NASHVILLE, Tenn. (WKRN) — Two months after a stray bullet killed Belmont University student Jillian Ludwig, new legislation is in the works that could save lives.
Ludwig's alleged killer had just left prison when she was shot dead due to an apparent loophole in mental health laws. He had been ruled mentally incompetent to stand trial in another shooting incident, but he was released because his condition was not severe enough to be committed to a mental health facility.
Now, Nashville District Attorney Glenn Funk is working with Republican lawmakers to prevent something like this from happening again. Funk and the Republican Legislature have been at odds for years, but after Ludwig's death, there appears to be bipartisan agreement to change Tennessee's mental health laws. One deals with people who have been found incompetent to stand trial.
“Competence means 'not understanding the criminal justice process,'” Funk said. Many of these people are born with cognitive delays. Some of them have suffered traumatic brain injuries. ”
The new bill would require people found incompetent in court to be treated the same as people found not guilty by reason of insanity.
“Until an involuntary offense occurs and a doctor determines that the person is safe to be released, the person will be placed in a support system that deals with people with these types of cognitive and mental health problems. You’re going to be let in.’ The community,” Funk said. “The second part of this law, which is also important, prevents people from possessing weapons who have already been judicially determined to be incapacitated and proven to be incompetent by doctors who have reported to the court. It is already a law that convicted felons cannot possess weapons, which essentially reflects a restriction on Second Amendment rights.”
Another bill would force states to pay for mental health exams required in misdemeanor cases, as they did a few years ago. This could help people get the help they need before they commit more serious crimes. State leaders said the goal is not only to fill gaps in the system by providing aid to those in need, but also to save lives.
You can watch Nashville District Attorney Glenn Funk's full interview with Bob Mueller this week on Saturday, January 27th at 6pm and Sunday, January 28th at 11pm.
