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April 27, 2021
Tennessee passes significant improves to civil immunity for those resorting to self-defense |
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Over the last few years, Tennessee Firearms Association has worked
with a number of state legislators to improve existing laws regarding
civil immunity for those who resort to justifiable self-defense. Under
existing law, a person who found themselves in a situation where they
found it necessary to use deadly force in self-defense could be at risk
for being sued in a civil action related to the event even through a
possible or actual criminal investigation or indictment may be pending.
Rep. Christ Todd and Senator Dawn White carried HB25/SB1148
which passed the House on March 29, 2021 and passed the Senate on April
27, 2021. The legislation provides that a person who uses or
threatens the use of force against another may request a stay of
proceedings in any civil action based on the use of force until the
criminal investigation has concluded. If a civil action is filed prior
to the conclusion of the criminal investigation, the person is allowed
to file a motion in the civil action to ask the court to dismiss the
action.
The bill initially provides that “if a criminal
investigation or criminal proceeding is conducted based upon the
defendant’s use or threatened use of force, a civil action that is based
upon the defendant’s use or threatened use of force or the results of
the defendant’s use or threatened use of force may not proceed until the
conclusion of the criminal investigation or criminal proceeding, if a
stay of the proceedings is requested by the defendant. If the defendant
requests a stay of proceedings and the court determines that a relevant
criminal investigation or criminal proceeding is ongoing, the court
shall grant a stay of proceedings until the conclusion of the criminal
investigation or criminal proceeding.”
The bill further provides
that a defendant may still request an initial hearing on the immunity
issue. If so, the bill provides that “the burden of proof at the
hearing is initially on the defendant to present sufficient admissible
evidence to fairly raise the issue of whether the use of force was
justified under §§ 39-11-611 – 39-11-614 or § 29-34-201. If the court
finds that the permissible use of force has been fairly raised, a
presumption of immunity is created and the burden of proof shifts to the
plaintiff to demonstrate that civil liability is not barred by this
section.” If the court finds by the preponderance of the evidence that
civil immunity exists, the civil case shall be dismissed with prejudice.
If the court is unable to reach that determination initially, then the
civil case is stayed pending resolution of the criminal investigation
or case.
The bill also provides that if it is ultimately
determined that the defendant is entitled to civil immunity that “the
court shall award the defendant attorney’s fees, court costs,
compensation for loss of income, and all expenses incurred by the
defendant in defense of the civil action.” This is a material change in Tennessee law and one that provides
meaningful protections for Tennesseans who find themselves as the victim
of a violent crime and who therefore use justifiable force to defend
themselves.
TFA would like to acknowledge the hard work of the
sponsors Rep. Chris Todd and Senator Dawn White for their work on this
bill and their willingness to carry this legislation. TFA would also
like to thank Rep. Mike Carter who worked extensively with TFA and the
bill’s House sponsor, Rep. Chris Todd, and legislative counsel, Tom
Tigue for their contributions to getting this bill in its final format.
It was a material help to the quality of the bill and made it easier to
get it through the system with full support and no amendments.
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Executive Director
johnharris@tennesseefirearms.com
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