SB0889113th GA (Historical)Introduced

Amends TCA Title 8, Chapter 21; Title 16, Chapter 20; Title 37, Chapter 11; Title 37, Chapter 5; Title 37, Chapter 1; Title 40, Chapter 24; Title 40, Chapter 14; Title 49, Chapter 6; Title 55, Chapter 10; Title 57, Chapter 5; Title 62, Chapter 38 and Title 67, Chapter 4.

As described below, this bill exempts certain people from various fines, fees, taxes, costs, or financial charges associated with court proceedings. For purposes of court proceedings, including juvenile proceedings, this bill defines: (1) "Relevant matter" as a matter involving: (A) Adjudication of a youth as delinquent or unruly under juvenile court jurisdiction; (B) Criminal prosecution of any defendant who is a youth; or (C) A non-traffic violation of a municipal code by a youth; and (2) "Youth" as an individual who is: (A) Under the jurisdiction of juvenile or general sessions court for delinquency or unruly matters; or (B) Under 18 years of age, and under the jurisdiction of another court. CLERKS OF COURT SCHEDULE OF FEES Present law requires court clerks to charge a standard court cost of $150 at the institution of a case in certain types of civil actions, including, but not limited to, appeals to the circuit or chancery court from juvenile court, general sessions court, probate courts, municipal courts or an administrative hearing; writs of certiorari from lower courts; or administrative hearings. This bill removes appeals from juvenile court from the actions to which the fee applies. Present law requires the clerk to charge a standard court cost of $75.00 in actions for child support enforcement and modification, including interstate support cases and civil contempt cases, and requests for modification of a parenting plan. This bill makes the $75.00 court cost inapplicable to: (1) Child support modifications in juvenile delinquency matters; or (2) Child support as paid by parents, legal guardians, or legal custodians to a secure or nonsecure detention facility for costs and services related to the commitment of a child for a delinquency matter to department of children's services custody. Present law requires: (1) Court clerks to charge a standard court cost of $100 in all juvenile proceedings not otherwise designated, including, but not limited to, requests to establish support or nonsupport, proceedings related to parentage, paternity cases, and legitimations; (2) For requests for modification of child support, the clerk to charge a fee of $75.00; (3) The clerk of the juvenile court to charge a fee of $42.00 in juvenile traffic cases, consent orders, diversion and nonjudicial disposition of juvenile cases, voluntary motions to grant custody, marriage waivers, attachment pro corpus, and bench warrants; (4) The clerk of the juvenile court to charge a fee of $25.00 in the following actions: restricted licenses, drug screenings, entering orders of appeal and taking appeal bonds, entering judgments from appellate court, entering orders allowing rehearing, and special pleas; and (5) The clerk of the juvenile court to charge a fee of $62.00 in delinquency and unruly cases, and felony and misdemeanor cases in juvenile court. This bill alters the above provision as follows: (1) Adds an exception to the fee described in (1) for proceeding involving relevant matters as defined above; (2) Makes the fee described in (2) inapplicable to child support modifications in juvenile delinquency matters or to child support for costs and services related to the commitment of a child for a delinquency matter to department of children's services custody; (3) Rewrites (3) to no longer require the fee in juvenile traffic cases or in actions for diversion and nonjudicial disposition of juvenile cases; (4) Specifies that (3) and (4) do not apply to youths, as defined in this bill, or parents, legal guardians, or legal custodians of youths in relevant matters, as defined in this bill; and (5) Deletes (5). This bill makes the following fees inapplicable to youths, as defined in this bill, or parents, legal guardians, or legal custodians of youths in relevant matters, as defined in this bill, in any court of this state: (1) Fees in criminal cases in courts of record; (2) Fees for proceedings in juvenile court; (3) Fees in criminal actions in general sessions court; (4) Standard post-judgment fee; (5) Fees for issuing a subpoena, for a requested continuance, for making copies as requested; for making certification and seal, for providing a copy of an abstract, or for providing driver license certification; and (6) Fees for electronic filing and retrieval of court documents. Under present law, by a 2/3 vote of the Williamson County legislative body, the clerks of all special juvenile courts and all courts of general sessions having juvenile court jurisdiction may collect $75.00 from any person who: enters a plea of guilty; enters a plea of nolo contendere; is adjudicated at trial, or whose case is handled under pretrial diversion or retirement; or is found in violation of the terms and conditions of a probationary or valid court order. This bill deletes this provision. FEES USED TO SUPPORT VICTIM-OFFENDER MEDIATION CENTERS Under present law provisions regarding The Victim-Offender Mediation Center, by a 2/3 vote of the legislative body, certain counties and municipalities are authorized to levy additional litigation taxes in certain matters and actions before the local general sessions courts and juvenile courts in order to generate revenue to establish and fund victim-offender mediation center. This bill provides that the litigation taxes described in this provision are no longer authorized to be levied in juvenile courts, and do not apply to youths, or parents, legal guardians, or legal custodians of youths in relevant matters, as defined in this bill, in any court of this state. FEES AND COSTS ASSOCIATED WITH INDIGENT JUVENILE'S RIGHT TO COUNSEL OR GUARDIAN AD LITEM Under present law provisions regarding juvenile courts and proceedings, a person is indigent if: (1) That person does not possess sufficient means to pay reasonable compensation for the services of a competent attorney or guardian ad litem. In determining indigency, present law requires the court to consider the financial resources of the child and the child's parents, legal custodians or guardians; or (2) In the case of a child, if the child, the child's parents, legal custodians or guardians are financially able to defray a portion or all of the cost of the child’s representation but refuse to do so timely, then present law authorizes the court to make written findings determining this as indigency, but require the court to order the parents, guardians, or custodians to pay any sum that the court determines such persons are able to pay. This bill changes the above provision as follows: (1) Creates a rebuttable presumption that youths, as defined in this bill, are indigent for the purposes of appointing counsel; (2) Adds that if the court appoints counsel to represent the youth, then the appointment must be made at no cost to the youth or the youth's parent, legal guardian, or legal custodian, or any adult defendant or respondent of the youth who is provided with court-appointed counsel; and (3) Removes from (2) the requirement that the court must assess the administrative fee and costs against parents, guardians, or custodians who are able to pay. Present law provides that parents, legal custodians, or guardians, or any adult defendants or respondents whose child is provided with court-appointed counsel pursuant to general provisions for juvenile courts and proceedings, or who themselves are provided with court-appointed counsel, may be assessed by the court at the time of appointment a nonrefundable administrative fee in the amount of $50.00. The parents, legal custodians, or guardians of a child who is appointed a guardian ad litem may also be assessed by the court an administrative fee. This bill deletes this provision. LIABILITY FOR EXPENSES OF RETURNING JUVENILE TO CUSTODY OF DEPARTMENT OF CHILDREN'S SERVICES. Present law requires the parent or other person who is the physical custodian of a juvenile to reimburse the state for any expenses incurred by the state in returning the juvenile to the department if: (1) The juvenile is in the legal custody of the department of children's services; (2) The juvenile has been temporarily released for a definite period of time to the physical custody of such parent or custodian; and (3) The juvenile has not returned to the physical custody of the department at the time designated for such return in the temporary release. This bill clarifies that the above provision does not apply to juveniles committed for a delinquency matter to department of children's services custody, except as required pursuant to federal law. COST AND EXPENSE FOR CARE OF CHILD Under present law, if, after due notice to the parents, legal custodians or guardians, and after affording them an opportunity to be heard, the court finds that they are financially able to pay all or part of certain costs and expenses (such as medical treatment, appointed counsel, a guardian ad litem, pre-adjudicatory placement, and witness expenses), then the court may order them to pay the same and prescribe the manner of payment. Unless otherwise ordered, present law requires the payment to be made to the clerk of the juvenile court for remittance to the person to whom compensation is due or, if the costs and expenses have been paid by the county or the state, then to the appropriate officer of the county or state. This bill deletes this provision. Present law provides that in proceedings where the child is determined to be indigent and the court appoints counsel or a guardian ad litem to represent the child, but finds the child's parents, legal custodians, or guardians are financially able to defray a portion or all of the cost of the child's representation, then the court is required to enter an order directing the child's parents, legal custodians, or guardians to pay into the registry of the clerk of the court any sum that the court determines the child's parents, legal custodians, or guardians are able to pay. This bill deletes this provision. PARENTS' LIABILITY FOR SUPPORT In any case in which the court finds a child dependent and neglected, unruly or delinquent, the court is authorized to, in the same or subsequent proceeding, upon the parents of such child or either of them being duly summoned or voluntarily appearing, proceed to inquire into the ability of such parent to support the child or contribute to the child's support, and if the court finds the parent or parents able to support the child or contribute thereto, the court may enter an order or decree as according to equity in the premises, and may enforce the same by executing or in any way in which a court of equity may enforce its orders and decrees, including by imprisonment and fine for contempt. This bill removes "unruly or delinquent," from the above provision. This bill provides that provisions of law regarding parents' liability for support do not apply to child support modifications in juvenile delinquency matters or to child support for costs and services related to the commitment of a child for a delinquency matter to department of children's services custody, except as required pursuant to federal law. FINANCIAL OBLIGATIONS IN A DELINQUENT OR UNRULY CASE Present law prohibits financial obligations from being assessed against a child in a delinquent or unruly case, including in any order of disposition under provisions for a delinquent or unruly child, though this does not affect the assessment of restitution pursuant to provisions for a delinquent child. However, present law authorizes the court to order parents, legal custodians, or guardians to pay financial obligations in accordance with the general provisions for juvenile courts and proceedings; and restitution to any victim must be prioritized over all financial obligations. This bill prohibits the assessment of financial obligations against the parent, legal custodian, or legal guardian of the child. FEES FOR TRANSFER AND COMMITMENT OF CHILDREN Present law requires that fees allowed by law for carrying prisoners to the penitentiary must be allowed to the sheriffs for taking children found to have committed offenses punishable in the penitentiary to youth centers. Present law provides that the state is only responsible for the transfer of such children as have been found to have committed offenses punishable by imprisonment in the penitentiary. Present law requires the expense of transporting delinquent children not found to have committed offenses punishable in the penitentiary to be paid by the counties from which committed. Present law further provides that when a female child is to be transported to a youth center, the sheriff must deputize a suitable woman of good moral character to convey the child. If the the sheriff cannot find such a woman in the county, then present law requires the department to provide a proper and suitable escort for the child, and this escort must be paid from the allowance provided for the sheriff. Present law also requires the expense of the woman so deputized to be paid from the allowance for the sheriff. This bill specifies that a child or the parent, legal guardian, or legal custodian of the child is not financially liable for any of the fees, costs, or expenses described in the above provision. YOUTHFUL OFFENDER SYSTEM FUND This bill deletes a provision of present law that: (1) Creates in the state treasury a youthful offender system fund; and (2) Requires each juvenile who is convicted as an adult of a violent crime to pay any fine imposed by the court to the clerk of the court, who must allocate 95 percent of the fine to be transferred to the state treasurer who must credit the same to the youthful offender system fund. FEES RELATED TO APPOINTMENT OF COUNSEL This bill creates a rebuttable presumption that youths, as defined in this bill, are indigent for the purposes of appointing counsel in a felony case and, if the court appoints counsel to represent the youth, the appointment must be made at no cost to the youth. FINES AND FEES RELATED TO SCHOOL ATTENDANCE Under present education law provisions regarding attendance, if an LEA has applied a progressive truancy plan and interventions under the plan have failed to meaningfully address the student's school attendance, then the director of schools, after written notice to the parent, guardian, or other person having control of the student, is required to report the student who is unlawfully absent from school to the appropriate judge having juvenile jurisdiction in that county. Present law requires each case to be dealt with in such manner as the judge may determine to be in the best interest of the student, consistent with general provisions for juvenile courts and proceedings. In the event a student in kindergarten through grade 12 (K-12) is adjudicated to be unruly because the student has accumulated five days or more of unexcused absences during any school year, the judge may assess a fine of up to $50.00 or five hours of community service, in the discretion of the judge, against the parent or legal guardian of the student. This bill removes the judge's authority to assess a fine of up to $50.00; and prohibits the judge from assessing a fine against the parent, legal guardian, or legal custodian of the student in the event a student in K-12 is adjudicated to be unruly as a result of accumulating five days or more of unexcused absences during any school year. This bill deletes a provision of present law that requires all moneys collected as fines for violations of provisions of education law regarding attendance to be placed in the public school fund of the local school system in which the child resides. Similar to the truancy fine described above, this bill removes authorization for a judge to fine a parent, guardian, or custodian for their student's absence from remedial instruction outside the regular school day. JUVENILE OFFENDER ACT Under present law, if a court withdraws an order issued pursuant to the Juvenile Offender Act regarding denial of driving privileges, then the offender may obtain a certified copy of the order of withdrawal and within 10 days after it is issued present it, along with an application fee of $20.00, to the department of safety, and the offender will become eligible to receive a Tennessee driver license upon reaching proper age, complying with all testing requirements and paying all other driver license fees. This bill removes the $20.00 application fee. Present law prohibits a restricted license from being issued under provisions of the Juvenile Offender Act unless the court finds by clear and convincing evidence that an economic, educational or health-related hardship will result without the restricted license. Present law prohibits a restricted license from being granted for travel to and from an educational institution if reasonable parental transportation is available or free transportation is provided by the educational institution, school district or local governmental agency. Present law prohibits this restricted license from being granted for travel to and from social events or extracurricular school activities. Present law authorizes this restricted license to be granted for travel to and from and working at the person's regular place of employment if reasonable public transportation is not available and the person's earnings are essential to the well-being of the family unit. Present law requires an order allowing a restricted license to state with all practicable specificity the necessary time and places of permissible operation of a motor vehicle and to be made a part of the judgment of the court. The offender may obtain a certified copy of the order and within 10 days after it is issued present it, together with an application fee of $20.00, to the department of safety which must forthwith issue a restricted license embodying the limitations imposed, as long as the person first reaches proper age and complies with all testing requirements. This bill removes the $20.00 application fee. Present law provides that on the expiration of the applicable period of denial set out in the Juvenile Offender Act, if a person has not become eligible to receive a license, then, for a person to be eligible to receive a Tennessee driver license, the person must pay a $20.00 reinstatement fee, comply with all testing requirements and pay all other driver license fees. This bill removes the $20.00 application fee. FINES RELEATED TO MINOR'S POSSESSION OF ALCOHOLIC BEVERAGES Under present law, a person under 18 years of age who knowingly makes a false statement or exhibits false identification for the purpose of purchasing or obtaining alcoholic beverages must be punished by a fine of at least $50.00 but not more than $250 and at least 20 hours of community service work, which fine or penalty is prohibited from being suspended or waived. The fine imposed by this provision applies regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained. This bill removes the fine. FINES RELATED TO MINORS AND TATOO SERVICES Under present law, any person under 18 years of age who knowingly makes a false statement or exhibits false identification to the effect that the person is 18 years of age or older to any person providing tattoo services licensed or permitted under general provisions for tattoos and body piercing, for the purpose of purchasing or obtaining the same commits delinquent acts taken through juvenile courts and the person is required to be punished by a fine of at least $50.00 but not more than $250 and at least 20 hours of community service work, which fine or penalty cannot be suspended or waived. This bill removes the fine. LITIGATION TAXES This bill specifies that state and local litigation taxes do not apply to youths, or to parents, legal guardians, or legal custodians of youths in relevant matters, as defined in this bill. This bill specifies that a county or municipality in

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Overview

As described below, this bill exempts certain people from various fines, fees, taxes, costs, or financial charges associated with court proceedings. For purposes of court proceedings, including juvenile proceedings, this bill defines: (1) "Relevant matter" as a matter involving: (A) Adjudication of a youth as delinquent or unruly under juvenile court jurisdiction; (B) Criminal prosecution of any defendant who is a youth; or (C) A non-traffic violation of a municipal code by a youth; and (2) "Youth" as an individual who is: (A) Under the jurisdiction of juvenile or general sessions court for delinquency or unruly matters; or (B) Under 18 years of age, and under the jurisdiction of another court. CLERKS OF COURT SCHEDULE OF FEES Present law requires court clerks to charge a standard court cost of $150 at the institution of a case in certain types of civil actions, including, but not limited to, appeals to the circuit or chancery court from juvenile court, general sessions court, probate courts, municipal courts or an administrative hearing; writs of certiorari from lower courts; or administrative hearings. This bill removes appeals from juvenile court from the actions to which the fee applies. Present law requires the clerk to charge a standard court cost of $75.00 in actions for child support enforcement and modification, including interstate support cases and civil contempt cases, and requests for modification of a parenting plan. This bill makes the $75.00 court cost inapplicable to: (1) Child support modifications in juvenile delinquency matters; or (2) Child support as paid by parents, legal guardians, or legal custodians to a secure or nonsecure detention facility for costs and services related to the commitment of a child for a delinquency matter to department of children's services custody. Present law requires: (1) Court clerks to charge a standard court cost of $100 in all juvenile proceedings not otherwise designated, including, but not limited to, requests to establish support or nonsupport, proceedings related to parentage, paternity cases, and legitimations; (2) For requests for modification of child support, the clerk to charge a fee of $75.00; (3) The clerk of the juvenile court to charge a fee of $42.00 in juvenile traffic cases, consent orders, diversion and nonjudicial disposition of juvenile cases, voluntary motions to grant custody, marriage waivers, attachment pro corpus, and bench warrants; (4) The clerk of the juvenile court to charge a fee of $25.00 in the following actions: restricted licenses, drug screenings, entering orders of appeal and taking appeal bonds, entering judgments from appellate court, entering orders allowing rehearing, and special pleas; and (5) The clerk of the juvenile court to charge a fee of $62.00 in delinquency and unruly cases, and felony and misdemeanor cases in juvenile court. This bill alters the above provision as follows: (1) Adds an exception to the fee described in (1) for proceeding involving relevant matters as defined above; (2) Makes the fee described in (2) inapplicable to child support modifications in juvenile delinquency matters or to child support for costs and services related to the commitment of a child for a delinquency matter to department of children's services custody; (3) Rewrites (3) to no longer require the fee in juvenile traffic cases or in actions for diversion and nonjudicial disposition of juvenile cases; (4) Specifies that (3) and (4) do not apply to youths, as defined in this bill, or parents, legal guardians, or legal custodians of youths in relevant matters, as defined in this bill; and (5) Deletes (5). This bill makes the following fees inapplicable to youths, as defined in this bill, or parents, legal guardians, or legal custodians of youths in relevant matters, as defined in this bill, in any court of this state: (1) Fees in criminal cases in courts of record; (2) Fees for proceedings in juvenile court; (3) Fees in criminal actions in general sessions court; (4) Standard post-judgment fee; (5) Fees for issuing a subpoena, for a requested continuance, for making copies as requested; for making certification and seal, for providing a copy of an abstract, or for providing driver license certification; and (6) Fees for electronic filing and retrieval of court documents. Under present law, by a 2/3 vote of the Williamson County legislative body, the clerks of all special juvenile courts and all courts of general sessions having juvenile court jurisdiction may collect $75.00 from any person who: enters a plea of guilty; enters a plea of nolo contendere; is adjudicated at trial, or whose case is handled under pretrial diversion or retirement; or is found in violation of the terms and conditions of a probationary or valid court order. This bill deletes this provision. FEES USED TO SUPPORT VICTIM-OFFENDER MEDIATION CENTERS Under present law provisions regarding The Victim-Offender Mediation Center, by a 2/3 vote of the legislative body, certain counties and municipalities are authorized to levy additional litigation taxes in certain matters and actions before the local general sessions courts and juvenile courts in order to generate revenue to establish and fund victim-offender mediation center. This bill provides that the litigation taxes described in this provision are no longer authorized to be levied in juvenile courts, and do not apply to youths, or parents, legal guardians, or legal custodians of youths in relevant matters, as defined in this bill, in any court of this state. FEES AND COSTS ASSOCIATED WITH INDIGENT JUVENILE'S RIGHT TO COUNSEL OR GUARDIAN AD LITEM Under present law provisions regarding juvenile courts and proceedings, a person is indigent if: (1) That person does not possess sufficient means to pay reasonable compensation for the services of a competent attorney or guardian ad litem. In determining indigency, present law requires the court to consider the financial resources of the child and the child's parents, legal custodians or guardians; or (2) In the case of a child, if the child, the child's parents, legal custodians or guardians are financially able to defray a portion or all of the cost of the child’s representation but refuse to do so timely, then present law authorizes the court to make written findings determining this as indigency, but require the court to order the parents, guardians, or custodians to pay any sum that the court determines such persons are able to pay. This bill changes the above provision as follows: (1) Creates a rebuttable presumption that youths, as defined in this bill, are indigent for the purposes of appointing counsel; (2) Adds that if the court appoints counsel to represent the youth, then the appointment must be made at no cost to the youth or the youth's parent, legal guardian, or legal custodian, or any adult defendant or respondent of the youth who is provided with court-appointed counsel; and (3) Removes from (2) the requirement that the court must assess the administrative fee and costs against parents, guardians, or custodians who are able to pay. Present law provides that parents, legal custodians, or guardians, or any adult defendants or respondents whose child is provided with court-appointed counsel pursuant to general provisions for juvenile courts and proceedings, or who themselves are provided with court-appointed counsel, may be assessed by the court at the time of appointment a nonrefundable administrative fee in the amount of $50.00. The parents, legal custodians, or guardians of a child who is appointed a guardian ad litem may also be assessed by the court an administrative fee. This bill deletes this provision. LIABILITY FOR EXPENSES OF RETURNING JUVENILE TO CUSTODY OF DEPARTMENT OF CHILDREN'S SERVICES. Present law requires the parent or other person who is the physical custodian of a juvenile to reimburse the state for any expenses incurred by the state in returning the juvenile to the department if: (1) The juvenile is in the legal custody of the department of children's services; (2) The juvenile has been temporarily released for a definite period of time to the physical custody of such parent or custodian; and (3) The juvenile has not returned to the physical custody of the department at the time designated for such return in the temporary release. This bill clarifies that the above provision does not apply to juveniles committed for a delinquency matter to department of children's services custody, except as required pursuant to federal law. COST AND EXPENSE FOR CARE OF CHILD Under present law, if, after due notice to the parents, legal custodians or guardians, and after affording them an opportunity to be heard, the court finds that they are financially able to pay all or part of certain costs and expenses (such as medical treatment, appointed counsel, a guardian ad litem, pre-adjudicatory placement, and witness expenses), then the court may order them to pay the same and prescribe the manner of payment. Unless otherwise ordered, present law requires the payment to be made to the clerk of the juvenile court for remittance to the person to whom compensation is due or, if the costs and expenses have been paid by the county or the state, then to the appropriate officer of the county or state. This bill deletes this provision. Present law provides that in proceedings where the child is determined to be indigent and the court appoints counsel or a guardian ad litem to represent the child, but finds the child's parents, legal custodians, or guardians are financially able to defray a portion or all of the cost of the child's representation, then the court is required to enter an order directing the child's parents, legal custodians, or guardians to pay into the registry of the clerk of the court any sum that the court determines the child's parents, legal custodians, or guardians are able to pay. This bill deletes this provision. PARENTS' LIABILITY FOR SUPPORT In any case in which the court finds a child dependent and neglected, unruly or delinquent, the court is authorized to, in the same or subsequent proceeding, upon the parents of such child or either of them being duly summoned or voluntarily appearing, proceed to inquire into the ability of such parent to support the child or contribute to the child's support, and if the court finds the parent or parents able to support the child or contribute thereto, the court may enter an order or decree as according to equity in the premises, and may enforce the same by executing or in any way in which a court of equity may enforce its orders and decrees, including by imprisonment and fine for contempt. This bill removes "unruly or delinquent," from the above provision. This bill provides that provisions of law regarding parents' liability for support do not apply to child support modifications in juvenile delinquency matters or to child support for costs and services related to the commitment of a child for a delinquency matter to department of children's services custody, except as required pursuant to federal law. FINANCIAL OBLIGATIONS IN A DELINQUENT OR UNRULY CASE Present law prohibits financial obligations from being assessed against a child in a delinquent or unruly case, including in any order of disposition under provisions for a delinquent or unruly child, though this does not affect the assessment of restitution pursuant to provisions for a delinquent child. However, present law authorizes the court to order parents, legal custodians, or guardians to pay financial obligations in accordance with the general provisions for juvenile courts and proceedings; and restitution to any victim must be prioritized over all financial obligations. This bill prohibits the assessment of financial obligations against the parent, legal custodian, or legal guardian of the child. FEES FOR TRANSFER AND COMMITMENT OF CHILDREN Present law requires that fees allowed by law for carrying prisoners to the penitentiary must be allowed to the sheriffs for taking children found to have committed offenses punishable in the penitentiary to youth centers. Present law provides that the state is only responsible for the transfer of such children as have been found to have committed offenses punishable by imprisonment in the penitentiary. Present law requires the expense of transporting delinquent children not found to have committed offenses punishable in the penitentiary to be paid by the counties from which committed. Present law further provides that when a female child is to be transported to a youth center, the sheriff must deputize a suitable woman of good moral character to convey the child. If the the sheriff cannot find such a woman in the county, then present law requires the department to provide a proper and suitable escort for the child, and this escort must be paid from the allowance provided for the sheriff. Present law also requires the expense of the woman so deputized to be paid from the allowance for the sheriff. This bill specifies that a child or the parent, legal guardian, or legal custodian of the child is not financially liable for any of the fees, costs, or expenses described in the above provision. YOUTHFUL OFFENDER SYSTEM FUND This bill deletes a provision of present law that: (1) Creates in the state treasury a youthful offender system fund; and (2) Requires each juvenile who is convicted as an adult of a violent crime to pay any fine imposed by the court to the clerk of the court, who must allocate 95 percent of the fine to be transferred to the state treasurer who must credit the same to the youthful offender system fund. FEES RELATED TO APPOINTMENT OF COUNSEL This bill creates a rebuttable presumption that youths, as defined in this bill, are indigent for the purposes of appointing counsel in a felony case and, if the court appoints counsel to represent the youth, the appointment must be made at no cost to the youth. FINES AND FEES RELATED TO SCHOOL ATTENDANCE Under present education law provisions regarding attendance, if an LEA has applied a progressive truancy plan and interventions under the plan have failed to meaningfully address the student's school attendance, then the director of schools, after written notice to the parent, guardian, or other person having control of the student, is required to report the student who is unlawfully absent from school to the appropriate judge having juvenile jurisdiction in that county. Present law requires each case to be dealt with in such manner as the judge may determine to be in the best interest of the student, consistent with general provisions for juvenile courts and proceedings. In the event a student in kindergarten through grade 12 (K-12) is adjudicated to be unruly because the student has accumulated five days or more of unexcused absences during any school year, the judge may assess a fine of up to $50.00 or five hours of community service, in the discretion of the judge, against the parent or legal guardian of the student. This bill removes the judge's authority to assess a fine of up to $50.00; and prohibits the judge from assessing a fine against the parent, legal guardian, or legal custodian of the student in the event a student in K-12 is adjudicated to be unruly as a result of accumulating five days or more of unexcused absences during any school year. This bill deletes a provision of present law that requires all moneys collected as fines for violations of provisions of education law regarding attendance to be placed in the public school fund of the local school system in which the child resides. Similar to the truancy fine described above, this bill removes authorization for a judge to fine a parent, guardian, or custodian for their student's absence from remedial instruction outside the regular school day. JUVENILE OFFENDER ACT Under present law, if a court withdraws an order issued pursuant to the Juvenile Offender Act regarding denial of driving privileges, then the offender may obtain a certified copy of the order of withdrawal and within 10 days after it is issued present it, along with an application fee of $20.00, to the department of safety, and the offender will become eligible to receive a Tennessee driver license upon reaching proper age, complying with all testing requirements and paying all other driver license fees. This bill removes the $20.00 application fee. Present law prohibits a restricted license from being issued under provisions of the Juvenile Offender Act unless the court finds by clear and convincing evidence that an economic, educational or health-related hardship will result without the restricted license. Present law prohibits a restricted license from being granted for travel to and from an educational institution if reasonable parental transportation is available or free transportation is provided by the educational institution, school district or local governmental agency. Present law prohibits this restricted license from being granted for travel to and from social events or extracurricular school activities. Present law authorizes this restricted license to be granted for travel to and from and working at the person's regular place of employment if reasonable public transportation is not available and the person's earnings are essential to the well-being of the family unit. Present law requires an order allowing a restricted license to state with all practicable specificity the necessary time and places of permissible operation of a motor vehicle and to be made a part of the judgment of the court. The offender may obtain a certified copy of the order and within 10 days after it is issued present it, together with an application fee of $20.00, to the department of safety which must forthwith issue a restricted license embodying the limitations imposed, as long as the person first reaches proper age and complies with all testing requirements. This bill removes the $20.00 application fee. Present law provides that on the expiration of the applicable period of denial set out in the Juvenile Offender Act, if a person has not become eligible to receive a license, then, for a person to be eligible to receive a Tennessee driver license, the person must pay a $20.00 reinstatement fee, comply with all testing requirements and pay all other driver license fees. This bill removes the $20.00 application fee. FINES RELEATED TO MINOR'S POSSESSION OF ALCOHOLIC BEVERAGES Under present law, a person under 18 years of age who knowingly makes a false statement or exhibits false identification for the purpose of purchasing or obtaining alcoholic beverages must be punished by a fine of at least $50.00 but not more than $250 and at least 20 hours of community service work, which fine or penalty is prohibited from being suspended or waived. The fine imposed by this provision applies regardless of whether the violator cooperates with law enforcement officers by telling them the place the alcohol was purchased or obtained or from whom it was purchased or obtained. This bill removes the fine. FINES RELATED TO MINORS AND TATOO SERVICES Under present law, any person under 18 years of age who knowingly makes a false statement or exhibits false identification to the effect that the person is 18 years of age or older to any person providing tattoo services licensed or permitted under general provisions for tattoos and body piercing, for the purpose of purchasing or obtaining the same commits delinquent acts taken through juvenile courts and the person is required to be punished by a fine of at least $50.00 but not more than $250 and at least 20 hours of community service work, which fine or penalty cannot be suspended or waived. This bill removes the fine. LITIGATION TAXES This bill specifies that state and local litigation taxes do not apply to youths, or to parents, legal guardians, or legal custodians of youths in relevant matters, as defined in this bill. This bill specifies that a county or municipality in

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2023

Subjects
2605177511500840

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