Special Session on School Safety Officially Called by Tennessee Governor

The Tennessee State Capitol in Nashville on March 29, 2023. Chase Smith/The Epoch Times

As members of the Tennessee General Assembly prepare to return to Nashville next week for a special session called by Republican Gov. Bill Lee after the March 27 Covenant School shooting, both parties are putting forward proposals for what they want to see passed.

Mr. Lee issued the official call for the special session on Aug. 8 (pdf), with a narrow scope of what can and cannot be put forth by the Legislature, which includes a GOP supermajority in both chambers. The session is officially set to be focused on public safety in the state.

“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,” Mr. Lee said in a press release announcing the session. “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.”

Gun rights supporters in Tennessee have decried the efforts of the Lee administration earlier this year to pass laws allowing for the removal of weapons from people deemed dangerous to themselves or others, laws colloquially referred to as “red flag” laws—although Lee has remained adamant that his earlier proposals should not be referred to as such.

Democrats in the state Legislature have called for gun control measures since the March shooting, while members of the governor’s party have remained adamantly opposed to such legislation.

Governor Makes Call

While the governor’s office did call on his party to bring forward extreme risk protection order legislation earlier this year, he stepped back from that goal in his official call for the special session.

Instead, Lee presented a list of legislative and budget priorities meant to “keep Tennessee communities safe” while also supporting law enforcement and addressing mental health, “all while preserving constitutional rights.”

Per the governor’s order, 18 topics are listed as being priorities for the Legislature to “consider and act upon.”

They include considering or proposing legislation related to mental health resources, school safety plans and policies, mass violence or threats of such, human trafficking, and stalking.

The list also calls on medical providers’ duty to “warn about potential violent offenses” and making necessary changes to “the structure or operations” of state or local courts.

Other priorities are broader, with Lee’s order calling for law enforcement to have better access to criminal and juvenile records as well as information about individuals who have been subject to mental health commitment or have been arrested for felonies.

Safe gun storage measures are also encouraged to be discussed, but Lee’s order specifically said they must not “include the creation of penalties for failing to safely store firearms.”

Temporary mental health orders of protection are also part of the list, with language included that requires legislators to heavily narrow the scope of any such law to ensure due process.

Juvenile Offenses

Some of the more contentious issues that have drawn criticism from state Democrats brought forth in Lee’s call revolve around the juvenile justice system.

In addition to the broader public safety topics aforementioned, several juvenile-focused measures are encouraged to be discussed, including limiting the circumstances in which juvenile records may be expunged, blended sentencing for juveniles, and transferring juvenile defendants aged 16 and over to courts with criminal jurisdiction.

Additionally, offenses related to inducing or coercing a minor to commit an offense are included in the list of topics.

State Sen. Jeff Yarbro and other state Democrats decried the governor’s proposals related to juveniles on X, formerly known as Twitter.

“We were supposed to have a special session to protect Tennessee kids from gun violence,” Yarbro wrote. “Using that special session to ramp up incarceration [and] punishment for Tennessee kids—while still failing to protect them from gun violence—would be morally bankrupt.”

Specific Legislation

Of the specific legislation Lee has announced in addition to the broader topics listed in his official call for the special session, he lays out a list of priorities for his administration.

They include codifying an earlier executive order that requires accurate and timely record submission to the Tennessee Bureau of Investigation; directing the state’s Medicaid program to seek a waiver allowing federal matching funds to cover mental illness and substance use disorder treatments; and expanding access to mental health treatment and supporting advanced registered practice nurses with psychiatric training.

The administration also hopes to see legislation mandating the collection of DNA from individuals arrested for felonies, and tax reductions for firearm safes and free gun locks to encourage safe storage of firearms.

Republicans Announce ‘Tough on Crime’ Measures

State Senate Republican lawmakers are also preparing a set of legislative proposals. They’re primarily aiming at fortifying laws against potential threats of mass violence and enhancing penalties for gun-related crimes.

Speaker Pro Tempore Ferrell Haile is championing a bill to elevate the penalty for threatening mass violence from a misdemeanor to a felony.

He stated that “violent criminals are the problem,” emphasizing the necessity to tackle threats, irrespective of the method or tool of violence.

Another proposal seeks to boost communication between local law enforcement and mental health institutions, along with seeking to impose a mandatory five-year minimum sentence for crimes involving firearms.

Sens. Paul Rose and Brent Taylor are introducing a suite of bills that emphasize penalties for gun-related offenses, addressing various aspects of firearm possession, transfer, and usage.

Democrats Voice Concerns

Senate Minority Leader Raumesh Akbari expressed concerns about the state’s escalating gun violence, especially its effect on children.

She criticized past decisions that she believes have weakened gun control laws.

“Shootings are now the leading cause of death for children in our state,” Akbari stated, criticizing the “decade of Republicans eliminating common sense gun laws.”

“A promise to do something to stop future shootings was made to Covenant parents, but sadly this proclamation eliminates many paths forward,” she said. “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.”

The General Assembly will formally begin discussions on Aug. 21, where these legislative points, among others, will be debated and scrutinized.