Posted: 6/24/2009 1:22:11 PM EDT
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We had an e-mail issue, which delayed my receiving & posting this update. My apologies!
Tennessee Firearms Association, Inc. Legislative Action Committee ________________________________________ Tennessee's Legislature has gone home until next January –– well, except for a whole host of summer and fall activities, study sessions. So, are they really gone? Even as the legislature adjourns, our focus turns to assessing what has passed into law this year, evaluating the votes of various legislators who have been claiming that they "support the 2nd Amendment" to see if the assertions and the actions match up, working on our list of bills for next year and, but not least, gearing up to deal with local governments across the state who are doing everything they can - as fast as they can - to close local parks and to see if there are ways that they can attack the restaurant legislation. It is important, very important, for each of us to turn our time, efforts and attention to local governments and to bring to them the fact that constitutional rights are now issues that they have to be aware of and which limit their decisions. This includes calling, emailing, writing, and face to face meetings with these elected officials. It means letters to the local news media. Calls to local talk shows. We need and have to have as much of a presence locally as we have exerted at the state level. Check for updates on www.tfaonline.org/forum ________________________________________ LEGISLATIVE STATUS REPORT CRIMINAL LAW SB 0019* HB 0082 Carrying firearms - judges. Authorizes current and retired judges who possess a handgun carry permit to carry a firearm under the same circumstances and conditions as law enforcement officers and correctional officers. Current law allows law enforcement officers to carry firearms at all times, on-duty or off-duty, except if prohibited by federal law, court orders, or written directives of the executive supervisor of the employing agency, or if the officer is on school grounds or under the influence of alcohol or a controlled substance. (S: Gresham; H: Shaw) Amendment: Senate amendment 1 allows persons who are vested with judicial powers to carry weapons during judicial proceedings when they are discharging their official duties as a judge and when they possess a handgun carry permit. House amendment 1 imposes the following requirements for this bill's authorization for judges and retired judges to apply: (1) The judge must be authorized to carry a weapon pursuant to the present law provisions governing handgun carry permits; (2) The judge must complete, at the judge's expense, the firearms component of the Basic Law Enforcement Course that is included within the minimum curricula requirements for police officer certification as established in the rules of the peace officer standards and training (POST) commission; and (3) Beginning in the year immediately following the year in which the judge completes the requirement of (2), the judge must annually complete, at the judge's expense, the firearms requalification requirement of the In-Service Training Requirements for police officers as established in the rules of the POST commission. Requires the POST Commission to establish by rule an appropriate fee to charge judges who attempt the firearms component of the Basic Law Enforcement Course and the firearms requalification requirement of the In-Service Training Requirements for police officers. Specifies that the fee must be sufficient to defray all cost of participation in such training. Senate Status: Senate 06/09/2009 appoints conference committee. House Status: House 06/03/2009 appoints conference committee. TFA OPPOSED House version and supported Senate amendment. Bill did not reach a compromise. House version was "class legislation". CRIMINAL LAW SB 0032 HB 0046* Handgun information privacy. Prohibits department of safety or any department-approved handgun safety course employee from requiring applicant for handgun carry permit to furnish any identifying information concerning any handgun the applicant owns or possesses. (S: Tracy; H: Evans) Senate Status: Senate passed 04/09/2009. House Status: House passed 03/19/2009. Other Status: Enacted as Public Chapter 0101 (effective 04/27/2009). CRIMINAL LAW SB 0040 HB 0112* Possession of handguns while on certain premises. Allows persons with a handgun carry permit to carry a handgun year-round on public hunting areas and wildlife management areas. Specifies that such individuals are still subject to all wildlife laws, rules, and regulations. (S: Bunch; H: Bell) Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Criminal Practice Subcommittee 04/01/2009. Alternate bill enacted. CRIMINAL LAW SB 0084* HB 0503 Carrying handgun in building where alcohol is served. Allows person with handgun carry permit who is not consuming alcohol to carry handgun in establishment that serves alcohol or beer and derives 60 percent or more of its gross annual revenue from food sales, except if establishment has posted notice prohibiting weapons. Adds to persons for whom the department shall suspend or revoke handgun carry permit: person convicted of Class A misdemeanor of possessing a firearm where alcohol is served. (S: Stanley; H: Todd) Senate Status: Referred to Senate Judiciary. House Status: House Judiciary Criminal Practice Subcommittee deferred to summer study. 04/08/2009. Alternate bill enacted. COMMERCIAL LAW SB 0119 HB 0071* Redefines all-terrain vehicle. Redefines "all-terrain vehicle" for purposes of the Motorcycle and Off-Road Vehicle Dealer Fairness Act to include a motorized vehicle that is limited in engine displacement to 1,000 cubic centimeters or less and is limited in total dry weight to less than 1,500 pounds. Current law specifies engine displacement to 800 cubic centimeters or less and a dry weight of 850 pounds. (S: Southerland; H: McCord) Senate Status: Withdrawn in Senate 02/09/2009. House Status: Withdrawn in House 02/09/2009. CRIMINAL LAW SB 0172 HB 0221* Confidentiality of handgun carry permit applications. Makes confidential information pertaining to handgun carry permits relative to public inspection or publication. Authorizes law enforcement agencies to access such information for investigating or prosecuting purposes. Specifies that publication of such information by anyone other than the permit holder is a Class A misdemeanor punishable by fine only. (S: Ketron; H: Bass) Senate Status: Senate Judiciary Firearms & Ammunitions Subcommittee deferred to 03/25/2009. House Status: Referred to House Judiciary Criminal Practice Subcommittee. Alternate bill HB0959 died in Senate at end of session. CRIMINAL LAW SB 0180 HB 0004* Exemption for certain handgun carry permit requirements. Clarifies that a person who is exempt from classroom and firing range training requirement by reason of prior military experience is also exempt from payment of $115 application and processing fee. (S: Jackson; H: Bass) House Co-Sponsor: Turner M. Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009. House Status: House Budget Subcommittee 06/15/2009 deferred to next calendar. CRIMINAL LAW SB 0190 HB 0266* Self defense used in a person's business. Clarifies that the law of self-defense applies to a person's business, in addition to a person's lawful residence, dwelling and vehicle. (S: Bunch; H: Watson E.) Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Criminal Practice Subcommittee 03/25/2009. CRIMINAL LAW SB 0201* HB 0587 Disposition of confiscated weapons. Allows director of judicial district drug task force to petition court for permission to dispose of confiscated weapons by public sale, destruction of weapons or by retaining weapon for legitimate law enforcement purposes. (S: Bunch; H: Coleman) Amendment: Senate amendment 1 specifies that the proceeds from the sale shall go into the county or municipal general fund unless the weapon was confiscated by a judicial district drug task force in which case the funds are deposited for the benefit of the task force. Senate Status: Senate 03/16/2009 passed with previously adopted amendment 1. House Status: House passed 04/20/2009. Other Status: Enacted as Public Chapter 0116 (effective 05/05/2009). CRIMINAL LAW SB 0211* HB 0363 Handgun permit holders allowed to carry guns in parks. Allows a person with a handgun carry permit to posses a handgun while within the boundaries of any public park or while hunting big game with a bow and arrow during the archery-only deer season. (S: Crowe; H: Mumpower) Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009. House Status: Taken off notice in House Criminal Practice Subcommittee 04/15/2009. Alternate bill enacted. CRIMINAL LAW SB 0245* HB 0521 Authorizes judges and district attorneys to carry firearms. Allows any person with a gun carry permit to possess a firearm at any public park, public postsecondary institution, and restaurant in this state if the person is not consuming alcoholic beverages. Authorizes judges and district attorneys with handgun carry permits or appropriate training to carry firearms where law enforcement is authorized to carry firearms. (S: Gresham; H: Rich) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Criminal Practice Subcommittee. Alternate bill died. CRIMINAL LAW SB 0262* HB 0972 Handgun permit holder allowed to carry gun in parks. Authorizes anyone with handgun carry permit to possess firearm in local, state, or federal parks in TN or in a refuge, public hunting area, wildlife management area, or on national forest land in TN. Declares that no state or local government entity may prohibit anyone with a handgun carry permit from possessing a firearm in any public park in TN. (S: Jackson; H: McCord) Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009. House Status: House Judiciary Criminal Practice Subcommittee deferred to summer study. 04/08/2009. Alternate bill enacted. CRIMINAL LAW SB 0263* HB 0490 Handgun permits for probation and parole officers. Authorizes any probation or parole officer who has a valid permit to carry a handgun at the same times and in the same locations as law enforcement officers. Permits the board of parole to require that a parole or probation officer receive more extensive handgun training than is required for a handgun carry permit if the officer intends to carry a handgun during the course of the officer's employment. (S: Jackson; H: Tidwell) Oversight Corrections Committee comment: Oversight Corrections Committee 03/16/2009 adopted and released to full committee with additional remark that allows probation/parole officers who posses a valid handgun carry permit to carry their weapon in the same manner as allowed for law enforcement officers. Allows the BOPP to require more intensive training if the officer chooses to carry their weapon during the course of their employment. The following is the BOPP's current policy and position: This bill authorizes the Board of Probation and Parole to establish policies and procedures whereby probation and parole officers may lawfully carry handguns during the course of their employment, and specifies that any such policies and procedures must require periodic background checks and firearms training. Even though this bill is only permissive, it establishes the statutory authority required for the Board to be able to permit its officers to carry handguns and to develop relevant policies. Currently, the board has a policy that prohibits its officers from carrying handguns while performing work related duties. By prohibiting its officers from carrying handguns on the job, the board eliminates possible issues of liability. Arming officers could provide more protection for strong, well trained officers; however, there is always the potential risk that an offender could gain control over the gun in spite of an officer's resistance. Officers are permitted to carry non-lethal self defense items such as pepper spray or mace. This issue has been considered and reviewed by the Board for many years with the consistent decision that their officers should not be armed. If this bill does not pass, the Board's policy will remain in effect. Passage of the bill is likely to provide an impetus for the board to restudy its current policy. Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009. House Status: Taken off notice in House Criminal Practice Subcommittee 04/01/2009. Other Status: Oversight Corrections Committee 03/16/2009 reviewed, comment adopted and released to full committee. ENVIRONMENT & NATURE SB 0264* HB 0569 Fishing and hunting licenses for disabled. Allows TWRA to issue sport fishing and hunting licenses at no cost to Tennessee residents who are 100 percent disabled and receive social security disability benefits. (S: Jackson; H: Shepard) Senate Status: Taken off notice in Senate Finance, Ways & Means 06/18/2009. House Status: House Conservation & Environment deferred to last calendar. CRIMINAL LAW SB 0265* HB 0489 Possession of firearm where alcohol is served. Permits a person who has a permit to carry a handgun to carry gun in place where alcohol is served for consumption on premises if person not consuming alcohol or is not otherwise prohibited by posting provisions. Known as the "guns in bars" bill. (S: Jackson; H: Tidwell) Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009. House Status: Taken off notice in House Criminal Practice Subcommittee 04/01/2009. CRIMINAL LAW SB 0272 HB 0359* Handguns on public hunting or wildlife management areas. Creates an exception to the prohibition against possessing firearms while an individual is traversing public hunting or wildlife management areas inhabited by big game so long as the firearm possessed is a handgun and the individual has a valid handgun carry permit. (S: Gresham; H: Dennis) House Co-Sponsor: Rich Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Criminal Practice Subcommittee. ENVIRONMENT & NATURE SB 0280 HB 0365* TDEC jurisdiction over the Off-Highway Vehicle Act. Transfers authority of the "Tennessee Off-Highway Vehicles Act" from the wildlife resources department to the department of environment and conservation. Clarifies some language but makes no other substantive changes. (S: Stewart E.; H: Matheny) Senate Status: Taken off notice in Senate Environment, Conservation & Tourism 04/21/2009. House Status: Taken off notice in House Wildlife Subcommittee 04/21/2009. TORT LIABILITY SB 0281 HB 0367* Injury or death from risks of off-highway vehicles. Precludes civil liability of any person, including corporation or partnership, or any off-highway vehicle (OHV) professional who facilitates or provides access to certain OHV activities which result in injury or death from the activity's inherent risks. Broadly captioned. (S: Stewart E.; H: Matheny) Senate Status: Senate Judiciary deferred to 05/12/2009. House Status: House Civil Practice Subcommittee deferred to summer study. TRANSPORTATION VEHICLES SB 0282 HB 0366* Tennessee Off-Highway Vehicle Association. Allows an owner or lessee of a motor vehicle who pays the regular fee and the specialty fee to be issued a Tennessee Off-Highway Vehicle Association specialty earmarked license plate. Requires that the funds produced from the sale of these specialty license plates to be allocated to the association. (S: Stewart E.; H: Matheny) Senate Status: Senate passed 03/30/2009. House Status: House Transportation 03/24/2009 recommended. Referred to Omnibus Special License Plate Bills Committee. CRIMINAL LAW SB 0287* HB 0796 Selling of seized firearms at public auction. Increases time period within which a seized firearm may be sold at public auction pursuant to court order from six to 12 months. (S: Black; H: Barker) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Criminal Practice Subcommittee. CRIMINAL LAW SB 0309* HB 1736 Montlake Classic Clays shooting range - right to operate. Authorizes Montlake Classic Clays shooting range in Hamilton County to continue operating as a shooting range at the same location where it has operated for over 30 years. Specifies that such right shall not be amended, restricted, or terminated due to zoning changes. (S: Berke; H: Fincher) Amendment: Senate amendment 4 details the specific parameters of the shooting range and the property on which it is located. House amendment 1 prohibits any sport shooting range that is open to the public and was in continuous operation for at least 30 years immediately preceding December 16, 2008, from being amended, restricted, or terminated due to any land use planning or zoning applicable to the shooting range's location under certain conditions involving distance from adjoining boundary lines or road extensions. Senate Status: Senate 05/18/2009 concurred in House amendment 1. House Status: House 05/14/2009 passed with amendment 1. Other Status: Enacted as Public Chapter 0227 (effective 05/19/2009). FAMILY LAW SB 0314* HB 1225 Surrender of firearms under orders of protection. Creates a Class A misdemeanor for failure to surrender all firearms when subject to an order of protection. Requires the administrative office of the courts to revise the petition for such order form to specify the respondent's requirements to surrender. Stipulates that an order of protection must contain the following provisions: one part stating that it is a criminal offense and a violation to own, possess, transport, carry or receive a firearm during the time an order is in effect; and one part directing the respondent to surrender all firearms that the respondent owns, possesses or has control over and stating that it is a criminal offense to fail to surrender all firearms after being ordered to do so. Provides for the storage of weapons by law enforcement and authorizes them to charge a fee for such storage. Also dictates the procedure for return of the weapons. (S: Black; H: Harwell) House Co-Sponsors: Sontany; Pruitt; Gilmore; Jones S.; Maggart; Richardson; Camper Amendment: House amendment 1 makes the bill. Requires a person against whom an order of protection has been issued to dispose of any firearms within 48 hours through any lawful means. Revises the order of protection form to give notice of federal requirements and mandates an affidavit of firearm disposition be returned to the court upon completion of disposal. Clarifies that the person may resume possession of firearms once the order of protection is lifted. Senate amendment 1 makes the bill. Requires a person against whom an order of protection has been issued to dispose of any firearms within two days through any lawful means. Revises the order of protection form to give notice of federal requirements and mandates an affidavit of firearm disposition be returned to the court upon completion of disposal. Clarifies that the person may resume possession of firearms once the order of protection is lifted. Creates a Class A misdemeanor for a person to knowingly possess a firearm while an order of protection is in place. TN Judicial Council Comment: The Judicial Council noted that the use of the word "own" may cause some confusion, as a person under this law would not give up ownership of firearms, merely possession. Further, the Judicial Council recognized that it would be prudent to ascertain the thoughts of law enforcement with regard to the duties required of them. Finally, the Judicial Council observed that there may be procedural difficulties related to the process for petitioning for the return of firearms, as it would require law enforcement to send notices and without involvement of the district attorney or some special prosecutor, the court will become a prosecutor with regard to petitions for the return of seized weapons. Senate Status: Senate 06/02/2009 concurred in House amendment 1. House Status: House 05/21/2009 passed with amendment 1. Other Status: Sent to governor 06/12/2009. CRIMINAL LAW SB 0383 HB 0411* Selling of firearms to certain persons prohibited. Creates Class A misdemeanor offense of attempting to purchase a firearm when prohibited by law from possessing a firearm. Also creates Class A misdemeanor offense of selling a firearm to a person known to be prohibited by law from possessing a firearm. (S: Barnes; H: Pitts) Amendment: House amendment 1 renames the bill "Coach Willard Ross Act of 2009." Senate Status: Senate passed 04/30/2009. House Status: House 03/23/2009 passed with amendment 1. Other Status: Enacted as Public Chapter 0195 (effective 07/01/2009). CAMPAIGNS & LOBBYING SB 0440* HB 0969 Restoration of voting rights. Requires a person to have paid all restitution to the victims, paid all fines imposed by the court, and paid all court costs before the person can have a voter registration card restored. (S: Overbey; H: McCord) Amendment: House Judiciary committee amendment 1 and Senate amendment 1 requires a person convicted of a felony to pay all court costs imposed before such person's voting rights are restored, except where the court has made a finding at an evidentiary hearing that the applicant is indigent. Senate Status: Senate 04/16/2009 passed with amendment 1. House Status: Referred to House Finance Budget Subcommittee. CRIMINAL LAW SB 0468* HB 0844 Release of mental health records for background check. Requires mental health information of a recipient to be disclosed for the purpose of complying with any reporting requirements made by a federal or state agency for conducting criminal history record or background checks necessary to purchase or obtain a firearm or to be issued a handgun carry permit. (S: Crowe; H: Mumpower) Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009. House Status: Referred to House Judiciary Criminal Practice Subcommittee. CRIMINAL LAW SB 0474 HB 0070* Protection of property. Removes prohibition against using deadly force in protection of property. Specifies that there is an exemption from provisions allowing the use of deadly force against a person lawfully allowed to be in a business as there is for a dwelling, residence or occupied vehicle. (S: Berke; H: Fincher) Amendment: House amendment 1 deletes section one of the printed bill and authorizes a person to use deadly force unless the person is not justified in using deadly force to prevent or terminate another person's trespass on real estate or unlawful interference with personal property. Senate Status: Senate passed 04/30/2009. House Status: House 03/19/2009 passed with amendment 1. Other Status: Enacted as Public Chapter 0194 (effective 07/01/2009). CRIMINAL LAW SB 0539 HB 0351* Assault on law enforcement officer. Creates Class E and D felony offenses of assault on law enforcement officer. Also creates Class B felony offense of aggravated assault on law enforcement officer. (S: Ketron; H: Hackworth) Amendment: House amendment 1 rewrites the bill. Increases the maximum fine to $5,000 for assault and to $15,000 for aggravated assault if the victim is a law enforcement officer. Senate Status: Senate passed 06/02/2009. House Status: House 05/21/2009 passed with previously adopted amendment 1. Other Status: Enacted as Public Chapter 0412 (effective 07/01/2009). CRIMINAL LAW SB 0554 HB 0254* Purchasers of firearms not required to produce thumbprint. Removes requirement that a gun dealer must obtain a thumbprint from a purchaser and deletes provision whereby the TBI must provide firearms transaction thumbprint forms. (S: Norris; H: Casada) House Co-Sponsors: Fincher; Moore; Evans; Montgomery; Sargent; Todd; Bell; Hensley; Rich; Hill; Campfield; Williams K.; Watson E.; Dean; Faulkner; Swafford; McCormick; McDaniel; Harrison; Eldridge; Johnson C. Amendment: Senate amendment 1 revises the present law requirement that a gun dealer request that the TBI conduct a criminal history record check to clarify that the request would be made "by means designated by the TBI" instead of "by telephone". Senate Status: Senate 04/09/2009 passed with amendment 1. House Status: House 04/20/2009 concurred in Senate amendment. Other Status: Enacted as Public Chapter 0102 (effective 07/01/2009). CRIMINAL LAW SB 0555 HB 0238* Felons convicted of violent crimes cannot have vicious dogs. Prohibits a person who has been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon from knowingly possessing a vicious dog. (S: Norris; H: DeBerry J.) Amendment: House Judiciary committee amendment 1 adds a definition for vicious dog and also requires that the dog owner have the dog spayed or neutered within a specific time. Senate Status: Referred to Senate Judiciary. House Status: Held on House clerk's desk. CRIMINAL LAW SB 0560* HB 0666 Dangerous felony - use of a firearm. Adds criminal attempt at first degree murder, second degree murder, aggravated assault, aggravated robbery, aggravated arson, and burglary to the list of offenses that constitute a "dangerous felony" when the suspect involved possesses a firearm during the commission of the act. (S: Norris; H: DeBerry J.) Senate Status: Referred to Senate Judiciary. House Status: House Budget Subcommittee 06/15/2009 deferred to next calendar. CRIMINAL LAW SB 0565 HB 0414* Inmate relations coordinators to carry firearms. Authorizes vested inmate relations coordinators to carry firearms to same extent as correctional officers. (S: Yager; H: Windle) Oversight Corrections Committee comment: Oversight Corrections Committee 03/16/2009 adopted and released to full committee with additional remark that this bill is anticipated to have a minimal impact on corrections because there is no change in current law which grants the commissioner of correction the authority to restrict these individuals from carrying firearms on prison property in accordance with current department of correction policy. Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/25/2009. House Status: House passed 04/06/2009. Other Status: Oversight Corrections Committee 03/16/2009 reviewed, comment adopted and released to full committee. CRIMINAL LAW SB 0575 HB 0233* Carrying a handgun in certain locations. Authorizes anyone with a handgun carry permit, not consuming an alcoholic beverage, to carry a handgun in a public establishment that derives 60 percent or more of its revenue through the sale of food. Allows transient or guest to carry a handgun in a hotel except for where alcoholic beverages are being served. (S: Jackson; H: Todd) Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009. House Status: Taken off notice in House Criminal Practice Subcommittee 04/01/2009. CRIMINAL LAW SB 0576* HB 1807 Handgun permit holders to carry guns where alcohol served. Allows any individual who has a permit to carry a handgun to carry the gun into a location where alcohol is served for consumption on premises provided the individual is not consuming alcohol or is not otherwise prohibited by posting provisions. (S: Jackson; H: West) Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009. House Status: House Judiciary Criminal Practice Subcommittee deferred to first calendar 2010. CRIMINAL LAW SB 0578 HB 0390* Loaded guns in vehicles. Allows a person with a handgun carry permit to possess a loaded rifle or loaded shotgun in a motor vehicle. (S: Jackson; H: Fincher) Amendment: Senate amendment 3 specifies that the handgun permit holder could carry only in a privately owned vehicle. Provides that the weapon cannot have ammunition in the chamber except in the case that an individual permit holder feels physically threatened. Senate Status: Senate 05/18/2009 passed with amendment 3. House Status: House 05/26/2009 concurred in Senate amendment 3. Other Status: Enacted as Public Chapter 0431 (effective 06/12/2009). CRIMINAL LAW SB 0609 HB 0566* Disposition of confiscated weapons. Allows the director of a judicial district drug task force to petition the court for disposition of weapons confiscated by the task force. (S: Tracy; H: Cobb C.) Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Criminal Practice Subcommittee 04/15/2009. ENVIRONMENT & NATURE SB 0630* HB 1424 Restrictions on elk hunting. Clarifies that special elk-take permits are only valid in the eastern grand division of the state. (S: Southerland; H: Lollar) Amendment: Senate amendment 1 makes the bill. Prohibits any nonprofit wildlife conservation organization that sells or transfers an elk-take permit from using more than 20 percent of the proceeds to administer such sale or transfer. Currently the cap is set at ten percent. Authorizes the commission to promulgate rules and regulations to implement the special elk-take permit program. House amendment 1 makes the bill. Prohibits any nonprofit wildlife conservation organization that sells or transfers an elk-take permit from using more than 20 percent of the proceeds to administer such sale or transfer. Currently the cap is set at ten percent. Senate Status: Senate 04/13/2009 passed with amendment 1. House Status: House 04/23/2009 concurred in Senate amendment 1. Other Status: Enacted as Public Chapter 0182 (effective 05/07/2009). CAMPAIGNS & LOBBYING SB 0637 HB 0675* Child support obligations and voting privileges. Removes requirement that a person be current in all child support obligations to retain the right to vote. (S: Marrero; H: Turner L.) Senate Status: Referred to Senate State & Local Government. House Status: Taken off notice in House Civil Practice Subcommittee 04/22/2009. CRIMINAL LAW SB 0659* HB 0784 Handgun carry permit records are confidential. Requires that information contained in handgun carry permit applications and renewals, information provided to agencies to investigate applicant, and records maintained relative to the permit application remain confidential. Creates Class A misdemeanor punishable by fine only for publishing such information or records. (S: Stanley; H: Lollar) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Criminal Practice Subcommittee. CRIMINAL LAW SB 0672 HB 0606* Possession of a firearm during a dangerous felony. Defines attempt to commit first degree murder as a dangerous felony for the offense of possessing a firearm during commission of a dangerous felony. (S: Norris; H: DeBerry J.) Senate Status: Senate passed 06/18/2009. House Status: House passed 06/17/2009. Other Status: Sent to the speakers for signatures 06/18/2009. JUDICIARY SB 0673 HB 0607* Sentencing for aggravated robbery. Prohibits release eligibility for a person who has a prior conviction for a dangerous felony committing aggravated robbery with a firearm until the person has served 75 percent of the sentence imposed. This bill is sometimes referred to as the "crooks with guns" bill. (S: Norris; H: DeBerry J.) Amendment: House amendment 1 rewrites the bill. Requires an offender convicted of the Class B felony offense of aggravated robbery committed with a firearm on or after July 1, 2009, if the person has a prior conviction for a dangerous felony to serve a mandatory minimum of 75 percent of the sentence imposed undiminished by sentence reduction credits earned or retained. If the offender has a prior conviction for any felony, the offender would be required to serve a mandatory minimum of 65 percent of the sentence imposed undiminished by sentence reduction credits earned or retained. Requires all aggravated burglaries, committed on or after July 1, 2009, a defendant commits within a 24-hour period to be counted as separate prior convictions for purposes of determining whether the defendant is a multiple, persistent, or career offender under the Criminal Sentencing Reform Act. Effective July 1, 2009, prohibits a judge from imposing sentencing alternatives of continuous confinement in a local jail or the Department of Correction (DOC) when sentencing a defendant convicted of forgery where the amount of the forgery is less than $1,000, or criminal simulation. Authorizes a judge to sentence the defendant to community corrections, probation, pre-trial diversion, or judicial diversion. If the sentencing court determines the defendant has multiple convictions and is not a suitable candidate for community corrections, probation, pre-trial diversion, or judicial diversion, the defendant may be sentenced to a period of continuous confinement. If the offender is also convicted of another felony offense, the defendant may be sentenced to a period of continuous confinement. Senate Status: Taken off notice in Senate Finance, Ways & Means 06/18/2009. House Status: House 06/17/2009 passed with amendment 1. CRIMINAL LAW SB 0678 HB 0665* Offense of spotlighting deer. Requires docket number for prior convictions to be included along with time and place of prior convictions in the indictment or presentment when prosecuting a person for second or subsequent offense of spotlighting deer. Broadly captioned. (S: Woodson; H: Sargent) Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: Caption bill held on House clerk's desk. ENVIRONMENT & NATURE SB 0686* HB 0963 Effective date of regulations for cooperative agreements. Requires executive director of agency to submit report to the governor and each member of the wildlife resources commission by September 30 of each year. Extends effective date of regulations for cooperative agreements with federal agencies from 30 to 45 days after publication. (S: Woodson; H: McCord) Amendment: House amendment 2 makes the bill. Extends, from June 13, 2009, to March 31, 2010, the expiration date of the special joint legislative committee formed to study improvements to the Tennessee Wildlife Resources Agency. House amendment 3 authorizes any restaurant located in Tennessee to advertise, possess, sell, offer for sale or give away fully cooked crappie or walleye for consumption on the premises of such restaurant; provided that no such crappie or walleye is harvested from the waters of state of Tennessee and that appropriate documentation is maintained on the premises of the restaurant exhibiting the location of origin of any such crappie and walleye. Senate Status: Senate passed 06/18/2009. House Status: House 06/16/2009 passed with amendments 2 and 3. Other Status: Sent to the speakers for signatures 06/18/2009. CRIMINAL LAW SB 0724 HB 0517* Requires expunction of certain criminal records. Requires expunction of criminal records when 15 years has elapsed and the individual has not committed any major crime since and when the original crime was not a Class A or Class B felony or certain Class C felonies such as sexual offenses. (S: Tate; H: Shaw) Judicial Council comment: Judicial Council adopted and released to full committee with additional remark that ban offender's history of criminal convictions is a crucial part of Tennessee's sentencing structure, and allowing offenders to expunge those records will deprive the courts of the opportunity to fulfill their statutorily-mandated obligation to consider those convictions when sentencing an offender who commits a subsequent offense. The Council also stated that data regarding criminal convictions is often purchased by third parties who may then transfer the data to other persons/entities, and it will be impossible for state agencies to retrieve this data for removal/destruction. Finally, the Council observed that the sponsor may wish to consider amending the existing statutory language which requires the removal and destruction of "all public records of a person." This language should be narrowed to include only the records of the offense at issue. As written, the language could be interpreted as requiring the destruction of records for other criminal offenses, as well as "public records" such as birth certificates and driver licenses. Senate Status: Referred to Senate Judiciary. House Status: House Judiciary Criminal Practice subcommittee deferred to next year. Other Status: Tennessee Judicial Council reviewed 03/26/2009 with comment. CRIMINAL LAW SB 0761 HB 0045* Handgun carrying permit. Clarifies that no applicant for a handgun carry permit that is participating in a handgun safety course is required to furnish any information concerning the handgun the applicant owns, possesses, or uses during the safety course. (S: Crowe; H: Hill) Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009. House Status: Referred to House Judiciary. Referred to House Judiciary Criminal Practice Subcommittee. ENVIRONMENT & NATURE SB 0840* HB 1370 TWRA - recovery of lead deposited after firearm discharge. Makes TWRA the exclusive agency to participate in the mining or recovery of any lead deposited as the result of the discharge of a firearm on state property which has been leased to a private entity for the operation of a gun club. Specifies that the state's share of any profits from such reclamation are to be earmarked to construct a building or pavilion at the Montgomery County shooting complex to serve and benefit the state championship for scholastic clay target programs. (S: Jackson; H: Lollar) Amendment: Senate amendment 1 specifies that the agency is not required to recover lead from such sites but can if it chooses to do so. Senate Status: Senate passed with amendment 1 03/05/2009. House Status: House passed 05/11/2009. Other Status: Enacted as Public Chapter 0244 (effective 05/20/2009). CRIMINAL LAW SB 0842 HB 0770* Handgun permit holder allowed to carry gun while bowhunting. Allows a person with a handgun carry permit to carry a handgun while hunting big game with a bow and arrow during the archery-only deer season. (S: Jackson; H: Turner M.) Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009. House Status: House Judiciary Committee deferred to the last calendar. HEALTH CARE SB 0850* HB 1552 Universal mental health testing of juveniles. Places restrictions on universal mental health testing, or psychiatric or socioemotional screening of juveniles. Requires certain consent by a juvenile's parent, guardian, legal custodian, or caregiver before such testing can occur. (S: Black; H: Harwell) Senate Co-Sponsors: Burks; Gresham; Beavers; Ketron; Crowe; McNally; Burchett; Tracy; Ramsey R.; Yager Senate Status: Senate passed 03/23/2009. House Status: House passed 04/20/2009. Other Status: Enacted as Public Chapter 0127 (effective 07/01/2009). CRIMINAL LAW SB 0925 HB 0612* Aggravated robbery with firearm or explosive device. Increases penalty for aggravated robbery from Class B felony to Class A felony when accomplished by use of a firearm or explosive device. (S: Stanley; H: DeBerry J.) Senate Status: Senate Judiciary deferred to 05/19/2009. House Status: House Budget Subcommittee 06/15/2009 deferred to next calendar. CRIMINAL LAW SB 0928* HB 1195 Possession of firearm during commission of felony. Adds offenses of attempting to commit first degree murder, second degree murder, aggravated assault, aggravated robbery, aggravated arson and burglary to list of criminal offenses that constitute a dangerous felony for purposes of statute regarding possession of firearm during commission of felony. (S: Stanley; H: Rich) House Co-Sponsor: Dennis Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Criminal Practice Subcommittee 04/15/2009. CRIMINAL LAW SB 0948 HB 0617* Firearms carried by reserve law enforcement officers. Allows commissioned reserve deputy sheriffs authorized in writing by sheriff or reserve police officers authorized in writing by chief of police to carry firearms on and off duty to same extent as full-time law enforcement officers. (S: Tracy; H: Todd) Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009. House Status: Referred to House Judiciary Criminal Practice Subcommittee. CRIMINAL LAW SB 0976 HB 0716* Handgun carry permit holders can carry guns in state parks. Permits a resident who has a valid handgun carry permit to possess a handgun while within the boundaries of any state park. (S: Beavers; H: Niceley) Amendment: House amendment 1 directs department not to change signage unless as part of normal repairs due to damage or as part of a scheduled sign replacement. Senate amendment 2 makes the bill. Allows handgun carry permit holders to possess handguns in parks and other similar public places owned and operated by the state, county, or city. Allows local governments to elect to prohibit gun carry permit holders from possessing handguns in local parks. Requires approval by a majority vote of the local legislative body. Requires the prohibition to apply to entire parks. States that the department does not have to replace or change any existing signs that prohibit firearms or erect any new signs. Allows the department to replace or repair signs that have been damaged or are scheduled for replacement in accordance with the park's regular replacement schedule. Changes the effective date of the bill to September 1, 2009 for the purposes of cities and counties prohibiting possession in parks. Changes the majority vote provision to a majority resolution of the governing body. Senate amendment 3 removes wildlife management areas from the provisions of the bill. Senate Status: Senate 05/18/2009 passed with amendments 2 and 3. House Status: House 06/11/2009 made contingency request to recall from the governor's desk. Other Status: Enacted as Public Chapter 0428 (effective 09/01/2009). CRIMINAL LAW SB 1062 HB 1271* Simple possession of marijuana and expunged records. Allows a person convicted of simple possession of marijuana after July 1, 2009, who has no prior convictions for a drug-related offense, to have records expunged after completing entire. Also allows a person convicted before July 1, 2009 to have records expunged one year after completing sentence. (S: Marrero; H: Favors) House Co-Sponsor: Jones U. Senate Status: Referred to Senate Judiciary. House Status: Failed in House Criminal Practice Subcommittee 04/08/2009 for lack of a second. CRIMINAL LAW SB 1113* HB 1277 Expungement of records - persons found not guilty. Requires judge to order, in cases of a verdict of not guilty being returned, that all public records of the person charged are automatically removed and destroyed. (S: Harper; H: Gilmore) Senate Co-Sponsor: Marrero Amendment: House amendment 1 directs the judge to ask the person charged upon a verdict of not guilty if they want their records to be removed and destroyed. If the person wants the records destroyed the judge will direct that they be destroyed. Judicial Council comment: Judicial Council adopted and released to full committee with additional remark that expunging the records at issue will involve considerable expense, particularly if the acquittal results from an appeal as opposed to an initial verdict, and that the legislation arguably is unnecessary since the statute currently provides a method for seeking expungement of these records. With regard to acquittals which result from appeals, the Council also noted that data regarding criminal convictions is often purchased by third parties who may then transfer the data to other persons/entities, and it will be impossible for state agencies to retrieve this data for removal/destruction. The Council also stated that the sponsor may wish to consider adding a provision which gives the person an opportunity to object to the destruction of his or her records. The Council next suggested that the sponsor may wish to clarify which records must be destroyed. The Council observed that the sponsor may wish to consider amending the language (in the existing statute as well as in the legislation) which requires the removal and destruction of "all public records" and this legislation has the effect of eliminating a cause of action for malicious prosecution since the relevant records would have been destroyed. Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: House 05/14/2009 passed with amendment 1. Other Status: Tennessee Judicial Council reviewed 03/26/2009 with comment. CRIMINAL LAW SB 1126 HB 0959* Handgun carry permit application info confidential. Makes information contained in handgun carry permit applications and renewals, information provided to any state or federal agency to investigate applicant, and records maintained relative to the permit application or revocation of permit confidential. Creates Class A misdemeanor offense of unauthorized publication of permit information or records. (S: Norris; H: Bass) Amendment: House amendment 1 removes language from the bill that would create a class A misdemeanor offense of unauthorized publication of permit information. Senate amendment 2 makes the bill. Requires specified information contained in or associated with handgun carry permits or handgun carry permit renewals to be confidential and not open for public inspection, with exceptions for law enforcement agencies and child support enforcement agencies under certain circumstances. Senate Status: Failed 06/17/2009 in Senate after adopting amendment 2. House Status: House 05/04/2009 passed with amendment 1. CRIMINAL LAW SB 1127 HB 0962* Carrying guns in restaurants. Authorizes any individual with a handgun carry permit to carry a firearm into a restaurant that serves alcoholic beverages as long as such individual is not consuming alcoholic beverages and such restaurant is not an age-restricted venue, defined in current code as an establishment that restricts admission to persons who are age 21 years or older by checking patrons' identifications. (S: Jackson; H: Todd) Senate Co-Sponsor: Norris Amendment: House amendment 1 rewrites the bill. Authorizes any individual with a handgun carry permit to carry a firearm into a restaurant that serves alcoholic beverages as long as such individual is not consuming alcoholic beverages. Prohibits such carrying between the hours of 11:00 p.m. and 5:00 a.m. and at such times that the restaurant is age-restricted. Defines age-restricted for purposes of this amendment as a restaurant that affirmatively restricts access to persons 18 or older by checking patrons' identifications. Removes reference in original bill referring to the bill being subject to provisions of TCA 9-17-1359, permitting a property owner to post notices on such property prohibiting firearms. Senate amendment 1 removes the provisions of House amendment and thus reinstates the provisions of the original bill. This amendment also revises the original bill to remove the requirement that the restaurant not be an age-restricted venue in order for a person who has a handgun carry permit and otherwise complies with the bill to carry a handgun into the restaurant. Changes the effective date from "upon becoming law" to June 1, 2009. Conference Committee: Conference Committee report on HB 962/SB 1127 removes the provisions of House amendment 1 and thus reinstates the provisions of the original bill. Revises the original bill to remove the requirement that the restaurant not be an age-restricted venue in order for a person who has a handgun carry permit and otherwise complies with the bill to carry a handgun into the restaurant. Changes the effective date from "upon becoming law" to June 1, 2009. Senate Status: Senate 06/04/2009 passed motion to override governor's veto. House Status: House 06/03/2009 passed motion to override governor's veto. Other Status: Enacted as Public Chapter 0339 (effective 07/14/2009). ENVIRONMENT & NATURE SB 1128 HB 0966* (Full Text) Signage restricting hunting game on certain property. Requires signage to effectively restrict persons from hunting wildlife or big game on landowner property be placed at all major points of ingress of the lands being posted. (S: Norris; H: McCord) Amendment: House Conservation & Environment amendment 1 specifies signs must be at all points of ingress in places where intruders will likely see them. Senate Status: Taken off notice in Senate Environment, Conservation & Tourism 05/27/2009. House Status: Held on House clerk's desk. CRIMINAL LAW SB 1129 HB 0724* Handgun permit carry holders to carry guns in parks. Allows persons with handgun carry permit to carry in public parks, public postsecondary institutions, and places where alcoholic beverages are being served so long as that individual is not consuming alcohol. Allows judges to carry firearms where law enforcement can carry if they have permit or appropriate training. (S: Norris; H: Kelsey) Senate Status: Referred to Senate Judiciary. House Status: Failed in House Judiciary 05/13/2009. ENVIRONMENT & NATURE SB 1170 HB 0882* Reduced hunting license fee for disabled individuals. Permits Tennessee residents who are 50 percent or more disabled as a result of rheumatoid arthritis to obtain a permanent hunting and fishing combination license at a reduced one-time fee of $10.00. (S: Finney L.; H: Maddox) Senate Status: Referred to Senate Environment, Conservation & Tourism. House Status: House Budget Subcommittee 06/15/2009 deferred to next calendar. CRIMINAL LAW SB 1248 HB 0823* Law enforcement and military to carry weapons on campuses. Authorizes law enforcement officers, retired law enforcement officers, active or honorably discharged or retired military personnel, as well as any reserve officer training cadet 18 or older, to carry weapons on public colleges and universities. (S: Bunch; H: Campfield) Senate Status: Referred to Senate Judiciary. House Status: Failed in House Criminal Practice Subcommittee 04/01/2009 for lack of second. CRIMINAL LAW SB 1261 HB 0798* Faculty allowed to carry firearms. Authorizes all full-time faculty and staff at any public postsecondary institution in this state who have a valid handgun carry permit to carry handguns at all times upon the premises of the public postsecondary institution in which they are employed. (S: Bunch; H: Campfield) Senate Status: Referred to Senate Judiciary. House Status: Failed in House Criminal Practice Subcommittee 04/01/2009 f. or lack of second. CRIMINAL LAW SB 1273 HB 0898* Handgun carry permit holders allowed to carry in parks. Allows person with a valid handgun carry permit to carry handgun in a public park, public postsecondary institution, or an establishment where alcoholic beverages are being served. Permits a judge, on-duty or off-duty, to carry a firearm. Specifies restrictions for judge with carrying of firearm. (S: Bunch; H: Watson E.) Amendment: Senate amendment 2 prohibits local governments from barring firearms in restaurants that serve alcohol by denying beer permits. House amendment 1 makes the bill. Removes the prohibition that an off-duty law enforcement officer cannot carry a firearm within the confines of an establishment where beer or alcoholic beverages are sold for consumption on the premises. Conference Committee: Conference Committee Report on SB 1273/HB 898 recommends that the following amendments be adopted: House Amendment # 1, and Senate Amendment # 2. Senate Status: Senate 06/18/2009 adopted the Conference Committee Report. House Status: House 06/18/2009 adopted conference committee report. Other Status: Sent to the speakers for signatures 06/18/2009. CRIMINAL LAW SB 1274 HB 0856* Judge or probation officer to carry handgun. Allows judge or probation officer with a handgun carry permit to carry a handgun at all times and in all places in the same manner as a law enforcement officer. Requires that judge or probation officer, in addition to the submission of a handgun carry permit application, submit documentation that is sufficient to satisfy the department of safety that the applicant is a judge or probation officer. (S: Bunch; H: Mumpower) Oversight Corrections Committee comment: Oversight Corrections Committee 03/16/2009 adopted and released to full committee with additional remark that the bill allows a law enforcement officer to carry a gun at all times and at all places within Tennessee and it also allows a judge or probation officer who has a valid hand gun carry permit to carry a gun at all times and at all places, with certain restrictions. Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/25/2009. House Status: Taken off notice in House Criminal Practice Subcommittee 04/15/2009. Other Status: Oversight Corrections Committee 03/16/2009 reviewed, comment adopted and released to full committee. CRIMINAL LAW SB 1275 HB 0855* Permits judge or probation officer to carry handgun. Allows a judge or probation officer who holds a valid handgun carry permit to carry a handgun at any time and in any place in this state, including during working hours, notwithstanding restrictions of federal law or lawful order of the court. (S: Bunch; H: Mumpower) Oversight Corrections Committee comment: Oversight Corrections Committee 03/16/2009 adopted and released to full committee with additional remark that the bill takes away the authority of a commissioner or supervisor to set limitations and does not require a bond or extra training of these employees. Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/25/2009. House Status: Taken off notice in House Criminal Practice Subcommittee 04/15/2009. Other Status: Oversight Corrections Committee 03/16/2009 reviewed, comment adopted and released to full committee. ENVIRONMENT & NATURE SB 1305 HB 1189* Free sport fishing days. Increases the number of free sport fishing days from one to two. (S: Crowe; H: Mumpower) Senate Status: Taken off notice in Senate Environment, Conservation & Tourism 03/03/2009. House Status: Referred to House Wildlife Subcommittee. TRANSPORTATION VEHICLES SB 1350 HB 0036* Child safety in operation of off-highway motor vehicles. Establishes an offense for any parent or legal guardian of a person under 18 years of age to permit that person to operate or be a passenger on an off-highway motor vehicle without an appropriate helmet. (S: Tate; H: Hardaway) Senate Status: Referred to Senate Transportation. House Status: House Transportation Public Safety Subcommittee deferred to last calendar. CRIMINAL LAW SB 1394 HB 1118* Restrictions lifted for officers carrying firearms. Removes certain restrictions on carrying firearms for law enforcement officers in regards to the carrying of firearms on school grounds and in establishments that serve alcoholic beverages. (S: Burchett; H: Casada) Senate Status: Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009 recommended. Sent to Senate Judiciary. House Status: Taken off notice in House Criminal Practice Subcommittee 04/01/2009. CRIMINAL LAW SB 1399* HB 1625 Non-violent felons and handgun permits. Allows non-violent felons who have had rights restored to apply for a handgun permit if they were not convicted of a violent or drug-related felony. (S: Jackson; H: McCord) Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: House Judiciary Criminal Practice Subcommittee deferred to summer study 04/08/2009. CRIMINAL LAW SB 1403* HB 1748 Former mental institution patients and firearm permits. Permits person who was voluntarily committed or hospitalized in a mental institution to apply for and obtain handgun carry permit if hospitalization was at least five years prior to application and applicant attaches statement from doctor that applicant does not pose immediate risk of serious harm due to mental illness. (S: Jackson; H: Bass) Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: Taken off notice in House Criminal Practice Subcommittee 04/29/2009. CRIMINAL LAW SB 1435* Prohibiting lawful possession of firearms on property. Provides that an owner of public or private property cannot prohibit the lawful possession of firearms within a vehicle on that property unless specific statutory prohibition. Specifies that any employer who fires an employee for legally possessing a firearm in their vehicle on the employer's property can be civilly liable for denying the employee their lawful rights. (S: Stanley) Senate Status: Referred to Senate Judiciary. CRIMINAL LAW SB 1518 HB 0960* Handgun carry permit holders to carry in parks. Authorizes people with handgun carry permits to possess firearms in parks owned by state, local, or federal governments. (S: Beavers; H: Tindell) Amendment: House amendment 1, as amended, deletes state parks from the bill's provisions. Makes it permissive for a local government to allow firearms to be possessed in local parks. A majority vote of the local governing body would be required. Local governments would be able to decide in which local parks or specific areas of local parks, firearm possession would be allowed. Allows the possession of firearms in state parks even if the park is operated by a local government pursuant to a state/local agreement. Senate Status: Senate Judiciary deferred to 05/06/2009. House Status: House 04/20/2009 passed with amendment 1. CRIMINAL LAW SB 1519 HB 0961* Handgun carry permit holders to carry in wildlife areas. Allows a person with a valid handgun carry permit to possess firearm in a refuge, public hunting area, wildlife management area, or on national forest land. (S: Burchett; H: Bell) Amendment: House amendment 1 exempts state parks from the provisions of the bill and excludes those wildlife refuges where access is denied. Senate Status: Senate passed 06/18/2009. House Status: House 06/17/2009 passed with amendment 1. Other Status: Sent to the speakers for signatures 06/18/2009. CRIMINAL LAW SB 1557 HB 1117* Carrying of firearms by retired law enforcement officers. Requires POST commission to establish by rule how this state will implement the federal "Law Enforcement Officers Safety Act of 2004," relative to the carrying of firearms by qualified and retired law enforcement officers. (S: Burchett; H: Casada) Senate Status: Taken off notice in Senate Finance, Ways & Means 06/18/2009. House Status: Taken off notice in House State & Local Government 05/20/2009. CRIMINAL LAW SB 1568* HB 1514 Felony for unauthorized publication of permit information. Makes confidential all information contained in handgun carry permit applications and renewals, information provided to agencies to investigate applicants, and records maintained relative to such applications. Creates a Class E felony punishable by mandatory fine only of $2,500 for any person to knowingly publish any such information, specifying that the court shall also order restitution to the victim in an amount equal or lesser of any damage resulting or $1,000. (S: Bunch; H: Bell) Senate Status: Referred to Senate Judiciary. House Status: Referred to House Judiciary Criminal Practice Subcommittee. MEDIA & PUBLISHING SB 1597* HB 1784 Confidentiality of handgun carry permit records. Makes confidential handgun carry permit records confidential, unless the holder of a permit waives such confidentiality. (S: Beavers; H: West) Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009. House Status: Referred to House Judiciary Criminal Practice Subcommittee. CRIMINAL LAW SB 1601* HB 1787 Auction deadline for confiscated weapons. Changes auction deadline for confiscated weapons by a county or municipality from six to nine months and requires a notice of the sale of confiscated weapons to be posted no less than 30 days prior to the sale on an official web site of the county or municipality, if such exists. (S: Beavers; H: West) Senate Status: Referred to Senate State & Local Government. House Status:< ––––––––––––––––––––––––––- Copyright TFA 2009 Used by Permission David |