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    New Tennessee laws tackle regulations for AI, delta-8, gun access, vehicle booting

    By Melissa Brown, Nashville Tennessean,

    5 days ago
    https://img.particlenews.com/image.php?url=0qlj9h_0u2yMV2z00

    More than 200 new Tennessee laws will take effect on July 1 addressing issues ranging from gun access and criminal justice to AI protections for musicians.

    The General Assembly this spring passed a slew of new bills, some of which took immediate effect after they were signed by Gov. Bill Lee. Many are set to take effect on July 1, the beginning of Tennessee's fiscal year.

    Though many new laws passed are incremental updates to current state code, some may draw immediate court challenges as seen in years past. A new law regulating the transport of a minor to have an abortion, which Republicans have deemed an "abortion trafficking" bill, is expected to draw a lawsuit against the state on constitutional grounds soon after it goes into effect on July 1. Idaho is currently tied up in appellate litigation over a similar law, which was struck down by a federal judge.

    The law already drew one lawsuit on Monday, with a state representative and Nashville lawyer suing district attorneys in an effort to block local prosecutors from enforcing the law.

    Other laws set to go into effect on July 1 include:

    Legislation limiting gun access for some

    Minors charged as juveniles for certain crimes will be banned from purchasing or owning a firearm until they are 25 under HB 1600. The new law allows the Tennessee Bureau of Investigation to access juvenile court records to determine eligibility for firearm transfers or gun permit eligibility. Juvenile defendants convicted of crimes like aggravated assault, aggravated cruelty to animals or threats of mass violence will be blocked from firearm ownership under the new law.

    HB 1640, also known as Jillian's Law, will also block some individuals from accessing firearms in Tennessee. Criminal defendants found mentally incompetent by a court will be blocked from purchasing or owning a gun. The law also requires the defendant to be committed for mental health treatment. Though the law received bipartisan support in the legislature, some raised concerns about Tennessee's treatment capacity for incompetent defendants. The legislation was inspired by Jillian Ludwig, the Belmont University student shot and killed by a suspect who had been deemed incompetent to stand trial for previous violent offenses but did not meet involuntary commitment standards.

    HB 1643, a companion bill to HB 1640, requires the state to pay for court-ordered mental health assessments and treatment of people charged with a misdemeanor and suspected of mental incompetency.

    Increased support for relative caregivers

    HB 1675 will provide family members who have legal custody of a relative's child with a monthly stipend in an effort to address the financial costs of caring for the child. "Relative caregivers," as they're referred to in the legislation, are on the rise in Tennessee as family members such as grandparents are increasingly raising children. The stipend program was previously established in 2022 but new language will increase access to a little under 2,000 children, according to the General Assembly fiscal note. Caregivers are eligible to receive a little more than $17 per day, 50% of the daily foster care rate.

    AI protections for musicians

    Tennessee's much-lauded ELVIS Act will officially go into effect on July 1, codifying protections for artists against articifical intelligence.

    The ELVIS Act adds artist's voices to the state's current Protection of Personal Rights law and can be criminally enforced by district attorneys as a Class A misdemeanor.

    Artists — and anyone else with exclusive licenses, like labels and distribution groups — can sue civilly for damages.

    Requiring printed school materials

    As some public schools have moved toward some learning materials on electronic devices, HB 2177 now requires Tennessee public schools to provide families with printed materials, whether it's a textbook or other material, if a parent or guardian requests.

    New delta-8 regulations

    Last year, lawmakers passed a new law enacting myriad regulations on hemp-derived cannabinoid products, including blocking sales to people under 21.

    While the age restriction took effect last July, some business regulations under the 2023 law were not set to take effect until July 2024.

    Manufacturers and sellers of hemp-derived cannabis products will be required to have a valid license issued by the Department of Agriculture. To qualify for a license, producers must follow state regulations, pay a fee of up to $500, consent to reasonable inspection and sampling, and undergo criminal background checks. Individuals are not eligible for licensure within 10 years of any drug-related felony conviction.

    Vehicle booting reform

    A new law will overhaul booting and towing regulations in the state, most notably blocking unlicensed companies from booting vehicles and capping booting fees at $75.

    Under the new Modernization of Towing, Immobilization and Oversight Normalization (MOTION) Act, booting companies are required to remove a boot from a vehicle within 45 minutes of the vehicle owner's call.

    The Tennesssean this spring reported on the growing number of Nashville residents who have complained about what they say is a predatory practice of companies booting cars on private property with unclear signage and lengthy wait periods for boot removal.

    Cyberbullying penalties

    House Bill 2590 will increase criminal penalties for bullying and cyberbullying offenses to those similar to harassment offenses. It also requires police to report bullying or cyberbullying incidents to the parents or guardians of minor victims.

    'Carolina squat' ban

    A vehicle modification known as the "Carolina squat" will now be illegal in Tennessee under House Bill 1944. The new law blocks motor vehicles that have an altered front fender four or more inches higher than the rear fender. The modification, most often seen on trucks or large SUVs, has already been banned in North Carolina and Virginia over safety concerns regarding driver visibility.

    Drivers will be fined $250 for a first offense and $500 for a second. A third offense in a 12-month period could lead to driver's license revocation.

    GPS monitoring for some accused of domestic abuse

    The Debbie and Marie Domestic Violence Protection Act will require some people accused of domestic abuse to wear a GPS monitor as a condition of their bail prior to trial. The accused defendant would have to pay for the GPS costs if issued a no contact order, and the accuser in the case would be notified if the defendant came near a banned area or near the accuser.

    The law is named in honor of Debbie Sisco and Marie Varsos, a mother and daughter murdered in 2021 by Varsos' estranged husband. Varsos left and reported her husband after he choked her and held her at gunpoint. When he was released on bond, he stalked her at her mother's home and ultimately shot and killed both women.

    Capital punishment for child rape

    In July, prosecutors can begin seeking the death penalty in criminal cases of child rape under new legislation that will likely draw a legal challenge. Those convicted of the crime could face life imprisonment, life imprisonment without the possibility of parole or the death penalty.

    In 2008, the U.S. Supreme Court ruled it unconstitutional to sentence a defendant to death for a non-homicide crime. Some Republican lawmakers this spring suggested a legal challenge in Tennessee could rise to the Supreme Court to test the 2008 precedent, now that the court has a conservative majority.

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