Correspondence from Williams to Winters Re: Senate Bill 741

Correspondence
May 1, 1985

Cite this item

Correspondence from Williams to Winters Re: Senate Bill 741 preview

4 pages

Document text

The following text has been generated automatically during the document scanning process. It may contain errors, omissions, or incorrect formatting. Please refer to the PDF document if this text is not usable.

Download

By downloading, publishing, or reusing the Materials outside of the Website, you hereby confirm and attest that you have read and agree to the LDF Archival Collection Terms of Use linked below. We draw your attention to the following:

For those Materials owned by LDF, your use of the Material outside the Site is solely for one or more of the following (the “Permitted Purposes”):

Non-commercial research and private study;
Teaching, scholarship and instruction (including distance learning);
Non-commercial print and non-commercial online use;
Criticism, comment or news reporting; or
For people with visual disabilities (See Section 121 of the Copyright Act).
For those Materials not owned by LDF you understand that:
- It is your responsibility to determine whether the way you plan to use the materials falls within the copyright exception of Fair Use.
- For any use outside of Fair Use, it is your responsibility to seek and obtain all required permissions from any existing rights holders.

LDF hereby grants you the right to use LDF owned Materials for the Permitted Purposes without seeking further permission from LDF.

If you publish or redistribute any Materials (including excerpts and quotes), you must include a credit line and/or proper citation to the source of the Material. However, you may not use the name of LDF in any manner which creates any false association between you and LDF or that incorrectly implies any sponsorship or endorsement of you by LDF.

NOTICE: Uses that do not comply with these Terms or that do not fall under Fair Use (or another exception) may make you liable for copyright infringement.

Read the full LDF Archival Collection Terms of Use Here.

I agree to the terms and conditions for use of this content.

If you would like to use this content in other ways, contact us at .

Impact area
- Criminal Justice
Topic
- Police Accountability
LDF Attorneys
Cooperating Attorneys
Organization
- LDF
Matter
- Garner v. Memphis Police Department
Case
- Garner v. Memphis Police Department
U.S. state
- Tennessee
Collection
- Case Files
Taxonomy
Identifier
- 3ebdca0c-35a8-f011-bbd3-000d3a53d084

Cite this item

Case Files, Garner Working Files. Correspondence from Williams to Winters Re: Senate Bill 741, 1985. 3ebdca0c-35a8-f011-bbd3-000d3a53d084. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/3e42b133-9739-410b-a6a6-9f66b29c2c4a/correspondence-from-williams-to-winters-re-senate-bill-741. Accessed June 25, 2026.

Copied!

    AVON N. WILLIAMS, JR.
SENATOR

203-and AVENUE NORTH 
NASHVILLE, TENNESSEE 37201

LEGISLATIVE OPnCE 
SUITE 6, LEGISLATIVE PLAZA 
NASHVILLE, TENNESSEE 3721B 

PHONE 741-32S4

Senate (Eiinmbev
of Ŵ enncBBee

CHAIRMAN
STATE AND LOCAL GOVERNMENT

MEMBER OF COMMITTEES 
EDUCATIOM 
JUDICIARY

NASHVILLE

May 1, 1985

Steve Winters, Esquire 
7o Mr. Oscar Adams 
2000 1st Avenue North 
Birmingham, Alabama 55203
Dear Attorney Winters:

Pursuant to our conversation today, I am enclosing copies 
of Senate Bill 741 sponsored by Sen. Edward Davis, Senate 
Bill 1056 sponsored by Sen. Steve Cohen, and Senate Bill 1058 
sponsored by me. Also enclosed are summaries for each bill 
and an amendment to Senate Bill 741 which virtually rewrites 
same.

I would appreciate your careful perusal and immediate 
comments.

With best regards.

Very truly yours,

Avon N. BvFilliams, Jr.

ANI'J: va



'IH-I -  Dc.v>i

[
Freflled f' ...m  on 2/7/85

HOUSE BILL NO. 417 
by

Drew

AN ACT to amend Tennessee Code Anno
tated, Section 40-7-108, 
relative to the use of deadly 
force by an arresting officer.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: 
SECTION 1. Tennessee Code Annotated, Section 40-7-108, 

is amended by adding the following language at the end of the 
section:

The foregoing shall constitute the only conditions 
wherein a law enforcement officer may use deadly force in 
effecting an arrest and even under those conditions such 
deadly force may be used only:

(1) When the officer has reasonable cause to 
believe such force is necessary to prevent loss of 
life or serious bodily injury to himself, or another 
individual.

(2) When the officer has reasonable cause to 
believe that a felony offense against the person 
involving the actual or threatened use of physical 
force has been or is being caimitted, and specifically includes 
a suspected felon who is in the perpetration of or

45055cl



fleeing such offense. Such offenses shall Include, 
but are not limited tot any degree of murder, man
slaughter, mayhem, rape, any degree of criminal 
sexual assault, robbery, felonious assault, arson, 
kidnapping, or any degree of burglary or any attempt 
to commit or attempt to commit any of the included 
offenses.

In the enumerated instances when use of deadly 
force is permitted, the officer cannot be justified 
in using such force if other reasonable means of 
apprehension and control were available to him in 
effecting the arrest.

SECTION 2. This act shall take effect upon becoming a law, 
the public welfare requiring it.

u

45055c



^ 9

FISCAL NOTE

TO: Chief Clerk of the Senate
Chief Clerk of the House

FROM: Donald L. Morton, Executive Director
Fiscal Review Committee

DATE: March 12, 1985
SUBJECT: House Bill 417 - Senate Bill 741

This bill, if enacted, is estimated to have 
minimal fiscal impact and, therefore, can be implemented 
within the existing level of funding.

This is to duly certify that the information 
contained herein is true and correct to the best of 
my knowledge.

Donald L. .Morton 
Executive Director

HOUSE BILL 417 - SENATE BILL 741

Copyright notice

This collection and the tools to navigate it (the “Collection”) are available to the public for general educational and research purposes, as well as to preserve and contextualize the history of the content and materials it contains (the “Materials”). Like other archival collections, such as those found in libraries, LDF owns the physical source Materials that have been digitized for the Collection; however, LDF does not own the underlying copyright or other rights in all items and there are limits on how you can use the Materials. By accessing and using the Material, you acknowledge your agreement to the Terms. If you do not agree, please do not use the Materials.

Additional info

To the extent that LDF includes information about the Materials’ origins or ownership or provides summaries or transcripts of original source Materials, LDF does not warrant or guarantee the accuracy of such information, transcripts or summaries, and shall not be responsible for any inaccuracies.

Correspondence from Williams to Winters Re: Senate Bill 741

Impact area

Topic

LDF Attorneys

Cooperating Attorneys

Organization

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

Additional info

You may also be interested in