Amends TCA Title 29; Title 36; Title 37; Title 39 and Title 68.
ON APRIL 11, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2782, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, provide that an adult who recruits, harbors, or transports an unemancipated minor within this state for the purpose of receiving a prohibited medical procedure that is for the purpose of enabling the minor to identify with, or live as, a purported identity inconsistent with the minor's sex or treating purported discomfort or distress from a discordance between the minor's sex and asserted identity, regardless of where the medical procedure is to be procured commits a Class C felony. This amendment does not apply to: (i) a parent or legal guardian of an unemancipated minor; (ii) an adult who has permission from the unemancipated minor's parent or legal guardian; or (iii) the provision of a medical diagnosis described in the law relevant to medical procedures for minors. Additionally, it is not a defense to prosecution under this amendment that the unemancipated minor consented to the actions. This amendment authorizes a person who violates this amendment to be held liable in a civil action for such violation. The civil action may be brought by a parent or legal guardian of the unemancipated minor. In a civil action brought pursuant to a violation of this amendment, the plaintiff may recover from the person: (i) compensatory damages; (ii) punitive damages; and (iii) reasonable attorney's fees, court costs, and expenses. ON APRIL 24, 2024, THE HOUSE SUBSTITUTED SENATE BILL 2782 FOR HOUSE BILL 2310, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 2782, AS AMENDED. AMENDMENT #2 rewrites the bill to, instead, prohibit a person from intentionally recruiting, harboring, or transporting an unemancipated minor within this state for the purpose of receiving a prohibited medical procedure that is for the purpose of enabling the minor to identify with, or live as, a purported identity inconsistent with the minor's sex or treating purported discomfort or distress from a discordance between the minor's sex and asserted identity, regardless of where the medical procedure is to be procured. However, this amendment does not apply to (i) a parent or legal guardian of an unemancipated minor who is authorized to make healthcare decisions for the unemancipated minor; (ii) an adult who has permission from the unemancipated minor's parent or legal; or (iii) a common carrier transporting passengers for hire in the course and scope of their business. This amendment authorizes a person who violates this amendment to be held liable in a civil action for a violation under this amendment. The civil action may be brought by a parent or legal guardian of the unemancipated minor. It is not a defense to civil liability that the unemancipated minor consented to the actions in this amendment. ON APRIL 25, 2024, THE SENATE NON-CONCURRED IN HOUSE AMENDMENT #2. ON APRIL 25, 2024, THE HOUSE REFUSED TO RECEDE FROM ITS ADOPTION OF AMENDMENT #2. ON APRIL 25, 2024, THE SENATE APPOINTED A CONFERENCE COMMITTEE. ON APRIL 25, 2024, THE HOUSE APPOINTED A CONFERENCE COMMITTEE. ON APRIL 25, 2024, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT. ON APRIL 25, 2024, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT.
ON APRIL 11, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2782, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, provide that an adult who recruits, harbors, or transports an unemancipated minor within this state for the purpose of receiving a prohibited medical procedure that is for the purpose of enabling the minor to identify with, or live as, a purported identity inconsistent with the minor's sex or treating purported discomfort or distress from a discordance between the minor's sex and asserted identity, regardless of where the medical procedure is to be procured commits a Class C felony. This amendment does not apply to: (i) a parent or legal guardian of an unemancipated minor; (ii) an adult who has permission from the unemancipated minor's parent or legal guardian; or (iii) the provision of a medical diagnosis described in the law relevant to medical procedures for minors. Additionally, it is not a defense to prosecution under this amendment that the unemancipated minor consented to the actions. This amendment authorizes a person who violates this amendment to be held liable in a civil action for such violation. The civil action may be brought by a parent or legal guardian of the unemancipated minor. In a civil action brought pursuant to a violation of this amendment, the plaintiff may recover from the person: (i) compensatory damages; (ii) punitive damages; and (iii) reasonable attorney's fees, court costs, and expenses. ON APRIL 24, 2024, THE HOUSE SUBSTITUTED SENATE BILL 2782 FOR HOUSE BILL 2310, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 2782, AS AMENDED. AMENDMENT #2 rewrites the bill to, instead, prohibit a person from intentionally recruiting, harboring, or transporting an unemancipated minor within this state for the purpose of receiving a prohibited medical procedure that is for the purpose of enabling the minor to identify with, or live as, a purported identity inconsistent with the minor's sex or treating purported discomfort or distress from a discordance between the minor's sex and asserted identity, regardless of where the medical procedure is to be procured. However, this amendment does not apply to (i) a parent or legal guardian of an unemancipated minor who is authorized to make healthcare decisions for the unemancipated minor; (ii) an adult who has permission from the unemancipated minor's parent or legal; or (iii) a common carrier transporting passengers for hire in the course and scope of their business. This amendment authorizes a person who violates this amendment to be held liable in a civil action for a violation under this amendment. The civil action may be brought by a parent or legal guardian of the unemancipated minor. It is not a defense to civil liability that the unemancipated minor consented to the actions in this amendment. ON APRIL 25, 2024, THE SENATE NON-CONCURRED IN HOUSE AMENDMENT #2. ON APRIL 25, 2024, THE HOUSE REFUSED TO RECEDE FROM ITS ADOPTION OF AMENDMENT #2. ON APRIL 25, 2024, THE SENATE APPOINTED A CONFERENCE COMMITTEE. ON APRIL 25, 2024, THE HOUSE APPOINTED A CONFERENCE COMMITTEE. ON APRIL 25, 2024, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT. ON APRIL 25, 2024, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT.
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