Violent Juvenile Sex Offenders on Registry to protect the Public Bill Discussed

Dear Friends:

The legislature is in full swing and bills are really starting to move.

This week I presented a major piece of legislation that brings Tennessee into compliance with the Adam Walsh Act of 2006 regarding sex offenders. You can read about it on the front pages of the Hendersonville Standard and the Gallatin Newspaper Thursday editions. The bill was heard for about four hours in full Judiciary committee and I will continue to work for its passage there this Tuesday.

My bill places Violent Juvenile Sex Offenders who have been adjundcated in Juvenile court and assessed by mental health professionals as violent sex offenders. These teenage sex offenders, age 14 years old and up, have committed the heinous crimes of Rape of a Child, Aggravated Rape of a Child, Rape, or Aggravated Sexual battery using force or a weapon.

Just this week there was an article in the Knoxville News Sentinel reporting the Putnam County Juvenile Judge stating that "children raping children" was rampant in Putnam County. He described the numbers of teenagers raping children.

My wrap below has more details about my legislation as well as other legislation and actions of the General Assembly.




House of Representatives
CAPITOL HILL REVIEW
A weekly wrap-up of legislative news
March 8th – March 11th, 2010


Juvenile sexual offender registry
measure discussed
Lengthy debate in House Judiciary Committee

A bill that would strengthen the state’s sexual offender laws and ensure Tennessee is completely in compliance with the federal government’s Adam Walsh Act was discussed at length Tuesday evening in the House Judiciary Committee. House Bill 2789 by Rep. Maggart would require violent juvenile sexual offenders age 14 years or older to register on a sexual offender registry.

Due to some concerns regarding juveniles who may not reoffend, an amendment was added to the bill by Rep. Maggart. Currently, juveniles are assessed by mental health professionals after being adjudicated for a violent sexual crime. The Tennessee Association of Mental Health Organizations agreed to assess the juveniles as “high-risk” and “low-risk,” with only those assessed as “high-risk” being required to register.

In addition, the bill states that a person must stay on the registry for 25 years and then may apply for removal. However, if the person is convicted of an additional offense, they must stay on the registry for life. These are the minimum requirements that keep the legislation in compliance with the Adam Walsh Act.

The federal government signed the Adam Walsh Child Protection and Safety Act into law in 2006, and state compliance is tied to grant money. The state’s fiscal analysts say that Tennessee is eligible to receive over $50 million in grant funding, but that 10 percent of that is in jeopardy unless House Bill 2789 passes.

Thirty-two states have some form of a violent juvenile sexual offender registry. The offenses that would qualify a violent juvenile sexual offender for the registry are aggravated rape, rape, aggravated sexual battery when coercion is involved, rape of a child with a victim at least four years younger, and aggravated rape of a child or the attempt of any of these.

After four and a half hours of discussion, the bill was deferred for one week. The legislation will be heard again in the Judiciary Committee next week and is expected to be voted on at that time.

‘English Only’ legislation passes out of House subcommittee

A bill that will require the written portion of the driver’s license exam to be administered in English only passed out the House Public Safety Subcommittee this week. Republicans last ran the legislation in 2007, and Senate Republicans were successful in passing it with an overwhelming 22-5 vote. However, House Democrats blocked the measure in a House subcommittee, and the bill died on a tie vote.

In 1984, Tennessee adopted a law making English the official language of the state. The law reads in part, “All communications and publications…produced by governmental entities in Tennessee shall be in English.” The Tennessee Department of Safety (TDOS) does not apply the phrase to driver’s license examinations or driver’s license study guides, however. Currently, TDOS administers the test in English, Spanish, Korean, and Japanese.

Republicans argue the law is needed for safety, saying that drivers who cannot read highway warning signs, traffic signs, hazard signs on other vehicles, or who cannot communicate with police or public safety personnel in the event of a serious accident or emergency are a danger to themselves and others.

While safety is the overriding reason for the bill, Republicans argue there are sound fiscal reasons as well. Last year the General Assembly’s fiscal review committee found that the Department of Safety spent $64,500 just to print driver’s license study guides in Spanish. In 2008, the General Sessions Court’s language interpreter coordinator scheduled 6,838 court interpretations in the State of Tennessee costing taxpayers $1,058,673.96 statewide for court interpreters.

Having passed out of the House Public Safety Subcommittee for the first time, House Bill 262 will next be heard in the full House Transportation Committee.






Bill seeks to curb illegal drug activity from
out-of-state “pill mills”

The Senate and House Judiciary Committees approved legislation this week to attack a major source of illegal drug activity in Tennessee. House Bill 3221 would stiffen penalties against those who get prescriptions in another state and return to illegally distribute drugs in Tennessee.

Action on the bill follows a 96.6 percent increase in drug-related deaths, according to a study conducted by the Centers for Disease Control (CDC). Some Tennessee law enforcement officers attribute that increase to the misuse of prescription drugs by those who obtain them legally from out-of-state “pill mills.”

The most common drugs found are OxyContin, Darvon, and Vicodin, but drug busts in Tennessee also have included Xanax and Roxicodones. The legislation would increase the penalties for the illegal trafficking of out-of-state drugs from a Class C misdemeanor, which carries a 30-day jail term and up to $50 in fines, to a Class D felony, with a 2 to 12 years in prison sentence and up to $5,000 in fines.

Republican lawmakers filed the bill after law enforcement officials in East Tennessee counties brought the matter to their attention. Tennessee law requires all entities that dispense medications to file information regarding controlled substances on a state database to monitor abuse. That law has helped curb prescription drug abuse by providing information to those prescribing and dispensing the drugs to alert them of potential abusers.

Although 40 states have laws establishing drug monitoring programs, Florida is among those who do not have a program. That state now has one of the highest concentrations of pain clinics in the U.S., including those housed in shopping centers. This has caused other states to pass laws cracking down on offenders who traffic these drugs within their boundaries.

2010 Census forms to be mailed mid-March

Every ten years the federal government counts every resident in the United States as required by the United States Constitution. The census data is used for many different purposes, including identifying certain communities for funding and the redistricting of legislative and congressional seats. Every household in the United States and Puerto Rico will receive a census form that residents are asked to fill out and return. If a household does not return the form, a census worker is then dispatched to the household to gather the needed information.

The Census Bureau has sent out information recently regarding the types of questions that will be asked, and warning citizens to be on alert for people posing as census workers. When a census worker visits a home, they will have a badge, a handheld device, a Census Bureau canvas bag, and a confidentiality notice. Citizens can refuse to take part, but the most important question is simply regarding the number of people who live at the address. Citizens should know that a census worker will never ask for any information such as a social security number, bank account number, or credit card numbers and will never solicit a donation. The Census Bureau will also never send out an E-mail to communicate with citizens.

The federal government has advised the census forms will be mailed mid-March, and ask that the forms be returned by April 1, 2010. For more information on the 2010 Census, please visit 2010.census.gov.

In Brief

House Bill 3105 passed out of the House Education Committee this week and would require local boards of education to give preference to a parent’s request in classroom placement of multiple birth siblings.

A bill that would prohibit physicians who are on the sexual offender registry from treating children under the age of 18 years old passed out of the House Judiciary Committee this week. House Bill 3063 will now be heard in the House Finance, Ways and Means Committee.

The House was treated to a presentation on Monday evening from Little Jimmy Dickens as they honored him for his extensive career in country music. House Joint Resolution 244 lauded his country music career of more than 60 years, and paid homage to his induction into the Country Music Hall of Fame in 1983.

House Bill 2768 moved out of the House Judiciary Committee and will next be heard in the House Budget Subcommittee. The bill would require certain DUI offenders to have an ignition interlock device placed on their vehicle.



The Week Ahead…

HOUSE SESSION: 5:00 p.m. Monday, March 15, 2010 in the House Chambers
HOUSE SESSION: 9:00 a.m. Thursday, March 18, 2010 in the House Chambers

Tuesday, March 16

CommitteeRoomTime
Calendar and Rules (TBA)Legislative Plaza 168:00 A.M.
Consumer SubcommitteeLegislative Plaza 308:30 A.M.
Professional OccupationsLegislative Plaza 318:30 A.M.
CommerceLegislative Plaza 169:15 A.M.
AgricultureLegislative Plaza 299:15 A.M.
Health and Human ResourcesLegislative Plaza 1610:30 A.M.
Environment SubcommitteeLegislative Plaza 2910:30 A.M.
Utilities and BankingLegislative Plaza 3010:30 A.M
Children and Family AffairsLegislative Plaza 3112:00 P.M.
State and Local GovernmentLegislative Plaza 1612:00 P.M.
WildlifeLegislative Plaza 2912:00 P.M.
ElectionsLegislative Plaza 161:00 P.M.
Family JusticeLegislative Plaza 311:30 P.M.
Finance, Ways, and MeansLegislative Plaza 162:00 P.M.
Conservation and EnvironmentLegislative Plaza 292:00 P.M.
State SubcommitteeLegislative Plaza 302:00 P.M.
TransportationLegislative Plaza 163:30 P.M.
JudiciaryLegislative Plaza 313:30 P.M.
Domestic Sub.Legislative Plaza 303:30 P.M.
Public SafetyLegislative Plaza 164:00 P.M.


Wednesday, March 17

CommitteeRoomTime
Calendar and Rules (TBA)Legislative Plaza 168:00 A.M.
Consumer and Employee AffairsLegislative Plaza 298:30 A.M.
Rural Roads SubcommitteeLegislative Plaza 308:30 A.M.
Local SubcommitteeLegislative Plaza 318:30 A.M.
Higher EducationLegislative Plaza 169:15 A.M.
Small BusinessLegislative Plaza 309:15 A.M.
K-12 SubcommitteeLegislative Plaza 1610:00 A.M.
Government OperationsLegislative Plaza 3010:00 A.M.
Industrial ImpactLegislative Plaza 3110:00 A.M.
EducationLegislative Plaza 1611:00 A.M.
Budget Sub.Legislative Plaza 29 11:00 A.M.
CriminalLegislative Plaza 3111:00 A.M.
ParksLegislative Plaza 1612:30 P.M.
EmployeeLegislative Plaza 2912:30 P.M.
Health Care FacilitiesLegislative Plaza 3012:30 P.M.
Civil Practice SubcommitteeLegislative Plaza 3112:30 P.M.
Public Health SubcommitteeLegislative Plaza 301:30 P.M.
Finance and Budget HearingsLegislative Plaza 162:00 P.M.