Legislation That Closes Loophole For Repeat Offenders Awaits Governor Lee’s Signature
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The Tennessee Conservative [By Kelly M. Jackson] –
A bill that closes a loophole in Tennessee law regarding criminal offenses by repeat offenders who are deemed incompetent to stand trial has been sent to Governor Lee’s desk for his signature.
HB1640/SB1769 states, “ Mental Illness – As introduced, expands the definition of “adjudication as a mental defective” to include a person who has been found incompetent to stand trial in a criminal proceeding and requires the clerk of court in such a proceeding to collect and report any such finding to the federal bureau of investigation-NICS Index and the department of safety; establishes a rebuttable presumption that a person who has been charged with a criminal offense and found incompetent to stand trial poses a substantial likelihood of serious harm; prohibits the purchase or possession of a firearm by a person who has been adjudicated as a mental defective. – Amends TCA Title 16; Title 33; Title 37; Title 39 and Title 40.”
Named “Jillian’s Law”, will require criminal defendants deemed incompetent to stand trial to be committed to an appropriate treatment facility.
Additionally, the legislation would require those same individuals to be entered into a National Instant Criminal Background Check System, which is a place that holds the names of those who are prohibited from purchasing or owning firearms.
2.1 million dollars has been appropriated in Governor Lee’s budget to fund the legislation.
The bill is named for Belmont University student Jillian Ludwig was fatally shot in the head by 29-year-old Shaquille Taylor who fired a gun from a public housing unit near the park. Instead of hitting the car for which the shot was intended, it instead hit Ludwig as she walked nearby.
This was not Taylor’s first violent incident. In fact, it is reported that he has been criminally charged a number of times, dating back to 2010. His crimes include robbery, theft of a vehicle, possession of a handgun, and several aggravated assault charges. In many cases, he was allowed to plead guilty to lesser charges.
He and another suspect allegedly shot at a vehicle in which a woman and her two children were sitting.
Taylor was found to be not competent to stand trial in that case and the charges were dismissed. State and federal law prohibit authorities from prosecuting individuals who are unable to understand their crimes or the legal process.
According to NBC News, a brain infection at birth caused Taylor to “function at a kindergarten level” and he is diagnosed with an intellectual disability and a language impairment.
However, Taylor also did not meet the criteria to be involuntarily committed to a mental health facility, so he was released.
Taylor will have a competency hearing next month. Despite his intellectual disability diagnosis, Taylor was able to hold a job, keep an apartment, and get rid of the murder weapon he has allegedly used to kill Jillian.
Jillian’s parents, Matt and Jessica Ludwig were at the state capitol when the bill was passed on the floor, and expressed relief and gratitude for those who carried the bill to fruition.
Matt Ludwig said, “It was an emotional day today for sure to see (Jillian’s Law) come to fruition. And the pace it went through the legislature, it’s really a testament to the quality of the law and a testament to Jillian.”
The bill was carried in the house by Representative William Lamberth (R-D44-Portland) and in the Senate by Senator Jon Lundberg (R-D4-Bristol).
The law will go into effect on July 1st, 2024.
About the Author: Kelly Jackson is an escapee from corporate America, and a California refugee to Tennessee. Christ follower, Wife and Mom of three amazing teenagers, she has a BA in Comm from Point Loma Nazarene University, and has a background in law enforcement and human resources. Since the summer of 2020, she has spent any and all free time in the trenches with local grassroots orgs, including Mom’s for Liberty Williamson County and Tennessee Stands as a core member. An outspoken advocate for parents rights, medical freedom, and individual liberty, Kelly also has a YouTube channel @Tennessee_Truth_Teller and is planning on expanding out to other channels soon. Kelly can be reached at kelly@tennesseeconservativenews.com.
