Law Updates

Two new Tennessee laws of interest taking effect July 1, 2019, are the Hands Free Law & Landlord/Tenant Laws concerning Service and/or Support Animals. 

I. The Hands Free Law makes it illegal for Tennessee drivers to:

1.  hold a cell phone or mobile device with any part of their body;
2.  write, send, or read any text-based communication;
3. reach for a cell phone or mobile device in a manner that requires the driver to no longer be in a seated driving position or properly restrained by a seat belt;
   
4. watch a video or movie on a cell phone or mobile device; and 
   
5. record or broadcast video on a cell phone or mobile device

There is an exception to the law that allows for cell phone or mobile device use in emergency situations. 

II. Landlord and Tenant – Service Animals – Fraud

This new law allows landlords to require requests for exceptions to no-pet policies in leases from disabled tenants who require the use of a service or support animal.
Read more . . .

The Tennessee Supreme Court recently adopted the federal good-faith exception to the exclusionary rule in a divided opinion. The exclusionary rule generally prohibits the state from introducing evidence in a criminal prosecution that was obtained in violation of an individual’s constitutional rights.

There have been two recent, noteworthy Tennessee Supreme Court decisions.

First, the Court issued a ruling in August that upheld a statute allowing the State to collect a fee for lab testing from defendants convicted of certain drug and alcohol related offenses. This decision reversed a Tennessee Court of Criminal Appeals decision, which found the lab tests to be unconstitutionally biased based on the monetary incentive for a positive test result.

Earlier this week a federal court judge determined that the State of Tennessee’s practice of revoking the driver’s licenses of individuals who cannot afford to pay court costs is unconstitutional. U.S. District Judge Aleta Trauger noted in her opinion that the practice was not only ineffective but counter-productive.

There have been several recent changes and newly enacted laws related to family law matters in Tennessee. Here is a brief run-down of some of the changes:

On April 18^th, 2018, the Tennessee Supreme Court adopted the Uniform Bar Exam (UBE) as the testing component for bar admission in Tennessee. The UBE is a nationwide test that has been adopted by 31 other jurisdictions. The bar exam is administered twice each year first in February and then again in July. Tennessee is expected to first utilize the UBE in February of 2019.

A bill that would allow some Tennessee residents to use medical marijuana recently passed the House Criminal Justice Committee with a 9-2 vote. The bill would provide a legal defense to the crime of possessing marijuana to individuals who suffer from certain specifically designated illnesses and medical conditions with a doctor’s note prescribing cannabis.

The proposed bill does not legalize the recreational use of marijuana. The Senate version of the bill has not yet been taken up in committee. 

Tennessee Court of Appeals for the Middle District of Tennessee has just issued a ruling that calls into question the admissibility of all TBI DUI alcohol and drug testing in DUI prosecutions. If you have a pending DUI, Vehicular Assault, or Vehicular Homicide case where a lab test was taken, you may be able to use this new law in your defense!

Here’s a quick look at a few of the new laws taking effect in Tennessee on January 1, 2018:

Cell phone use in active school zones

It is now unlawful to talk on a handheld cellular device in a school zone while the warning lights are flashing.