House Democratic Leader Gary Odom passed a long-overdue measure Wednesday that will keep armed robbers behind bars longer.

“Unfortunately, a lot of armed robbers have been serving only a small percentage of their sentences, due to budgetary restraints in the state,” said Odom (D-Nashville). “We have [...]]]> News release from the office of House Democratic Leader Gary Odom:

House Democratic Leader Gary Odom passed a long-overdue measure Wednesday that will keep armed robbers behind bars longer.

“Unfortunately, a lot of armed robbers have been serving only a small percentage of their sentences, due to budgetary restraints in the state,” said Odom (D-Nashville). “We have found a way to keep these people in jail longer without additional cost to taxpayers.

“We’re talking about criminals who have stuck guns in citizens’ faces and are walking around on the streets. We have begun a process of changing the sentencing statutes so that we can put them where they belong: in jail.”

Overcoming a major hurdle, Odom passed the bill unanimously through the House Criminal Practice subcommittee Wednesday afternoon. Odom plans to move the bill through the House Judiciary and Finance Committees and to a full vote in the next two weeks.

The bill, inspired by a West Nashville constituent held at gunpoint by a criminal who pleaded guilty to earlier armed robbery charges, will more than double the minimum amount of time served for aggravated robbery from 30 to 75 percent.

“A constituent came to me and said: ‘Gary this guy pointed a gun at me and robbed me in broad daylight in my yard. I was angry when I learned that he had done it before and should have still been in jail,’” Odom said.

The bill doesn’t cost taxpayers because it is written to require that non-violent felons serve sentences in very extensive community corrections programs, under which they would pay retribution to their victims. By requiring these persons to serve in these programs, the measure would free up cells for the most violent criminals in society. These community-correction sentences would include offenses involving limited amounts of fraud and forgery and other non-violent property offenses.

The armed robber in the West Nashville case, under this legislation, would have served six of the eight years sentenced instead of only 2.4 years, Odom said. The bill has been endorsed by the chiefs of police in the four major Tennessee cities, in all three grand divisions.

An endorsement of the bill from Nashville Police Chief Ronal Serpas, sent to legislators, can be found at this link: Chief_Serpas_letter.pdf

Wade Davies, attorney for David C. Kernell, is questioning a magistrate’s authority to issue search warrants for Internet companies outside [...]]]> From the AP (updates and replaces earlier post):
The attorney for a University of Tennessee student accused of hacking the personal e-mail of former Republican vice presidential candidate Sarah Palin is challenging search warrants in the case.

Wade Davies, attorney for David C. Kernell, is questioning a magistrate’s authority to issue search warrants for Internet companies outside Tennessee.

The magistrate, Clifford Shirley, allowed Davies on Wednesday to pursue his challenge despite a looming April 20 trial date.

Kernell, 22, is accused of gaining access to Palin’s account in September 2008 by correctly answering a series of personal security questions. He has pleaded not guilty.

Davies told the court there are people throughout the country, including Alaska, involved in the case. Palin is former governor of Alaska and was John McCain’s running mate when the charges were made.

According to The Knoxville News Sentinel, Davies is trying to keep out as evidence information gleaned from Yahoo! and other Internet providers.

He contends the magistrate lacked authority to issue search warrants for entities outside the Eastern District of Tennessee where Shirley presides.

Prosecutors say a law guaranteeing electronic privacy gives the magistrate that authority.

Another hearing is set for March 24.

Kernell’s father is Democratic state Rep. Michael Kernell of Memphis.

The bill by Rep. Bill Dunn, R-Knoxville, is named after the United States senator from Nebraska and is intended to [...]]]> The proposed “Ben Nelson Act to Ensure Political Integrity” got a cool reception from Democratic legislators Wednesday, prompting the Republican sponsor to offer a change in the name that one lawmaker called “a gratuitous political insult.”

The bill by Rep. Bill Dunn, R-Knoxville, is named after the United States senator from Nebraska and is intended to create a new crime of “political bribery.” Nelson reportedly voted for a proposed health care reform bill in the Senate in exchange for having his home state exempted from the expenses that other states would face.

Current bribery statutes basically require that the politician have a personal financial gain for a crime to occur.

“There are other ways to buy a vote,” said Dunn. “This gets into trading of votes… where there is something to gain, either politically or for their (lawmakers’) districts.”

Dunn’s offer to drop the name came after Rep. Henry Fincher, D-Cookeville, said he did not know Nelson but “I don’t feel comfortable insulting him gratuitously just to further someone else’s agenda.”

Fincher did not accept the offer. He and Rep. Mike Stewart, D-Nashville, both said they had other, more serious objections.

“You’re getting onto a slippery slope when trying to decide when it’s a crime to vote for a local bill that helps you’re district,” said Stewart, adding that the bill may also be unconstitutional and could be used to harass legislators with threats of prosecution.

Fincher said Dunn was “outlawing something that isn’t bribery” and that the law could easily be evaded. As an example, he jokingly declared that he would vote for Dunn’s bill if Dunn, chairman of the House Calendar and Rules Committee, “would do something nice in Calendar and Rules for Rep. Stewart’s district.”

The bill had been scheduled for a vote in a subcommittee of the House Judiciary Committee, which has three Republican members and three Democrats. It appeared headed for a 3-3 tie vote, which would mean the bill fails.

The vote was postponed for a week. Dunn said he wants to focus future debate on a provision of the bill that could be seen as protecting legislators.

Under current law requiring “financial gain” for a bribery prosecution, Dunn said, a legislator’s “boss could say, ‘I’ll fire you if you don’t vote for that bill.” Under his proposal, Dunn said, the employer could be prosecuted for bribery and thus the bill can be seen as “protecting legislators.”

The measure sponsored by Rep. Curry Todd, a Collierville Republican, passed the House Judiciary Criminal Practice and Procedure Subcommittee on a voice vote Wednesday.

A judge [...]]]> From the AP:
Legislation is advancing in the House that seeks to clarify a Tennessee law allowing people with handgun permits to be armed in bars and restaurants that serve alcohol.

The measure sponsored by Rep. Curry Todd, a Collierville Republican, passed the House Judiciary Criminal Practice and Procedure Subcommittee on a voice vote Wednesday.

A judge ruled last year that the law is unconstitutionally vague. It made an exception for establishments that serve at least one meal on five days per week and where “the serving of such meals shall be the principal business conducted.” Tennessee has no legal definition to distinguish bars from restaurants.

Critics of the law said it’s unclear as to where patrons can and cannot carry their weapons.

But Todd said his legislation (HB3125) provides clarification by allowing permit holders to carry their weapons “where alcohol beverages are served, unless it’s posted” otherwise.
“This bill is very clear,” he said. “I think this is a good bill.”

Dan Haskell, a lobbyist for the Tennessee Hospitality Association, expressed concerns about the proposal and asked the committee for more time to review it.

“The last thing we want to do is put a sign in the window that says something about guns,” Haskell said.

Todd said the signs would not be a deterrent, but properly posted.

However, Randy Rayburn, who owns three Nashville restaurants, said the proposal is too broad.

“This goes far beyond what was passed last year,” he said. “We as property owners feel that our property rights when they come into conflict with Second Amendment rights need to be respected, and that the security of our customers and employees needs to be protected.”

The state Attorney General’s office is appealing the judge’s ruling, but the appeal may become moot if Todd’s proposal passes.

He said the legislation is expected to be heard in the Senate next week.

Gibbons, who is the top prosecutor in Shelby County, said at a Children’s Advocacy Days gubernatorial [...]]]> Tennessee gubernatorial candidate Bill Gibbons on Wednesday proposed to fund pre-kindergarten expansion by cutting the amount of money the state lottery pays to large ticket vendors like the Pilot truck stop chain that is part-owned by GOP rival Bill Haslam.

Gibbons, who is the top prosecutor in Shelby County, said at a Children’s Advocacy Days gubernatorial forum that “big oil” should receive a smaller commission from the state lottery.

“Entities like Exxon and Pilot Oil are raking in millions of dollars in lottery funds,” Gibbons, a Republican, said in an interview after the event. “They’re simply taking tens of millions of dollars that could be used to benefit the children of our state.”
Vendors currently receive a 6.5 percent commission on lottery sales.

Haslam, who has been the dominant fundraiser in the campaign so far, was president of Knoxville-based Pilot Corp. until 2003 and remains a part-owner.

Haslam didn’t address Gibbons’ proposal during the forum, but said afterward that “it’s fine to look at that economic proposal.” He noted that not only large chains sell lottery tickets, and that he’d have to look at “how it affects independent mom-and-pop operators as well.”

Gibbons said the lottery commission could be tailored to the size of the vendor. “The larger chain retailers frankly don’t have much overhead to sell these lottery tickets, if any,” he said.

Haslam also dismissed questions about a conflict of interest on the issue, saying his record as Knoxville mayor shows he is able to evaluate such a proposal objectively.
Gibbons has been the most vocal among the candidates in criticizing Haslam for refusing to divulge how much he earns from privately-owned Pilot.

Haslam’s campaign has said releasing his Pilot earnings would reveal personal information about the income of family members not running for office and proprietary information about the company with annual revenues of $16 billion.

The candidates are vying to succeed term-limited Democratic Gov. Phil Bredesen. Gibbons’ fundraising has lagged behind fellow Republicans Haslam, state Senate Speaker Ron Ramsey of Blountville and U.S. Rep. Zach Wamp of Chattanooga.

The Democratic candidates, Jackson businessman Mike McWherter and former state House Majority Leader Kim McMillan of Clarksville, said at the forum that they support growing the state’s pre-K program.

Haslam said budget pressures could prevent expanding the pre-K program.
“I would love to see us expand pre-K, but I don’t know that have the funds to do that,” he said.

Ramsey said he supports the program targeted at children from low-income homes, but not expanding the program to any family that wants to participate.

“Every dime we spend on pre-K is a dollar taken away from K-12 education,” he said.
Wamp called pre-K an “important piece of the continuum of care in early childhood education,” and said he supports the program in its current form.

Niceley, R-Strawberry Plains, said the idea behind the bill (HB3510) is that an “out of [...]]]> Rep. Frank Niceley’s bill authorize reapportionment of congressional districts every two years and set up a “joint legislative committee on congressional communications” has failed in a House subcommittee on a tie vote – three Republicans for it, three Democrats against it.

Niceley, R-Strawberry Plains, said the idea behind the bill (HB3510) is that an “out of control” Congress now pays little or no attention to state legislators wishes.

Under his plan, a joint House-Senate committee of state legislators would be assigned to meet annually with the state’s congressional delegation, periodically presenting them with a legislature-passed resolution telling them “things we want Congress to do and things we don’t want Congress to do.”

If congressmen, “fail to show respect for this institution (the legislature)” by failing to follow legislator wishes, they would be subject to being redistricted. Niceley called it a political “hard ball” approach. (Earlier story, HERE)

Niceley asked for a roll call for on the bill, saying, “Let the Tea Party boys see who’s voting no here.”

Those voting for the bill were Republicans Joe Carr of Lascassas, Ryan Haynes of Knoxville and Gerald McCormick of Chattanooga. Those voting no were Democrats Ty Cobb of Columbia, John Litz of Morristown and Mary Pruitt of Nashville.

“Olen brings a wealth of experience that will make him an asset to the Judicial Nominating Commission”, said Speaker Kent [...]]]> News release from House Speaker Kent Williams’ office:
Speaker of the House Kent Williams (Carter County Republican – Elizabethton) has appointed Olen G. Haynes, Sr. of Washington County as a member of the Tennessee Judicial Nominating Commission.

“Olen brings a wealth of experience that will make him an asset to the Judicial Nominating Commission”, said Speaker Kent Williams. “He is well respected in our area and I am confident he will serve our state well”.

Mr. Haynes has been a leader in the community for over 60 years. He attended East Tennessee State University and the University of Tennessee College of Law. He is currently a partner in the law firm of Arnold, Haynes & Sanders and has practiced law for over 40 years. His areas of practice include personal injury, eminent domain, medical malpractice, product liability, aviation law, domestic relations and criminal law. Haynes’ dedication to the community and knowledge of the judicial system will serve him well during his time on the Judicial Nominating Commission.

The purpose of the Judicial Nominating Commission is to assist Governor Bredesen in finding and appointing the best qualified persons for service on the appellate courts of the state, nominating for the trial courts, and to assist the electorate of the state in electing the best qualified persons to the courts. The Judicial Nominating Commission is also responsible for making the courts less political and keeping political pressures away from the judicial system.

This appointment was made in accordance with T.C.A. Section 17-4-102.

“The military families in my district move in and out so much that many spouses are [...]]]> A news release from the Senate Democratic Caucus:
Sen. Lowe Finney (D-Jackson) and Sen. Tim Barnes (D-Adams) want to help Tennessee military families by extending unemployment benefits to individuals who leave their jobs to accompany their spouses on a military transfer.

“The military families in my district move in and out so much that many spouses are constantly on the job search,” Barnes said. “We must help our military families in those times between jobs, so that they can continue to provide for their children.”

The bill (SB3213/HB3449) would require the state to pay unemployment benefits for those who left their jobs as a result of a spouse’s military transfer. About 2,300 Tennessee military spouses are employed and have to transfer each year.

Kansas enacted a similar law and processed 67 such unemployment claims in 2007. Tennessee would likely see about 100 unemployment claims from military spouses each year, according to the state Department of Labor and Workforce Development, resulting in an estimated cost of about $365,400.

“This bill isn’t going to break the bank, and it certainly will mean a lot to military families who already sacrifice so much to serve our state and our country,” Finney said.

The bill passed a Senate committee Tuesday. The House version of the bill is in subcommittee.