Few bills pushed by Covenant families considered in special session. Here's what's left to debate

NASHVILLE, Tenn. (WTVF) — As the Tennessee General Assembly begins an unexpected second week of its special session on public safety, Senate and House Republicans appear to remain at an impasse, although they are united in ignoring the most urgent pleas from the Covenant School families and their allies.

Republicans have killed bills to create a red-flag law to take guns out of the hands of mentally unstable individuals, to require gun owners to keep their firearms secured so that they are not easily stolen and to require background checks on the private sale of guns.

Even a relatively innocuous Republican proposal to provide liability incentives to keep guns safely stored was abruptly pulled Thursday by its House sponsor.

So far, the Senate has passed three bills that have little to do with the Covenant School shooting, and Republican leaders say they are ready to adjourn.

Those bills would allow the Department of Safety to provide free firearm locks to Tennessee residents (which it already does), speed up the requirements for courts to report convictions to the state's instant background check system and, completely unrelated, it would require the TBI to submit an annual report on child and human trafficking.

House Republicans are pushing a couple dozen bills that, they argue, offer at least some response to the tragedy.

Among those bills is legislation to slightly lower the threshold for the involuntary commitment of individuals who are a threat to themselves or others, to require insurance companies offering addiction treatment to also cover mental health services and to direct some state money to provide in-patient mental health services for the uninsured.

Other bills backed by House Republicans are more controversial.

Legislation pushed by House Speaker Cameron Sexton would require the TBI to report each year on the number of mass shootings, but it says the TBI's count should not include mass shootings that are linked to domestic disputes or gang violence. A shooter's killing of 10 family members, for example, would not be counted as a mass shooting.

House Majority Leader William Lamberth passed a bill, backed by some Covenant families, to require parent or guardian permission for the release of the written autopsy reports for minors who are victims of homicide. (Autopsy photos are already confidential.)

As drafted, autopsy reports of children killed by their parents would also be closed because the bill says parents who are suspects cannot give permission to release the autopsy reports, and the state could block release of autopsy reports for children killed in state custody.

The only recourse for another family member -- a grandparent, for example -- or a member of the public would be to file a lawsuit asking a judge to order release of the autopsy report "for good cause," although that language is not defined in the bill.

Lamberth, who opposed the most significant measures pushed by the Covenant families, invoked the name of one of the victims with his passage of a bill that simply requires schools to develop policies to determine if a fire alarm is legitimate before children rush into hallways where they could be targets of a mass shooter.

William Kinney, age 9, had been the line leader for his class and headed into danger when the shooter's gunfire set off fire alarms.

"Mrs. Kinney, I know you're watching. That bill is for William," Lamberth said as the bill passed the House on a 94-1 vote.

That is one of the bills that has stalled in the Senate.

The GOP supermajority has killed all significant pieces of legislation pushed by Democrats, including a bill to make it a felony for an adult to coerce a minor into stealing a gun.

Here are the bills that have passed the Senate:

HB 7041/SB 7088 – Requires the TBI to submit an annual report on child and human trafficking. Passed 26-0 in the Senate. With the Senate not passing bills favored by House leadership, the House delayed a vote on this bill. 

HB 7012/SB 7085 – Directs the Department of Safety to provide free firearm locks to Tennessee residents upon request (which it already does), allows the department to develop PSAs to promote of safe storage of firearms (which it already can), extends the exemption of firearm safes and firearm safety devices from sales taxes. Passed 28-1 by Senate. Awaiting action on House floor. 

HB 7013/SB 7086 – Requires court clerks to notify the TBI of the final disposition of criminal cases within three business days (instead of 30 days) – designed to increase accuracy of instant background checks for firearm purchases. Passed 28-0 by Senate. With the Senate not passing bills favored by House leadership, the House delayed a vote on this bill. 

Here are the remaining bills that have not been killed in the House:

HB 7002/SB 7001 – Requires schools to develop a plan for determining the cause of a fire alarm before students are evacuated. Passed 94-1 by the House. Senate has not considered it. 

HB 7003/SB 7058 – Allows victims of aggravated stalking to petition for a lifetime order of protection. A stalker could get his weapons back if he has been pardoned, his conviction has been expunged or his civil rights have been restored. Passed 94-0 by the House. Senate has not considered it. 

HB 7004/SB 7081 – Requires mental health facilities to notify law enforcement of the release of any person who had been held for evaluation. Passed 88-4 by the House. Senate has not considered it. 

HB 7005/SB 7004 – Clarifies that a private K-12 school is authorized to adopt a handgun carry policy for the private school's property. Awaiting action on House floor. Senate has not considered it. 

HB 7006/SB 7005 – Authorizes the Department of Mental Health & Substance Abuse Services to direct available state funds to contract with additional private service providers across the state to provide inpatient psychiatric services for uninsured individuals. Awaiting action on House floor. Senate has not considered it. 

HB 7007/SB 7090 – As amended, makes autopsy reports for minor victims of homicide confidential unless the parents agree to the release or other parties file a lawsuit asking a judge to release such reports for “good cause.” Senate has not considered it. 

HB 7008/SB 7078 – Expands “duty to report” requirements for mental health professionals who would be required to notify authorities of a patient who may be a threat for committing an act of violence against an unspecified group of people, such as a school. Right now, the law only requires reporting if the patient communicates an intent to harm a clearly identified individual. In addition, it requires reporting if the professional believes the patient “has the apparent ability to commit such an act,” even if the professional isn’t convinced that the patient is “likely to carry out the threat unless prevented from doing so.” Awaiting action on House floor. Senate has not considered it. 

HB 7023/SB 7015 – Allows a law enforcement agency to assign a school resource officer to schools in their jurisdiction if the school district has not voluntarily entered into a memorandum of understanding with the agency to provide SROs. Awaiting action on House floor. Senate has not considered it. 

HB 7026/SB 7092 – Requires reporting of juveniles, age 16 and up, committed to a mental institution to be reported for inclusion in the instant check system used to check backgrounds before the retail sale of firearms. Awaiting action on House floor. Senate has not considered it. 

HB 7027/SB 7080 – Requires state to pay for cost of court-ordered mental health evaluation and treatment for criminal defendants who have been charged with a misdemeanor and are believed to be incompetent to stand trial. Passed 89-1 by the House. Senate has not considered it. 

HB 7030/SB 7062 – Allows transfer of juveniles, age 16 and up, to adult court for robbery or any burglary involving the theft of a firearm. Awaiting action on House floor. Senate has not considered it. 

HB 7032/SB 7091 – Requires health insurance carriers, including TennCare providers, to provide mental health services and treatment to the same extent that the carriers and providers provide alcoholism and drug dependence services and treatment. Awaiting action on House floor. Senate has not considered it. 

HB 7033/SB 7028 – Requires a bail hearing, which must be open to the public, before a defendant who has been arrested or held to answer for a bailable offense may be admitted to bail. Awaiting action on House floor. Senate has not considered it. 

HB 7034/SB 7007 – Increases penalties for stalking-related crimes. Raises from a Class A misdemeanor to a Class E felony knowingly violating an order of protection or a restraining order issued due to domestic abuse when based on stalking; raises the classification range for stalking from a Class A misdemeanor or Class E felony to a Class E or D felony; raises the classification of aggravated stalking from a Class E to a Class D felony; requires a court to order a mental health assessment of a defendant's need for mental health treatment if convicted of a stalking offense, at cost to the defendant unless indigent; requires the sentence to include the defendant undergoing treatment and monitoring of drug intake if the assessment indicates that the defendant is in need of and amenable to treatment. Awaiting action on House floor. Senate has not considered it. 

HB 7035/SB 7079– Creates a mental healthcare professionals student loan repayment program to incentivize people to provide mental healthcare services in Tennessee. Awaiting action on House floor. Senate has not considered it. 

HB 7036/SB 7082 – Changes threshold for involuntary commitment of individuals deemed to be a threat to themselves or others from an “immediate” threat to an “imminent” threat, which sponsors say would give emergency personnel more leeway in holding such individuals. Awaiting action on House floor. Senate has not considered it. 

HB 7038/SB 7060 – Requires the Department of Education to establish and administer a school safety alert grant program to provide grants to local school districts and public charter schools to establish school safety alert systems in public schools. Awaiting action on House floor. Senate has not considered it. 

HB 7061/SB 7067 – Requires the Department of Education to annually notify each local education agency of all federal grant programs to assist in expanding mental health services and resources in schools. Passed 85-0 by the House. Senate has not considered it. 

HB 7063/SB 7094 – Allows school districts and public charter schools to employ retired law enforcement officers and honorably discharged veterans as school resource officers if the person completes basic law enforcement training. Awaiting action on House floor. Senate has not considered it. 

HB 7071/SB 7018 – Requires the TBI to report on the numbers of mass shootings that occur in the state, but it specifically excludes mass shootings that involve domestic disputes or gang activity from the annual count. Passed 75-15 by the House. Senate has not considered it. 

HB 7072/SB 7007 – Directs the Administrative Office of the Courts to develop a centralized system for collection and reporting of all state and local court public case level data. Awaiting action on House floor. Senate has not considered it. 

HB 7073/SB 7027– Provides that juveniles, age 16 and up, will be transferred to adult court to be tried for murder or attempted murder. Creates “blended sentencing” procedures for juvenile judges to be able to maintain control over offenders up to age 24. Awaiting action on House floor. Senate has not considered it. 

HJR 7015 – Resolution urges Department of Safety to provide brochures about safe storage of weapons at driver service centers. Awaiting action on House floor.