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New laws in effect July 1

T-G STAFF REPORT
Posted 7/5/23

The start of a new month means a lot to some people. For Tennessee’s state government, July 1 means new laws take effect, such as: School Expulsion for Mass Threats Any student who brings …

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New laws in effect July 1

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The start of a new month means a lot to some people. For Tennessee’s state government, July 1 means new laws take effect, such as:
School Expulsion for Mass Threats
Any student who brings a gun to school, assaults a teacher(s), threatens mass violence at a school, or brings drugs on campus, could face a one-year expulsion. Schools have discretionary overrule on a case-by-case basis and could intervene should it warrant a second look. 
Gender-Affirmed Care for Transgender Youth(s)
For minors who are requiring gender-affirming care, the new law bans puberty blockers and hormone therapy.  The law, however, does not block surgeries or drug prescriptions for those seeking to change their gender. Unfortunately, those who have been under the care of a physician prior to July 1 will lose access to that care after March 31st, 2024.  Those who choose to receive care after July 1 will be unable to start receiving treatments within the Volunteer State. 
Death Penalty Sped Up
The days of getting to spend months or years on Death Row, while awaiting appeals will soon be over.  The new law will require those people sentenced to death to be executed within 30 business days after an appeal and the courts have "exhausted all available methods of post-conviction relief". Additionally, the new law provides for juries to decide whether the convicted person's death sentence be expedited. It would take a unanimous vote of the jury on whether or not to speed up the process and it only applies to those convicted of first-degree murder. 
Move Over Law 
The Move Over Law not only applies to Police, Fire, EMS, and Tow Operators, but it will now affect you if you do not slow down and/or move over for vehicles with their hazard lights activated.  Fines for these infractions can cost you anywhere from $250 to $500 for the first offense, jail time, and up to $2500 in additional violations. 
Delta-8 Law
Beginning in a few days, a new law aimed at regulating Delta-8 products, including gummies, cartridges and other products, will make the legal buying age of 21 years old mandatory.  The products must also be sold in child-proof packaging and not exhibit child-like images. 
Silas Gable Flatt Law
This new law goes into effect and makes it an offense for someone knowingly providing a motor vehicle to anyone under the influence of any intoxicant or whose driving privileges have been suspended or revoked. Violations of this law will earn you a Class A Misdemeanor and a minimum of 48 hours in your local jail.  A second offense will grant you a 72-hour stay and a third offense will give you a one-week vacation courtesy of your local law enforcement agency. 
Drug Prosecution Immunity
As controversial as this may be, the new law taking effect July 1st, will provide immunity from arrest and prosecution for anyone experiencing an overdose for their first or any subsequent overdoses. The discretion has been given to local law enforcement or the district attorney's office on whether or not they wish to pursue charges. 
Telephone Solicitation Penalties
This new law aims at penalizing companies who constantly call you at all hours of the day wanting to sell you something. In addition to phone call solicitations, text messages may not be made between the hours of 8 a.m. and 9 p.m. and they cannot use any other methods of circumventing the subscribers' use of caller ID. Additionally, they cannot contact anyone on the Do Not Call Registry. They must pay $500 yearly to defray any regulatory and enforcement expenses and a solicitor who violates these regulations is subject to a civil penalty of $2,000 per violation. Previous laws only applied to telephone calls during those hours. 
Enhanced Sentencing Guidelines
Also taking effect July 1st is a new law that requires anyone convicted of aggravated kidnapping, aggravated rape, or rap to be sentenced to a Range II offense. In the Volunteer State, a Range II offense for aggravated rape or aggravated kidnapping brings a 25- 40-year imprisonment and a Class A Felony. A Range II sentence for rape is a Class B Felony and imprisonment between 12-20 years. 
Electronic Monitoring of Work Release Inmates
Although not taking effect July 1, this new law will begin January 1, 2024, and aims at requiring electronic monitoring of any inmates who have been granted Work Release privileges. This incorporates any inmates who are released from custody and allowed to leave the confines of the jail in order to perform paid or unpaid work. They must use an electronic monitoring device at all times and require the employer or person utilizing the inmate, to pay for the costs incurred while monitoring the inmate. 
New DUI Law
The new Senate Bill 328 and House Bill 144 will now reduce the number of days a person convicted of a second offense DUI, from 25 days to 17 days before being eligible to participate in a substance abuse program. The new bill also requires judges to impose a transdermal alcohol monitoring device for a 90-day period on all persons charged or convicted of three or more DUI-related offenses. The person must maintain sobriety for the 90-day period upon release from jail on probation or bail (unless the person's criminal case terminates prior to the completion period).