Tennessee bill could criminalize approaching within 25 feet of police

From Local 3 News: A new Tennessee bill is drawing criticism over a provision that would make it a misdemeanor to approach a police officer within 25 feet after being told to stop.

Section 5 of House Bill 55 would make it a Class B misdemeanor to “intentionally approach, within twenty-five feet (25’), a law enforcement officer” after the officer has ordered the person to stop or retreat. The restriction would apply when officers are conducting a traffic stop, investigating a crime scene, or responding to a public safety emergency.

Supporters say the measure is intended to protect law enforcement officers from distractions and interference while they carry out their duties.

But critics argue that the bill could infringe on constitutional rights, particularly when it comes to recording police actions in public — a practice that has played a critical role in exposing misconduct.

“If that young woman hadn’t been close enough to record what happened to George Floyd, who knows if justice ever would’ve been served,” said one Hamilton County resident who attended a recent community meeting. “This law could stop that.”

Former Hamilton County District Attorney Neal Pinkston expressed similar concerns, saying the bill could be used to arrest citizens who are doing nothing more than documenting public encounters.

“You could be someone just recording, minding your own business — and an officer, under this statute, could decide you’ve violated the law and arrest you for it,” Pinkston said.

There is no exemption in the bill for members of the press or legal observers. The law also does not require officers to repeat a warning — only that it be issued once.

The legislation does provide an affirmative defense, meaning someone accused of violating the rule can argue they couldn’t reasonably hear or understand the officer’s command. However, Pinkston noted that this defense comes only after an arrest has already been made.

“Police can record us anywhere, and there are no limits on how close they can get,” Pinkston said. “It levels the playing field if citizens are given the same right to record them.”
Some residents said the proposal makes them hesitant to step in or document potential misconduct out of fear of legal consequences.

“Yeah… it would kind of scare me,” one said.

If passed and signed into law, the 25-foot restriction would go into effect July 1, 2025.