NASHVILLE, Tenn. (WTVF) — A bill that would close a loophole in Tennessee law for those with mental health issues will now have to find funding.
HB 1640 would mean those deemed incompetent by a court could face inpatient treatment or continued oversight from the court. The bill would cost Tennessee at least $2 million a year. Though it has bipartisan support, this bill wasn't originally outlined in the governor's budget.
The bill is now searching for funding, otherwise known as going behind the budget.
NewsChannel 5 has followed incompetency and the court system since the death of a Belmont student in 2023. In that research, Lucy Fullerton's name was found, showing that the state has dealt with this issue for more than 50 years.
The case of Jillian Ludwig: She's now the face of legislation. What the family of Jillian Ludwig want you to know.
"It's important that we remember her. Bridging the gap from 1970 to today," said William Lamberth, R-Portland. He is sponsoring the bill as the House Majority Leader. "Literally, we have Ms. Lucy Fullerton who was murdered in 1970. And here we are in 2024 dealing with the Jillian Ludwig family — their daughter killed last year. Look y'all, we gotta do more on this."
Fullerton was attending Tennessee Tech when she was murdered in 1970 by a man who was deemed incompetent. The case was eventually dismissed.
The case of Lucy Fullerton: Belmont student not the only one caught in Tennessee's mental incompetency loophole
As written, HB 1640 would mean a person facing criminal charges who was deemed not competent to stand trial by a judge would be sent to a mental health facility and the individual would not be able to possess or purchase firearms. That person would have to continue outpatient treatment that the court keeps tabs on, according to an amendment passed by the House Criminal Justice Committee.
Lawmakers said they would work to get this funded. That will be determined later in the legislative session.
Fostering Hope provides Christmas for kids in foster care. I'm delighted to see Fostering Hope expand this year to expand their reach to now include kids in Foster care in metro AND foster kids in East TN hard hit by Helene.
-Bree Smith
