Tennessee’s New Halo Law

By Meg Parent

On May 9, 2025, Tennessee Governor Bill Lee signed the Protecting Everyone Against Crime and Extremism Act (PEACE Act).[1] This Act has stirred up significant discourse, getting pushback on the Tennessee House floor from key representatives of the Democratic party, Justin Jones (D-Nashville) and Justin Pearson (D-Memphis).[2] The halo provision of the PEACE Act, which creates a “halo” or buffer between law enforcement and the public during active investigations, is particularly controversial. The aim of this provision is something many Tennesseans would likely support. So why is it controversial? Because the provision will likely make it more difficult for everyday Tennesseans to hold law enforcement accountable.

The Statute

On July 1, 2025, Tennessee’s Halo Provision became effective, and Tennessee joins Florida,[3] Louisiana,[4] and Indiana[5] on the list of states that require individuals to remain 25 feet away from law enforcement during active investigations. Tennessee’s new Halo Provision found in Chapter 39 Title 16 Section 6 states:

(a) A person commits an offense who intentionally approaches, within twenty-five feet (25′), a law enforcement officer after the officer has ordered the person to stop approaching or to retreat and the officer is lawfully engaged in the execution of official duties involving:

(1) A lawful traffic stop;

(2) An active investigation of the scene of an alleged crime; or

(3) An ongoing and immediate threat to public safety.

(b) It is an affirmative defense to a violation of subsection (a) that the lawful order was not received or understood by the person and was not capable of being received or understood under the conditions and circumstances that existed at the time of the issuance of the order.

Individuals convicted of Class B misdemeanors are subject to “not greater than six (6) months or a fine not to exceed five hundred dollars ($500), or both.”[7]

Inhibits Accountability

Prior to the Halo Provision’s passing, the ACLU warned that the provision places dangerous limits on the public’s ability to hold law enforcement accountable.[8] While the law includes an exception for individuals who did not hear or understand an officer’s command, it completely lacks exceptions for passive bystanders and the media.

The ACLU pointed out, as did Representative Aftyn Behn (D-Nashville) on the House floor, that had such a law been in place in Minnesota when George Floyd was murdered, those filming the event would not have been able to get the footage that became essential to holding Officer Derek Chavin accountable.[9] On the House floor, Representative Pearson stated:

While I would like to believe as many folks would that officers of the law are always doing a great job and doing things perfectly, that isn’t true. And it has often been regular people who continue to shine a light on the unjust practices that we see happen against citizens, particularly poor people, and people of color, black folks in this country.[10]

As both Representatives iterated, one of the most powerful checks on law enforcement and the government are everyday people.

High Likelihood of Abuse

Tennessee’s Halo Provision is also problematic because it gives law enforcement too much discretion. In an article by NPR reviewing other state’s buffer laws, NPR explains that “[c]ritics of buffer zone laws say police can already arrest people for obstructing their work; but if a state codifies a specific distance, it may give police reason to arrest people who are just passively observing them.”[11] To illustrate this, NPR recalls when Miami Beach passed an ordinance that created a 20-foot buffer zone in 2021.[12] According to AP, local law enforcement stopped enforcing the ordinance just over a month after it passed due to public outcry.[13] The data provided by the department indicated that 13 individuals were arrested under the ordinance, all of whom were black and eight of whom were recording law enforcement.[14]

Is It Even Enforceable?

Additionally, as Representative Pearson pointed out on the Tennessee House floor, who is measuring the 25-foot zone?[15] When an officer demands a bystander get back 25 feet, is the bystander expected to gauge the proper distance? If the officer believes the bystander is too close, are they supposed to stop the investigation and count 25 feet before they can arrest the individual? The answers to these questions are unclear. In an attempt to provide guidance to law enforcement and Tennesseans, legislators have likely created more procedural confusion.

Moving Forward

Spreading the word about Tennessee’s new Halo Provision is incredibly important for Tennessee residents, given the country’s current political climate. The country has seen an increase in protests, such as the “No Kings” Day protests that took place on June 14, 2025, and included over 5 million people.[16] These protests increase citizen interactions with law enforcement and have the potential to create situations where the new Halo Provision will be implemented. As a result, this law will likely face more scrutiny. When that happens, I hope Tennessee legislators reflect on the words Representative Pearson said just prior to the passing of the PEACE Act:

You can’t legislate from the point of privilege; you legislate from the point of pain for the people who are most marginalized and, who are struggling and who are facing the negative consequences or the unintended consequences of decisions. And so, while on its face, this legislation might look like the right thing to do to take power away from folks, the reality is we have to view what can go wrong. And the silencing of voices the stopping of certain recordings will silence communities that need our protection and support more than ever before.[17]

[1] H.B. 55, 114th Gen. Assemb., Reg. Sess. (Tenn. 2025).

[2] Tenn. House Floor Session Feb. 15, 2025 at 1:21:18, 114th Gen. Assemb., Reg. Sess. (2025) (remarks of Reps. Jones and Pearson on H.B. 55), https://tnga.granicus.com/player/clip/31982?view_id=775&redirect=true.

[3] Fla. Stat. § 843.31 (2025).

[4] La. Rev. Stat. Ann. § 14:109 (2025).

[5] Ind. Code Ann. § 35-44.1-2-15 (2025).

[6] 2025 Tenn. Pub. Acts ch. 409.

[7] Tenn. Code Ann. § 40-35-111(e)(2) (2025).

[8] Fight For Justice: Stop Expanded Police Powers And Protect Community Rights, ACLU Tenn., https://www.aclu-tn.org/en/legislation/fight-justice-stop-expanded-police-powers-and-protect-community-rights (last visited Jun 21, 2025).

[9] Tenn. House Floor Session Feb. 15, 2025 at 1:18:20, 114th Gen. Assemb., Reg. Sess. (2025) (remarks of Rep. Aftyn Behn on H.B. 55), https://tnga.granicus.com/player/clip/31982?view_id=775&redirect=true.

[10] Id.

[11] Martin Kaste, When Police Say ‘Stand Back,’ These States Say How Far, NPR (Aug. 13, 2024, 11:46 AM), https://www.npr.org/2024/08/10/nx-s1-5064654/when-police-say-stand-back-these-states-say-how-far.

[12] Id.

[13] Miami Beach Suspends Law Used Against People Filming Police, AP News (Aug. 21, 2021, 2:43 PM), https://apnews.com/article/laws-ac2bf65321f5c312ef3162fd53973eed.

[14] Id.

[15] Tenn. House Floor Session Feb. 15, 2025 at 1:21:18, 114th Gen. Assemb., Reg. Sess. (2025) (remarks of Rep. Pearson on H.B. 55), https://tnga.granicus.com/player/clip/31982?view_id=775&redirect=true.

[16] Samantha Neely, How Many People Protested on ‘No Kings’ Day? What We Know, USA Today (June 17, 2025), https://www.usatoday.com/story/news/2025/06/17/no-kings-protests-donald-trump-army-parade-riots-alcu-estimates/84234672007/.

[17] Tenn. House Floor Session Feb. 15, 2025 at 1:21:18, 114th Gen. Assemb., Reg. Sess. (2025) (remarks of Rep. Pearson on H.B. 55), https://tnga.granicus.com/player/clip/31982?view_id=775&redirect=true.

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