SUBSTITUTE ORDINANCE NO. BL2008-214

WHEREAS, Tennessee Code Annotated § 40-24-109 provides that county legislative bodies may elect to establish or provide funding for a program to assist victims of crime and their families, and authorizes the court clerks to collect a “victims assistance assessment” in the sum of forty-five dollars ($45.00) from any person convicted of a criminal offense; and

WHEREAS, the types of programs that can be funded pursuant to Tennessee Code Annotated § 40-24-109 include “rape crisis centers, domestic violence shelters, victim of crime hotlines and information programs, individual, group and family counseling services, crisis intervention programs, support groups and other similar programs designed to assist victims of crime, their families or survivors”; and

WHEREAS, Tennessee Code Annotated § 40-24-109(b)(1) requires county legislative bodies electing to fund an existing victims assistance program to specifically designate the program for which the assessment will be used; and

WHEREAS, Tennessee Code Annotated § 40-24-109(g)(1) requires that the first three dollars ($3.00) of the victims assistance assessment be paid to the criminal court clerk, and the remaining forty-two ($42.00) be used for the victims assistance program designated by the county legislative body to receive the funds; and

WHEREAS, CASA, Inc. (Court Appointed Special Advocate) of Nashville is an organization that provides trained community volunteers to advocate for abused and neglected children in court; and

WHEREAS, the Mary Parish Center is a non-residential program that provides access to an array of services for domestic/sexual violence victims and their children; and

WHEREAS, the YWCA Domestic Violence program provides a crisis and information hotline, as well as confidential shelter for victims of domestic violence

WHEREAS, it is in the best interest of the citizens of Nashville and Davidson County that the Metropolitan Council, in accordance with the provisions of Tennessee Code Annotated § 40-24-109, authorize the collection of the victims assistance assessment, and designate CASA, Inc., the Mary Parish Center, and the YWCA Domestic Violence Program as the programs for which the assessment will be used.

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

Section 1. That Chapter 5.16 of the Metropolitan Code is hereby amended by adding the following new Section 5.16.070:

"5.16.070 Victims assistance assessment.
A. In accordance with the provisions of Tennessee Code Annotated § 40-24-109, a forty-five dollar ($45.00) victims assistance assessment shall be collected by the Davidson County Criminal Court Clerk from any person who:
1. Enters a plea of guilty;
2. Is found guilty by a judge or jury;
3. Enters a plea of nolo contendere;
4. Enters a plea, pursuant to any of the diversionary sentencing statutes, to any criminal offense described in subsection B. of this section;
5. Is found guilty, or enters a plea of guilty or nolo contendere, to the offense of attempting or conspiring to commit any offense described in subsection B. of this section; or
6. Is found to be criminally responsible as principal for the commission of any offense described in subsection B. of this section.
B. Except as provided in subsection C. of this section, the victims assistance assessment shall apply to any conduct made criminal by the laws of this state.
C. The victim assistance assessment shall not apply to:
1. Crimes for which the law imposes, as a maximum possible punishment, a fine of less than five hundred dollars ($500) and no imprisonment; and
2. Violations of the motor vehicle laws, except driving under the influence of an intoxicant as prohibited by Tennessee Code Annotated § 55-10-401, or reckless driving as prohibited by Tennessee Code Annotated § 55-10-205, where the reckless driving was proximately caused by the use of an intoxicant.
D. Whether a person convicted of a crime is exempted from payment of the assessment imposed by this section shall be determined by the offense for which such person was convicted and the maximum possible sentence authorized by law for the offense, rather than the sentence the person actually receives.
E. CASA, Inc. (Court Appointed Special Advocate) of Nashville, Tennessee, the Mary Parish Center, and the YWCA Domestic Violence program are hereby designated as the victims assistance programs to be funded by the victims assistance assessment established pursuant to this section.
F. The victims assistance assessment authorized by this section shall be in addition to all other taxes, costs, and fines. The first three dollars ($3.00) of each assessment shall be retained by the Davidson County Criminal Court Clerk to defray processing and handling costs. The remaining forty-two dollars ($42.00) shall be disbursed as follows:
1. Twenty-one dollars ($21.00) shall be transmitted to CASA, Inc., to defray the costs of providing the services to victims of crime designated by the program’s mission statement and guidelines.
2. Ten dollars and fifty cents ($10.50) shall be transmitted to the Mary Parish Center to defray the costs of providing the services to victims of crime designated by the program’s mission statement and guidelines.
3. Ten dollars and fifty cents ($10.50) shall be transmitted to the YWCA Domestic Violence program to defray the costs of providing the services to victims of crime.

Section 2. The victims assistance assessment established pursuant to the provisions of Section 1 of this ordinance shall become effective thirty (30) days after the enactment of this ordinance.

Section 3. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Mike Jameson, Erik Cole