Experience Cynthia Lyons has been practicing law in the Upper Cumberland for over 25 years. She started her journey into this beautiful area in Crossville, and she is now based in …
Attorney Journal
Recent Developments in Tennessee Criminal Law
New Offenses
As of July 1, 2022 there is a new criminal offense in Tennessee: Aggravated Reckless Driving. A person commits aggravated reckless driving who 1) commits the offense of reckless driving (which is driving any vehicle in willful or wanton disregard for the safety of persons or property) see https://law.justia.com/codes/tennessee/2021/title-55/chapter-10/part-2/section-55-10-205/ AND
2) intentionally or knowingly impedes traffic upon a public street, highway, alley, parking lot, or driveway, or on the premises of a shopping center, trailer park, apartment house complex, or any other premises accessible to motor vehicles that are generally frequented by the public at large.
Aggravated Reckless Driving is a Class A Misdemeanor and carries the following potential punishments:
- Up to 11 months and 29 days in jail;
- Probation for up to 11 months and 29 days;
- A fine of up to $5,000.00
- Court costs
- Points on the offender’s driver’s license.
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sanctuary city policies will be ineligible for economic and community development state funds until the policy is “repealed, rescinded, or otherwise no longer in effect” (HB2315).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.
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.