There is an attack on our constitutional rights as it relates to DUI cases continue in Tennessee. A new law goes in effect on January 1, 2011 which creates a host of issues. Here’s the new law ;
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-11-118(a), is amended by adding the following at the end of the existing language: If the defendant has one or more prior convictions for
§ 55-10-401, § 39-13-106 or § 39-13-213(a)(2),
the defendant shall not be released unless the court first determines he or she is not a danger to the community.
The court may consider the use of monitoring devices to eliminate danger to the community including, but not limited to:
(1) Ignition Interlock devices;
(2) Transdermal monitoring devices or other alternative alcohol monitoring devices;
(3) Electronic monitoring with random alcohol or drug testing; or
(4) Pretrial residency in an in-patient alcohol or drug rehabilitation center.
SECTION 2. Tennessee Code Annotated, Section 40-11-148, is amended by designating the existing language as subsection
(a) and by adding the following as a new subsection:
(b) If a defendant has been admitted to and released on bail for a violation of
§ 55-10-401, § 39- 13-106 or § 39-13-213(a)(2) and commits any of those crimes after release,
he or she shall be considered a danger to the community. He or she shall not be released with another bail unless the court first determines he or she is no longer a danger to the community. The court may consider the use of monitoring devices to eliminate the danger posed including, but not limited to:
(1) Ignition Interlock devices;
(2) Transdermal monitoring devices or other alternative alcohol monitoring devices;
(3) Electronic monitoring with random alcohol or drug testing; or
(4) Pretrial residency in an in-patient alcohol or drug rehabilitation center.
SECTION 3. This act shall take effect January 1, 2011, the public welfare requiring it.