NASHVILLE, Tenn. (WTVF) — Tennessee lawmakers are considering substantial changes to their current law, passed in 2024, that includes stiff punishments for issuing threats of mass violence against schools.
Ever since the Covenant School shooting in 2023, Tennessee schools have been inundated with threats of mass violence. So in 2024, there was a bipartisan effort to craft a bill that if anyone issues a threat against a school, they could face a Class E felony. "I’d hope that would send a message to other people -- I don’t want to do that," said Rep. Bo Mitchell (D-Nashville) when he advocated for the bill.
Unintended Consequences
But good intentions may have led to unintended consequences. "In Fiscal Year 2024, 518 children were arrested under our current threats of mass violence law. The youngest was 7 years old," said Beth Cruz, during a Senate Judiciary hearing earlier this month. Cruz is an education attorney and has been tracking the new law.
Many of the 518 children have been arrested, even though they didn't originate the threat against a school. Back in January, shortly after the Antioch High School shooting, the 12-year-old son of Kyle Caldwell was arrested. His son had only reposted a threat, hoping to alert others. "He is just a great kid, no history, no trouble," said Caldwell, during an interview with NewsChannel 5. "Out of innocence, his idea was he was informing"
"Knowingly"
Lawmakers hope to fix this problem by adding one key word — knowingly. "We think 'knowingly' is a good place to land," said Rep. Mark Cochran (R-Englewood). "You’re aware of what actions that will result in, you’re aware that will result in mass panic or whatever that might be."
House Bill 1314specifically states: "A person commits an offense who knowingly, by any means of communication, threatens to commit an act of mass violence and the threat causes another to reasonably expect the commission of an act of mass violence."
Several advocates testified, earlier this month, that this change is a good first step. But they also think young children and students with special needs should be excluded from arrests and prosecution.
Zoe Jamail, Policy Director for Disability Rights Tennessee, shared the story of an 11-year-old with a developmental disability who was arrested under the current law. "He said something he doesn’t understand. And now he has to be evaluated by the state to see if he’s competent or not competent to stand trial. We’ve hired a lawyer, it’s just been a lot emotionally and financially on my family. He thinks he’s going to prison," Jamail said, as she fought back tears.
But a representative for the Tennessee Department of Safety argued they can't exclude any child from this law because any child could potentially make a credible threat. "We very seriously and really have children in this state who make serious threats," said Elizabeth Stroeker, Legislative Director for the Tennessee Department of Safety.
Creating more problems?
Zoe Jamail, who testified about the bill, reached out to NewsChannel 5 after this story initially ran, saying this bill is only creating more problems instead of fixing the current law. "HB1314 doesn't aim to change current [Threat of Mass Violence] law. It creates new felony offenses for TMV in a different part of our criminal code. The current TMV at school law (and all of its problems) remains untouched by the current bill," wrote Jamail in an email.
She believes if this bill passes, it will create a second statute for Threats of Mass Violence and would make it possible for a child to face two charges — one under the current law and one under this new law.
Other aspects of the bill
That's not the only aspect of the legislation. Under current law, it's only a state-level crime if you make a threat of mass violence against a school. A provision of the bill would also make it a felony to make threats against state office buildings, houses of worship, even live event venues. "This is making sure that if you’re threatening a shopping mall, or a park, that officers and then ultimately [District Attorneys] have some ability to step in," said Rep. Cochran. "With the goal of hopefully preventing an incident before it ever happens."
The bill also introduces criminal penalties for "doxing" individuals. Doxing includes posting someone's address or phone number with the express intent of harassing or intimidating them.
Do you have more information about this story? You can email me at Chris.Davis@NewsChannel5.com.
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