Tennessee House Bill HB2168

Tennessee 2023-2024 Regular Session

• Introduced: 1/25/24
• Refer: 1/31/24
• Refer: 2/27/24
• Refer: 3/5/24
• Engrossed: 3/19/24
• Enrolled: 4/2/24
• Passed: 4/22/24
• Chaptered: 5/1/24

Caption

AN ACT to to amend Tennessee Code Annotated, Title 36, Chapter 3, Part 6, relative to appeals.

Impact

The adoption of HB2168 is likely to enhance protections for individuals with temporary orders by ensuring that these protections are upheld throughout the duration of any appeals. This amendment addresses a crucial aspect of the legal process where victims might otherwise feel vulnerable if their protective orders could lapse while an appeal is considered. The impact on state laws is a reaffirmation of the importance placed on protecting individuals who are subject to such orders, thereby reinforcing legal protections against potential abuse.

Summary

House Bill 2168 amends the Tennessee Code Annotated, specifically Title 36, Chapter 3, Part 6, which pertains to appeals. The primary modification introduced by this bill stipulates that an order of protection remains in effect during the appeals process unless it expires by operation of law. This legislative change is significant as it clarifies the continuity of protective orders while legal appeals are underway, potentially impacting individuals seeking protection from abuse or harassment during legal proceedings.

Sentiment

The sentiment surrounding HB2168 appears to be largely positive, particularly from advocates of domestic and sexual violence protections. Supporters of the bill highlight its critical role in safeguarding the rights and safety of individuals during potentially disruptive legal processes. There is a sense of unity among proponents who believe that the bill addresses an important gap in current laws, thereby improving overall legal protections for the vulnerable.

Contention

While there is strong support for HB2168, some concerns might arise regarding the implications of keeping protective orders in effect during appeals, particularly from individuals or attorneys advocating for the rights of the accused. There may be debates over the balance between protecting victims and ensuring fair legal processes for those facing accusations. Nonetheless, the bill's proponents argue that the need for continuous protection for vulnerable parties outweighs these concerns, marking a significant legislative step in the context of domestic and protective law frameworks.