Amends TCA Title 10, Chapter 7; Title 37; Title 38; Title 39; Title 40 and Title 55.
Under present law, it is generally a Class A misdemeanor for a person to unlawfully photograph another in violation of privacy. In addition to the punishment provided for such offense, the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender.<br /> <br /> This bill adds that the trial judge may also take into an account whether the victim was a minor when considering whether to order that a person be required to register as a sexual offender.<br /> <br /> ON APRIL 5, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1285, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites the bill. This amendment prohibits photographic evidence of a fatal motor vehicle accident depicting a deceased minor victim at the scene of the accident from being open for inspection by members of the public and requires that such photographic evidence be treated as confidential. Under this amendment, the custodial parent or legal guardian of such deceased minor victim whose photograph is made confidential may waive confidentiality and allow the minor victim's photograph to be used and obtained in the same manner as other public records. <br /> <br /> This amendment states that it does not:<br /> <br /> (1) Restrict the application of Rule 16 of the Tennessee Rules of Criminal Procedure in any court or the disclosure of information required of counsel by the state or federal constitution;<br /> <br /> (2) Limit or deny access to otherwise public information because a file, document, or data file contains a photograph made confidential by this amendment; provided, that the photograph must be removed before any access is granted to a member of the public; or<br /> <br /> (3) Limit access to records by law enforcement agencies, courts, or other governmental agencies engaged in investigating or prosecuting a criminal offense.<br />
Under present law, it is generally a Class A misdemeanor for a person to unlawfully photograph another in violation of privacy. In addition to the punishment provided for such offense, the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender.<br /> <br /> This bill adds that the trial judge may also take into an account whether the victim was a minor when considering whether to order that a person be required to register as a sexual offender.<br /> <br /> ON APRIL 5, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1285, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites the bill. This amendment prohibits photographic evidence of a fatal motor vehicle accident depicting a deceased minor victim at the scene of the accident from being open for inspection by members of the public and requires that such photographic evidence be treated as confidential. Under this amendment, the custodial parent or legal guardian of such deceased minor victim whose photograph is made confidential may waive confidentiality and allow the minor victim's photograph to be used and obtained in the same manner as other public records. <br /> <br /> This amendment states that it does not:<br /> <br /> (1) Restrict the application of Rule 16 of the Tennessee Rules of Criminal Procedure in any court or the disclosure of information required of counsel by the state or federal constitution;<br /> <br /> (2) Limit or deny access to otherwise public information because a file, document, or data file contains a photograph made confidential by this amendment; provided, that the photograph must be removed before any access is granted to a member of the public; or<br /> <br /> (3) Limit access to records by law enforcement agencies, courts, or other governmental agencies engaged in investigating or prosecuting a criminal offense.<br />
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