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TENNESSEE GENERAL ASSEMBLY
HOUSE DEMOCRATIC CAUCUS

Contact: Marianne Purcell, Legislative Assistant
615.741.4400 - 615.741.4322 fax
Marianne.Purcell@legislature.state.tn.us

Rep. Jim Hackworth - House District 33


 IMMEDIATE RELEASE                                                                                 May 10, 2007

‘Jessica’s Law’ Gets GPS Monitor Amendment;
House Passes Irresponsible Dog Owners Bill


NASHVILLE (May 10) –The House Budget Subcommittee advanced “Jessica’s Law” this week after Gov. Phil Bredesen and legislative leaders negotiated an amendment to the bill that funds global positioning system (GPS) devices worn by child sex offenders.

“The GPS provision adds more teeth to the Tennessee bill, and follows similar legislation enacted by at least a dozen other states.  More than nine ‘Jessica’s Law’ bills were filed this session, and this particular measure represents the combined hard work of the governor and a group of dedicated lawmakers,” said Rep. Jim Hackworth, D-Anderson County.

The bill moved to the full House Finance, Ways and Means Committee after the primary sponsor received the governor’s funding letter that added $1.9 million for the GPS devices.  Convicted child predators released under community supervision would be required to wear the tracking devices for the rest of their lives.

The major provision of “Jessica’s Law” increases sentences for child rape to a minimum of 25 years in prison.  Child rapists are also ineligible for probation after serving 15 years of the new minimum sentence.

“Offenders sentenced under lesser changes may still be released on probation after serving 15 years.  All offenders regardless must notify the state’s sex offender registry of their current addresses and wear the GPS monitoring devices after they are placed under community supervision,” said Hackworth.

The Bredesen Administration previously included $7.7 million in the proposed 2007-2008 appropriations bill to cover the costs of longer prison sentences for child rapists and concurrent increases in the inmate population of child sex offenders.

“Jessica’s Law,” or the “Tennessee Jessica Lunsford Sexual Predator Act of 2007,” is named for Jessica Lunsford, a 9-year-old Florida girl who was abducted, raped, and murdered three years ago.

“During investigations, authorities discovered that the main suspect was a child sex predator with multiple convictions.  He hadn’t updated his whereabouts with the state’s sexual offender registry after moving to his victim’s neighborhood.  Because authorities lost track of him, the Lunsford family was victimized because they didn’t know about the perpetrator’s criminal record,” explained Hackworth.

In other business, the House passed the “Dianna Acklen Act of 2007” in final action.  This bill holds dog owners liable for injuries to other persons caused by their animals.  The owner is responsible regardless of any knowledge of the dog’s past or present viciousness.  Similar tough dog bite laws are on the books in 32 other states.

“Owners aren’t prosecuted if their dogs are protecting them from attack or from trespassers.  Military and police dogs on duty are also exempt.  A person who is temporarily keeping a dog for the owner, however, can be held liable if the animal injures someone,” said Hackworth.

The measure is named for a 60-year-old woman who was brutally killed last year by marauding dogs as she jogged alongside a public highway in Franklin County.  She was fewer than two miles from her home.

“Her daughter and a Franklin County sheriff who testified in favor of stricter penalties witnessed the floor vote that nullified seventeenth-century English common law on dog ownership still in the state code,” added Hackworth.

Another significant pet-related bill also saw final action in the House.  This measure protects domestic animals from known abusers who threaten to injure pets owned by other adults or children in vulnerable situations.

 If pets are physically harmed or threatened by an abuser, recourse is possible by placing the animals in foster care.  Owners can also claim legal custody and remove the animals from the abuser’s control.

“This bill targets physical and emotional abusers who try to manipulate their victims by hurting their pets. Research has shown a connection between violence against animals and violence against people.  Some abused people won’t move to safe shelters because they’re afraid of abandoning their dogs or cats,” said Hackworth.

CONTACT:        Kenneth Townsend, Press Secretary, House Democratic Caucus, at
615-741-6620 or email
kenneth.townsend@legislature.state.tn.us.

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