Killing of Belmont University student spurs new Tennessee mental competency law

A spate of criminal justice laws took effect in Tennessee on July 1..(Photo: John Partipilo)

Reacting to the death of a Belmont University student killed by a stray bullet, Tennessee lawmakers passed a measure this year that would allow judges to commit offenders to a mental health facility if they’re deemed incompetent to stand trial.

The law is one of several new measures that took effect Monday, July 1, designed to clamp down on crime and enact tougher punishments in some instances.

Tennessee lawmakers passed the bill in response to Jillian Ludwig’s 2023 death after her mother, Jessica Ludwig, told legislators, “there is nothing worse than losing a child. It leaves a giant hole in your heart that can never be filled.” 

Jillian’s Law provides critical resources so that dangerous individuals may no longer avoid responsibility for their crimes and continue to victimize innocent Tennesseans.

– House Majority Leader William Lamberth, R-Portland

Lawmakers passed the bill with ease, 92-0 in the House with four present not voting and 28-0 in the Senate with one present not voting. The new law also prohibits the offender from possessing or buying guns.

House Majority Leader William Lamberth, who sponsored “Jillian’s Law,” said Monday the Legislature enacted several “smart-on-crime” policies over the last few sessions, emphasizing “prevention, improving accountability and reducing recidivism.”

“Jillian’s Law provides critical resources so that dangerous individuals may no longer avoid responsibility for their crimes and continue to victimize innocent Tennesseans,” Lamberth, a Portland Republican, said.

Gaining support for “Jillian’s Law” wasn’t difficult. The man accused of the crime, Shaquille Taylor, had been released from jail in Nashville on another charge after being found incompetent to stand trial. Taylor, who reportedly has an intellectual disability, wasn’t considered a danger to himself or others, even though he admitted to shooting into a car on Dickerson Pike in 2021.

Nashville NewsChannel 5 reported the state doesn’t have enough staff to handle 800 open beds in four state mental facilities, which have a total of 3,500 licensed psychiatric beds.

The law could cost the state more than $2 million in staff and supplies if the number of new admissions exceeds the state’s ability to house them, according to a state financial analysis of the legislation.

Democratic state Rep. John Ray Clemmons said Monday lawmakers on both sides of the aisle have a “sincere desire” to deal with crime and public safety.

“Unfortunately, most of the partisan bills Republicans keep touting  are recycled policies from the ’80s and ’90s that have proven over time to be wholly ineffective,” said Clemmons, chairman of the House Democratic Caucus.

The Legislature should focus instead on using “expertise, data and proven outcomes” to set criminal justice policies, he said.

State shoulders the cost

The state would pay the cost of a court-ordered mental evaluation and treatment for defendants charged with a misdemeanor who could be incompetent to stand trial.

The measure was sponsored by Lamberth and Republican Sen. Shane Reeves of Murfreesboro.

A financial analysis of the provision shows it could increase state expenditures by $3.3 million annually and cut local government expenditures by $1.3 million a year.

On average, 2,017 forensic outpatient evaluations were given annually over the last decade, about 18% of which were for misdemeanor offenses.

Death for child rape

Lamberth also passed HB1663, a measure that will allow prosecutors to seek the death penalty for convictions of child rape, aggravated child rape and especially aggravated child rape.

During the session, Lamberth argued that the state’s toughest penalty should be reserved for crimes as “heinous” as child rape.

Critics of the bill have countered that the law is unconstitutional because the death penalty is allowed only for first-degree murder cases. 

Opponents also contend that child victims will be forced to go to court and possibly testify against family members, forcing them to relive the trauma for years because of the length of time it takes to adjudicate a person on death row.

Under the new law, an offender also could be sentenced to life in prison without the possibility of parole or just life in prison.

Penalizing mass threats

Lawmakers voted to increase the penalty for threatening to commit mass violence on school property or at a school-related event, making it a Class E felony rather than a misdemeanor.

The bill was sponsored by Democratic Rep. Bo Mitchell of Nashville and Republican Sen. Jon Lundberg of Bristol.

Two Williamson County families sued Gov. Bill Lee and Williamson County Schools this year, claiming their middle school children were arrested, strip-searched and placed in solitary confinement before being sent to alternative school for allegedly making “threats of mass violence.”

A 14-year-old boy involved in the case was accused by a Page Middle School principal of saying he was going to bring guns to school and also had a bomb at home.

Families say school officials misinterpreted the kids’ words and overreacted.

Clamping down on drag racers

Largely in reaction to Shelby County lawmakers’ complaints about interstate speeding, the Legislature passed a bill raising the penalty for drag racing to a Class E felony from a misdemeanor.

Sponsored by Memphis Republicans, Sen. Brent Taylor and Rep. John Gillespie, the bill passed the Senate 25-4 and the House 86-11. It is expected to cost the state $134,300 to imprison violators.

“Back the Blue Act”

A bill passed by Republican Rep. Kip Capley of Summertown and Republican Sen. Dawn White of Murfreesboro increases the penalty for assaulting a law enforcement officer.

Offenders could be charged with a Class E felony accompanied by a mandatory minimum 60-day sentence and $10,000 fine.

Lamberth called it “one of the best” bills passed during the recent session, saying on X, “Law enforcement officers have been under siege from criminals and liberal politicians over the last few years” but that in Tennessee we #backtheblue.

The Lookout could not find any bills from recent years that would cut funding for police or undermine officers.

New gun restriction

A measure passed by Republican Rep. Ryan Williams of Cookeville and Republican Sen. Paul Bailey of Sparta prohibits people from possessing or buying a gun under age 25 if they were guilty of certain crimes as a juvenile.

If found delinquent between 14 and 18 of a crime constituting aggravated assault, aggravated assault of a first responder or nurse, cruelty to animals or aggravated cruelty to animals, the person could face those gun restrictions until they turn 25.

New bail provision

Another bill sponsored by Taylor and Lamberth requires magistrates to consider community safety when deciding whether to require bail or other conditions for release.

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