and the Tennessee Supreme Court recognize the exclusionary rule; however, the U.S. Supreme Court [...] show full description
Latest Action: 05/07/2008 - Companion House Bill Substituted (sends Senate Bill to deAdopted bill file) Bill TextCompanion Bill HB2662. Evidence - Creates privileged communication between critical incident stress management team members participating in critical incident stress intervention. - Amends TCA Title 24, Chapter 1, Part 2. Fiscal Summary for *SB2635 / HB2662MINIMAL Bill Summary for *SB2635 / HB2662 This bill establishes a testimonial privilege for a critical incident stress management team member, team leader, or group participant. Under this privilege, such a person providing or participating in critical incident stress intervention will not be required to testify or divulge any information from a critical incident debriefing session, crisis response, or training session. The testimonial privilege will not apply if: (1) The communication or advice indicates clear and present danger to the individual who receives crisis response services [...] show full description
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Latest Legislation - View All
Latest Action: 02/05/2008 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill TextCompanion Bill SB3248. Evidence - Prohibits admissibility of an apology in a case involving medical malpractice. - Amends TCA Title 24, Chapter 7, Part 1. Fiscal Summary for HB3390 / *SB3248Increase State Expenditures - Not Significant Bill Summary for HB3390 / *SB3248 This bill prohibits the admission into evidence in a medical malpractice case of any statement expressing apology, fault, sympathy, commiseration, regret, condolence, compassion, error, or a general sense of benevolence that is made by a health care provider or an employee of a health care provider to an alleged recipient of an unanticipated health care outcome, or to the relative or representative of the alleged recipient, and that relates to the discomfort, pain, suffering, injury, or death of the alleged recipient as the result of the unanticipated outcome of medical care.[...] show full description
Latest Action: 01/29/2008 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill TextCompanion Bill SB2634. Evidence - Enacts the "Exclusionary Rule Reform Act of 2008." - Amends TCA Title 24, Chapter 7 and Title 40, Chapter 17. Fiscal Summary for HB2995 / *SB2634 MINIMAL Bill Summary for HB2995 / *SB2634 This bill creates a good faith exception to the exclusionary rule in state courts. The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. The Constitution of the State of Tennessee, Article 1, Section 7, mirrors the fourth amendment. The "exclusionary rule" generally requires that evidence must be excluded from use in a criminal prosecution if the evidence is obtained in violation of constitutional safeguards against unreasonable searches and seizures. The U.S. Supreme Court and the Tennessee Supreme Court recognize the exclusionary rule; however, the U.S. Supreme Court [...] show full description
Latest Action: 01/29/2008 - Assigned to Subcommittee Criminal Practice and Procedure of JUD Bill TextCompanion Bill SB3545. Evidence - Permits use of audio or video recordings of child's statement in child abuse and child sex abuse cases if the statement is nontestimonial and is otherwise admissible under rules of evidence; provides for in camera viewing and notice to defendant. - Amends TCA Title 24 and Title 37. Fiscal Summary for *HB3043 / SB3545Increase State Expenditures - Not Significant Increase Local Expenditures - Not Significant Bill Summary for *HB3043 / SB3545 This bill provides for the admissibility as evidence of an audio or video recording containing a statement made by a child under the age of 13 describing any act of sexual contact, sexual abuse, or physical abuse performed with or on the child by another person. The recording would be admissible in a criminal proceeding if the court finds that the statement at issue [...] show full description
Latest Action: 03/25/2008 - Action Deferred in Senate Jud. Comm. to last Calendar Bill TextCompanion Bill HB3390. Evidence - Prohibits admissibility of an apology in a case involving medical malpractice. - Amends TCA Title 24, Chapter 7, Part 1. Fiscal Summary for *SB3248 / HB3390Increase State Expenditures - Not Significant Bill Summary for *SB3248 / HB3390 This bill prohibits the admission into evidence in a medical malpractice case of any statement expressing apology, fault, sympathy, commiseration, regret, condolence, compassion, error, or a general sense of benevolence that is made by a health care provider or an employee of a health care provider to an alleged recipient of an unanticipated health care outcome, or to the relative or representative of the alleged recipient, and that relates to the discomfort, pain, suffering, injury, or death of the alleged recipient as the result of the unanticipated outcome of medical care.[...] show full description
Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate Jud Comm. Bill TextCompanion Bill HB3043. Evidence - Permits use of audio or video recordings of child's statement in child abuse and child sex abuse cases if the statement is nontestimonial and is otherwise admissible under rules of evidence; provides for in camera viewing and notice to defendant. - Amends TCA Title 24 and Title 37. Fiscal Summary for SB3545 / *HB3043Increase State Expenditures - Not Significant Increase Local Expenditures - Not Significant Bill Summary for SB3545 / *HB3043 This bill provides for the admissibility as evidence of an audio or video recording containing a statement made by a child under the age of 13 describing any act of sexual contact, sexual abuse, or physical abuse performed with or on the child by another person. The recording would be admissible in a criminal proceeding if the court finds that the statement at issue [...] show full description
Latest Action: 04/17/2008 - Assigned to Gen. Sub of: Senate Jud Comm. Bill TextEvidence - Increases from $4,000 to $5,000 amount of itemized medical bills that can be attached to a civil complaint as prima facie evidence that medical bills so paid or incurred were necessary and reasonable; increases total amount annually based on medical care component of the consumer price index beginning on January 1, 2009. - Amends TCA Section 24-5-113(a)(3). Fiscal Summary for SB3568 / *HB2721 Decrease State Expenditures - Not Significant Decrease Local Expenditures - Not Significant
Latest Action: 04/16/2008 - Taken Off Notice For Calendar in: Judiciary Committee Bill TextCompanion Bill SB2802. Evidence - Allows presumption regarding reasonableness and necessity of medical, hospital, and doctor bills to apply up to jurisdictional limit in any claim filed in general sessions court. - Amends TCA Title 24, Chapter 5, Part 1. Fiscal Summary for HB2834 / *SB2802 MINIMAL Bill Summary for HB2834 / *SB2802 Under present law, there is a legal presumption that medical bills itemized with copies attached to a complaint or civil warrant were necessary and reasonable; provided, that the total amount of the attached bills does not exceed $4,000. This bill specifies that the presumption applies to the attached medical bills, not exceeding $4,000, regardless of the total amount of all medical bills. This bill also applies the presumption regarding reasonableness and necessity of medical, hospital, and doctor [...] show full description
Latest Action: 04/08/2008 - Taken Off Notice For Calendar in Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill TextEvidence - Increases from $4,000 to $5,000 amount of itemized medical bills that can be attached to a civil complaint as prima facie evidence that medical bills so paid or incurred were necessary and reasonable; increases total amount annually based on medical care component of the consumer price index beginning on January 1, 2009. - Amends TCA Section 24-5-113(a)(3). Fiscal Summary for *HB2721 / SB3568 Decrease State Expenditures - Not Significant Decrease Local Expenditures - Not Significant
Latest Action: 04/17/2008 - Assigned to Gen. Sub of: Senate Jud Comm. Bill TextCompanion Bill HB2834. Evidence - Allows presumption regarding reasonableness and necessity of medical, hospital, and doctor bills to apply up to jurisdictional limit in any claim filed in general sessions court. - Amends TCA Title 24, Chapter 5, Part 1. Fiscal Summary for *SB2802 / HB2834 MINIMAL Bill Summary for *SB2802 / HB2834 Under present law, there is a legal presumption that medical bills itemized with copies attached to a complaint or civil warrant were necessary and reasonable; provided, that the total amount of the attached bills does not exceed $4,000. This bill specifies that the presumption applies to the attached medical bills, not exceeding $4,000, regardless of the total amount of all medical bills. This bill also applies the presumption regarding reasonableness and necessity of medical, hospital, and doctor [...] show full description
Latest Action: 05/21/2008 - Senate refused to recede from am. 2 Bill TextCompanion Bill SB2635. Evidence - Creates privileged communication between critical incident stress management team members participating in critical incident stress intervention. - Amends TCA Title 24, Chapter 1, Part 2. Fiscal Summary for HB2662 / *SB2635MINIMAL Bill Summary for HB2662 / *SB2635 This bill establishes a testimonial privilege for a critical incident stress management team member, team leader, or group participant. Under this privilege, such a person providing or participating in critical incident stress intervention will not be required to testify or divulge any information from a critical incident debriefing session, crisis response, or training session. The testimonial privilege will not apply if: (1) The communication or advice indicates clear and present danger to the individual who receives crisis response services [...] show full description
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