HB1732112th GA (Historical)Introduced

Amends TCA Title 8, Chapter 10; Title 8, Chapter 47 and Title 16.

This bill requires that an elected constable who is under indictment for or who has been formally charged with a crime be immediately placed on administrative leave by order of a criminal court judge. This bill provides that the judge: (1) Must hold a constable in criminal contempt who does not comply with an order issued under this bill before the order is lifted, terminated, or overturned; and (2) May suspend a constable for unethical conduct or conduct unbecoming of a constable. Present law provides procedures that must be followed in order to remove certain public officials from office. This bill provides that upon conviction of a crime, a constable may be removed from office by order of a criminal court judge or by ouster in accordance with those present law provisions. This bill specifies that a criminal court judge may only take action under this bill after providing a constable with notice and a hearing. A constable will be entitled to legal representation in a proceeding held under this bill and may appeal the decision of a criminal court judge made under this bill to the court of criminal appeals. ON FEBRUARY 28, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1782, AS AMENDED. AMENDMENT #1 rewrites this bill to authorize a court with jurisdiction over a criminal case in which an elected constable is indicted or formally charged with a misdemeanor involving gambling or moral turpitude or a felony to place the constable on administrative leave until the conclusion of the criminal prosecution. This amendment authorizes a court to hold in criminal contempt a constable who does not comply with court-ordered administrative leave. If a constable is placed on administrative leave under this amendment, the clerk of court is required to mail a copy of the court's order to the legislative body of the county in which the constable serves for purposes of temporarily filling the vacant seat of the constable, as necessary. If a constable is convicted of a misdemeanor involving gambling or moral turpitude or a felony, the clerk will be required to mail a certified copy of the conviction to the attorney general and reporter and the appropriate district attorney general, county attorney, and city attorney to determine whether ouster proceedings should be brought. ON FEBRUARY 28, 2022, THE HOUSE SUBSTITUTED SENATE BILL 1782 FOR HOUSE BILL 1732, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1782, AS AMENDED. AMENDMENT #1 removes the changes made by Senate Amendment #1, so the bill is as it was as introduced. ON MARCH 10, 2022, THE SENATE NONCONCURRED IN HOUSE AMENDMENT #1. ON MARCH 17, 2022, THE HOUSE REFUSED TO RECEDE FROM ITS ADOPTION OF HOUSE AMENDMENT #1. ON MARCH 28, 2022, THE SENATE REFUSED TO RECEDE IN ITS ACTION IN NONCONCURRING IN HOUSE AMENDMENT #1 AND APPOINTED A CONFERENCE COMMITTEE. ON MARCH 31, 2022, THE HOUSE APPOINTED A CONFERENCE COMMITTEE. ON APRIL 11, 2022, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE. ON APRIL 14, 2022, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.

What moved, what's on next week's agenda, new filings — every Monday, from the public record, free.

No account. Unsubscribe in one click.

Overview

This bill requires that an elected constable who is under indictment for or who has been formally charged with a crime be immediately placed on administrative leave by order of a criminal court judge. This bill provides that the judge: (1) Must hold a constable in criminal contempt who does not comply with an order issued under this bill before the order is lifted, terminated, or overturned; and (2) May suspend a constable for unethical conduct or conduct unbecoming of a constable. Present law provides procedures that must be followed in order to remove certain public officials from office. This bill provides that upon conviction of a crime, a constable may be removed from office by order of a criminal court judge or by ouster in accordance with those present law provisions. This bill specifies that a criminal court judge may only take action under this bill after providing a constable with notice and a hearing. A constable will be entitled to legal representation in a proceeding held under this bill and may appeal the decision of a criminal court judge made under this bill to the court of criminal appeals. ON FEBRUARY 28, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1782, AS AMENDED. AMENDMENT #1 rewrites this bill to authorize a court with jurisdiction over a criminal case in which an elected constable is indicted or formally charged with a misdemeanor involving gambling or moral turpitude or a felony to place the constable on administrative leave until the conclusion of the criminal prosecution. This amendment authorizes a court to hold in criminal contempt a constable who does not comply with court-ordered administrative leave. If a constable is placed on administrative leave under this amendment, the clerk of court is required to mail a copy of the court's order to the legislative body of the county in which the constable serves for purposes of temporarily filling the vacant seat of the constable, as necessary. If a constable is convicted of a misdemeanor involving gambling or moral turpitude or a felony, the clerk will be required to mail a certified copy of the conviction to the attorney general and reporter and the appropriate district attorney general, county attorney, and city attorney to determine whether ouster proceedings should be brought. ON FEBRUARY 28, 2022, THE HOUSE SUBSTITUTED SENATE BILL 1782 FOR HOUSE BILL 1732, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1782, AS AMENDED. AMENDMENT #1 removes the changes made by Senate Amendment #1, so the bill is as it was as introduced. ON MARCH 10, 2022, THE SENATE NONCONCURRED IN HOUSE AMENDMENT #1. ON MARCH 17, 2022, THE HOUSE REFUSED TO RECEDE FROM ITS ADOPTION OF HOUSE AMENDMENT #1. ON MARCH 28, 2022, THE SENATE REFUSED TO RECEDE IN ITS ACTION IN NONCONCURRING IN HOUSE AMENDMENT #1 AND APPOINTED A CONFERENCE COMMITTEE. ON MARCH 31, 2022, THE HOUSE APPOINTED A CONFERENCE COMMITTEE. ON APRIL 11, 2022, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE. ON APRIL 14, 2022, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.

Track Tennessee Legislation Like a Pro

Join hundreds of professionals using LegisGo to stay ahead of legislative changes.

Instant Alerts

Get notified when bills you track move through the legislature

AI Summaries

Understand complex legislation in seconds with AI-powered analysis

Full Access

All 132 legislators, committee schedules, and voting records

Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 12, 2022

Subjects
110013951105109508400255

Want to track this bill? Get instant alerts and AI-powered insights.