Update on legislation in Tennessee that would force families to separate

By Sandy . . . We first reported on this in June of last year. The Tennessee legislature had just passed a bill, due to take effect July 1, 2019, with a single provision added to an already existing statute: It would disallow the right of parents to be alone with or live in the same home with their own minor children — 17 or younger — if  “…the offender has been convicted of a sexual offense or violent sexual offense the victim of which was a child under twelve (12) years of age.”

Almost immediately legal action was begun. Plaintiffs came forward, attorneys stepped up, and a suit was filed along with the request for a temporary restraining order, which was granted.

Even though the TRO was extended, Judge Waverly Crenshaw, Jr. paused the lawsuit until the legislature could produce a reasonable amendment to the law, giving them until June 30 of this year to do so.

The legislature has acted. New language has been proposed and unanimously approved by the Tennessee Senate.

As reported at News Channel 9, “Under the amended proposal, convicted sex offenders could spend time with and live with their own child under 12, but only if a court hasn’t ruled they would present a harm to that minor.” For parents who are denied under this ruling, they will apparently be able to “…re-petition the court if their circumstances change.”

Many, many questions demand answers.

Under what circumstances will a court be able to rule that potential harm to a minor existed? Will  psychological evaluations be required first? If so, who will bear the burden of expense for the evaluations? Will a judge be able to state that, simply based on his own opinion, the registrant does present potential harm? Will registrant parents who are now, and have been, living with their own children be free to continue with no further action as long a court has never declared them to be potential dangers, or will they, as the word “re-petition” suggest, have to petition the court for a hearing to determine their risk? If that is the case, will they be forced to leave their homes and families until the outcome of the hearings?

The legislation must now pass the House.

Before it does, we sincerely hope that someone will ask and have answered these important questions.

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Sandy Rozek

Sandy is communications director for NARSOL, editor-in-chief of the Digest, and a writer for the Digest and the NARSOL website. Additionally, she participates in updating and managing the website and assisting with a variety of organizational tasks.

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    • #68728 Reply
      Avatar
      d

      This is my take on this:
      OK you ruled against us trying to protect the children so you get to deiced if they can live in the house and you get them blame if anything happens! This is really smart, and very wrong what they have done instead of dropping the unconstitutional BS!. The first case before a Judge will go like this (OK you did it before so you could do it again yes you are a danger) just to protect their own hide.

      On a separate note I just saw another case in Indiana court a man getting a felony conviction for not registering.

      William A. Brock,
      Appellant-Defendant,
      v.
      State of Indiana,
      Appellee-Plaintiff,

      Why has nobody tried the compelled speech argument? The constitution states that the government agencies cannot force you to give information under threat of punishment. The registration is exactly this.

    • #68735 Reply
      Avatar
      citizen

      Children in our country are used as pawns. We punish people we don’t like by taking their kids away. It shows the callousness and lack of evolution in our culture. This law is just a symptom of that feature of our devolved society. Does anyone think about how this law affects the children involved who see themselves in their parents?
      Honestly, these law makers could care less about families. They are vile people, elected by vile people who enjoy the drama of someone else’s pain. It’s the hallmark of southern culture that no one likes to admit, because then they’d have to redefine that “Southern Hospitality” rule…

    • #68734 Reply
      Avatar
      Tim in WI

      d,
      You’re on point, speech was always implicated by SOR & DOC or DPS. Speech was not raised in Alaska Doe03 but Remaining silent to an almighty agent is no different than data to a database. Either a man has a right to remain silent to an information request, by agent or machine, or not!

      Is safety advanced by the mass gov collection or not? The registry regime acts as a foundation for mostly unreasonable affirmative disability (like prison bars) (residency restriction)(change of name)(school entry).

      The minority stated it was ” unquestionably punitive ” and a close case, but it by the end result be anything else but intended as such in retribution. The collateral consequences tor embracing plain indentured servitude – man to database machine – as “a necessary civil gov function” runs inverse to the 13th Amendment and contrary to notions of free republic and natural law is yet unfolding.
      ….
      Some however insist the database machine superior to man. Does the people’s machine have the right to know all?

    • #68741 Reply
      Avatar
      Saddles

      Ok folks time to get down to business with goal setting. I’m sure many on this registry would like most or all of this to be rationalized or over in a productive way by the end of the year or pardon’s for many. A bit of history would be good right now. Call it People vs the US Government in true values.

      Every since we broke off from England to form a new nation we have had Compromise. Their was the great compromise of 1787 called the Sherman Compromise, the Missouri compromise, wars, United State and Mexican wars now its the Sex Offender war it seems. You guys that know your history I’m sure can understand. Myself I was just trying to learn why they ran off the indians and killed many or how the Pilgrims got indoctrinated in all this.

      One wonders how things would of turned out if they cleaned up the prostitution in the old west or were judges and governors on the take. Was John Lennon killed by accident or some Chapman fame.

      Believe it or not you guys are sort of on the right tract with a lot of comments but who is above reproach as we learned from the comments from Robins article. Who is still sovern today in word and deed or who know’s the thoughts of man. Who draws the line of action in this battlefield to determine who is violent or nonviolent. Who gives stipulations about how to raise up kids or show we turn to TV and ask the PH’d of higher education or look about CAlifornia became a state back in this great nation of ours and you will see all the abuse of government.

      Who is trying to make a reputation today. Who is infrienging on others or is fairness and right judgment blown in the wind. Who has property rights over slaves today or did they free the slaves. What about the unjust slaves in penal instutions and nowits families that can’t be with their kids in their growing cycle of life. Doe’s Katie bar the door or does Cattle Annie bring em in dead or alive or is the sword mighter than the gavel.

      I’m sure a lot of legislators dont’ understand thsi todayin this round em up move em out ordeal or ship them off and get him out of here. Sure I want a lot of this over with in fact I wrote the governor today and there is nothing wrong with Power to the common People. Its when Power start’s crupting than people need to speak out. I believe Robin and the team would agree on that

    • #68812 Reply
      Avatar
      Phil

      Ya I get it. When I got divorced I got custody of my 3 daughters that I raised. Because I guess was not a threat. I did get remarried and somewhere down the line they changed it to where my step daughter could not stay over night at the house when she visits her mom two weeks out of the month. Which we went to court about. Judge said he did not see me as a threat but his hands or tied, nothing he can do. So now I guess they dont want my 16 month old son to stay over night with me. Let me remind you this is a case that was before any of my kids and from 93. These laws have become so crazy I have no idea what to expect anymore. As I am afraid to travel with my kids anywhere. They suffer way more than me. All I get is no one understands why but nothing they can do.

    • #68858 Reply
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      Crash

      citizen

      Absolutely, minors are used as pawns. Lawmakers, politicians, and the media must sell what the people are willing to buy. The talk of SO crimes involving minors, is what would turn heads and get people’s attention. Get them listening and interested in what they have to say. There is passion and shock value in regards to those crimes. No other crimes can top SO crimes involving minors in America.

      Recently, I watched Laura Ingraham from Fox New Channel say something about immigrants coming into the US or the possibility of them entering the US. She said something like “for the “most serious crimes” such as the “s@@ o@@ender ones,” and also terrorism or murder.” I don’t remember the exact words but for sure, she had worded her comment in such a way, as to imply that there are no crimes that are more serious than any of the SO ones. Putting details and severity of specific cases aside. As if every single SO crime is seperate and “the worst” altogether. The comment was not something like “the most serious crimes such as the s@@ o@@ender ones, terrorism, and murder.” I don’t remember what she said all that much.

      Lawmakers, politicians, and the media can’t reel people in and get them interested in what they have to say, by talking about the sexual victimization of minors by women, as that would not register in their minds and wouldn’t make sense to some of them. Lawmakers, politicians, and the media cannot sell what the people won’t buy. They must fit the narrative. They gotta use what really gets down into the hearts of the people.

    • #68860 Reply
      Avatar
      Crash

      citizen

      I wanted to point out something with the Ingraham comment. I wanted to point out that there are men who are arrested simply for chatting online with law enforcement, who were pretending to be a minor while using a fake profile. Some of those cases, somehow, someway, are more serious or severe than some of the cases where an attractive (I’m sorry to say this but white or hispanic) woman actually slept with a minor of the same age, as the one presented by the fake profile from law enforcement. In some cases, some of the women have slept with a minor below the age of the one presented by fake profiles or even more than once. Some women slept with minors below the bogus, so-called “age of consent,” and I’m sure that there are some men were fooled by a profile where a minor was presented as 16 or 17 (both ages being the age of consent in certain states). Though it seems the media and the general public will never understand these things.

      The entrapment cases with the fake profiles, are more serious or severe both within the law and the mentality of the people. The charges are the same exact ones where men are arrested for chatting online with minors for real. The names and punishment attached to them are the exact same. As well as the overall negative feelings that many people would have toward the men who were arrested after being set up by law enforcement who were using a fake profile. In rare instances, law enforcement along with some “task force” might dig up actual conversations that certain men have had with minors online, that are not even sexual whatsoever nor has any solicitation or luring of any sort, and get the men charged for “soliciting a minor online.” This world isn’t all that it seems to be but it is way more horrific than most people would ever realize.

      So in the case of law enforcement legally entrapping men with fake profiles, the men are not arrested for what they did but rather they’re arrested for what they “would do,” or “would have done,” or “could have done.” But the name and punishment of the charges remain the same, as though the men were chatting with an actual minor, of course. The men are arrested for something that wasn’t even done! Truth does not set people free in such a system.

      I have one last comment after this one.

    • #68895 Reply
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      TS in AL

      This is already law in Alabama. I was convicted in 2005 of receipt and posession, released from Federal Prison in 2012 and the law was on the books before I came home. I have no children, but if I wanted any, I would not be allowed to cohabitate with them or be alone with them. I know others who have been affected by this law. Needless to say, it has been a heavy burden on their families.

    • #69136 Reply
      Avatar
      d

      1. Report your address yearly or be punished = compelled speech Constitutional violation

      2. Determination that you are a Danger and classifying you as such without due process = no Due Processes constitutional violation

      3. If any of these laws are done to punish or are found to be punitive = Double Jeopardy constitutional violation

      4. Coming to your house to see if you live there = Illegal search constitutional violation

      Everything they are doing is against our rights and they know this. They are not doing it for the children. They might do it for votes, but i believe it is for control and creating citizens without rights the real government wet dream.

    • #69543 Reply
      Avatar
      Saddles

      One has to wonder who’s under the influence today. Sure I can smell it on your breath. I’m sure a lot of us have heard that many times. So who is under the undue influence in this registry issue? Who is stripping rights away today with many of these registry encounters.

      Comparisons are good but is justice still blind today. Their is a viewpoint Government doesn’t understand or seems to be blind about and it is in the book of Romans. Comparisons are good in many of these ordeals or who is lady wisdom today or where is true justice today.

      Sure if I were married and had kids I would want to help and support my family and yes be with my kids in their growing years. Yes a lot of these laws show a lack of respect to the parent or parents of the child or who misleading the wittness today. One would wonder who decrees over all rights to their child in their growing years. Someone said they are innocent pawns on here. Murder no problem, thief no problem, fraud not problem or who offends parenthood today.

      Much and many of these law’s are taken out of context and off centered in many ways. I have to appalude NARSOL for all efforts and those involved. While this law may be a compromise it is not a very good type of comparison. One wonders who is really sitting in government today.

      Sure one can have a flagship of faith and a flagship of Government but in the end which house is divided. Government even strives to even understand the true commandments in many ways. Viewpoints are good if they are constructive and of real true values. So if republician is the way than that may be considered a bit bias. Talk about spare the rod and spoiling the child. From paddlings to rulers to this in many of these injustices.

    • #70743 Reply
      Avatar
      Janice Royalty

      Sexual offenses are not all equal. People who have one offense and are not rapists or child molesters or violent should not be treated the same as those who are. Individuals should be evaluated on what they did not on what they could or might do. The age of the victim should be considered as well . One time offenders should not have a label put on them for the rest of their life. They should be able to work themselves out of that and prove themselves once again trustworthy. The laws for them living with their families and their underage children should be considered differently. It isn’t rational to punish an offender for a one time offense by separating them from their own support families and giving them a life punishment after they have paid their debt to society.. Our laws, the way they are now punish many more than the offender and that is their little children and wives who want to get their life back.

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