Last week, Senate Republicans advanced several bills to increase penalties for criminals, specifically repeat offenders and criminals who target children. I brought forth a bill that empowers intrastate commerce in Tennessee.
To address the issue of persistent crime, Tennessee lawmakers are prioritizing solutions to tackle the challenge of repeat misdemeanor offenders who often avoid significant consequences. Senator Bo Watson (R-Hixson) passed Senate Bill 2155 in the Senate Judiciary Committee which would increase the minimum jail time following a fifth qualifying misdemeanor offense. The list includes 37 total crimes ranging from assault to driving under the influence.
Under this legislation, a criminal who has been convicted of any combination of five or more qualifying misdemeanors in the past ten years would be subject to a class E felony charge at the discretion of a judge. In the case of certain repeat violent offenses such as domestic assault and child neglect, the legislation would raise the third or subsequent conviction from a class D misdemeanor to a class E felony. A Class E felony is punishable by up to six years in prison and a fine of up to $3,000.
“There are hundreds, if not thousands, of repeat misdemeanor offenders across the state of Tennessee,” said Watson. “They are habitual criminals, and the public is tired of them getting off with a simple ‘slap on the wrist.’ This legislation is one remedy we should consider to curb criminal recidivism.”
Senate Bill 2155 now awaits passage on the Senate floor.
On Tuesday last week, the Senate Commerce and Labor Committee advanced my bill, Senate Bill 2133, that would delegate regulatory oversight of intrastate commerce from the federal government to the state. The legislation would empower Tennessee to govern the production and distribution of goods within its borders. This bill makes it clear that if commerce in Tennessee does not fall under interstate commerce because it takes place solely within our state, then it falls under the purview of the state of Tennessee.
When laws are ambiguous or silent, then under Chevron deference precedence the court defers to the regulatory agency that oversees the subject matter to interpret the law. The United States Supreme Court is currently in a position to consider overturning Chevron deference, which would return the interpretation of regulatory law to the judicial branch. If Chevron is overturned, the legislation would make clear that regulatory authority for intrastate commerce falls under the state of Tennessee.
In recent years, we have seen federal bureaucrats interfere in Tennessee’s commerce in the sale and production of pork products and even neighbors selling tomatoes to neighbors. All of that is regulated by the federal government because of the doctrine of Chevron deference. This bill seeks to eliminate ambiguity in Tennessee law and ensure that Tennessee is in a position to regulate our own business.
The Tennessee General Assembly has taken steps in recent years to claw back regulatory authority from the federal government. In 2023, a new law passed enabling Tennessee to reclaim control of meat inspection from the federal government and speed up the process which was hurting meat producers.
The bill passed committee and now awaits passage on the Senate floor.
It is an honor to serve as your state senator. Next week, I look forward to sharing more with you about news and updates in the General Assembly. In the meantime, please continue to reach out to my office on issues of interest and importance at 615-741-1946 or sen.adam.lowe@capitol.tn.gov.
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