TRACY HARRIS – Staff Writer
New laws took effect in Tennessee as the New Year began. The following laws went into effect on Jan. 1, 2024.
SB 0258 adds GPS to court-issued breathalyzers. GPS technology will be put on any vehicles that are court ordered to have an ignition interlock device. The bill says that it will not be used for any other type of tracking.
SB 0360 concerns gun safety course law. Tennessee Department of Homeland Security (TDHS) is starting a voucher program to reduce the cost for people taking firearm safety courses. This voucher program is for people taking a firearm safety course for the first time on or after Jan. 1, 2024. Participants will get a $100 enhanced handgun carry permit application and processing fee reimbursement.
The law also requires TDHS to give information on approved handgun safety training courses with minimal costs on their website. The Tennessee Department of Safety (DOS) will be able to use that $100 fee to pay reimbursements of up to $30 per person to an approved handgun safety school. It will end on Jan. 1, 2025, unless it gets extended.
The Eddie Conrad Act, SB 0589, increases the penalties for distracted driving. It increases the amount of points that go on someone’s driving record if they are caught on their phone. The bill was named for Eddie Conrad, who was in the car with his wife and grandchildren in July 2020 when a distracted driver hit them from behind. Their vehicle was pushed into oncoming traffic and Eddie died. The family has worked to bring awareness to the consequences of distracted driving ever since. In addition to texting, the bill also applies to holding, reading, or reaching for electronic devices while driving, and using one to record videos while driving.
One of the most drastic bills, Abrial’s Law, SB 0722, is shaping child custody laws in Tennessee, especially in abusive situations. The law states that a court cannot remove a child from a parent in a custody dispute if they are considered competent, protective of the child, and not physically, sexually or mentally abusive. If a parent has been alleged to have committed child abuse or domestic violence, the court can consider any evidence of past abuse committed by the accused parent, in addition to any other relevant admissible evidence like arrest records and restraining orders. If the court finds probable cause of domestic violence or child abuse and the other parent is safe, the court must award full custody to the “safe” parent. If the court orders visitation with an abusive parent, that visitation must be supervised by a professional.
This bill also prohibits a parent from being penalized when making good faith complaints concerning domestic violence and/or child abuse.
Judges involved in child custody proceedings must also complete at least two hours of training/continuing education courses on domestic violence or child abuse each year, or 10 hours every five years.
SB 0814 assists inmates in obtaining post-release employment. The Tennessee Department of Correction (TDOC) will be required to provide inmates being released after a felony offense with relevant documentation to help them obtain employment. The bill also requires TDOC to start the process nine months before the inmate is scheduled for release.
TDOC will be required to provide the following documentation to assist an inmate in obtaining post-release employment in certain situations where it is applicable:
- A copy of the person’s vocational training record
- A copy of the person’s work record
- A certified copy of their birth certificate
- Social security card or replacement social security card
- Notifying the person if they are eligible to apply for a license from state entities that are charged with oversight of occupational licenses or certifications
The “James ‘Dustin’ Samples Act”, SB 0856, provides support and resources for firefighters suffering from post-traumatic stress disorder (PTSD). The bill was named after James “Dustin” Samples, who worked for the Cleveland Fire Department for 21 years. Samples died by suicide in 2020 after reportedly suffering from PTSD.
The new law establishes a grant program that mitigates the cost when employers provide worker’s compensation for firefighters struggling with their mental health. Employers must provide mental health resiliency training as part of their continuing education program to qualify for the grant.
If a firefighter is diagnosed with PTSD by a mental health professional due to responding to one or more incidents with at least one of the factors listed below, then the injury is presumed to have been incurred in the line of duty and is compensable under the Workers’ Compensation Law (unless shown by a preponderance of the evidence that PTSD was caused by non-service-connected risk factors or non-service-connected exposure).
The factors considered are:
- Directly witnessing the death of a minor, or treating the injury of a minor, who subsequently died before or upon arrival at a hospital emergency department
- Directly witnessing an individual whose death involved a serious bodily injury of a nature that shocks the conscience
- Responding to an event where there was a victim with a serious bodily injury that shocks the conscience
- Responding to an event where a responder, co-worker of a responder, or family member of a responder sustained a serious bodily injury or died.
