Local Government, General

Plain English Breakdown

The bill summary does not provide specific details about penalties for misdemeanor offenses or enforcement mechanisms.

Changes to Local Government Policies in Tennessee

This bill removes the felony classification for local government officials who support sanctuary policies and alters court procedures regarding their removal from office.

What This Bill Does

• Removes the penalty of a Class E felony for local government officials who support sanctuary policies, making it instead an unclassified misdemeanor offense.
• Allows residents to file complaints in chancery court if they believe an official has violated the law regarding sanctuary policies.
• Eliminates the requirement that the attorney general must wait until after an official is convicted before taking action to remove them from office.

Who It Names or Affects

• Local government officials who support or vote for sanctuary policies
• Residents of municipalities and counties who want to report violations

Terms To Know

sanctuary policy

A local law that limits cooperation with federal immigration enforcement.

Class E felony

The fifth most serious type of felony in Tennessee, punishable by a fine and imprisonment.

Limits and Unknowns

• It is not clear how this bill will be enforced or what the exact penalties for misdemeanor offenses will be.
• The bill does not specify if there are any limits on who can file complaints against officials.

Official Summary Text

Present law prohibits a public official from adopting or enacting a
sanctuary policy
and classifies such offense as
a Class E felony
,
punishable by a fine of
no more than
$
3
,
0
00; a term of imprisonment of
no less than one year and
no more than
six years
; or both
.

This bill removes the Class E felony offense classification, which leaves the offense unclassified.

Present law provides that w
hen the performance of an act is made criminal by statute, and no penalty

for the violation of that statute is imposed,
then
the doing of the act is a misdemeanor.
Present law further provides that a
n offense designated as a misdemeanor without specification as to category is a Class A misdemeanor
, which is punishable by a term of imprisonment of
no greater than
11
months,
29
days
;
a fine not to exceed $2,500
;
or both
. Thereby, the removal of the offense classification for the
offense described above results in the offense being classified as a Class A misdemeanor.

PROSECUTION FOR OFFENSE

Present law authorizes

a
person residing in a municipality or county who believes
an
official has
committed such offense

to
file a complaint in chancery court in that person's county of residence.

If the court finds the official is in violation,
then
the court
must
issue a writ of mandamus against the official ordering the official to comply, enjoin
ing
the official from further interference, and tak
ing
other action to ensure compliance.

Upon the failure of an official to comply with
the court
order, and
the official's subsequent conviction
of such offense
, the attorney general
must
initiate an action to remove the official from office, as soon as practicable.
This bill removes the requirement that the attorney general must wait to initiate such an action until after the official receives a subsequent conviction of such offense.

Current Bill Text

SENATE BILL 2250
By Pody

HOUSE BILL 2165
By Barrett
HB2165
012243
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 7 and
Title 8, relative to local government.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 7-68-103(b), is amended by deleting
the second sentence of the subsection.
SECTION 2. Tennessee Code Annotated, Section 7-68-104(e), is amended by deleting
the language ", and the official's subsequent conviction pursuant to § 7-68-103(b)".
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.