On July 1st, a number of new laws took effect in both Tennessee and Georgia. Let’s look at the bills that will impact the way we practice criminal defense.
TENNESSEE
Rules of the Road
HB 302 – Makes parking, stopping, or leaving a vehicle in a way that impedes traffic a Class C Misdemeanor, or a Class B Misdemeanor if the action contributes to a traffic accident.
HB 1025 – Suspends a juvenile’s driver privileges for a period of one year if they are adjudicated delinquent for harassment, bullying, or cyberbullying. First-offenders may be able to receive a restricted license that allows them to drive to school, work, and church under this new law.
Alcohol and Controlled Substances
HB 995 – Extends the immunity provisions for persons seeking medical care for themselves or others in the event of a suspected alcohol overdose, so that those in need can seek help without fearing criminal charges.
HB 72 – Establishes a minimum sentence of 48 consecutive hours and a fine of at least $500 for selling or distributing THC products to people under the age of 21.
HB 751 – Enhances already established penalties for exposing a child to fentanyl to a Class E Felony, or a Class B Felony if the child is under the age of 8.
Combatting Sexual Harassment
HB 1299 – Aimed at fighting AI-generated deepfakes, this new law creates a Class E Felony offenses for “disclos[ing] or threaten[ing] to disclose intimate digital depictions with the intent to harass, annoy, alarm, or cause substantial harm to the finances or reputation of the depicted individual.”
HB 602 – This “Voyeurism Victims Act” expands the offense of unlawful photography to include any unauthorized photograph that a defendant knows includes the unclothed intimate area of a victim or depicts the victim engaged in sexual activity.
- Jeremy Forgey
- Chris Griffin
Preventing and Punishing Violent Crimes
HB 1050 – Holds business liable if they enable or ignore criminal activity such as “ongoing violence, drug sales, or other public safety hazards” on their premises.
SB 50 – The ‘Protecting Everyone Against Crime and Extremism’ Act criminalizes a broad range of behaviors, some of which are associated with hate crimes or officer safety. This includes making it illegal to leave a hate-filled flyer in neighborhoods, refuse to give one’s name or give the wrong name to police, or get within 25 feet of an officer after being ordered to stop.
HB 0045 – Increases the penalty for child abuse involving injury to children between the ages of 9 to 17 to a Class E Felony.
HB 1314 – Increases the penalty for making threats of mass violence to school, place of worship, government property or a live performance or event to a Class D Felony. Also makes it a Class B Misdemeanor to post an individual’s phone number or address online with the intent to cause harm, or a Class A Misdemeanor if said action directly results in harm.
Miscellaneous
HB 24 – Increases penalty for removing a wild animal, wild fowl, or fish while trespassing to a Class B Misdemeanor
SB 392 – Makes it a Class E felony to transport, conceal, harbor, or shield an individual while knowing that individual has entered or remained in the U.S. illegally. This becomes a Class A Felony if the individual is less than 13 years of age.
GEORGIA
Court Procedure
HB 582 – Allows evidence of abuse or human trafficking to be considered in the sentencing of domestic violence and human trafficking survivors who committed crimes while under the coercion of their abusers.
SB 244: Provides a system for certain individuals who were wrongfully convicted and incarcerated in the state to seek compensation. For example, defendants may be able to recover attorney’s fees and costs if they successfully disqualify a prosecutor for misconduct.
HB 161 – Expands the Georgia Bureau of Investigation’s subpoena power in cybercrime cases and establishes a legal definition for domestic terrorism.
HB 176 – Allows a person to ask the court to give them more time to file for a new trial or appeal in certain circumstances when a charge has been dead docketed by the court. Also creates a procedure for defendants to withdraw a guilty plea resulting in a criminal conviction within 30 days of the conviction or within the term of court when the plea was taken.
SB 132 – Attempts to address long wait times for pretrial mental health evaluations by providing for the release of reports of mental competency evaluations and creating a shorter timeframe during which said evaluations must happen when the accused is charged only with nonviolent misdemeanor offenses.
Controlled Substances
SB 79 – Adjusts the amounts of fentanyl necessary to be considered illegal trafficking, and adjusts the mandatory minimum sentencing for trafficking of controlled substances to at least 5
years
SB 6 – Legalizes fentanyl testing strips in an attempt to prevent overdoses
Newly Illegal
HB 331 – Makes it a fineable offense to transfer a dog, cat, or domestic rabbit at any roadside, public right of way, parkway, median, public or commercial parking lot or sidewalk, park, recreation area, fair, flea market or similar outdoor location
HB 491 – Bans airguns for hunting and updates the rules for catfish bowfishing If you or a loved one have been affected by these new laws, reach out to Best & Brock to schedule a free consultation with one of our criminal defense attorneys.
