Tennessee Bureau of Investigation

Plain English Breakdown

The bill's provisions regarding limitations on state resources do not include specific details about emergency situations beyond what is provided in the official summary.

Federal Enforcement Accountability and Community Protection Act

This bill requires Tennessee's Bureau of Investigation to review critical incidents involving federal enforcement agencies and limits state resources provided to these agencies until an independent review is completed.

What This Bill Does

• Requires employees or officials who know about a critical incident involving a federal agency to report it within 24 hours to the TBI, district attorney general, and chief law enforcement official.
• Defines 'critical incidents' as actions by federal agencies that result in death or serious injury, regardless of whether the injured person was targeted.
• Requires the Tennessee Bureau of Investigation (TBI) to conduct an independent review of each critical incident and publish a report within 90 days on its website.
• Requires TBI to submit annual reports summarizing critical incidents, state resource involvement, and compliance with reporting requirements.
• Limits state resources provided to federal agencies involved in critical incidents until the TBI completes its review.

Who It Names or Affects

• Employees or officials of Tennessee's state and local law enforcement agencies
• Federal enforcement agencies operating within Tennessee

Terms To Know

Critical incident

An event involving a federal agency that results in death or serious bodily injury, regardless of whether the injured person was targeted.

Federal enforcement agency

A federal agency with authority to enforce federal laws and regulations, including but not limited to Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), FBI, DEA, ATF, Secret Service, U.S. Marshals, and Postal Inspection Service.

Limits and Unknowns

• The bill did not pass the Senate Judiciary Committee.
• It does not expand federal authority or authorize state prosecution of federal officers acting within their legal scope.
• The bill's provisions do not limit constitutionally protected rights or impede federal law enforcement actions.

Official Summary Text

If an employee or official of a state or local law enforcement agency becomes aware of a
critical incident within this state involving a federal enforcement agency, then
this bill requires
the employee or officia
l
, within 24 hours,
to
notify
all of
the following:



The Tennessee bureau of investigation
(TBI).


The district attorney general for the judicial district
.


The chief law enforcement official where the critical incident took place if the chief law enforcement official is not the person making
such required
notification
.

This bill requires

t
he notification
to
include the time and location of the critical incident, the nature of the action, the type of force used, and whether state or local resources were involved.
As used in this bill, a "critical incident"
means an enforcement action resulting in death or serious bodily injury to an individual regardless of whether or not the individual was the subject of the enforcement action
.

INDEPENDENT REVIEW
–
ANNUAL REPORT

This bill requires t
he
TBI, within existing resources, to
initiate an independent review of all critical incidents involving a federal enforcement agency.

The review must assess foreseeability of the serious bodily injury or death, de-escalation opportunities, and the role of state resources, if any, in the critical incident.
Such a
review is for the purpose of transparency, legislative oversight, and public reporting only and is not a criminal investigation of a federal officer.
T
he
TBI
must publish th
e review on the
TBI
's website in a manner accessible to the public within 90 days of opening the independent review. The report must redact any confidential information or information that might compromise an ongoing criminal investigation.

In addition to the independent review,
this bill requires
the
TBI, within existing resources, to
submit an annual report to the governor and to the speaker of the senate and the speaker of the house of representatives summarizing critical incidents, state resource involvement, and compliance with notification requirements as required by this
bill
. The report must include anonymized demographic information when available and whether the individual harmed was the subject of the enforcement action. A copy o
f this report must be published on the
TBI
's website in a manner available to the public.

NON-EMERGENCY STATE RESOURCES

This
bill prohibits s
tate and local officials and agencies
from
provid
ing
non-emergency state resources to a federal enforcement agency involved in a critical incident until the independent review has been completed.
However, t
his
prohibition
does not prohibit state and local officials and agencies from providing necessary emergency resources or any cooperation required by federal law or a valid court order before the independent review has been completed.

LIMITS ON STATE AND LOCAL AGENCIES

This bill prohibits a
state or local law enforcement agency
from
detain
ing
, question
ing
, search
ing
, or subject
ing
an individual to force solely because the individual is
(i) p
resent at or near an enforcement action;

(
ii
)
o
bserving, recording, or reporting on the enforcement action from a lawful location;

(
iii
)
t
raveling to or from work, school, or caregiving responsibilities in the area of an enforcement action; or

(
iv
)
a
ccompanying or assisting a family member, coworker, or neighbor in the area of an enfor
cement action.

This bill prohibits state and
local agencies
from
provid
ing
personnel, equipment, facilities, or crowd management assistance for the purpose of detaining or dispersing individuals present at or near an enforcement action unless required by federal law or a valid court order.

PROTECTIONS FOR REPORTING VIOLATIONS

This bill provides that a
state or local government employee or public official who in good faith reports a violation of this
bill
has all protections under
present law for such reporting
, and any other applicable protections provided by law.

APPLICABILITY

This bill clarifies that its provisions do not e
xpand federal authority;
a
uthorize state prosecution of federal officers acting within the scope of federal law;
l
imit constitutionally protected rights; or
i
mpede federal law enforcement actions.

Current Bill Text

HOUSE BILL 2209
By Powell

SENATE BILL 2289
By Lamar
SB2289
012648
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 8;
Title 38 and Title 50, relative to the Federal
Enforcement Accountability and Community
Protection Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 38, is amended by adding the following
as a new chapter:
38-15-101.
This chapter is known and may be cited as the "Federal Enforcement
Accountability and Community Protection Act."
38-15-102.
The general assembly finds that:
(1) This state has an interest in protecting residents, and this interest
extends to maintaining public trust when federal enforcement actions occurring in
this state result in death or serious bodily injury to residents; and
(2) This state is not required to provide state resources to federal
enforcement operations beyond that required by federal law.
38-15-103.
As used in this chapter:
(1) "Critical incident" means an enforcement action resulting in death or
serious bodily injury, as defined in § 39-11-106, to an individual regardless of
whether or not the individual was the subject of the enforcement action;
(2) "Enforcement action" means a federal enforcement operation
involving the potential use of force, and does not include routine administrative

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activity, service of process, or execution of judicial warrants that do not involve
the use of force;
(3) "Federal enforcement agency" means a federal agency with
enforcement authority over federal laws and regulations, and includes, but is not
limited to:
(A) United States immigration and customs enforcement;
(B) United States customs and border protection;
(C) The federal bureau of investigation;
(D) The drug enforcement administration;
(E) The bureau of alcohol, tobacco, firearms, and explosives;
(F) United States secret service;
(G) United States Marshals; and
(H) United States postal inspection service; and
(4) "State resources" includes state:
(A) Officials;
(B) Employees;
(C) Facilities;
(D) Equipment;
(E) Funding;
(F) Databases;
(G) Detention and correctional facilities; and
(H) Logistical support.
38-15-104.

- 3 - 012648

(a) If an employee or official of a state or local law enforcement agency becomes
aware of a critical incident within this state involving a federal enforcement agency, then
the employee or official shall, within twenty-four (24) hours, notify the following:
(1) The Tennessee bureau of investigation;
(2) The district attorney general for the judicial district; and
(3) The chief law enforcement official where the critical incident took
place if the chief law enforcement official is not the person making the notification
required by this subsection (a).
(b) The notification must include the time and location of the critical incident, the
nature of the action, the type of force used, and whether state or local resources were
involved.
39-15-105.
(a) The Tennessee bureau of investigation shall initiate an independent review
of all critical incidents involving a federal enforcement agency.
(b) The review must assess foreseeability of the serious bodily injury or death,
de-escalation opportunities, and the role of state resources, if any, in the critical incident.
(c) The bureau must publish the review on the bureau's website in a manner
accessible to the public within ninety (90) days of opening the independent review. The
report must redact any confidential information or information that might compromise an
ongoing criminal investigation.
(d) In addition to the independent review required under subsection (a), the
bureau shall submit an annual report to the governor and to the speaker of the senate
and the speaker of the house of representatives summarizing critical incidents, state
resource involvement, and compliance with notification requirements as required by this
chapter. The report must include anonymized demographic information when available

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and whether the individual harmed was the subject of the enforcement action. A copy of
this report must be published on the bureau's website in a manner available to the
public.
(e) The bureau shall conduct any reviews and compile the reports required by
this section using existing resources within the bureau's budget.
(f) A review conducted pursuant to subsection (a) is for the purpose of
transparency, legislative oversight, and public reporting only and is not a criminal
investigation of a federal officer.
39-15-106.
State and local officials and agencies shall not provide non-emergency state
resources to a federal enforcement agency involved in a critical incident until the
independent review required by § 39-15-105 has been completed. This section does not
prohibit state and local officials and agencies from providing necessary emergency
resources or any cooperation required by federal law or a valid court order before the
independent review has been completed.
39-15-107.
(a) A federal enforcement agency is encouraged to take reasonable steps to
avoid harm to individuals who are not subject to enforcement by employing de-
escalation techniques, including, but not limited to, time and location changes to
enforcement actions and delaying enforcement actions when practicable to avoid
potential injury to non-target individuals.
(b) A state or local law enforcement agency shall not detain, question, search, or
subject an individual to force solely because the individual is:
(1) Present at or near an enforcement action;

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(2) Observing, recording, or reporting on the enforcement action from a
lawful location;
(3) Traveling to or from work, school, or caregiving responsibilities in the
area of an enforcement action; or
(4) Accompanying or assisting a family member, coworker, or neighbor in
the area of an enforcement action.
(c) State and local agencies shall not provide personnel, equipment, facilities, or
crowd management assistance for the purpose of detaining or dispersing individuals
present at or near an enforcement action unless required by federal law or a valid court
order.
38-15-108.
A state or local government employee or public official who in good faith reports
a violation of this chapter has all protections under §§ 8-50-116 and 50-1-304, and any
other applicable protections provided by law.
38-15-109.
(a) This act does not:
(1) Expand federal authority;
(2) Authorize state prosecution of federal officers acting within the scope
of federal law;
(3) Limit constitutionally protected rights; or
(4) Impede federal law enforcement actions.
(b) This act does:
(1) Govern the use of state resources; and
(2) Ensure transparency.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.