RESOLUTION NO. RS2009-683

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to impose mandatory sentences for felony criminal offenses without eligibility for parole.

WHEREAS, Tennessee Code Annotated § 40-35-203 provides that criminal sentences be imposed by the court, except when a capital offense is charged; and

WHEREAS, state law sets out sentencing ranges for felony convictions, but allows multiple offenders (those with between two and four prior felony convictions) to be eligible for parole after serving thirty-five percent of the sentence, and persistent offenders (those with five or more prior felony convictions) to be eligible for parole after serving forty-five percent of the actual sentence; and

WHEREAS, House Bill 1639 and Senate Bill 1844, currently pending in the Tennessee General Assembly, would prohibit defendants from entering a plea agreement after the second felony conviction, and establishes the specific portion of the sentencing range that must be applied on and after the second, third, and fourth felony convictions; and

Whereas Senate Bill 925 by Senator Stanley and House Bill 612 by Representative Deberry would change the classification for committing an aggravated robbery with a firearm from a Class "B" to a Class "A" felony, essentially doubling the sentence; and

WHEREAS, on February 22, 2009, an ex-convict who received a six-year sentence just last month for a felony cocaine conviction chased down and shot his estranged girlfriend in Madison, Tennessee; and

WHEREAS, this is just one example of many where convicted felons have committed violent crimes upon being released from incarceration; and

WHEREAS, Chief of Police Ronal Serpas has repeatedly called on state government to address Tennessee’s sentencing laws; and

WHEREAS, in the interest of public safety, it is fitting and proper that the State of Tennessee impose mandatory sentencing for felony offenses.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to impose mandatory sentences for felony criminal offenses without eligibility for parole, and that the Delegation support the passage of Senate Bill 925 and House Bill 612 to better protect Nashvillians from convicted armed robbers.
Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Parker Toler, Phil Claiborne, Karen Bennett, Erik Cole, Lonnell Matthews, Jim Forkum, Tim Garrett, Jim Hodge