HB0899112th GA (Historical)Introduced

Amends TCA Title 4, Chapter 54 and Title 8, Chapter 47.

This bill provides that it is a violation of an individual's civil rights for a government entity, official, employee, or agent to infringe upon or deny an individual the full exercise and enjoyment of any right recognized and protected by Article I, Section 26 of the Tennessee Constitution (regarding the right to bear arms) or any right recognized and protected by the second amendment to the United States Constitution. This bill further provides that a violation of its provisions may be enforced by means of a civil action, which may be brought in the county in which the action arose. A violation of this bill by a government official, employee, or agent may also be prosecuted as the Class E felony of official oppression under present law. A knowing or willful violation of this bill by a government official will constitute grounds for ouster. This bill states that it will not be considered a violation for a governmental entity, official, employee, or agent to enforce laws or regulations within the scope of such entity or individual's authority unless the law or regulation has been determined by a court to violate either the Tennessee or United States Constitutions. A governmental entity, official, employee, or agent that violates this bill will be liable for: (1) The actual damages caused by the violation or statutory damages of $250 per each day of the violation, whichever is greater; (2) Punitive damages to be determined by the trier of fact; and (3) Reasonable attorney's fees and court costs. Also, a governmental entity, official, employee, or agent that commits an act or engages in any pattern or practice in violation of this bill may be enjoined from further violations by a court of competent jurisdiction. An action for injunction may be brought by: (1) A person whose rights have been violated; (2) An entity that engages in advocacy for the protection and furtherance of said rights; or (3) Any other person or entity that will fairly and adequately represent the interests of those whose rights are protected by the state or federal constitutions as set forth in this bill. This bill specifies that it does not preclude any person or entity from seeking any remedies, penalties, or procedures otherwise provided by law.

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Overview

This bill provides that it is a violation of an individual's civil rights for a government entity, official, employee, or agent to infringe upon or deny an individual the full exercise and enjoyment of any right recognized and protected by Article I, Section 26 of the Tennessee Constitution (regarding the right to bear arms) or any right recognized and protected by the second amendment to the United States Constitution. This bill further provides that a violation of its provisions may be enforced by means of a civil action, which may be brought in the county in which the action arose. A violation of this bill by a government official, employee, or agent may also be prosecuted as the Class E felony of official oppression under present law. A knowing or willful violation of this bill by a government official will constitute grounds for ouster. This bill states that it will not be considered a violation for a governmental entity, official, employee, or agent to enforce laws or regulations within the scope of such entity or individual's authority unless the law or regulation has been determined by a court to violate either the Tennessee or United States Constitutions. A governmental entity, official, employee, or agent that violates this bill will be liable for: (1) The actual damages caused by the violation or statutory damages of $250 per each day of the violation, whichever is greater; (2) Punitive damages to be determined by the trier of fact; and (3) Reasonable attorney's fees and court costs. Also, a governmental entity, official, employee, or agent that commits an act or engages in any pattern or practice in violation of this bill may be enjoined from further violations by a court of competent jurisdiction. An action for injunction may be brought by: (1) A person whose rights have been violated; (2) An entity that engages in advocacy for the protection and furtherance of said rights; or (3) Any other person or entity that will fairly and adequately represent the interests of those whose rights are protected by the state or federal constitutions as set forth in this bill. This bill specifies that it does not preclude any person or entity from seeking any remedies, penalties, or procedures otherwise provided by law.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 10, 2021

Subjects
40311785

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