Bill That Will Allow Civil Penalties For Those Who Traffic Minors For Gender Altering Medical Procedures Passes Tennessee Senate

Image Credit: capitol.tn.gov

The Tennessee Conservative [By Kelly M. Jackson] –

A bill that will allow those who traffic minors across state lines for the purposes of intentionally assisting in sex reassignment procedures to face civil penalties by the minor’s parents will become law in the state of Tennessee. 

House Bill 2310 (HB2310), sponsored by Representative Bryan Richey (R-Maryville-District 20), aims to prohibit minors from receiving this type of medically altering care without their parents’ consent. 

From the text of the bill “A person shall not knowingly remove a minor from this state without the consent of a parent of the minor if the purpose of the removal is to assist the minor in obtaining a medical procedure that, if performed by a healthcare provider within this state, would be a violation of this section.

Richey noted that this was a “parents’ rights bill” and simply keeps individuals from being able to assist minors with obtaining medical procedures that are illegal in the state of Tennessee. 

The Tennessee Conservative reached out to Richey who said this about the passage of his bill: 

“While HB2310 didn’t cover everything we aimed for, I’m relieved we managed to implement the civil action, empowering parents with the ultimate authority over medical procedures for our children. It’s another crucial safeguard against the looming threats targeting our kids.”

The “everything” Richey is alluding to in his statement, would be the criminal consequences that were initially included in the bill. 

In the original language of the bill, this act would have carried a potential criminal penalty of a class C felony charge. Those convicted of class C felonies in the state of Tennessee may face prison time of three to 15 years and fines of up to $10,000. 

According to our sources, the criminal piece was extracted from the bill by its sponsor because the fiscal note (or what it would have cost the state to carry out the criminal consequences for those who violate the law) was not included in the governor’s budget, according to House Finance Ways and Means.

Unless that aspect of the legislation was removed, it would die in the House. 

Prior to the bill’s passage, Representative Patsy Hazlewood (R-Signal Mountain-District 27) proposed an amendment that diverged from the original bill language stating that HB2310 does not apply to:

• A parent or legal guardian of an unemancipated minor who is authorized to make healthcare decisions for the unemancipated minor.

• An adult who has permission from the unemancipated minor’s parent or legal guardian.

• A common carrier transporting passengers for hire in the course and scope of their business.

Hazlewood’s amendment also specified that “The civil action may be brought by a parent or legal guardian of the unemancipated minor.”

There is an inclusion of an intent element, which essentially would make the common carrier concerns (uber drivers, greyhound bus drivers, etc) a moot point. The inclusion of the word “knowingly” compels anyone who is accusing an individual of a violation to prove the person transporting the minor understood the reason they were doing so. 

The bill was facing an uncertain end until this week, where amendments made it possible for passage in both chambers.

According to recent reports, some states are establishing what they call “shield laws” to “protect” those who are choosing to cross into other states in order to have the procedures and treatments that are illegal for minors in their home states. 

It was this movement that encouraged Richey to sponsor this legislation, to protect minors who could fall prey to adults they are not related to, who convince them to be taken to another state for what have been proven to be procedures that cannot be reversed and render permanent physical damage without parental consent. 

The bill once signed into law will take effect on July 1^st, 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.