Image Credit: Adelia Kirchner / The Tennessee Conservative & TN General Assembly
The Tennessee Conservative [By Adelia Kirchner] –
A bill that would have allowed Tennesseans to use “deadly force” to protect their property failed in the Senate Judiciary Committee on Tuesday.
Although the legislation received a 4-3 vote, it failed to receive a majority as there was one lawmaker marked as “present and not voting.”
Senate Bill 1407 (SB1407) was sponsored by Sen. Joey Hensley (R-Hohenwald-District 28).
The corresponding House Bill 856 (HB0856) was sponsored by Rep. Kip Capley (R-Summertown-District 71) and passed through the Criminal Justice Subcommittee last month.
“It establishes that a person is justified under certain circumstances in using deadly force against another to prevent or terminate the other from committing or attempting to commit certain property offenses,” Sen. Hensley stated in committee. “It authorizes a private citizen to use deadly force, if reasonably necessary, to accomplish the lawful arrest of an individual who flees or resists the arrest for violating protection of property statutes.”
SB1407 as amended specifically listed the crime of imminent commission of arson, burglary, robbery, theft during the nighttime or vandalism during the nighttime as a circumstance in which someone could use deadly force to protect their property.
The term “deadly force” as defined by this legislation reads “force that is intended or known by the defendant to cause or, in the manner of its use or intended use, is capable of causing death or a substantial risk of death and does not include the display of a weapon, the brandishing of a weapon, or the use of force in circumstances that do not result in death or serious bodily injury.”
Individuals representing Moms Demand Action-Tennessee, the Tennessee Bureau of Investigation (TBI), and the Tennessee District Attorney Generals Conference all voiced opposition of the bill during public testimony.
“Our conference is opposed to this bill,” said Executive Director General Stephen Crump. “Our significant concerns are that we believe that it will be very difficult for juries to make these decisions about nighttime and differentiate between why a person can commit a crime and be simply arrested in one instance, and if the same crime is committed under the same set of circumstances except potentially the time of day, someone could be killed.”
Sen. London Lamar (D-Memphis-District 33) seemed to be genuinely interested in the legislation.
“In Memphis we have a situation, really it’s probably all across the state, where folks are coming into your driveway at nighttime, pointing guns in the camera as they’re stealing your car,” said Sen. Lamar, “telling you, you can’t come out or standing on your property with guns and essentially with current law you can’t do anything about it. You just gotta let them take your car.”
“If not this bill, then what is your suggestion on what we should do to help folks stop stealing your property?” she asked TBI Policy Director, Patrick Powell.
Powell responded saying that he would disagree with Sen. Lamar’s assessment of the law and that if someone was armed and threatening via a ring doorbell for example, “that could put someone in fear for their life very easily. That is a very different set of circumstances than this allowing someone who is unarmed to be shot for a misdemeanor theft or a misdemeanor vandalism.”
Both Sen. Lamar and Sen. Brent Taylor (R-Memphis-District 31) continued to question Powell and General Crump on what a individual in Tennessee is allowed to do to protect their property without breaking the law. The lawmakers did not seem satisfied with the answers they received.
Sen. John Stevens (R-Huntingdon-District 24) pointed out that SB1407 as amended added “reasonably believes” throughout the language of the bill which the lawmaker noted is an objective standard and up to the discretion of the residing district attorney or a jury.
“It’s a very fact dependent determination,” said Sen. Stevens. “What’s done at one point may be reasonable, but other under facts and circumstances is absolutely a crime.”
SB1407 received a 4-3 vote with Republican Senators Bobby Harshbarger, John Stevens, Brent Taylor, and Dawn White voting in favor of the bill.
Republicans Paul Rose and Todd Gardenhire voted against it alongside Democrat Senator Sara Kyle.
Democrat Senator London Lamar asked the clerk to come back to her vote at the end, ultimately deciding to declare herself “present and not voting.”
The legislation failed in Senate Judiciary and will not be moving forward this year.
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee. Adelia is The Tennessee Conservative’s on-site reporter for the Tennessee General Assembly. You can reach Adelia at adelia@tennesseeconservativenews.com.
