New laws aimed at violent criminals
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Laws increasing the penalty for using a gun to commit a crime, forcing violent offenders to submit DNA samples, and allowing people to use deadly force to protect themselves in their vehicles are among the laws that went into effect Jan. 1.
The stiffer penalty for using a gun to commit a crime promises to dramatically increase jail time for anyone who brandishes a firearm during criminal activity. For example, someone who uses a gun to rob a bank would be charged with bank robbery, with a separate felony tacked on for bank robbery with a firearm.
‘It’s a built-in enhancement,’ said Rep. Matheny. ‘Now it’s a more serious crime with a more serious offense. The law has been funded and the prison space has been paid for so there’s room in there for the bad guys.’
Curtiss said collecting and storing DNA samples for anyone convicted of a violent crime will have long-term benefits, although there are several short-term obstacles to overcome. Those include implementing the program at the local level, and then finding the time and computer space to keep permanent records of the DNA samples.
‘It’s going to give law enforcement the ability to tie individuals to crimes in a way that wasn’t possible before,’ said Curtiss. He also praised a new sex offender law that went into effect in mid-2007 that requires all sex offenders in this state, or moving to this state, to register ‘ regardless of when they were convicted.
‘We protected a lot of children with that,’ said Curtiss.
The so-called Castle Doctrine allows Tennesseans to protect themselves with deadly force outside the walls of their home if they feel they are in immediate danger. This law was extended to a person’s vehicle with particular concerns about carjacking.
Both Curtiss and Matheny are pleased with the reduction in sales tax on groceries, although some people have mentioned the reduction from 6 percent to 5.5 percent is insignificant.
‘I wish it could have been more but sales tax is our No. 1 source of revenue,’ said Curtiss.
Added Matheny, ‘It’s better than the other direction and it’s my hope we can continue to reduce the sales tax on food.’
As for this year’s legislative agenda, which will begin taking shape when the General Assembly reconvenes this Tuesday, Matheny said he would like to install framework to allow the sales tax on food to fluctuate based on state budget needs.
He said it’s been considered to pass a bill to automatically drop the sales tax on food another one-half percent every time there is a $38 million budget surplus. Likewise, the sales tax would automatically increase one-half percent every time there is a $38 million budget deficit.
‘After two or three good years, the sales tax would be reduced,’ said Matheny, who indicated $38 million is just one number being considered. ‘That way the sales tax could be reduced or increased without us having to go through a political firestorm every year.’
Curtiss said tinkering the lottery scholarship program is another item sure to be on this year’s agenda.
‘When we started the lottery scholarships, we were on uncharted waters,’ said Curtiss. ‘Now we have a track record to go by.’
Curtiss said one aspect he does not like is the fact students completely lose their lottery scholarship if their GPA dips below 3.0. He also said more people, such as adults who decide to return to college after several years away from school, should have access to scholarships too.
‘Everybody should be forgiven and if a student makes one bad grade that shouldn’t be the end of their scholarship,’ said Curtiss. ‘Maybe take 25 percent of their scholarship away if they drop below a 3.0, but not all of it.’
When asked about extending the scholarships to older students, Curtiss said, ‘The whole idea is to get more people in Tennessee a degree so we need to broaden it.’