| There is a smattering of new laws going into | | | | conviction. Without a prior felony |
| effect in Tennessee come January 1, 2008. | | | | conviction, the minimums are six (6) and |
| Always the most interesting to me, | | | | three (3) years, respectively. |
| considering what I do on a daily basis, are | | | | |
| the new criminal statutes. The Crooks with | | | | As well, jail credit is tweaked with the new |
| Guns law, as it has been entitled, | | | | law. In Department of Correction custody, one |
| drastically increases the punishments for gun | | | | typically qualifies for "good time", which is |
| related crimes associated with the commission | | | | usually getting three days of credit against |
| of certain enumerated "dangerous felonies". | | | | your sentence for every two you serve |
| The operative elements of the new TCA | | | | (standard in local Davidson County custody, |
| 39-17-1324 are as follows: | | | | which is for sentences under six (6) years, |
| | | | is two days for every one day you serve). The |
| (a) Possessing a firearm with the intent to | | | | Crooks with Guns law largely eliminates such |
| go armed during the commission of or attempt | | | | good time - akin to federal sentencing rules, |
| to commit a dangerous felony | | | | you can complete your sentence no earlier |
| | | | than after having served 85% of it. |
| (b) Possessing a firearm during | | | | |
| | | | One aspect of the proposed change in the gun |
| 1. the commission of a dangerous felony; | | | | laws puzzles me, however, In amending TCA |
| | | | 39-17-1307, possessing a deadly weapon that |
| 2. an attempt to commit a dangerous felony; | | | | is not a firearm in the commission of a |
| | | | "dangerous felony" as listed in the Crooks |
| 3. flight or escape from the commission of a | | | | with Guns law is a standard Class E felony. |
| dangerous felony; | | | | That part makes sense, and would apply to |
| | | | knives, pool cues, baseball bats, etc. |
| 4. flight or escape from the attempt to | | | | However, possessing a firearm in the |
| commit a dangerous felony. | | | | commission, attempt to commit or escape from |
| | | | a non-dangerous "offense" (note, not felony) |
| The teeth are in the sentencing. If the | | | | is a Class E felony. A Class E felony entails |
| defendant has a prior felony conviction, the | | | | a one (1) to two (2) year sentence for a |
| law creates a new class of felony, | | | | Range I offender. So, in essence, if you |
| essentially a "Super C Class" and a "Super D | | | | possess a firearm while committing the least |
| Class". Violations of subsection (b) are | | | | serious misdemeanor, you could suffer a |
| deemed a Class C felony, but demand a | | | | felony conviction (think Driving on a |
| mandatory minimum ten (10) year sentence with | | | | Suspended License because of unpaid tickets, |
| zero release eligibility, and no option for | | | | or Criminal Trespass, both Class C |
| supervised release. However, the standard | | | | Misdemeanors - and the way it is written, |
| Class C felony for a Range I offender is | | | | possessing a valid concealed carry permit |
| three (3) to six (6) years. The new law | | | | wouldn't matter a lick). |
| stands alone at a minimum of ten (10) years, | | | | |
| regardless of the range of the offender (this | | | | To me, this part seems to be an overreach of |
| isn't problematic with Range II offenders, | | | | the law, and would operate entirely outside |
| where the range itself is six (6) to ten (10) | | | | the spirit of the Crooks with Guns law. |
| years, where the minimum simply becomes the | | | | Hopefully the amended wording won't be |
| maximum already allowed in the range). A | | | | enforced in that manner, but with the way the |
| violation of subsection (a) is a Class D | | | | legislature wrote it, my reading certainly |
| felony, with a minimum sentence of five (5) | | | | confirms the new law would allow it. |
| years if the defendant has a prior felony | | | | |