Signed by Governor Bill Lee

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that increases the criminal penalties for protesting on public property, effective October 1, 2020.

Highlights:

• Specifies that an individual will have committed assault against a first responder if they knowingly cause bodily injury to a first responder or knowingly causes physical contact with a first responder including spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the first responder (Sec. 2).

• Specifies that a conviction for the aforementioned crime will result in a Class A misdemeanor, a fine of $5,000, and a minimum 30 days of incarceration (Sec. 2).

• Specifies that an individual will have committed aggravated assault against a first responder if the assault (Sec. 2):

• Results in serious bodily injury or death to the first responder;

• Involved the use of display of a deadly weapon; or

• Involved strangulation or attempted strangulation.

• Specifies that a conviction for the aforementioned crime will result in a Class C misdemeanor, a fine of $15,000, and a minimum 90 days of incarceration (Sec. 2).

• Defines a “first responder” as a law enforcement officer, emergency services personnel, or another individual who responds to calls for emergency assistance from a 911 call, as well as (Sec. 2):

• Capitol police officers;

• Tennessee highway patrol officers;

• Tennessee bureau of investigation agents;

• Tennessee wildlife resources agency officers; and

• Park rangers employed by the division of parks and recreation in the department of environment and conservation.

• Defines “camping” as the following actions taking place between 10:00 PM and 7:00 AM, including (Sec. 13):

• Erecting, placing, maintaining, leaving, allowing to remain, or using a piece of furniture, tent, raised tarp, or other temporary shelters or structures;

• Sleeping or making preparation to sleep, including laying down a sleeping bag, blanket, or other material used for bedding;

• Placing or storing personal belongings for furniture use, including storing food for consumption;

• Carrying on cooking activities, whether by fire or use of artificial means such as propane stove or other heat-producing portable cooking equipment;

• Making a fire or preparing to make a fire; or

• Doing any digging or earth breaking.

• Increases the penalty for the aforementioned civil disobedience action of camping on property owned by the state to a Class E felony and a minimum of 30-45 days of incarceration (Sec. 8 & 13).

• Specifies that an individual will not be guilty of the aforementioned crime if given permission or authorization by the department, agency, official, or officials responsible for the operation, protection, or maintenance of the property to engage in camping on the property (Sec. 14).

• Specifies that any property confiscated or seized at a time of arrest or left unattended after arrest or issuance of a citation for camping, and taken into state custody will be held by the state for up to 90 days (Sec. 15).

• Requires an individual arrested for unauthorized camping on state property, vandalism, rioting, aggravated rioting, inciting a riot, or obstructing a highway to not be released for the first 12 hours of the individual’s arrest and without bond, if the official finds the defendant is likely to immediately resume the criminal behavior based on the circumstances of the arrest and the defendants prior criminal history (Sec. 18).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that increases the criminal penalties for protesting on public property, effective October 1, 2020.

Highlights:

• Specifies that an individual will have committed assault against a first responder if they knowingly cause bodily injury to a first responder or knowingly causes physical contact with a first responder including spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the first responder (Sec. 2).

• Specifies that a conviction for the aforementioned crime will result in a Class A misdemeanor, a fine of $5,000, and a minimum 30 days of incarceration (Sec. 2).

• Specifies that an individual will have committed aggravated assault against a first responder if the assault (Sec. 2):

• Results in serious bodily injury or death to the first responder;

• Involved the use of display of a deadly weapon; or

• Involved strangulation or attempted strangulation.

• Specifies that a conviction for the aforementioned crime will result in a Class C misdemeanor, a fine of $15,000, and a minimum 90 days of incarceration (Sec. 2).

• Defines a “first responder” as a law enforcement officer, emergency services personnel, or another individual who responds to calls for emergency assistance from a 911 call, as well as (Sec. 2):

• Capitol police officers;

• Tennessee highway patrol officers;

• Tennessee bureau of investigation agents;

• Tennessee wildlife resources agency officers; and

• Park rangers employed by the division of parks and recreation in the department of environment and conservation.

• Defines “camping” as the following actions taking place between 10:00 PM and 7:00 AM, including (Sec. 13):

• Erecting, placing, maintaining, leaving, allowing to remain, or using a piece of furniture, tent, raised tarp, or other temporary shelters or structures;

• Sleeping or making preparation to sleep, including laying down a sleeping bag, blanket, or other material used for bedding;

• Placing or storing personal belongings for furniture use, including storing food for consumption;

• Carrying on cooking activities, whether by fire or use of artificial means such as propane stove or other heat-producing portable cooking equipment;

• Making a fire or preparing to make a fire; or

• Doing any digging or earth breaking.

• Increases the penalty for the aforementioned civil disobedience action of camping on property owned by the state to a Class E felony and a minimum of 30-45 days of incarceration (Sec. 8 & 13).

• Specifies that an individual will not be guilty of the aforementioned crime if given permission or authorization by the department, agency, official, or officials responsible for the operation, protection, or maintenance of the property to engage in camping on the property (Sec. 14).

• Specifies that any property confiscated or seized at a time of arrest or left unattended after arrest or issuance of a citation for camping, and taken into state custody will be held by the state for up to 90 days (Sec. 15).

• Requires an individual arrested for unauthorized camping on state property, vandalism, rioting, aggravated rioting, inciting a riot, or obstructing a highway to not be released for the first 12 hours of the individual’s arrest and without bond, if the official finds the defendant is likely to immediately resume the criminal behavior based on the circumstances of the arrest and the defendants prior criminal history (Sec. 18).

Full Bill Text