Tennessee General Assembly passes 'Jillian's Law' in honor of slain Belmont student
The Tennessee General Assembly on Monday voted to block criminal defendants who are deemed mentally incompetent and unable to stand trial from legally buying or possessing a gun, legislation sparked by the shooting death of Belmont University student Jillian Ludwig last year.
The bill would also require the criminal defendant found incompetent for mental health or intellectual disability reasons to be committed to a facility for mental health treatment.
Ludwig, a Belmont University freshman, was killed by a stray bullet fired by Shaquille Taylor, who had previously been deemed incompetent to stand trial for another violent crime but did not meet the standards for involuntary commitment.
"Under the current law, we let them walk right out the door of the jail or the courthouse to go out there and endanger our streets. It is not right. We have the option to change that today," House Majority Leader William Lamberth, R-Portland, said.
A judge must consider evidence to determine if an individual is not competent to assist in their defense. A finding of incompetency would mandate in-patient treatment and later, if a person is released, outpatient treatment.
"If this bill had been on the books a year ago, many of you probably would have never heard the name Jillian Ludwig, because she'd still be in school in Belmont," Lamberth said.
Ludlow's parents and siblings joined a group of Jillian's Belmont classmates in both the House and Senate for the bill vote, while the House also passed a resolution honoring Ludwig sponsored by Rep. Ryan Williams, R-Cookeville.
"This bill is being named in your daughter's honor because like you we want to extend her legacy and make sure other families in this state don't ever have to experience the pain you have," Williams said. "Jillian was a beacon of light in her community."
Though the bill received bipartisan passage, the bill discussion briefly grew heated when Rep. Bo Mitchell, D-Nashville, criticized Republicans for not doing more to staunch access to firearms, such as supporting a red flag law or mental health gun purchase waiting period.
Rep. Gloria Johnson, D-Knoxville, questioned Lamberth if there were adequate state facilities to treat intellectually disabled individuals deemed mentally incompetent, or if those individuals might languish in jails awaiting placements.
"Currently, in the state of Tennessee, it's impossible to find placement or places for those who are intellectually disabled," Johnson said. "The fear of them just locked up in the jail without the services they need is a concern."
Lamberth pointed out Gov. Bill Lee's budget proposal includes $2.1 million to fund the legislation, though he said he's "not willing" to wait to take action, though he shares concerns that those deemed mentally incompetent receive the correct services.
"We have got to force this conversation," Lamberth said. "We have to say, 'Look, these folks are either going to be incarcerated or in in-patient treatment.'"
No House members voted against the bill, but Johnson joined Reps. Justin Jones, D-Nashville, Justin Pearson, D-Memphis, and Aftyn Behn, D-Nashville, declined to vote on the bill.
Meanwhile, Senators passed the bill on Monday in a vote of 28 to 0. Sen. London Lamar, D-Memphis, declined to vote on the bill.
Sponsor Sen. Jon Lundberg, R-Bristol, said the bill is aimed at “getting people the help they need.”
Sen. Heidi Campbell, D-Nashville, applauded the sponsors, but noted that there are currently only four beds available in the statement for commitment required by the bill.
“This is the first time that I know of that we’ve actually addressed gun violence in this state,” Campbell said. “I want to make sure this is effective … The concern is whether or not we’ll be actually able to fulfill this legislation effectively.”
Vivian Jones contributed to this report.
This article originally appeared on Nashville Tennessean: TN legislature passes 'Jillian's Law' in honor of slain Belmont student
