Governor Bill Lee is opening the door for members of the Tennessee General Assembly to approve a temporary mental health order of protection that some in his own party oppose in the upcoming public safety special session.
Governor Lee issued a proclamation for the August 21 special session Tuesday night that included 18 topics for lawmakers to discuss, including the protection orders.
“As our nation faces evolving public safety threats, Tennessee remains vigilant and is taking continued action to protect communities while preserving the constitutional rights of law-abiding citizens,” said Gov. Bill Lee. “In the months leading up to the public safety special session, we have listened to Tennesseans and worked with members of the General Assembly to identify thoughtful, practical measures to strengthen public safety across our state, including steps to support law enforcement, address mental health, prevent violent crime and stop human trafficking. I thank the General Assembly for its continued partnership and look forward to achieving meaningful results for Tennesseans.”
Under the Governor’s proclamation, any temporary mental health order of protection, “must be initiated by law enforcement, must require a due process hearing, must require the respondent to undergo an assessment for suicidal or homicidal ideation, must require law enforcement to prove its case by clear and convincing evidence, and must require that an order of protection be reevaluated at least every one-hundred eighty (180) days.” Orders additionally could not be provided before the person receiving it has received notice.
Governor Lee initially brought up the possibility of passing a temporary mental health order of protection in April, following the Covenant school shooting in Nashville that killed three children and three adults. Lawmakers failed to pass legislation to enact the orders during the legislative session and there are signs it will be a challenge to pass it this summer, as members of Governor Lee’s own party have expressed opposition.
That includes Senate Republican Leader Jack Johnson, R-Franklin, who told Nashville TV station WKRN that he’s opposed to extreme risk protection orders.
“I do not anticipate that passing and I do not support it, but there are other things that are in the call and there are other things that I think the Governor would like to be considered in the special session that have absolutely nothing to do with guns or gun rights. We are reviewing that legislation and we will be deciding over the coming days what we can support and what we’re willing to file,” said Johnson.
Influential conservative gun rights activists with Tennessee Firearms Association (TFA) were noticeably less cordial with their response to the special session. The group issued a statement attacking Governor Lee directly.
“Governor Lee operates under the delusion that a short and typically choreographed special session is an appropriate tool to force through a package covering 18 diverse topics with an untold number of individual bills and amendments. Many of those topics are actually areas, like mental health, that are highly controversial, complicated and likely would require expert testimony in the committees that might take up those issues,” wrote the TFA. “Governor Lee’s proclamation makes it abundantly clear that he is on board with the long-standing calls from notable Democrats like Justin Jones and Joe Biden to enact gun control in Tennessee.”
Democratic leaders also had criticism for the Governor’s proclamation but for different reasons.
Senate Democratic Leader Raumesh Akbari released a statement calling for the General Assembly to more directly address gun safety reforms.
“A promise to do something to stop future shootings was made to Covenant parents, but sadly this proclamation eliminates many paths forward. While the narrow focus of this special session is frustrating, it will not stop Senate Democrats from fighting for reforms that directly address the epidemic of gun violence in our communities,” said Akbari. “We promised to put forward legislation that could prevent the next shooting before it happens — and that’s a promise we’re going to keep.”
The complete list of topics to be discussed in the session includes:
- Mental health resources, providers, commitments, or services.
- School safety plans or policies.
- Health care providers’ duty to warn about potential violent offenses.
- Offenses of committing acts of mass violence or threatening to commit acts of mass
- Reports from the Tennessee Bureau of Investigation regarding human trafficking.
- Identification of individuals arrested for felonies.
- Law enforcement’s access to criminal and juvenile records.
- Law enforcement’s access to information about individuals who are subject to mental health commitment.
- Information about victims of violent offenses.
- Stalking offenses.
- Measures encouraging the safe storage of firearms, which do not include the creation of penalties for failing to safely store firearms.
- Temporary mental health orders of protection, which must be initiated by law enforcement, must require a due process hearing, must require the respondent to undergo an assessment for suicidal or homicidal ideation, must require law enforcement to prove its case by clear and convincing evidence, must require that an order of protection be reevaluated at least every one-hundred eighty (180) days, and must not permit ex parte orders.
- The transfer of juvenile defendants aged sixteen (16) and older to courts with criminal jurisdiction, which must include appeal rights for the juveniles and the prosecuting authorities.
- Limiting the circumstances in which juvenile records may be expunged.
- Blended sentencing for juveniles.
- Offenses related to inducing or coercing a minor to commit an offense.
- The structure or operations of state or local courts.
- Making appropriations sufficient to provide funding for any legislation that receives final passage during the extraordinary session; making appropriations sufficient to pay the expenses of the extraordinary session, including the expenses of carrying out any actions taken pursuant to this proclamation; making appropriations sufficient to support mental health initiatives; making appropriations for school safety grants, as described on page B90 of the 2023-2024 Budget Document and in Section 54, Item 1-41, Section 60, Item 25, and Section 60, Item 26 of Chapter 418, Public Acts of 2023; and making appropriations to support school safety at institutions of higher education.
Governor Lee says more than 20,000 Tennesseans have submitted public comments on strengthening public safety.
An online form will remain open through the entirety of the special session to ensure that Tennesseans can continue engaging in the conversation.
