Amends TCA Title 10, Chapter 7, Part 5; Title 38; Title 39 and Title 40.

This bill establishes certain requirements and restrictions for community oversight boards. This bill defines "community oversight board" as a board or committee established by a local government to investigate or oversee investigation into possible law enforcement officer misconduct or the operations of an agency employing a law enforcement officer.<br /> <br /> This bill:<br /> <br /> (1) Limits the authority of a community oversight board to the review and consideration of matters reported to the board and the issuance of advisory reports and recommendations to the duly elected or appointed officials of the agencies involved in public safety and the administration of justice within the jurisdiction for which the community oversight board is established;<br /> (2) States that a community oversight board does not have the power to issue subpoenas for documents or to compel witness testimony;<br /> (3) Requires that an employee or member of a community oversight board be a registered voter of the jurisdiction for which the community oversight board is established;<br /> (4) Prohibits a community oversight board from restricting or otherwise limiting membership based upon demographics, economic status, or employment history;<br /> (5) Specifies that any document provided to a community oversight board that is confidential under present law must be treated as confidential and must not be released to the public; and<br /> (6) Requires a community oversight board to annually submit a report to the chairs of the judiciary committees of the house of representatives and senate, that includes the following information: the number and nature of matters reported to the board; the number and nature of reviews conducted by the board; and the number and nature of advisory reports and recommendations issued by the board.<br /> <br /> ON MARCH 14, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 658, AS AMENDED.<br /> <br /> AMENDMENT #1 adds that a community oversight board in existence as of the effective date of this bill will have one year from this bill's effective date to comply with the bill's requirements that an employee or member of a community oversight board must be a registered voter of the jurisdiction for which the community oversight board is established and that the community oversight board must not restrict or otherwise limit membership based upon demographics, economic status, or employment history.<br /> <br /> ON MARCH 18, 2019, THE SENATE SUBSTITUTED HOUSE BILL 658 FOR SENATE BILL 1407, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 658, AS AMENDED.<br /> <br /> AMENDMENT #1 replaces this bill's prohibition against a community oversight board having subpoena power with authorization for a community oversight board to authorize an independent investigator employed by the community oversight board, chief of police, or head of the internal affairs division of the law enforcement agency within the jurisdiction for which the community oversight board is established, to petition a chancery or circuit court for the issuance of a subpoena. The court will be authorized to issue a subpoena, ordering a witness to appear and testify before the investigator, under oath, or ordering a custodian of records to produce records to the investigator, at a time and place specified by the court. Service of a subpoena issued under this bill may be made by any person authorized to serve process in this state by delivering a copy of the subpoena to the witness or the records custodian.<br /> <br /> ON MARCH 25, 2019, THE HOUSE NON-CONCURRED WITH SENATE AMENDMENT #1.<br /> <br /> ON APRIL 1, 2019, THE SENATE REFUSED TO RECEDE IN ITS ACTION IN ADOPTING AMENDMENT #1.<br /> <br /> ON APRIL 4, 2019, THE HOUSE REFUSED TO RECEDE FROM ITS NON-CONCURRENCE WITH SENATE AMENDMENT #1 AND APPOINTED A CONFERENCE COMMITTEE.<br /> <br /> ON APRIL 8, 2019, THE SENATE APPOINTED A CONFERENCE COMMITTEE.<br /> <br /> ON APRIL 17, 2019, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.<br /> <br /> ON APRIL 18, 2019, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE.<br /> <br />