Tennessee "Strangulation bill" One Step From Law

May 26, 2011
By Brittany Bailey

A new state bill could mean harsher penalties for certain domestic violence crimes.

The so-called "strangulation" bill passed the Tennessee Senate by a 29-0 vote, while state representatives approved it 83-0.

"It will save money, it will save lives, and the impact that domestic violence has on children and what it does to a child over the course of their life is really one of those issues that we need to deal with, and I think this bill strikes at the heart of that, making sure that our law enforcement officers and our attorneys general have the tools that they need to prosecute these perpetrators of violence," said Sen. Jamie Woodson, R-Knoxville, who sponsored the bill in the senate, while Rep. Ryan Haynes, R-Knoxville, sponsored the bill in the house.

Those leaders came together with members of law enforcement and advocates against domestic violence on Thursday at the Family Justice Center to celebrate the passage of the bill.

"What used to happen is that we'd have a victim who'd come in, where a spouse, a lover, or somebody in a domestic situation had choked her to the point she had passed out, and then we have to say, 'well now, ma'am, that's only a misdemeanor in our state and really there are very little consequences on this,' and she'd say, 'I almost died,' and that's all you can do, and so, now, it's a different story," said Knox County District Attorney General Randy Nichols.

"I know as a woman that's been through it, just several times, knowing that all he would get was just a slap on the hand and I would have to go through all the courts and the different situation and facing him and having to go through all of it and live it all over again, it was kind of like, why do it, but now that it's a felony, now that it's something that's going to matter, to most women, this is a big change, this is the most amazing thing is to know that now there is something going to happen to these men," she said.

Local leaders say Gov. Bill Haslam is expected to sign the bill into law. If he does, it would take effect July 1.

After that, the crime of choking in Tennessee would fall under the aggravated assault category and become a felony crime, which would carry a sentence of between three and six years upon conviction.

"We have to tell you that, when you lay hands on people, there are consequences, and this does it in a very good way, we think," Nichols said. "This is a way we can work with, I think that we'll be able to deal with these offenders, and we'll be able to offer some solace and some help to victims now."

Advocates point to several statistics about domestic violence to support the legislation:

- According to the National Institutes of Health, a victim who has been choked at least once during the course of an abusive relationship is seven times more likely to be murdered.

- Tennessee ranks fifth in the nation for women who are killed by men, according to a 2008 report by the Violence Policy Center.

- The Tennessee Bureau of Investigation reports that half of all crimes against people in the state are domestic violence crimes.

- According to the TBI, two people were killed by domestic violence in 2009, while seven died in 2008 and nine people were killed in 2007