Tenn. Code Ann. § 40-6-201 — TN Code / Title 40 / Chapter 6 / Section 40-6-201
"Warrant of arrest" defined
Status: in_force

A warrant of arrest is an order, in writing, stating the substance of the complaint, directed to a proper officer, signed by a magistrate, and commanding the arrest of the defendant. Code 1858, § 5023; Shan., § 6982; Code 1932, § 11521; T.C.A. (orig. ed.), § 40-706.
A warrant of arrest is an order, in writing, stating the substance of the complaint, directed to a proper officer, signed by a magistrate, and commanding the arrest of the defendant.
Code 1858, § 5023; Shan., § 6982; Code 1932, § 11521; T.C.A. (orig. ed.), § 40-706.
Tenn. Code Ann. § 40-35-104 — TN Code / Title 40 / Chapter 35 / Section 40-35-104
Sentencing alternatives
Status: in_force

(a) A defendant convicted of a felony or a misdemeanor in this state shall be sentenced in accordance with this chapter. (b) (1) A defendant who is convicted of a felony after November 1, 1989, and who is sentenced to a total sentence of at least one (1) year but not more than three (3) years, shall not be sentenced to serve the sentence in the department of correction, if the legislative body for the county from which the defendant is being sentenced has either contracted with the department, or has passed a resolution that expresses an intent to contract for the purpose of housing convicted felons with such sentences. If the sentencing court concludes that incarceration is the appropriate sentencing alternative, the defendant must be sentenced to the local jail or workhouse and not to the department. (2) A defendant who is convicted of a felony after November 1, 1989, and who is sentenced to at least one (1) year but not more than six (6) years, shall not be sentenced to serve the sentence in the department of correction if the defendant is being sentenced from a county with a population of not less than four hundred seventy-seven thousand eight hundred eleven (477,811), according to the 1980 federal census or any subsequent federal census, and the legislative body for the county has contracted with the department or has passed a resolution that expresses an intent to contract for the purpose of housing convicted felons with such sentences. If the sentencing court concludes that incarceration is the appropriate sentencing alternative, the defendant must be sentenced to the local jail or workhouse and not to the department. (c) The following sentencing alternatives in any appropriate combination are authorized for defendants otherwise eligible under this chapter: (1) Payment of a fine either alone or in addition to any other sentence authorized by this subsection (c); (2) Payment of restitution to the victim or victims either alone or in addition to any other sentence authorized by this subsection (c); (3) A sentence of confinement that is suspended upon a term of probation supervision that may include community service or restitution, or both; (4) A sentence of periodic confinement that may be served in a local jail or workhouse in conjunction with a term of probation; (5) A sentence of continuous confinement to be served in a local jail or workhouse in conjunction with a term of probation; (6) A sentence of continuous confinement in a local jail or workhouse; (7) Work release in accordance with § 40-35-315 ; (8) A sentence of continuous confinement in the department of correction if the conviction is for a felony and the sentence is at least one (1) year, unless: (A) The sentence is prohibited by subsection (b); or (B) The defendant is convicted of a violation of § 39-14-103 , involving property valued at less than two thousand five hundred dollars ($2,500), and the defendant is sentenced as an especially mitigated offender as defined in § 40-35-109 or a standard offender as defined in § 40-35-105 ; or (9) A community-based alternative to incarceration as a condition of probation, such as participation in a day reporting center program, a recovery and treatment program, or another appropriate community-based program. A defendant may be ordered to participate in a recovery and treatment program only if such a program is indicated by the results of a clinical assessment. (d) This chapter does not deprive a court of any authority conferred by law, including, but not limited to, § 40-35-313 , to decree a forfeiture of property, suspend or cancel a license, remove a person from office or impose costs and other monetary obligations if specifically authorized by law. (e) This chapter does not prevent a court from imposing a sentence of death specifically authorized by law. (f) The court shall strongly consider utilizing available and appropriate sentencing alternatives for any defendant who, as appropriately documented, including through a validated risk and needs assessment under § 40-35-207(a)(10) , has a behavioral health need, such as a mental illness as defined in § 33-1-101 , or is chemically dependent as defined in § 16-22-103 . The court has sole discretion whether to utilize available sentencing alternatives under this subsection (f). Amended by 2021 Tenn. Acts, ch. 409, s 10, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 409, s 9, eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 906, s 6, eff. 1/1/2017. Acts 1989, ch. 591, § 6; 1990, ch. 1030, § 36; 1991, ch. 374, §§ 1, 2; 1992, ch. 878, § 2; 1996, ch. 699, § 2.
(a) A defendant convicted of a felony or a misdemeanor in this state shall be sentenced in accordance with this chapter.
(b) (1) A defendant who is convicted of a felony after November 1, 1989, and who is sentenced to a total sentence of at least one (1) year but not more than three (3) years, shall not be sentenced to serve the sentence in the department of correction, if the legislative body for the county from which the defendant is being sentenced has either contracted with the department, or has passed a resolution that expresses an intent to contract for the purpose of housing convicted felons with such sentences. If the sentencing court concludes that incarceration is the appropriate sentencing alternative, the defendant must be sentenced to the local jail or workhouse and not to the department. (2) A defendant who is convicted of a felony after November 1, 1989, and who is sentenced to at least one (1) year but not more than six (6) years, shall not be sentenced to serve the sentence in the department of correction if the defendant is being sentenced from a county with a population of not less than four hundred seventy-seven thousand eight hundred eleven (477,811), according to the 1980 federal census or any subsequent federal census, and the legislative body for the county has contracted with the department or has passed a resolution that expresses an intent to contract for the purpose of housing convicted felons with such sentences. If the sentencing court concludes that incarceration is the appropriate sentencing alternative, the defendant must be sentenced to the local jail or workhouse and not to the department.
(1) A defendant who is convicted of a felony after November 1, 1989, and who is sentenced to a total sentence of at least one (1) year but not more than three (3) years, shall not be sentenced to serve the sentence in the department of correction, if the legislative body for the county from which the defendant is being sentenced has either contracted with the department, or has passed a resolution that expresses an intent to contract for the purpose of housing convicted felons with such sentences. If the sentencing court concludes that incarceration is the appropriate sentencing alternative, the defendant must be sentenced to the local jail or workhouse and not to the department.
(2) A defendant who is convicted of a felony after November 1, 1989, and who is sentenced to at least one (1) year but not more than six (6) years, shall not be sentenced to serve the sentence in the department of correction if the defendant is being sentenced from a county with a population of not less than four hundred seventy-seven thousand eight hundred eleven (477,811), according to the 1980 federal census or any subsequent federal census, and the legislative body for the county has contracted with the department or has passed a resolution that expresses an intent to contract for the purpose of housing convicted felons with such sentences. If the sentencing court concludes that incarceration is the appropriate sentencing alternative, the defendant must be sentenced to the local jail or workhouse and not to the department.
(c) The following sentencing alternatives in any appropriate combination are authorized for defendants otherwise eligible under this chapter: (1) Payment of a fine either alone or in addition to any other sentence authorized by this subsection (c); (2) Payment of restitution to the victim or victims either alone or in addition to any other sentence authorized by this subsection (c); (3) A sentence of confinement that is suspended upon a term of probation supervision that may include community service or restitution, or both; (4) A sentence of periodic confinement that may be served in a local jail or workhouse in conjunction with a term of probation; (5) A sentence of continuous confinement to be served in a local jail or workhouse in conjunction with a term of probation; (6) A sentence of continuous confinement in a local jail or workhouse; (7) Work release in accordance with § 40-35-315 ; (8) A sentence of continuous confinement in the department of correction if the conviction is for a felony and the sentence is at least one (1) year, unless: (A) The sentence is prohibited by subsection (b); or (B) The defendant is convicted of a violation of § 39-14-103 , involving property valued at less than two thousand five hundred dollars ($2,500), and the defendant is sentenced as an especially mitigated offender as defined in § 40-35-109 or a standard offender as defined in § 40-35-105 ; or (9) A community-based alternative to incarceration as a condition of probation, such as participation in a day reporting center program, a recovery and treatment program, or another appropriate community-based program. A defendant may be ordered to participate in a recovery and treatment program only if such a program is indicated by the results of a clinical assessment.
(1) Payment of a fine either alone or in addition to any other sentence authorized by this subsection (c);
(2) Payment of restitution to the victim or victims either alone or in addition to any other sentence authorized by this subsection (c);
(3) A sentence of confinement that is suspended upon a term of probation supervision that may include community service or restitution, or both;
(4) A sentence of periodic confinement that may be served in a local jail or workhouse in conjunction with a term of probation;
(5) A sentence of continuous confinement to be served in a local jail or workhouse in conjunction with a term of probation;
(6) A sentence of continuous confinement in a local jail or workhouse;
(7) Work release in accordance with § 40-35-315 ;
(8) A sentence of continuous confinement in the department of correction if the conviction is for a felony and the sentence is at least one (1) year, unless: (A) The sentence is prohibited by subsection (b); or (B) The defendant is convicted of a violation of § 39-14-103 , involving property valued at less than two thousand five hundred dollars ($2,500), and the defendant is sentenced as an especially mitigated offender as defined in § 40-35-109 or a standard offender as defined in § 40-35-105 ; or
(A) The sentence is prohibited by subsection (b); or
(B) The defendant is convicted of a violation of § 39-14-103 , involving property valued at less than two thousand five hundred dollars ($2,500), and the defendant is sentenced as an especially mitigated offender as defined in § 40-35-109 or a standard offender as defined in § 40-35-105 ; or
(9) A community-based alternative to incarceration as a condition of probation, such as participation in a day reporting center program, a recovery and treatment program, or another appropriate community-based program. A defendant may be ordered to participate in a recovery and treatment program only if such a program is indicated by the results of a clinical assessment.
(d) This chapter does not deprive a court of any authority conferred by law, including, but not limited to, § 40-35-313 , to decree a forfeiture of property, suspend or cancel a license, remove a person from office or impose costs and other monetary obligations if specifically authorized by law.
(e) This chapter does not prevent a court from imposing a sentence of death specifically authorized by law.
(f) The court shall strongly consider utilizing available and appropriate sentencing alternatives for any defendant who, as appropriately documented, including through a validated risk and needs assessment under § 40-35-207(a)(10) , has a behavioral health need, such as a mental illness as defined in § 33-1-101 , or is chemically dependent as defined in § 16-22-103 . The court has sole discretion whether to utilize available sentencing alternatives under this subsection (f).
Amended by 2021 Tenn. Acts, ch. 409, s 10, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 409, s 9, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 906, s 6, eff. 1/1/2017.
Acts 1989, ch. 591, § 6; 1990, ch. 1030, § 36; 1991, ch. 374, §§ 1, 2; 1992, ch. 878, § 2; 1996, ch. 699, § 2.
Tenn. Code Ann. § 40-30-305 — TN Code / Title 40 / Chapter 30 / Section 40-30-305
Court order if probable that results would have resulted in a more favorable verdict or sentence
Status: in_force

After notice to the prosecution and an opportunity to respond, the court may order DNA analysis if it finds that: (1) A reasonable probability exists that analysis of the evidence will produce DNA results that would have rendered the petitioner's verdict or sentence more favorable if the results had been available at the proceeding leading to the judgment of conviction; (2) The evidence is still in existence and in such a condition that DNA analysis may be conducted; (3) The evidence was never previously subjected to DNA analysis, or was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis; and (4) The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice. Acts 2001, ch. 444, § 1; T.C.A. § 40-30-405.
After notice to the prosecution and an opportunity to respond, the court may order DNA analysis if it finds that:
(1) A reasonable probability exists that analysis of the evidence will produce DNA results that would have rendered the petitioner's verdict or sentence more favorable if the results had been available at the proceeding leading to the judgment of conviction;
(2) The evidence is still in existence and in such a condition that DNA analysis may be conducted;
(3) The evidence was never previously subjected to DNA analysis, or was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis; and
(4) The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-405.
Tenn. Code Ann. § 40-12-218 — TN Code / Title 40 / Chapter 12 / Section 40-12-218
Construction of part
Status: in_force

Unless explicitly provided for in this part, nothing in this part shall be construed as repealing or amending any law dealing with the formation, function, duties and responsibilities of the regular grand jury. Acts 1990, ch. 1051, § 1.
Unless explicitly provided for in this part, nothing in this part shall be construed as repealing or amending any law dealing with the formation, function, duties and responsibilities of the regular grand jury.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-22-113 — TN Code / Title 40 / Chapter 22 / Section 40-22-113
Supervision by state parole officer
Status: in_force

It is the duty of the probation and parole officer to keep in communication as far as possible with all of the prisoners who are paroled under this chapter, and with their employers. Acts 1915, ch. 135, § 4; Shan., § 7230a15; Code 1932, §11835; impl. am. Acts 1961, ch. 93, § 5; Acts 1979, ch. 359, § 35; T.C.A. (orig. ed.), § 40-3013; Acts 1998, ch. 1049, § 21.
It is the duty of the probation and parole officer to keep in communication as far as possible with all of the prisoners who are paroled under this chapter, and with their employers.
Acts 1915, ch. 135, § 4; Shan., § 7230a15; Code 1932, §11835; impl. am. Acts 1961, ch. 93, § 5; Acts 1979, ch. 359, § 35; T.C.A. (orig. ed.), § 40-3013; Acts 1998, ch. 1049, § 21.
Tenn. Code Ann. § 40-35-309 — TN Code / Title 40 / Chapter 35 / Section 40-35-309
Probation authorized outside jurisdiction of court - Transfer or retention of jurisdiction
Status: in_force

Whenever a court authorizes a defendant sentenced to supervised probation to reside in this state but outside the jurisdiction of the sentencing court, the court may: (1) Retain jurisdiction over the defendant; or (2) Transfer jurisdiction over the defendant to an appropriate court in the jurisdiction in which the defendant will reside. A court to which jurisdiction is transferred shall have the same powers as the sentencing court. Acts 1989, ch. 591, § 6.
Whenever a court authorizes a defendant sentenced to supervised probation to reside in this state but outside the jurisdiction of the sentencing court, the court may:
(1) Retain jurisdiction over the defendant; or
(2) Transfer jurisdiction over the defendant to an appropriate court in the jurisdiction in which the defendant will reside. A court to which jurisdiction is transferred shall have the same powers as the sentencing court.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-33-102 — TN Code / Title 40 / Chapter 33 / Section 40-33-102
Seizure authorized
Status: in_force

(a) A conveyance subject to forfeiture under this part may be seized by the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable upon process issued by any circuit or criminal court having jurisdiction over the property. (b) Seizure without process may be made if the seizure is incident to an arrest or a search under a search warrant. Acts 1977, ch. 81, § 1; 1981, ch. 512, § 4; T.C.A., § 40-4102; Acts 2007, ch. 106, § 1; 2010, ch. 1040, § 1.
(a) A conveyance subject to forfeiture under this part may be seized by the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable upon process issued by any circuit or criminal court having jurisdiction over the property.
(b) Seizure without process may be made if the seizure is incident to an arrest or a search under a search warrant.
Acts 1977, ch. 81, § 1; 1981, ch. 512, § 4; T.C.A., § 40-4102; Acts 2007, ch. 106, § 1; 2010, ch. 1040, § 1.
Tenn. Code Ann. § 40-17-208 — TN Code / Title 40 / Chapter 17 / Section 40-17-208
Witness fees - Failure to testify after coming into state
Status: in_force

If the witness is summoned to attend and testify in this state, the witness shall be tendered compensation for expenses so incurred in accordance with title 24, chapter 4. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If the witness, after coming into this state, fails without good cause to attend and testify, as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state. Acts 1939, ch. 148, § 4; C. Supp. 1950, § 11979.4; Acts 1971, ch. 119, § 1; 1979, ch. 392, § 4; T.C.A. (orig. ed.), § 40-2436.
If the witness is summoned to attend and testify in this state, the witness shall be tendered compensation for expenses so incurred in accordance with title 24, chapter 4. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If the witness, after coming into this state, fails without good cause to attend and testify, as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Acts 1939, ch. 148, § 4; C. Supp. 1950, § 11979.4; Acts 1971, ch. 119, § 1; 1979, ch. 392, § 4; T.C.A. (orig. ed.), § 40-2436.
Tenn. Code Ann. § 40-11-405 — TN Code / Title 40 / Chapter 11 / Section 40-11-405
Rights of trial judges - Appeal from nonapproval of bondsman
Status: in_force

Nothing in this part shall be construed as altering or infringing upon the right of the trial judge to approve bondsmen who are licensed under this part. An appeal from a trial judge's failure to approve a licensed bondsman shall be taken as provided by law. Acts 1996, ch. 856, § 1.
Nothing in this part shall be construed as altering or infringing upon the right of the trial judge to approve bondsmen who are licensed under this part. An appeal from a trial judge's failure to approve a licensed bondsman shall be taken as provided by law.
Acts 1996, ch. 856, § 1.
Tenn. Code Ann. § 40-35-307 — TN Code / Title 40 / Chapter 35 / Section 40-35-307
Probation coupled with periodic confinement
Status: in_force

(a) A defendant receiving probation may be required to serve a specific portion of the sentence in periodic confinement in the local jail or workhouse for up to one (1) year with probation for a period of time up to and including the statutory maximum time for the class of the conviction offense. (b) If the court sentences a defendant to a term of probation involving periodic confinement, it shall specify: (1) The total number of months or days to be served in periodic confinement, which shall not exceed one (1) year or the maximum term authorized for the offense, whichever is less; and (2) The days or parts of days the defendant is to be confined. (c) The court may include in the judgment of conviction suitable provisions to the officer to whose custody the defendant is committed as will ensure that the defendant will be allowed to serve the sentence on nonconsecutive days which may include, but are not limited to, weekends, between hours to be specified in the judgment, which provisions or directions may be revoked, suspended or amended from time to time by the sentencing court until the period of probation begins. (d) The sheriff, warden, superintendent or other official having responsibility for the safekeeping of the defendant in any local jail or workhouse shall adopt procedures for the release of the defendant at the time specified in the order of judgment and for receiving the defendant back into custody at the specified times. Willful failure of the official to comply with the directions of the court constitutes contempt of court, punishable as provided by law for contempt generally. (e) Failure of the defendant to surrender to the custody of the sheriff, warden, superintendent or other official responsible for the defendant's safekeeping in the local jail or workhouse within the time specified in the order of judgment constitutes grounds for the revocation or modification of probation in the discretion of the court. The defendant may elect to serve the defendant's entire sentence of confinement on consecutive days; provided, that a failure to comply with subsection (c) or (d) shall give the court the authority, upon a finding of a violation, to impose a sentence of continuous confinement in a local jail or workhouse or, unless prohibited by § 40-35-104(b) , in the department of correction for the remainder of the full sentence originally imposed. (f) At any time during the period of periodic confinement, the defendant may apply to have the balance of the periodic confinement sentence served on probation without further confinement. The application may be made at no less than two-month intervals. Acts 1989, ch. 591, § 6.
(a) A defendant receiving probation may be required to serve a specific portion of the sentence in periodic confinement in the local jail or workhouse for up to one (1) year with probation for a period of time up to and including the statutory maximum time for the class of the conviction offense.
(b) If the court sentences a defendant to a term of probation involving periodic confinement, it shall specify: (1) The total number of months or days to be served in periodic confinement, which shall not exceed one (1) year or the maximum term authorized for the offense, whichever is less; and (2) The days or parts of days the defendant is to be confined.
(1) The total number of months or days to be served in periodic confinement, which shall not exceed one (1) year or the maximum term authorized for the offense, whichever is less; and
(2) The days or parts of days the defendant is to be confined.
(c) The court may include in the judgment of conviction suitable provisions to the officer to whose custody the defendant is committed as will ensure that the defendant will be allowed to serve the sentence on nonconsecutive days which may include, but are not limited to, weekends, between hours to be specified in the judgment, which provisions or directions may be revoked, suspended or amended from time to time by the sentencing court until the period of probation begins.
(d) The sheriff, warden, superintendent or other official having responsibility for the safekeeping of the defendant in any local jail or workhouse shall adopt procedures for the release of the defendant at the time specified in the order of judgment and for receiving the defendant back into custody at the specified times. Willful failure of the official to comply with the directions of the court constitutes contempt of court, punishable as provided by law for contempt generally.
(e) Failure of the defendant to surrender to the custody of the sheriff, warden, superintendent or other official responsible for the defendant's safekeeping in the local jail or workhouse within the time specified in the order of judgment constitutes grounds for the revocation or modification of probation in the discretion of the court. The defendant may elect to serve the defendant's entire sentence of confinement on consecutive days; provided, that a failure to comply with subsection (c) or (d) shall give the court the authority, upon a finding of a violation, to impose a sentence of continuous confinement in a local jail or workhouse or, unless prohibited by § 40-35-104(b) , in the department of correction for the remainder of the full sentence originally imposed.
(f) At any time during the period of periodic confinement, the defendant may apply to have the balance of the periodic confinement sentence served on probation without further confinement. The application may be made at no less than two-month intervals.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-12-105 — TN Code / Title 40 / Chapter 12 / Section 40-12-105
Notice of grand jury meeting to be posted by court clerk
Status: in_force

(a) The clerk of the court having trial level criminal jurisdiction in each county of this state shall cause to be published, not less than thirty (30) days nor more than forty (40) days before the grand jury meets, the following notice in a newspaper of general circulation in the county: "It is the duty of your grand jurors to investigate any public offense which they know or have reason to believe has been committed and which is triable or indictable in this county. Any person having knowledge or proof that an offense has been committed may apply to testify before the grand jury subject to the provisions of Tennessee Code Annotated, § ____________________. The foreman in this county is presently: [Here list foreman and the foreman's address] "The grand jury will next meet on ____________________, the ______________ day of ____________________, 20____________________, at ______________. You may be prosecuted for perjury for any oral or written statement which you make under oath to the grand jury, when you know the statement to be false, and when the statement touches on a matter material to the point in question." (b) In addition to the other duties required by this section, the clerk shall post a written notice in the form set forth in subsection (a) in a place convenient to the public at the county courthouse. (c) Failure by the clerk to perform the duties required by this section is a misdemeanor and grounds for removal from office. Acts 1978, ch. 727, § 2; 1982, ch. 805, § 1; T.C.A., § 40-1627.
(a) The clerk of the court having trial level criminal jurisdiction in each county of this state shall cause to be published, not less than thirty (30) days nor more than forty (40) days before the grand jury meets, the following notice in a newspaper of general circulation in the county: "It is the duty of your grand jurors to investigate any public offense which they know or have reason to believe has been committed and which is triable or indictable in this county. Any person having knowledge or proof that an offense has been committed may apply to testify before the grand jury subject to the provisions of Tennessee Code Annotated, § ____________________. The foreman in this county is presently: [Here list foreman and the foreman's address] "The grand jury will next meet on ____________________, the ______________ day of ____________________, 20____________________, at ______________. You may be prosecuted for perjury for any oral or written statement which you make under oath to the grand jury, when you know the statement to be false, and when the statement touches on a matter material to the point in question."
"It is the duty of your grand jurors to investigate any public offense which they know or have reason to believe has been committed and which is triable or indictable in this county. Any person having knowledge or proof that an offense has been committed may apply to testify before the grand jury subject to the provisions of Tennessee Code Annotated, § ____________________. The foreman in this county is presently: [Here list foreman and the foreman's address]
"The grand jury will next meet on ____________________, the ______________ day of ____________________, 20____________________, at ______________. You may be prosecuted for perjury for any oral or written statement which you make under oath to the grand jury, when you know the statement to be false, and when the statement touches on a matter material to the point in question."
(b) In addition to the other duties required by this section, the clerk shall post a written notice in the form set forth in subsection (a) in a place convenient to the public at the county courthouse.
(c) Failure by the clerk to perform the duties required by this section is a misdemeanor and grounds for removal from office.
Acts 1978, ch. 727, § 2; 1982, ch. 805, § 1; T.C.A., § 40-1627.
Tenn. Code Ann. § 40-25-120 — TN Code / Title 40 / Chapter 25 / Section 40-25-120
Taxation of final costs to state
Status: in_force

If, on the final disposition of the case, the state is held liable for the costs, the clerk shall tax only the difference between the amount previously collected and the amount due to date of final disposition. Acts 1893, ch. 138, § 3; Shan., § 7625; mod. Code 1932, § 12254; T.C.A. (orig. ed.), § 40-3322.
If, on the final disposition of the case, the state is held liable for the costs, the clerk shall tax only the difference between the amount previously collected and the amount due to date of final disposition.
Acts 1893, ch. 138, § 3; Shan., § 7625; mod. Code 1932, § 12254; T.C.A. (orig. ed.), § 40-3322.
Tenn. Code Ann. § 40-11-109 — TN Code / Title 40 / Chapter 11 / Section 40-11-109
Taking bail after indictment
Status: in_force

After indictment, the sheriff, upon executing the capias or writ of arrest, may take bail from the defendant for the defendant's appearance to answer the charge. Acts 1978, ch. 506, § 9; T.C.A., § 40-1209.
After indictment, the sheriff, upon executing the capias or writ of arrest, may take bail from the defendant for the defendant's appearance to answer the charge.
Acts 1978, ch. 506, § 9; T.C.A., § 40-1209.
Tenn. Code Ann. § 40-38-204 — TN Code / Title 40 / Chapter 38 / Section 40-38-204
Notification of opportunity to present impact statement - Policy - Development of impact statement form
Status: in_force

(a) If a defendant is convicted of a felony involving one (1) or more identifiable victims who suffered death or physical, emotional, or financial injury, the department of correction shall ensure notification of the victim or the victim representative and advise the victim or victim representative of the opportunity to present a victim impact statement. (b) The department shall establish a policy concerning the victim impact statement. This policy shall include the development of a uniform victim impact statement form. In developing the form, the department shall first consult with the executive director of the district attorneys general conference. Acts 1993, ch. 438, § 4.
(a) If a defendant is convicted of a felony involving one (1) or more identifiable victims who suffered death or physical, emotional, or financial injury, the department of correction shall ensure notification of the victim or the victim representative and advise the victim or victim representative of the opportunity to present a victim impact statement.
(b) The department shall establish a policy concerning the victim impact statement. This policy shall include the development of a uniform victim impact statement form. In developing the form, the department shall first consult with the executive director of the district attorneys general conference.
Acts 1993, ch. 438, § 4.
Tenn. Code Ann. § 40-14-317 — TN Code / Title 40 / Chapter 14 / Section 40-14-317
Defendant in criminal case entitled to court reporter
Status: in_force

Notwithstanding the Tennessee Supreme Court Rules, Rule 26 or any other law to the contrary, a defendant in a criminal case, as defined by § 40-14-301 , is entitled to have a court reporter pursuant to § 40-14-302 , or a licensed court reporter pursuant to title 20, chapter 9, part 6 to record verbatim all proceedings that occur in open court and such other proceedings as the judge may direct. Acts 2011, ch. 188, § 1.
Notwithstanding the Tennessee Supreme Court Rules, Rule 26 or any other law to the contrary, a defendant in a criminal case, as defined by § 40-14-301 , is entitled to have a court reporter pursuant to § 40-14-302 , or a licensed court reporter pursuant to title 20, chapter 9, part 6 to record verbatim all proceedings that occur in open court and such other proceedings as the judge may direct.
Acts 2011, ch. 188, § 1.
Tenn. Code Ann. § 40-9-116 — TN Code / Title 40 / Chapter 9 / Section 40-9-116
Issuance of warrant of arrest
Status: in_force

If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to a sheriff, marshal, coroner or other person whom the governor may think fit to entrust with the execution of the arrest warrant. The warrant must substantially recite the facts necessary to the validity of its issuance. Acts 1951, ch. 240, § 7 (Williams, § 11935.7); T.C.A. (orig. ed.), § 40-1016.
If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to a sheriff, marshal, coroner or other person whom the governor may think fit to entrust with the execution of the arrest warrant. The warrant must substantially recite the facts necessary to the validity of its issuance.
Acts 1951, ch. 240, § 7 (Williams, § 11935.7); T.C.A. (orig. ed.), § 40-1016.
Tenn. Code Ann. § 40-22-104 — TN Code / Title 40 / Chapter 22 / Section 40-22-104
Prisoner placed under commissioner
Status: in_force

The presiding judge shall also cause to be entered on the minutes of the trial court an order reciting the reasons for the suspension of the sentence and judgment, and providing that the prisoner whose sentence has been so suspended shall, from the date of suspension, be subject to be placed under the control of the commissioner of correction, and, when so placed, shall be subject to all laws, rules and regulations pertaining to convicts on parole. The board of parole shall consider a person so committed to the custody of the department of correction using the procedures and criteria established in chapter 28 of this title. Acts 1915, ch. 135, § 2; Shan., § 7230a3; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11824; impl. am. Acts 1955, ch. 102, §1; Acts 1979, ch. 359, § 28; T.C.A. (orig. ed.), § 40-3004; Acts 1998, ch. 1049, § 20.
The presiding judge shall also cause to be entered on the minutes of the trial court an order reciting the reasons for the suspension of the sentence and judgment, and providing that the prisoner whose sentence has been so suspended shall, from the date of suspension, be subject to be placed under the control of the commissioner of correction, and, when so placed, shall be subject to all laws, rules and regulations pertaining to convicts on parole. The board of parole shall consider a person so committed to the custody of the department of correction using the procedures and criteria established in chapter 28 of this title.
Acts 1915, ch. 135, § 2; Shan., § 7230a3; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11824; impl. am. Acts 1955, ch. 102, §1; Acts 1979, ch. 359, § 28; T.C.A. (orig. ed.), § 40-3004; Acts 1998, ch. 1049, § 20.
Tenn. Code Ann. § 40-34-102 — TN Code / Title 40 / Chapter 34 / Section 40-34-102
Authority to establish program
Status: in_force

The commissioner of correction and the board of parole are authorized to establish a contract sentencing program, and to promulgate rules and regulations governing it, consistent with this chapter. The rules and regulations shall include eligibility requirements, procedures and the general form and substance of agreements that may be entered into under the program. Impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 386, § 1; T.C.A., §40-4202; Acts 1998, ch. 1049, § 42.
The commissioner of correction and the board of parole are authorized to establish a contract sentencing program, and to promulgate rules and regulations governing it, consistent with this chapter. The rules and regulations shall include eligibility requirements, procedures and the general form and substance of agreements that may be entered into under the program.
Impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 386, § 1; T.C.A., §40-4202; Acts 1998, ch. 1049, § 42.
Tenn. Code Ann. § 40-6-307 — TN Code / Title 40 / Chapter 6 / Section 40-6-307
Use of contents in evidence
Status: in_force

Whenever a wire, oral or electronic communication has been intercepted, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in a trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state of Tennessee, or a political subdivision of the state if the disclosure of that information would be in violation of this part or §§ 39-13-601 - [former] 39-13-603 [repealed]. Acts 1994, ch. 964, § 8.
Whenever a wire, oral or electronic communication has been intercepted, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in a trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state of Tennessee, or a political subdivision of the state if the disclosure of that information would be in violation of this part or §§ 39-13-601 - [former] 39-13-603 [repealed].
Acts 1994, ch. 964, § 8.
Tenn. Code Ann. § 40-7-108 — TN Code / Title 40 / Chapter 7 / Section 40-7-108
Resistance to officer
Status: in_force

(a) A law enforcement officer, after giving notice of the officer's identity as an officer, may use or threaten to use force that is reasonably necessary to accomplish the arrest of an individual suspected of a criminal act who resists or flees from the arrest. (b) Notwithstanding subsection (a), the officer may use deadly force to effect an arrest only if all other reasonable means of apprehension have been exhausted or are unavailable, and where feasible, the officer has given notice of the officer's identity as an officer and given a warning that deadly force may be used unless resistance or flight ceases, and: (1) The officer has probable cause to believe the individual to be arrested has committed a felony involving the infliction or threatened infliction of serious bodily injury; or (2) The officer has probable cause to believe that the individual to be arrested poses a threat of serious bodily injury, either to the officer or to others unless immediately apprehended. (c) All law enforcement officers, both state and local, shall be bound by this section and shall receive instruction regarding implementation of this section in law enforcement training programs. Code 1858, § 5040; Shan., § 7000; Code 1932, § 11539; T.C.A. (orig. ed.), § 40-808; Acts 1985, ch. 359, § 1; 1990, ch. 980, § 19.
(a) A law enforcement officer, after giving notice of the officer's identity as an officer, may use or threaten to use force that is reasonably necessary to accomplish the arrest of an individual suspected of a criminal act who resists or flees from the arrest.
(b) Notwithstanding subsection (a), the officer may use deadly force to effect an arrest only if all other reasonable means of apprehension have been exhausted or are unavailable, and where feasible, the officer has given notice of the officer's identity as an officer and given a warning that deadly force may be used unless resistance or flight ceases, and: (1) The officer has probable cause to believe the individual to be arrested has committed a felony involving the infliction or threatened infliction of serious bodily injury; or (2) The officer has probable cause to believe that the individual to be arrested poses a threat of serious bodily injury, either to the officer or to others unless immediately apprehended.
(1) The officer has probable cause to believe the individual to be arrested has committed a felony involving the infliction or threatened infliction of serious bodily injury; or
(2) The officer has probable cause to believe that the individual to be arrested poses a threat of serious bodily injury, either to the officer or to others unless immediately apprehended.
(c) All law enforcement officers, both state and local, shall be bound by this section and shall receive instruction regarding implementation of this section in law enforcement training programs.
Code 1858, § 5040; Shan., § 7000; Code 1932, § 11539; T.C.A. (orig. ed.), § 40-808; Acts 1985, ch. 359, § 1; 1990, ch. 980, § 19.
Tenn. Code Ann. § 40-39-216 — TN Code / Title 40 / Chapter 39 / Section 40-39-216
Restricting access to public library
Status: in_force

(a) Public library boards shall have the authority to reasonably restrict the access of any person listed on the sexual offender registry. Such authority may be delegated by the board to a library administrator. (b) In determining the reasonableness of the restrictions, the board shall consider the following criteria: (1) The likelihood of children being present in the library at the times and places to be restricted; (2) The age of the victim of the offender; and (3) The chilling effect of the use of the library by other patrons if the offender is not restricted. (c) Nothing in this section shall prevent the board from imposing a total ban of the offender's access to a public library so long as the criteria in subsection (b) are considered. (d) The restrictions of this section shall be effective upon the mailing of notice to the address of the offender as listed on the sexual offender registry. The notice shall state with specificity, the time and space restrictions. The board, or if so delegated, the library administrator, shall state in the notice that the criteria in subsection (b) have been considered. (e) A registered sex offender who enters upon the premises of a public library in contravention of the restrictions five (5) days after mailing of the notice may, at the discretion of the library administrator, be prosecuted for criminal trespass pursuant to § 39-14-405 . Amended by 2017 Tenn. Acts, ch. 126,s 15, eff. 7/1/2017. Acts 2011, ch. 287, § 1.
(a) Public library boards shall have the authority to reasonably restrict the access of any person listed on the sexual offender registry. Such authority may be delegated by the board to a library administrator.
(b) In determining the reasonableness of the restrictions, the board shall consider the following criteria: (1) The likelihood of children being present in the library at the times and places to be restricted; (2) The age of the victim of the offender; and (3) The chilling effect of the use of the library by other patrons if the offender is not restricted.
(1) The likelihood of children being present in the library at the times and places to be restricted;
(2) The age of the victim of the offender; and
(3) The chilling effect of the use of the library by other patrons if the offender is not restricted.
(c) Nothing in this section shall prevent the board from imposing a total ban of the offender's access to a public library so long as the criteria in subsection (b) are considered.
(d) The restrictions of this section shall be effective upon the mailing of notice to the address of the offender as listed on the sexual offender registry. The notice shall state with specificity, the time and space restrictions. The board, or if so delegated, the library administrator, shall state in the notice that the criteria in subsection (b) have been considered.
(e) A registered sex offender who enters upon the premises of a public library in contravention of the restrictions five (5) days after mailing of the notice may, at the discretion of the library administrator, be prosecuted for criminal trespass pursuant to § 39-14-405 .
Amended by 2017 Tenn. Acts, ch. 126,s 15, eff. 7/1/2017.
Acts 2011, ch. 287, § 1.
Tenn. Code Ann. § 40-9-104 — TN Code / Title 40 / Chapter 9 / Section 40-9-104
Arrest without warrant for felony in another state
Status: in_force

The arrest of a person may be lawfully made by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one (1) year; but when so arrested, the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the person under oath setting forth the ground for the arrest as in § 40-9-103 . Thereafter, the person's answer shall be heard as if the person had been arrested on a warrant. Acts 1951, ch. 240, § 14 (Williams, § 11935.14); T.C.A. (orig. ed.), § 40-1004.
The arrest of a person may be lawfully made by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one (1) year; but when so arrested, the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the person under oath setting forth the ground for the arrest as in § 40-9-103 . Thereafter, the person's answer shall be heard as if the person had been arrested on a warrant.
Acts 1951, ch. 240, § 14 (Williams, § 11935.14); T.C.A. (orig. ed.), § 40-1004.
Tenn. Code Ann. § 40-30-308 — TN Code / Title 40 / Chapter 30 / Section 40-30-308
Court order for production of laboratory reports, underlying data and notes
Status: in_force

If evidence has previously been subjected to DNA analysis by either the prosecution or defense, the court may order the prosecution or defense to provide all parties and the court with access to the laboratory reports prepared in connection with the DNA analysis, as well as the underlying data and laboratory notes. If any DNA or other biological evidence analysis was previously conducted by either the prosecution or defense without knowledge of the other party, the analysis shall be revealed in the motion for analysis or response, if any. If the court orders DNA analysis in connection with a proceeding brought under this part, the court shall order the production of any laboratory reports prepared in connection with the DNA analysis and may, in its discretion, order production of the underlying data and laboratory notes. Acts 2001, ch. 444, § 1; T.C.A. § 40-30-408.
If evidence has previously been subjected to DNA analysis by either the prosecution or defense, the court may order the prosecution or defense to provide all parties and the court with access to the laboratory reports prepared in connection with the DNA analysis, as well as the underlying data and laboratory notes. If any DNA or other biological evidence analysis was previously conducted by either the prosecution or defense without knowledge of the other party, the analysis shall be revealed in the motion for analysis or response, if any. If the court orders DNA analysis in connection with a proceeding brought under this part, the court shall order the production of any laboratory reports prepared in connection with the DNA analysis and may, in its discretion, order production of the underlying data and laboratory notes.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-408.
Tenn. Code Ann. § 40-22-109 — TN Code / Title 40 / Chapter 22 / Section 40-22-109
Parole or recommendation of pardon
Status: in_force

When it satisfactorily appears to the board of parole that a prisoner, whose sentence has been suspended as provided in § 40-22-102 , has led an exemplary life and behaved in a manner and for a period of time that leads the board to believe that the prisoner is reliable and trustworthy and that the prisoner will probably remain at liberty without violating the law, and the prisoner's final release is not incompatible with the welfare of society, the board may, in its discretion, parole the prisoner for a period of time as it deems best, or it may recommend to the governor that the governor grant the prisoner a pardon and final discharge. Acts 1915, ch. 135, § 3; Shan., § 7230a8; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11828; Acts 1979, ch. 359, § 31; T.C.A. (orig. ed.), § 40-3009; Acts 1998, ch. 1049, § 20.
When it satisfactorily appears to the board of parole that a prisoner, whose sentence has been suspended as provided in § 40-22-102 , has led an exemplary life and behaved in a manner and for a period of time that leads the board to believe that the prisoner is reliable and trustworthy and that the prisoner will probably remain at liberty without violating the law, and the prisoner's final release is not incompatible with the welfare of society, the board may, in its discretion, parole the prisoner for a period of time as it deems best, or it may recommend to the governor that the governor grant the prisoner a pardon and final discharge.
Acts 1915, ch. 135, § 3; Shan., § 7230a8; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11828; Acts 1979, ch. 359, § 31; T.C.A. (orig. ed.), § 40-3009; Acts 1998, ch. 1049, § 20.
Tenn. Code Ann. § 40-28-609 — TN Code / Title 40 / Chapter 28 / Section 40-28-609
Final discharge of parolee
Status: in_force

(a) Whenever the director is satisfied that a parolee has kept the conditions of parole in a satisfactory manner, the director shall issue to the parolee a certificate of final discharge. This final discharge from parole will be granted only after a parolee has completed the maximum sentence imposed, less diminution allowed for good and honor time and incentive time and sentence credits earned and retained. If a parolee is not eligible for a certificate of discharge because of a pending violation, parole will expire at the end of the maximum sentence less diminution for good and honor time, incentive time and sentence credits earned and retained, plus delinquent time. (b) This is in no way to be construed as permitting a discharge from parole for parolees with a life sentence. Acts 2012, ch. 727, § 43.
(a) Whenever the director is satisfied that a parolee has kept the conditions of parole in a satisfactory manner, the director shall issue to the parolee a certificate of final discharge. This final discharge from parole will be granted only after a parolee has completed the maximum sentence imposed, less diminution allowed for good and honor time and incentive time and sentence credits earned and retained. If a parolee is not eligible for a certificate of discharge because of a pending violation, parole will expire at the end of the maximum sentence less diminution for good and honor time, incentive time and sentence credits earned and retained, plus delinquent time.
(b) This is in no way to be construed as permitting a discharge from parole for parolees with a life sentence.
Acts 2012, ch. 727, § 43.
Tenn. Code Ann. § 40-34-101 — TN Code / Title 40 / Chapter 34 / Section 40-34-101
Short title
Status: in_force

This chapter shall be known as and may be cited as the "Tennessee Contract Sentencing Act of 1979." Acts 1979, ch. 386, § 1; T.C.A., § 40-4201.
This chapter shall be known as and may be cited as the "Tennessee Contract Sentencing Act of 1979."
Acts 1979, ch. 386, § 1; T.C.A., § 40-4201.
Tenn. Code Ann. § 40-28-127 — TN Code / Title 40 / Chapter 28 / Section 40-28-127
Cooperation of prison officials
Status: in_force

The warden of each prison and all officers and employees of each prison and of the board of parole and all other public officials shall at all times cooperate with the board and shall furnish to the board, its officers and employees, information as may be necessary to enable it to perform its functions, and the wardens and other employees shall at all times give the members of the board, its officers and employees, free access to all prisoners confined in the prisons, workhouses and jails of the state. Acts 1937, ch. 276, § 16; C. Supp. 1950, § 11818.16 (Williams, § 11843.16); T.C.A. (orig. ed.), § 40-3624; Acts 1989, ch. 227, § 47; 1998, ch. 1049, § 24.
The warden of each prison and all officers and employees of each prison and of the board of parole and all other public officials shall at all times cooperate with the board and shall furnish to the board, its officers and employees, information as may be necessary to enable it to perform its functions, and the wardens and other employees shall at all times give the members of the board, its officers and employees, free access to all prisoners confined in the prisons, workhouses and jails of the state.
Acts 1937, ch. 276, § 16; C. Supp. 1950, § 11818.16 (Williams, § 11843.16); T.C.A. (orig. ed.), § 40-3624; Acts 1989, ch. 227, § 47; 1998, ch. 1049, § 24.
Tenn. Code Ann. § 40-25-104 — TN Code / Title 40 / Chapter 25 / Section 40-25-104
Costs adjudged
Status: in_force

The costs that may be adjudged in criminal cases include all costs incident to the arrest and safekeeping of the defendant, before and after conviction, due and incident to the prosecution and conviction, and incident to the carrying of the judgment or sentence of the court into effect. Code 1858, § 5577 (deriv. Acts 1805, ch. 49; 1813, ch. 137 (136 in Scott's Revisal), § 2); Shan., § 7606; Code 1932, § 12233; T.C.A. (orig. ed.), § 40-3304.
The costs that may be adjudged in criminal cases include all costs incident to the arrest and safekeeping of the defendant, before and after conviction, due and incident to the prosecution and conviction, and incident to the carrying of the judgment or sentence of the court into effect.
Code 1858, § 5577 (deriv. Acts 1805, ch. 49; 1813, ch. 137 (136 in Scott's Revisal), § 2); Shan., § 7606; Code 1932, § 12233; T.C.A. (orig. ed.), § 40-3304.
Tenn. Code Ann. § 40-6-108 — TN Code / Title 40 / Chapter 6 / Section 40-6-108
Exclusionary Rule Reform Act
Status: in_force

(a) Notwithstanding any law to the contrary, any evidence that is seized as a result of executing a search warrant issued pursuant to this part or pursuant to Tennessee Rules of Criminal Procedure Rule 41 that is otherwise admissible in a criminal proceeding and not in violation of the constitution of the United States or Tennessee shall not be suppressed as a result of any violation of this part or any violation of Tennessee Rules of Criminal Procedure Rule 41 if the court determines that such violation was a result of a good faith mistake or technical violation made by a law enforcement officer, court official, or the issuing magistrate as defined in subsection (c). (b) This section does not limit or prohibit the enforcement of any appropriate civil remedy in actions pursuant to other provisions of law against any individual or government entity found to have conducted an unreasonable search or seizure; provided, however, that unless otherwise provided by federal law or the constitution of Tennessee, if any evidence is seized as a result of a good faith mistake or technical violation, as defined in subsection (c), the individual or government entity shall not be civilly liable. (c) As used in this section, unless the context otherwise requires, "good faith mistake or technical violation" means: (1) An unintentional clerical error or clerical omission made by a law enforcement officer, court official or issuing magistrate in the form, preparation, issuance, filing and handling of copies, or return and inventory of a search warrant; (2) When the officer to whom the warrant is delivered for execution is not present during the execution but an officer with law enforcement authority over the premises does otherwise execute the search warrant; (3) A reasonable reliance on a statute that is subsequently ruled unconstitutional; or controlling court precedent that is overruled after the issuance of a search warrant, unless the court overruling the precedent orders the new precedent to be applied retroactively. Acts 2011, ch. 252, § 1.
(a) Notwithstanding any law to the contrary, any evidence that is seized as a result of executing a search warrant issued pursuant to this part or pursuant to Tennessee Rules of Criminal Procedure Rule 41 that is otherwise admissible in a criminal proceeding and not in violation of the constitution of the United States or Tennessee shall not be suppressed as a result of any violation of this part or any violation of Tennessee Rules of Criminal Procedure Rule 41 if the court determines that such violation was a result of a good faith mistake or technical violation made by a law enforcement officer, court official, or the issuing magistrate as defined in subsection (c).
(b) This section does not limit or prohibit the enforcement of any appropriate civil remedy in actions pursuant to other provisions of law against any individual or government entity found to have conducted an unreasonable search or seizure; provided, however, that unless otherwise provided by federal law or the constitution of Tennessee, if any evidence is seized as a result of a good faith mistake or technical violation, as defined in subsection (c), the individual or government entity shall not be civilly liable.
(c) As used in this section, unless the context otherwise requires, "good faith mistake or technical violation" means: (1) An unintentional clerical error or clerical omission made by a law enforcement officer, court official or issuing magistrate in the form, preparation, issuance, filing and handling of copies, or return and inventory of a search warrant; (2) When the officer to whom the warrant is delivered for execution is not present during the execution but an officer with law enforcement authority over the premises does otherwise execute the search warrant; (3) A reasonable reliance on a statute that is subsequently ruled unconstitutional; or controlling court precedent that is overruled after the issuance of a search warrant, unless the court overruling the precedent orders the new precedent to be applied retroactively.
(1) An unintentional clerical error or clerical omission made by a law enforcement officer, court official or issuing magistrate in the form, preparation, issuance, filing and handling of copies, or return and inventory of a search warrant;
(2) When the officer to whom the warrant is delivered for execution is not present during the execution but an officer with law enforcement authority over the premises does otherwise execute the search warrant;
(3) A reasonable reliance on a statute that is subsequently ruled unconstitutional; or controlling court precedent that is overruled after the issuance of a search warrant, unless the court overruling the precedent orders the new precedent to be applied retroactively.
Acts 2011, ch. 252, § 1.
Tenn. Code Ann. § 40-6-217 — TN Code / Title 40 / Chapter 6 / Section 40-6-217
Issuance of arrest warrant in lieu of criminal summons
Status: in_force

Notwithstanding any other provision of this part or § 40-5-102 , to the contrary, a judge who is licensed to practice law in this state and elected for an eight-year term of office may, upon a finding of probable cause, issue an arrest warrant in lieu of a criminal summons under any circumstances and regardless of whether any of the exceptions set out in §§ 40-6-205 and 40-6-215 are applicable. Acts 2004, ch. 889, § 3.
Notwithstanding any other provision of this part or § 40-5-102 , to the contrary, a judge who is licensed to practice law in this state and elected for an eight-year term of office may, upon a finding of probable cause, issue an arrest warrant in lieu of a criminal summons under any circumstances and regardless of whether any of the exceptions set out in §§ 40-6-205 and 40-6-215 are applicable.
Acts 2004, ch. 889, § 3.
Tenn. Code Ann. § 40-7-203 — TN Code / Title 40 / Chapter 7 / Section 40-7-203
Power of officers from other states to arrest
Status: in_force

(a) Any member of a duly organized state, county or municipal peace unit of another state, who enters this state in fresh pursuit, and continues within this state in that fresh pursuit, of a person in order to arrest the person on grounds that the person is believed to have committed a felony in that other state, shall have the same authority to arrest and hold the person in custody as has any member of any duly organized state, county or municipal peace unit of this state to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this state. (b) This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful. Acts 1939, ch. 146, §§ 1, 3; C. Supp. 1950, §§ 11546.2, 11546.4 (Williams, §§ 11546.1, 11546.3); T.C.A. (orig. ed.), §§ 40-812, 40-813.
(a) Any member of a duly organized state, county or municipal peace unit of another state, who enters this state in fresh pursuit, and continues within this state in that fresh pursuit, of a person in order to arrest the person on grounds that the person is believed to have committed a felony in that other state, shall have the same authority to arrest and hold the person in custody as has any member of any duly organized state, county or municipal peace unit of this state to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this state.
(b) This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.
Acts 1939, ch. 146, §§ 1, 3; C. Supp. 1950, §§ 11546.2, 11546.4 (Williams, §§ 11546.1, 11546.3); T.C.A. (orig. ed.), §§ 40-812, 40-813.
Tenn. Code Ann. § 40-20-101 — TN Code / Title 40 / Chapter 20 / Section 40-20-101
Judgment after verdict - Modification of verdict
Status: in_force

(a) After a verdict against the defendant, if the judgment is not arrested or a new trial granted, the court shall pronounce judgment. (b) If, in the pronouncement of a judgment where a defendant has been retried either following an order granting a retrial by a court of this state or in obedience to a decision of a court of the United States, it becomes necessary that the jury's verdict be modified to prevent a sentence on the second trial being greater than the verdict pronounced at the first trial, then the trial court is authorized to modify the jury's verdict and pronounce judgment accordingly. Code 1858, § 5225; Shan., § 7198; Code 1932, § 11761; Acts 1972, ch. 591, § 1; T.C.A. (orig. ed.), § 40-2701.
(a) After a verdict against the defendant, if the judgment is not arrested or a new trial granted, the court shall pronounce judgment.
(b) If, in the pronouncement of a judgment where a defendant has been retried either following an order granting a retrial by a court of this state or in obedience to a decision of a court of the United States, it becomes necessary that the jury's verdict be modified to prevent a sentence on the second trial being greater than the verdict pronounced at the first trial, then the trial court is authorized to modify the jury's verdict and pronounce judgment accordingly.
Code 1858, § 5225; Shan., § 7198; Code 1932, § 11761; Acts 1972, ch. 591, § 1; T.C.A. (orig. ed.), § 40-2701.
Tenn. Code Ann. § 40-22-108 — TN Code / Title 40 / Chapter 22 / Section 40-22-108
Supervision pending application
Status: in_force

It is the duty of the department of correction, upon receipt of the pleadings in the case, together with the recommendations of the presiding judge, as provided in § 40-22-103 , through the probation and parole officer, to look after the welfare of, and have charge of and keep in communication with, the prisoner, thus on parole, and also to keep in communication with the prisoner's employers. Acts 1915, ch. 135, § 3; Shan., § 7230a7; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11827; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1961, ch. 93, §5; Acts 1979, ch. 359, § 30; T.C.A. (orig. ed.), § 40-3008; Acts 1998, ch. 1049, §§20, 21; 2012 , ch. 727, § 12.
It is the duty of the department of correction, upon receipt of the pleadings in the case, together with the recommendations of the presiding judge, as provided in § 40-22-103 , through the probation and parole officer, to look after the welfare of, and have charge of and keep in communication with, the prisoner, thus on parole, and also to keep in communication with the prisoner's employers.
Acts 1915, ch. 135, § 3; Shan., § 7230a7; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11827; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1961, ch. 93, §5; Acts 1979, ch. 359, § 30; T.C.A. (orig. ed.), § 40-3008; Acts 1998, ch. 1049, §§20, 21; 2012 , ch. 727, § 12.
Tenn. Code Ann. § 40-25-103 — TN Code / Title 40 / Chapter 25 / Section 40-25-103
Fees to officers acting in lieu of named officers
Status: in_force

(a) If any of the duties in this chapter and title 8, chapters 21-24 and 26 are performed by other officers than those therein named, whose duty it is to perform the same, those officers are entitled to the same fees, and in the same manner, as there named. (b) This section does not apply to any of the judges or chancellors of the state. Code 1858, §§ 5562, 5563; Shan., §§ 7584, 7585; Code 1932, §§ 12212, 12213; T.C.A. (orig. ed.), § 40-3303.
(a) If any of the duties in this chapter and title 8, chapters 21-24 and 26 are performed by other officers than those therein named, whose duty it is to perform the same, those officers are entitled to the same fees, and in the same manner, as there named.
(b) This section does not apply to any of the judges or chancellors of the state.
Code 1858, §§ 5562, 5563; Shan., §§ 7584, 7585; Code 1932, §§ 12212, 12213; T.C.A. (orig. ed.), § 40-3303.
Tenn. Code Ann. § 40-17-211 — TN Code / Title 40 / Chapter 17 / Section 40-17-211
Prisoners as witnesses in criminal proceedings in a state other than that in which they are confined
Status: in_force

(a) If a judge of a court of record in any other state, which by its laws has made provision for commanding a prisoner within that state to attend and testify in this state, certifies under the seal of the court that: (1) There is a criminal prosecution pending in that court or that a grand jury investigation has commenced; (2) A person convicted, sentenced and confined in a state or local custodial facility, other than a person awaiting execution of a sentence of death, is a material witness in the prosecution or investigation; and (3) The person's presence is required for a specific number of days; a judge of a court with jurisdiction to try felony cases in the county where the person is confined, after notice to the district attorney general, shall fix a time and place for a hearing and shall order the person having custody of the prisoner to produce the prisoner at the hearing. (b) If, at that hearing, the judge determines that the prisoner is a material and necessary witness in the requesting state, the judge shall issue an order directing that the prisoner attend the court where the prosecution or investigation is pending, upon the terms and conditions as the judge prescribes, including: (1) Provision for the return of the prisoner at the conclusion of the prisoner's testimony; (2) Proper safeguards on the prisoner's custody; and (3) Proper financial reimbursement or other payment by the demanding jurisdiction for all expenses incurred in the production and return of the prisoner. (c) The district attorney general is authorized to enter into agreements with authorities of the demanding jurisdiction to ensure proper compliance with the order of the court. (d) When a criminal action is pending in a court of record of this state by reason of the filing of an indictment or presentment or by reason of the commencement of a grand jury proceeding or investigation, if: (1) There is reasonable cause to believe that a person convicted, sentenced and confined in a state or local custodial facility of another state, other than a person awaiting execution of a sentence of death or one confined as mentally ill, possesses information material to the criminal action; (2) The attendance of the person as a witness in the action is desired by a party; and (3) The state in which the person is confined possesses a statute equivalent to this section; a judge of the court in which the action is pending may issue a certificate certifying all the facts and that the attendance of the person as a witness in the court is required for a specific number of days. The certificate may be issued upon application of either the state or defendant demonstrating all the facts specified in this section. (e) Upon issuing a certificate, the court shall deliver it, or cause or authorize it to be delivered, to a court of the other state which, pursuant to the laws of that state, is authorized to undertake legal action for the delivery of the prisoner to this state as a witness. Acts 1990, ch. 697, § 1.
(a) If a judge of a court of record in any other state, which by its laws has made provision for commanding a prisoner within that state to attend and testify in this state, certifies under the seal of the court that: (1) There is a criminal prosecution pending in that court or that a grand jury investigation has commenced; (2) A person convicted, sentenced and confined in a state or local custodial facility, other than a person awaiting execution of a sentence of death, is a material witness in the prosecution or investigation; and (3) The person's presence is required for a specific number of days; a judge of a court with jurisdiction to try felony cases in the county where the person is confined, after notice to the district attorney general, shall fix a time and place for a hearing and shall order the person having custody of the prisoner to produce the prisoner at the hearing.
(1) There is a criminal prosecution pending in that court or that a grand jury investigation has commenced;
(2) A person convicted, sentenced and confined in a state or local custodial facility, other than a person awaiting execution of a sentence of death, is a material witness in the prosecution or investigation; and
(3) The person's presence is required for a specific number of days; a judge of a court with jurisdiction to try felony cases in the county where the person is confined, after notice to the district attorney general, shall fix a time and place for a hearing and shall order the person having custody of the prisoner to produce the prisoner at the hearing.
a judge of a court with jurisdiction to try felony cases in the county where the person is confined, after notice to the district attorney general, shall fix a time and place for a hearing and shall order the person having custody of the prisoner to produce the prisoner at the hearing.
(b) If, at that hearing, the judge determines that the prisoner is a material and necessary witness in the requesting state, the judge shall issue an order directing that the prisoner attend the court where the prosecution or investigation is pending, upon the terms and conditions as the judge prescribes, including: (1) Provision for the return of the prisoner at the conclusion of the prisoner's testimony; (2) Proper safeguards on the prisoner's custody; and (3) Proper financial reimbursement or other payment by the demanding jurisdiction for all expenses incurred in the production and return of the prisoner.
(1) Provision for the return of the prisoner at the conclusion of the prisoner's testimony;
(2) Proper safeguards on the prisoner's custody; and
(3) Proper financial reimbursement or other payment by the demanding jurisdiction for all expenses incurred in the production and return of the prisoner.
(c) The district attorney general is authorized to enter into agreements with authorities of the demanding jurisdiction to ensure proper compliance with the order of the court.
(d) When a criminal action is pending in a court of record of this state by reason of the filing of an indictment or presentment or by reason of the commencement of a grand jury proceeding or investigation, if: (1) There is reasonable cause to believe that a person convicted, sentenced and confined in a state or local custodial facility of another state, other than a person awaiting execution of a sentence of death or one confined as mentally ill, possesses information material to the criminal action; (2) The attendance of the person as a witness in the action is desired by a party; and (3) The state in which the person is confined possesses a statute equivalent to this section; a judge of the court in which the action is pending may issue a certificate certifying all the facts and that the attendance of the person as a witness in the court is required for a specific number of days. The certificate may be issued upon application of either the state or defendant demonstrating all the facts specified in this section.
(1) There is reasonable cause to believe that a person convicted, sentenced and confined in a state or local custodial facility of another state, other than a person awaiting execution of a sentence of death or one confined as mentally ill, possesses information material to the criminal action;
(2) The attendance of the person as a witness in the action is desired by a party; and
(3) The state in which the person is confined possesses a statute equivalent to this section; a judge of the court in which the action is pending may issue a certificate certifying all the facts and that the attendance of the person as a witness in the court is required for a specific number of days. The certificate may be issued upon application of either the state or defendant demonstrating all the facts specified in this section.
a judge of the court in which the action is pending may issue a certificate certifying all the facts and that the attendance of the person as a witness in the court is required for a specific number of days. The certificate may be issued upon application of either the state or defendant demonstrating all the facts specified in this section.
(e) Upon issuing a certificate, the court shall deliver it, or cause or authorize it to be delivered, to a court of the other state which, pursuant to the laws of that state, is authorized to undertake legal action for the delivery of the prisoner to this state as a witness.
Acts 1990, ch. 697, § 1.
Tenn. Code Ann. § 40-13-111 — TN Code / Title 40 / Chapter 13 / Section 40-13-111
Inspection of indictment before arrest
Status: in_force

When an indictment is found against any person not in actual custody or who has not given bail to answer to the indictment, that indictment shall not be inspected by any person except the judge and clerk of the court and the district attorney general until the defendant has been arrested. Code 1858, § 5099; Shan., § 7061; Code 1932, § 11605; T.C.A. (orig. ed.), § 40-1714.
When an indictment is found against any person not in actual custody or who has not given bail to answer to the indictment, that indictment shall not be inspected by any person except the judge and clerk of the court and the district attorney general until the defendant has been arrested.
Code 1858, § 5099; Shan., § 7061; Code 1932, § 11605; T.C.A. (orig. ed.), § 40-1714.
Tenn. Code Ann. § 40-28-603 — TN Code / Title 40 / Chapter 28 / Section 40-28-603
Parole and probation officers - Appointment
Status: in_force

The commissioner shall appoint probation and parole officers who shall be supervised by the director of probation and parole. The probation and parole officers shall be placed within districts or other locations as may be designated by the commissioner, and shall devote their full time and capacities to the duties of their office. Acts 2012 , ch. 727, § 43.
The commissioner shall appoint probation and parole officers who shall be supervised by the director of probation and parole. The probation and parole officers shall be placed within districts or other locations as may be designated by the commissioner, and shall devote their full time and capacities to the duties of their office.
Acts 2012 , ch. 727, § 43.
Tenn. Code Ann. § 40-13-107 — TN Code / Title 40 / Chapter 13 / Section 40-13-107
Endorsement of names of witnesses
Status: in_force

It is the duty of the foreman of the grand jury to endorse on the indictment or, if it is a presentment, on the subpoena the names of the witnesses so sworn by the foreman and sign same officially, but the omission to endorse the names of those witnesses on the indictment or subpoena shall in no case invalidate the finding of the indictment or presentment, if the witnesses were, in point of fact, sworn by the foreman according to law. Acts 1875, ch. 30, § 2; Shan., § 7054; Code 1932, § 11599; T.C.A. (orig. ed.), § 40-1708.
It is the duty of the foreman of the grand jury to endorse on the indictment or, if it is a presentment, on the subpoena the names of the witnesses so sworn by the foreman and sign same officially, but the omission to endorse the names of those witnesses on the indictment or subpoena shall in no case invalidate the finding of the indictment or presentment, if the witnesses were, in point of fact, sworn by the foreman according to law.
Acts 1875, ch. 30, § 2; Shan., § 7054; Code 1932, § 11599; T.C.A. (orig. ed.), § 40-1708.
Tenn. Code Ann. § 40-4-124 — TN Code / Title 40 / Chapter 4 / Section 40-4-124
Effect on private acts and city charters
Status: in_force

Sections 40-4-121 - 40-4-124 shall govern the structure and operation of the general sessions courts in counties falling within the provisions of those sections, notwithstanding any private act or city charter to the contrary, and the operation of any private act or city charter in conflict with these sections is repealed and suspended. Acts 1970, ch. 464, § 6; T.C.A., § 40-430.
Sections 40-4-121 - 40-4-124 shall govern the structure and operation of the general sessions courts in counties falling within the provisions of those sections, notwithstanding any private act or city charter to the contrary, and the operation of any private act or city charter in conflict with these sections is repealed and suspended.
Acts 1970, ch. 464, § 6; T.C.A., § 40-430.
Tenn. Code Ann. § 40-30-306 — TN Code / Title 40 / Chapter 30 / Section 40-30-306
Payment for analysis
Status: in_force

In the case of an order issued pursuant to § 40-30-304 , the court shall order the analysis and payment, if necessary. In the case of an order under § 40-30-305 , the court may require the petitioner to pay for the analysis. Acts 2001, ch. 444, § 1; T.C.A. § 40-30-406.
In the case of an order issued pursuant to § 40-30-304 , the court shall order the analysis and payment, if necessary. In the case of an order under § 40-30-305 , the court may require the petitioner to pay for the analysis.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-406.
Tenn. Code Ann. § 40-33-217 — TN Code / Title 40 / Chapter 33 / Section 40-33-217
Attorney's fees
Status: in_force

(a) Upon entering an order that includes a return of property, in whole or in part, the administrative law judge or the court shall also include an award of reasonable attorney's fees against the seizing agency subject to the limits in subsection (c). (b) No award of attorney's fees against a seizing agency shall be entered when the initial order is the result of a settlement between the parties. (c) An award of reasonable attorney's fees under this section shall not exceed ten thousand dollars ($10,000). Failure to submit documentation of an attorney's time and expenses must result in no attorney's fee being awarded. (d) The award of attorney's fees shall be appealable in the same manner as an initial order under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (e) Compensation shall not be awarded to an attorney whose fees are paid under any federally funded legal services program, or any such program funded by the state. However, compensation shall be determined and allowed in accordance with subsection (f) to an attorney employed in a privately or publicly funded nonprofit public interest law firm or corporation if neither the attorney, the law firm, nor the corporation received, or is entitled to receive, compensation for filing the claim on behalf of the claimant under any federal or state statute or rule other than this section. (f) Notwithstanding § 4-5-325 or any other law to the contrary, this section shall be the exclusive means for seeking attorney's fees for proceedings conducted under this part. This section does not prohibit a person who files an action pursuant to § 40-33-215 from seeking attorney's fees for that specific action. (g) For the purposes of this section, "seizing agency" means the agency that issued the Notice of Seizure pursuant to § 40-33-203 . (h) Notwithstanding § 40-33-211 , § 53-11-201 , or any other law, funds forfeited to a seizing agency under this part may be used to pay attorney's fees ordered under this section. Amended by 2021 Tenn. Acts, ch. 423, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 423, s 1, eff. 7/1/2021. Added by 2018 Tenn. Acts, ch. 772, s 10, eff. 10/1/2018.
(a) Upon entering an order that includes a return of property, in whole or in part, the administrative law judge or the court shall also include an award of reasonable attorney's fees against the seizing agency subject to the limits in subsection (c).
(b) No award of attorney's fees against a seizing agency shall be entered when the initial order is the result of a settlement between the parties.
(c) An award of reasonable attorney's fees under this section shall not exceed ten thousand dollars ($10,000). Failure to submit documentation of an attorney's time and expenses must result in no attorney's fee being awarded.
(d) The award of attorney's fees shall be appealable in the same manner as an initial order under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e) Compensation shall not be awarded to an attorney whose fees are paid under any federally funded legal services program, or any such program funded by the state. However, compensation shall be determined and allowed in accordance with subsection (f) to an attorney employed in a privately or publicly funded nonprofit public interest law firm or corporation if neither the attorney, the law firm, nor the corporation received, or is entitled to receive, compensation for filing the claim on behalf of the claimant under any federal or state statute or rule other than this section.
(f) Notwithstanding § 4-5-325 or any other law to the contrary, this section shall be the exclusive means for seeking attorney's fees for proceedings conducted under this part. This section does not prohibit a person who files an action pursuant to § 40-33-215 from seeking attorney's fees for that specific action.
(g) For the purposes of this section, "seizing agency" means the agency that issued the Notice of Seizure pursuant to § 40-33-203 .
(h) Notwithstanding § 40-33-211 , § 53-11-201 , or any other law, funds forfeited to a seizing agency under this part may be used to pay attorney's fees ordered under this section.
Amended by 2021 Tenn. Acts, ch. 423, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 423, s 1, eff. 7/1/2021.
Added by 2018 Tenn. Acts, ch. 772, s 10, eff. 10/1/2018.
Tenn. Code Ann. § 40-11-212 — TN Code / Title 40 / Chapter 11 / Section 40-11-212
Sheriff's deed delivered to district attorney general
Status: in_force

Upon delivery of the certificate by the district attorney general to the sheriff, the sheriff shall issue a deed to the state for the lands so purchased by the state and deliver it to the district attorney general in whose district the purchase is made. Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a7; Code 1932, § 11704; modified; T.C.A. (orig. ed.), § 40-1312.
Upon delivery of the certificate by the district attorney general to the sheriff, the sheriff shall issue a deed to the state for the lands so purchased by the state and deliver it to the district attorney general in whose district the purchase is made.
Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a7; Code 1932, § 11704; modified; T.C.A. (orig. ed.), § 40-1312.
Tenn. Code Ann. § 40-28-129 — TN Code / Title 40 / Chapter 28 / Section 40-28-129
Calculation of sentence expiration date and earliest release date
Status: in_force

Notwithstanding any other law to the contrary, the department of correction shall be responsible for calculating the sentence expiration date and the earliest release date of any felony offender sentenced to the department of correction and any felony offender sentenced to confinement in a county jail or workhouse for one (1) or more years. Acts 1985 (1st Ex. Sess.), ch. 5, § 38; 1998, ch. 1049, § 24; 1999, ch. 516, § 5.
Notwithstanding any other law to the contrary, the department of correction shall be responsible for calculating the sentence expiration date and the earliest release date of any felony offender sentenced to the department of correction and any felony offender sentenced to confinement in a county jail or workhouse for one (1) or more years.
Acts 1985 (1st Ex. Sess.), ch. 5, § 38; 1998, ch. 1049, § 24; 1999, ch. 516, § 5.
Tenn. Code Ann. § 40-25-140 — TN Code / Title 40 / Chapter 25 / Section 40-25-140
Felony cases transferred to federal court
Status: repealed

(a) In cases of the grade of felony, commencing in any of the courts of this state, and afterwards removed to the United States district courts, and there disposed of adversely to the state, the costs of the prosecution shall be paid by the state, as in cases determined in the state courts. (b) Sheriffs or other officers delivering prisoners from state to federal courts shall be allowed the same fees, and have the same guards and pay therefor, as is allowed for like services in state courts. Acts 1882 (2nd Ex. Sess.), ch. 2, § 1; Shan., § 7627; Code 1932, § 12256; T.C.A. (orig. ed.), § 40-3347; T.C.A., § 40-25-141(b) .
(a) In cases of the grade of felony, commencing in any of the courts of this state, and afterwards removed to the United States district courts, and there disposed of adversely to the state, the costs of the prosecution shall be paid by the state, as in cases determined in the state courts.
(b) Sheriffs or other officers delivering prisoners from state to federal courts shall be allowed the same fees, and have the same guards and pay therefor, as is allowed for like services in state courts.
Acts 1882 (2nd Ex. Sess.), ch. 2, § 1; Shan., § 7627; Code 1932, § 12256; T.C.A. (orig. ed.), § 40-3347; T.C.A., § 40-25-141(b) .
Tenn. Code Ann. § 40-26-105 — TN Code / Title 40 / Chapter 26 / Section 40-26-105
Writ of error coram nobis
Status: in_force

(a) There is made available to convicted defendants in criminal cases a proceeding in the nature of a writ of error coram nobis, to be governed by the same rules and procedures applicable to the writ of error coram nobis in civil cases, except insofar as inconsistent herewith. Notice of the suing out of the writ shall be served on the district attorney general except in cases where a defendant has been sentenced to death, where notice shall be served on the attorney general and reporter. A judge does not have authority to order the writ to operate as a supersedeas. The court has authority to order the person having custody of the petitioner to produce the petitioner in court for the hearing of the proceeding. (b) The relief obtainable by this proceeding shall be confined to errors dehors the record and to matters that were not or could not have been litigated on the trial of the case, on a motion for a new trial, on appeal in the nature of a writ of error, on writ of error, or in a habeas corpus proceeding. Upon a showing by the defendant that the defendant was without fault in failing to present certain evidence at the proper time, a writ of error coram nobis will lie for subsequently or newly discovered evidence relating to matters which were litigated at the trial if the judge determines that such evidence may have resulted in a different judgment, had it been presented at the trial. (c) The issue shall be tried by the court without the intervention of a jury, and if the decision be in favor of the petitioner, the judgment complained of shall be set aside and the defendant shall be granted a new trial in that cause. In the event a new trial is granted, the court may, in its discretion, admit the petitioner to bail; provided, that the offense is bailable. If not admitted to bail, the petitioner shall be confined in the county jail to await trial. (d) The petitioner or the state may pray an appeal in the nature of a writ of error to the court of criminal appeals from the final judgment in this proceeding. Amended by 2023 Tenn. Acts, ch. 182, s 5, eff. 4/28/2023. Acts 1955, ch. 166, § 1; 1978, ch. 738, § 1; modified; T.C.A., §40-3411; Acts 2010 , ch. 652, § 1.
(a) There is made available to convicted defendants in criminal cases a proceeding in the nature of a writ of error coram nobis, to be governed by the same rules and procedures applicable to the writ of error coram nobis in civil cases, except insofar as inconsistent herewith. Notice of the suing out of the writ shall be served on the district attorney general except in cases where a defendant has been sentenced to death, where notice shall be served on the attorney general and reporter. A judge does not have authority to order the writ to operate as a supersedeas. The court has authority to order the person having custody of the petitioner to produce the petitioner in court for the hearing of the proceeding.
(b) The relief obtainable by this proceeding shall be confined to errors dehors the record and to matters that were not or could not have been litigated on the trial of the case, on a motion for a new trial, on appeal in the nature of a writ of error, on writ of error, or in a habeas corpus proceeding. Upon a showing by the defendant that the defendant was without fault in failing to present certain evidence at the proper time, a writ of error coram nobis will lie for subsequently or newly discovered evidence relating to matters which were litigated at the trial if the judge determines that such evidence may have resulted in a different judgment, had it been presented at the trial.
(c) The issue shall be tried by the court without the intervention of a jury, and if the decision be in favor of the petitioner, the judgment complained of shall be set aside and the defendant shall be granted a new trial in that cause. In the event a new trial is granted, the court may, in its discretion, admit the petitioner to bail; provided, that the offense is bailable. If not admitted to bail, the petitioner shall be confined in the county jail to await trial.
(d) The petitioner or the state may pray an appeal in the nature of a writ of error to the court of criminal appeals from the final judgment in this proceeding.
Amended by 2023 Tenn. Acts, ch. 182, s 5, eff. 4/28/2023.
Acts 1955, ch. 166, § 1; 1978, ch. 738, § 1; modified; T.C.A., §40-3411; Acts 2010 , ch. 652, § 1.
Tenn. Code Ann. § 40-6-309 — TN Code / Title 40 / Chapter 6 / Section 40-6-309
Application of law
Status: in_force

Notwithstanding any other provision of law to the contrary, this part and §§ 39-13-601 - [former] 39-13-603 [repealed] shall govern the interception and use of wire, oral and electronic communications in this state. Acts 1994, ch. 964, § 12.
Notwithstanding any other provision of law to the contrary, this part and §§ 39-13-601 - [former] 39-13-603 [repealed] shall govern the interception and use of wire, oral and electronic communications in this state.
Acts 1994, ch. 964, § 12.
Tenn. Code Ann. § 40-11-211 — TN Code / Title 40 / Chapter 11 / Section 40-11-211
Certificate received and delivered to state or county
Status: in_force

The sheriff shall receive the certificate in lieu of money, as now provided by law, which certificate the sheriff shall in lieu of money turn over and deliver to the state of Tennessee, or to the county, whichever may be the one entitled to the proceeds of the sale under the execution. Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a6; Code 1932, § 11703; T.C.A. (orig. ed.), § 40-1311.
The sheriff shall receive the certificate in lieu of money, as now provided by law, which certificate the sheriff shall in lieu of money turn over and deliver to the state of Tennessee, or to the county, whichever may be the one entitled to the proceeds of the sale under the execution.
Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a6; Code 1932, § 11703; T.C.A. (orig. ed.), § 40-1311.
Tenn. Code Ann. § 40-6-311 — TN Code / Title 40 / Chapter 6 / Section 40-6-311
Pen register or trap and trace order
Status: in_force

Any circuit or criminal court judge may issue a pen register or trap and trace order pursuant to the provisions and requirements of 18 U.S.C. § 3123 et seq. Acts 1996, ch. 903, § 2.
Any circuit or criminal court judge may issue a pen register or trap and trace order pursuant to the provisions and requirements of 18 U.S.C. § 3123 et seq.
Acts 1996, ch. 903, § 2.
Tenn. Code Ann. § 40-2-105 — TN Code / Title 40 / Chapter 2 / Section 40-2-105
Suspension of statute because of irregularities in prosecution
Status: in_force

When the judgment is arrested, or the indictment or presentment quashed for any defect in the indictment or presentment, or for the reason that it was not found by a grand jury regularly organized, or because it charged no offense, or for any other cause, or when the prosecution is dismissed because of a variance between the allegations of the indictment or presentment and the evidence, and a new indictment or presentment is ordered to be preferred, the time elapsing between the preferring of the first charge, indictment or presentment and the next subsequent term of court must be deducted from the time limited for the prosecution of the offense last charged. Code 1932, § 11486; T.C.A. (orig. ed.), § 40-207.
When the judgment is arrested, or the indictment or presentment quashed for any defect in the indictment or presentment, or for the reason that it was not found by a grand jury regularly organized, or because it charged no offense, or for any other cause, or when the prosecution is dismissed because of a variance between the allegations of the indictment or presentment and the evidence, and a new indictment or presentment is ordered to be preferred, the time elapsing between the preferring of the first charge, indictment or presentment and the next subsequent term of court must be deducted from the time limited for the prosecution of the offense last charged.
Code 1932, § 11486; T.C.A. (orig. ed.), § 40-207.
Tenn. Code Ann. § 40-38-613 — TN Code / Title 40 / Chapter 38 / Section 40-38-613
Effect of negligent disclosure of program participant's confidential address - Notification of disclosure
Status: in_force

(a) No actionable duty or any right of action shall accrue against the state, a county, a municipality, an agency of the state or county or municipality, or an employee of the state or county or municipality in the event of negligent disclosure of a program participant's confidential address. (b) In the event that the state, a county, a municipality, an agency of the state or county or municipality, or an employee of the state or county or municipality negligently or otherwise unlawfully discloses the program participant's confidential address, such entity must immediately upon learning of the disclosure notify the program participant of the disclosure and the full extent of the disclosure. Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
(a) No actionable duty or any right of action shall accrue against the state, a county, a municipality, an agency of the state or county or municipality, or an employee of the state or county or municipality in the event of negligent disclosure of a program participant's confidential address.
(b) In the event that the state, a county, a municipality, an agency of the state or county or municipality, or an employee of the state or county or municipality negligently or otherwise unlawfully discloses the program participant's confidential address, such entity must immediately upon learning of the disclosure notify the program participant of the disclosure and the full extent of the disclosure.
Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
Tenn. Code Ann. § 40-9-122 — TN Code / Title 40 / Chapter 9 / Section 40-9-122
Warrant to agent to return prisoner
Status: in_force

Whenever the governor of this state demands a person charged with a crime in this state from the chief executive of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive such demand under the laws of the United States, the governor shall issue a warrant under the seal of this state, to some agent, commanding the agent to receive the person so charged if delivered to the agent and convey the person to the proper officer of the county in this state in which the offense was committed. Acts 1951, ch. 240, § 22 (Williams, § 11935.22); T.C.A. (orig. ed.), § 40-1024.
Whenever the governor of this state demands a person charged with a crime in this state from the chief executive of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive such demand under the laws of the United States, the governor shall issue a warrant under the seal of this state, to some agent, commanding the agent to receive the person so charged if delivered to the agent and convey the person to the proper officer of the county in this state in which the offense was committed.
Acts 1951, ch. 240, § 22 (Williams, § 11935.22); T.C.A. (orig. ed.), § 40-1024.
Tenn. Code Ann. § 40-7-202 — TN Code / Title 40 / Chapter 7 / Section 40-7-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Fresh pursuit" includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony; (A) It also includes the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed; (B) "Fresh pursuit" does not necessarily imply instant pursuit, but pursuit without unreasonable delay; and (2) "State" includes the District of Columbia. Acts 1939, ch. 146, §§ 4, 5; C. Supp. 1950, §§ 11546.5, 11546.6 (Williams, §§ 11546.4, 11546.5); T.C.A. (orig. ed.), §§ 40-810, 40-811.
As used in this part, unless the context otherwise requires:
(1) "Fresh pursuit" includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony; (A) It also includes the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed; (B) "Fresh pursuit" does not necessarily imply instant pursuit, but pursuit without unreasonable delay; and
(A) It also includes the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed;
(B) "Fresh pursuit" does not necessarily imply instant pursuit, but pursuit without unreasonable delay; and
(2) "State" includes the District of Columbia.
Acts 1939, ch. 146, §§ 4, 5; C. Supp. 1950, §§ 11546.5, 11546.6 (Williams, §§ 11546.4, 11546.5); T.C.A. (orig. ed.), §§ 40-810, 40-811.
Tenn. Code Ann. § 40-6-110 — TN Code / Title 40 / Chapter 6 / Section 40-6-110
Searches of cellular telephones and cellular telephone data
Status: in_force

(a) As used in this section: (1) "Cellular telephone" means a wireless telephone authorized by the federal communications commission to operate in the frequency bandwidth reserved for cellular radio telephones; (2) "Cellular telephone data" means any data that is stored in a cellular telephone including telephone numbers, addresses, pictures, documents, texts, videos, music and any other information that is stored in a cellular telephone; and (3) "Law enforcement officer" means any person authorized to effectuate an arrest who is employed by the state, or a county, municipality or metropolitan form of government. (b) No law enforcement officer shall search, examine, extract or duplicate any cellular telephone data, even if incident to a lawful arrest, unless: (1) The officer has obtained a search warrant issued pursuant to this part or Rule 41 of the Tennessee Rules of Criminal Procedure; (2) The owner of the cellular telephone or the person in possession of the cellular telephone at the time it is seized gives the officer informed consent for the officer to search the cellular telephone; or (3) Exigent circumstances exist at the time of the seizure requiring the officer to search the cellular telephone. (c) No cellular telephone data that is obtained in violation of this section may be used in any court of law or administrative board as evidence, nor may other evidence that is derived from the illegally obtained data be used as evidence in any such proceeding. (d) This section shall not apply to any cellular telephone that, at the time of its seizure or discovery, has been abandoned by the owner or person responsible for its abandonment. Acts 2014, ch. 785, § 1.
(a) As used in this section: (1) "Cellular telephone" means a wireless telephone authorized by the federal communications commission to operate in the frequency bandwidth reserved for cellular radio telephones; (2) "Cellular telephone data" means any data that is stored in a cellular telephone including telephone numbers, addresses, pictures, documents, texts, videos, music and any other information that is stored in a cellular telephone; and (3) "Law enforcement officer" means any person authorized to effectuate an arrest who is employed by the state, or a county, municipality or metropolitan form of government.
(1) "Cellular telephone" means a wireless telephone authorized by the federal communications commission to operate in the frequency bandwidth reserved for cellular radio telephones;
(2) "Cellular telephone data" means any data that is stored in a cellular telephone including telephone numbers, addresses, pictures, documents, texts, videos, music and any other information that is stored in a cellular telephone; and
(3) "Law enforcement officer" means any person authorized to effectuate an arrest who is employed by the state, or a county, municipality or metropolitan form of government.
(b) No law enforcement officer shall search, examine, extract or duplicate any cellular telephone data, even if incident to a lawful arrest, unless: (1) The officer has obtained a search warrant issued pursuant to this part or Rule 41 of the Tennessee Rules of Criminal Procedure; (2) The owner of the cellular telephone or the person in possession of the cellular telephone at the time it is seized gives the officer informed consent for the officer to search the cellular telephone; or (3) Exigent circumstances exist at the time of the seizure requiring the officer to search the cellular telephone.
(1) The officer has obtained a search warrant issued pursuant to this part or Rule 41 of the Tennessee Rules of Criminal Procedure;
(2) The owner of the cellular telephone or the person in possession of the cellular telephone at the time it is seized gives the officer informed consent for the officer to search the cellular telephone; or
(3) Exigent circumstances exist at the time of the seizure requiring the officer to search the cellular telephone.
(c) No cellular telephone data that is obtained in violation of this section may be used in any court of law or administrative board as evidence, nor may other evidence that is derived from the illegally obtained data be used as evidence in any such proceeding.
(d) This section shall not apply to any cellular telephone that, at the time of its seizure or discovery, has been abandoned by the owner or person responsible for its abandonment.
Acts 2014, ch. 785, § 1.
Tenn. Code Ann. § 40-11-112 — TN Code / Title 40 / Chapter 11 / Section 40-11-112
Arrest warrant issued for failure to comply with conditions
Status: in_force

(a) Upon an increase in the amount of bail required, the court having jurisdiction at the time of the increase shall declare a forfeiture and may issue a warrant for the arrest of the defendant. (b) Upon the defendant's failure to comply with any condition of a bail bond or recognizance release, the court having jurisdiction at the time of the failure shall declare a forfeiture and may issue a warrant for the arrest of the defendant; provided, that, if the defendant is charged with a Class A, B, C, or D felony, then the court shall issue a warrant for the arrest of the defendant. Amended by 2024 Tenn. Acts, ch. 1055,s 2, eff. 7/1/2024. Acts 1978, ch. 506, § 12; T.C.A., § 40-1212.
(a) Upon an increase in the amount of bail required, the court having jurisdiction at the time of the increase shall declare a forfeiture and may issue a warrant for the arrest of the defendant.
(b) Upon the defendant's failure to comply with any condition of a bail bond or recognizance release, the court having jurisdiction at the time of the failure shall declare a forfeiture and may issue a warrant for the arrest of the defendant; provided, that, if the defendant is charged with a Class A, B, C, or D felony, then the court shall issue a warrant for the arrest of the defendant.
Amended by 2024 Tenn. Acts, ch. 1055,s 2, eff. 7/1/2024.
Acts 1978, ch. 506, § 12; T.C.A., § 40-1212.
Tenn. Code Ann. § 40-7-201 — TN Code / Title 40 / Chapter 7 / Section 40-7-201
Short title
Status: in_force

This part shall be known and may be cited as the "Uniform Law on Fresh Pursuit." Acts 1939, ch. 146, § 8; C. Supp. 1950, § 11546.1 (Williams, § 11546.8); T.C.A. (orig. ed.), § 40-809.
This part shall be known and may be cited as the "Uniform Law on Fresh Pursuit."
Acts 1939, ch. 146, § 8; C. Supp. 1950, § 11546.1 (Williams, § 11546.8); T.C.A. (orig. ed.), § 40-809.
Tenn. Code Ann. § 40-18-116 — TN Code / Title 40 / Chapter 18 / Section 40-18-116
Sequestration of jurors
Status: in_force

In all criminal prosecutions, except those in which a death sentence may be rendered, jurors shall only be sequestered at the sound discretion of the trial judge, which shall prohibit the jurors from separating at times when they are not engaged upon actual trial or deliberation of the case. Acts 1965, ch. 47, § 1; 1975, ch. 49, § 1; T.C.A., § 40-2528; Acts 1995, ch. 43, § 1; 2002, ch. 741, § 1.
In all criminal prosecutions, except those in which a death sentence may be rendered, jurors shall only be sequestered at the sound discretion of the trial judge, which shall prohibit the jurors from separating at times when they are not engaged upon actual trial or deliberation of the case.
Acts 1965, ch. 47, § 1; 1975, ch. 49, § 1; T.C.A., § 40-2528; Acts 1995, ch. 43, § 1; 2002, ch. 741, § 1.
Tenn. Code Ann. § 40-31-102 — TN Code / Title 40 / Chapter 31 / Section 40-31-102
"Appropriate court" defined
Status: in_force

"Appropriate court," as used in the agreement on detainers, with reference to the courts of this state, means a court of record with criminal jurisdiction. Acts 1970, ch. 560, § 2; T.C.A., § 40-3902.
"Appropriate court," as used in the agreement on detainers, with reference to the courts of this state, means a court of record with criminal jurisdiction.
Acts 1970, ch. 560, § 2; T.C.A., § 40-3902.
Tenn. Code Ann. § 40-35-216 — TN Code / Title 40 / Chapter 35 / Section 40-35-216
First hours served hour for hour
Status: in_force

Notwithstanding any other law or judgment of conviction to the contrary, the first forty-eight (48) hours of any sentence that a defendant is permitted to serve on nonconsecutive days, or in any manner other than continuous confinement or day for day, shall be served hour for hour. This section shall only apply to sentences imposed pursuant to § 55-10-402 . Amended by 2013 Tenn. Acts, ch. 154,s 37, eff. 7/1/2013. Acts 1995, ch. 440, § 1.
Notwithstanding any other law or judgment of conviction to the contrary, the first forty-eight (48) hours of any sentence that a defendant is permitted to serve on nonconsecutive days, or in any manner other than continuous confinement or day for day, shall be served hour for hour. This section shall only apply to sentences imposed pursuant to § 55-10-402 .
Amended by 2013 Tenn. Acts, ch. 154,s 37, eff. 7/1/2013.
Acts 1995, ch. 440, § 1.
Tenn. Code Ann. § 40-17-116 — TN Code / Title 40 / Chapter 17 / Section 40-17-116
Certificate required for payment of witness fees
Status: in_force

The commissioner of finance and administration shall issue no warrant for the payment of costs of witnesses, unless the certificate of the judge and district attorney general show that the inspection took place. Code 1858, § 5599; Shan., § 7643; Code 1932, § 12272; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12272; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 40-2426.
The commissioner of finance and administration shall issue no warrant for the payment of costs of witnesses, unless the certificate of the judge and district attorney general show that the inspection took place.
Code 1858, § 5599; Shan., § 7643; Code 1932, § 12272; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12272; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 40-2426.
Tenn. Code Ann. § 40-28-601 — TN Code / Title 40 / Chapter 28 / Section 40-28-601
Supervision of parolees
Status: in_force

(a) The department is charged with the duty of supervising all prisoners released on parole from the prisons of the state, workhouses, jails or those accepted through the interstate compact, and of making investigation as may be necessary in connection therewith. (b) A probation and parole officer may, with the consent of the director, suspend direct supervision of a parolee after a successful two-year period of supervision. The parolee shall continue on parole and be subject to all rules and conditions of parole. A parolee who violates the rules and conditions may be subject to reinstatement of direct supervision or revocation of parole. Acts 2012, ch. 727, § 43.
(a) The department is charged with the duty of supervising all prisoners released on parole from the prisons of the state, workhouses, jails or those accepted through the interstate compact, and of making investigation as may be necessary in connection therewith.
(b) A probation and parole officer may, with the consent of the director, suspend direct supervision of a parolee after a successful two-year period of supervision. The parolee shall continue on parole and be subject to all rules and conditions of parole. A parolee who violates the rules and conditions may be subject to reinstatement of direct supervision or revocation of parole.
Acts 2012, ch. 727, § 43.
Tenn. Code Ann. § 40-10-110 — TN Code / Title 40 / Chapter 10 / Section 40-10-110
Minors as witnesses
Status: in_force

Minors, being material witnesses for the prosecution, may also be required, in the discretion of the magistrate, to procure sureties who will undertake for their appearance to testify, or the magistrate may issue subpoenas and have those minors instantly summoned to appear and testify. Code 1858, §5070; Shan., § 7029; Code 1932, § 11569; T.C.A. (orig. ed.), §40-1125; Acts 1984, ch. 515, § 1.
Minors, being material witnesses for the prosecution, may also be required, in the discretion of the magistrate, to procure sureties who will undertake for their appearance to testify, or the magistrate may issue subpoenas and have those minors instantly summoned to appear and testify.
Code 1858, §5070; Shan., § 7029; Code 1932, § 11569; T.C.A. (orig. ed.), §40-1125; Acts 1984, ch. 515, § 1.
Tenn. Code Ann. § 40-30-210 — TN Code / Title 40 / Chapter 30 / Section 40-30-210
Records and reports
Status: in_force

The post-conviction defender shall keep appropriate records and make annual reports concerning caseload, funding, staffing, and salaries to the post-conviction defender oversight commission; provided, however, that the post-conviction defender and the defender's staff shall not discuss specific details about any case with the members of the commission. Acts 1995, ch. 510, § 1; T.C.A. § 40-30-310 ; Acts 2011, ch. 414, § 10.
The post-conviction defender shall keep appropriate records and make annual reports concerning caseload, funding, staffing, and salaries to the post-conviction defender oversight commission; provided, however, that the post-conviction defender and the defender's staff shall not discuss specific details about any case with the members of the commission.
Acts 1995, ch. 510, § 1; T.C.A. § 40-30-310 ; Acts 2011, ch. 414, § 10.
Tenn. Code Ann. § 40-25-118 — TN Code / Title 40 / Chapter 25 / Section 40-25-118
Certification of fees for boarding juries and prisoners under indictment
Status: in_force

In all felony cases, after indictment is found, in which the state may eventually become liable, the clerk of the court shall certify at the adjournment of each term of the court, all fees of the sheriff for board of the prisoners; and also the fees for boarding the juries in cases in which there has been no final disposition. Acts 1893, ch. 138, § 1; Shan., § 7623; Code 1932, § 12252; T.C.A. (orig. ed.), § 40-3320; Acts 1983, ch. 418, § 6.
In all felony cases, after indictment is found, in which the state may eventually become liable, the clerk of the court shall certify at the adjournment of each term of the court, all fees of the sheriff for board of the prisoners; and also the fees for boarding the juries in cases in which there has been no final disposition.
Acts 1893, ch. 138, § 1; Shan., § 7623; Code 1932, § 12252; T.C.A. (orig. ed.), § 40-3320; Acts 1983, ch. 418, § 6.
Tenn. Code Ann. § 40-11-114 — TN Code / Title 40 / Chapter 11 / Section 40-11-114
Contents of written undertaking
Status: in_force

(a) Bail, when not given in open court, is given by a written undertaking, containing the conditions of release, the agreement of the defendant to appear in the court having jurisdiction of the offense as directed by the court and/or an amount to be paid for nonappearance, signed by the defendant, and if made under § 40-11-122(2) , signed also by court-approved and sufficient surety or sureties. The written undertaking must be approved by the officer taking it. (b) An electronically transmitted facsimile copy of a written undertaking shall have the same legal effect as the original written undertaking. An electronically transmitted facsimile copy of a written undertaking signed by the defendant shall have the same legal effect as the written undertaking signed by the defendant. Acts 1978, ch. 506, § 14; T.C.A., § 40-1214; Acts 1999, ch. 52, § 1.
(a) Bail, when not given in open court, is given by a written undertaking, containing the conditions of release, the agreement of the defendant to appear in the court having jurisdiction of the offense as directed by the court and/or an amount to be paid for nonappearance, signed by the defendant, and if made under § 40-11-122(2) , signed also by court-approved and sufficient surety or sureties. The written undertaking must be approved by the officer taking it.
(b) An electronically transmitted facsimile copy of a written undertaking shall have the same legal effect as the original written undertaking. An electronically transmitted facsimile copy of a written undertaking signed by the defendant shall have the same legal effect as the written undertaking signed by the defendant.
Acts 1978, ch. 506, § 14; T.C.A., § 40-1214; Acts 1999, ch. 52, § 1.
Tenn. Code Ann. § 40-33-205 — TN Code / Title 40 / Chapter 33 / Section 40-33-205
Security interests
Status: in_force

(a) If a secured party with a duly perfected security interest receives notification pursuant to § 40-33-204(g) that a forfeiture warrant has been issued with regard to the secured property, the secured party must submit proof of the security interest to the applicable agency within thirty (30) days of receipt of the notification in order for this subsection (a) to apply. A secured party with a duly perfected interest or any successor in interest to the secured party who does not receive notice of intent to forfeit the interest pursuant to § 40-33-204(b)(1)(C) , need not file a claim to preserve any right the party may have to the property. Upon receiving proof of a security interest, no cost bond or other pleadings need be filed by the secured party or successor in interest in order to protect its interest in the seized property or to assert a claim to the property as provided in § 40-33-206 . If the applicable agency notifies a secured party that it intends to seek forfeiture of the secured party's interest, it shall seek a forfeiture warrant against the secured party as provided in § 40-33-204(b) . Upon receiving notice that a forfeiture warrant has been issued, the secured party is required to file a claim for the property as provided in this part. (b) Any secured party, other than one described in subsection (a), or any successor in interest to the secured party may file a claim for seized property by complying with § 40-33-206 , within thirty (30) days of the date the forfeiture warrant is issued. Acts 1994, ch. 925, § 1.
(a) If a secured party with a duly perfected security interest receives notification pursuant to § 40-33-204(g) that a forfeiture warrant has been issued with regard to the secured property, the secured party must submit proof of the security interest to the applicable agency within thirty (30) days of receipt of the notification in order for this subsection (a) to apply. A secured party with a duly perfected interest or any successor in interest to the secured party who does not receive notice of intent to forfeit the interest pursuant to § 40-33-204(b)(1)(C) , need not file a claim to preserve any right the party may have to the property. Upon receiving proof of a security interest, no cost bond or other pleadings need be filed by the secured party or successor in interest in order to protect its interest in the seized property or to assert a claim to the property as provided in § 40-33-206 . If the applicable agency notifies a secured party that it intends to seek forfeiture of the secured party's interest, it shall seek a forfeiture warrant against the secured party as provided in § 40-33-204(b) . Upon receiving notice that a forfeiture warrant has been issued, the secured party is required to file a claim for the property as provided in this part.
(b) Any secured party, other than one described in subsection (a), or any successor in interest to the secured party may file a claim for seized property by complying with § 40-33-206 , within thirty (30) days of the date the forfeiture warrant is issued.
Acts 1994, ch. 925, § 1.
Tenn. Code Ann. § 40-23-105 — TN Code / Title 40 / Chapter 23 / Section 40-23-105
Felons sentenced to jail compelled to hard labor
Status: in_force

All persons convicted of a felony, whose imprisonment has been by the jury commuted to imprisonment in the county jail, shall be compelled to work out the term of imprisonment at hard labor in the county workhouse in the county where convicted. Acts 1881, ch. 105, § 1; Shan., § 7207; Code 1932, § 11792; T.C.A. (orig. ed.), § 40-3106.
All persons convicted of a felony, whose imprisonment has been by the jury commuted to imprisonment in the county jail, shall be compelled to work out the term of imprisonment at hard labor in the county workhouse in the county where convicted.
Acts 1881, ch. 105, § 1; Shan., § 7207; Code 1932, § 11792; T.C.A. (orig. ed.), § 40-3106.
Tenn. Code Ann. § 40-5-201 — TN Code / Title 40 / Chapter 5 / Section 40-5-201
Creation of position - Duties
Status: in_force

(a) The legislative body of any county having a metropolitan form of government may, by ordinance, create the position of one (1) or more judicial commissioners. (b) The duties of the commissioner or commissioners include, but are not limited to, the following: (1) The issuance of arrest warrants upon a finding of probable cause; (2) The setting of bonds and recognizances in accordance with the procedures outlined in this chapter and chapter 6 of this title; and (3) The issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 . (c) The legislative body of any county having a population of not less than twenty-one thousand five hundred (21,500) nor more than twenty-one thousand seven hundred (21,700), according to the 1980 federal census or any subsequent federal census, may, by resolution, create the position of one (1) or more judicial commissioners pursuant to this part. Acts 1983, ch. 86, § 1; 1986, ch. 901, § 1.
(a) The legislative body of any county having a metropolitan form of government may, by ordinance, create the position of one (1) or more judicial commissioners.
(b) The duties of the commissioner or commissioners include, but are not limited to, the following: (1) The issuance of arrest warrants upon a finding of probable cause; (2) The setting of bonds and recognizances in accordance with the procedures outlined in this chapter and chapter 6 of this title; and (3) The issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 .
(1) The issuance of arrest warrants upon a finding of probable cause;
(2) The setting of bonds and recognizances in accordance with the procedures outlined in this chapter and chapter 6 of this title; and
(3) The issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 .
(c) The legislative body of any county having a population of not less than twenty-one thousand five hundred (21,500) nor more than twenty-one thousand seven hundred (21,700), according to the 1980 federal census or any subsequent federal census, may, by resolution, create the position of one (1) or more judicial commissioners pursuant to this part.
Acts 1983, ch. 86, § 1; 1986, ch. 901, § 1.
Tenn. Code Ann. § 40-13-214 — TN Code / Title 40 / Chapter 13 / Section 40-13-214
Alleging libel
Status: in_force

An indictment for libel need not set forth any extrinsic facts for the purpose of showing the application to the party libeled of the defamatory matter upon which the indictment is founded, but it is sufficient to state generally that defamatory matter was published concerning the person and the fact that it was so published shall be established on trial. Code 1858, § 5131; Shan., § 7094; Code 1932, § 11639; T.C.A. (orig. ed.), § 40-1816.
An indictment for libel need not set forth any extrinsic facts for the purpose of showing the application to the party libeled of the defamatory matter upon which the indictment is founded, but it is sufficient to state generally that defamatory matter was published concerning the person and the fact that it was so published shall be established on trial.
Code 1858, § 5131; Shan., § 7094; Code 1932, § 11639; T.C.A. (orig. ed.), § 40-1816.
Tenn. Code Ann. § 40-22-102 — TN Code / Title 40 / Chapter 22 / Section 40-22-102
Suspension of execution to permit application for pardon
Status: in_force

Whenever a plea of guilty is entered by the defendant to an indictment charging a felony, and it appears to the circuit or criminal court judge receiving the plea that the prisoner is only technically guilty, or that there are circumstances or conditions connected with the alleged crime or in the defendant's life and surroundings tending to mitigate the offense, or if it is the prisoner's first offense, and it is not likely that the prisoner will again engage in an offensive and criminal course of conduct if released, and in the opinion of the presiding judge the public good does not require that the defendant suffer the disgrace of imprisonment at hard labor in the penitentiary, the execution of sentence and judgment may, in the discretion of the judge, be suspended until the next term of the court, so as to enable application to be made to the governor for a pardon. Acts 1915, ch. 135, § 1; Shan., § 7230a1; Code 1932, § 11822; T.C.A. (orig. ed.), § 40-3002.
Whenever a plea of guilty is entered by the defendant to an indictment charging a felony, and it appears to the circuit or criminal court judge receiving the plea that the prisoner is only technically guilty, or that there are circumstances or conditions connected with the alleged crime or in the defendant's life and surroundings tending to mitigate the offense, or if it is the prisoner's first offense, and it is not likely that the prisoner will again engage in an offensive and criminal course of conduct if released, and in the opinion of the presiding judge the public good does not require that the defendant suffer the disgrace of imprisonment at hard labor in the penitentiary, the execution of sentence and judgment may, in the discretion of the judge, be suspended until the next term of the court, so as to enable application to be made to the governor for a pardon.
Acts 1915, ch. 135, § 1; Shan., § 7230a1; Code 1932, § 11822; T.C.A. (orig. ed.), § 40-3002.
Tenn. Code Ann. § 40-1-107 — TN Code / Title 40 / Chapter 1 / Section 40-1-107
Courts vested with original jurisdiction
Status: in_force

Original jurisdiction of criminal actions is committed to the courts of general sessions, city judges of certain towns and cities, the circuit courts, the criminal courts and the court for the trial of impeachments. Amended by 2018 Tenn. Acts, ch. 1046, s 3, eff. 7/1/2018. Code 1858, §4965; Shan., § 6926; Code 1932, §11466; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-115; Acts 1993, ch. 115, § 4.
Original jurisdiction of criminal actions is committed to the courts of general sessions, city judges of certain towns and cities, the circuit courts, the criminal courts and the court for the trial of impeachments.
Amended by 2018 Tenn. Acts, ch. 1046, s 3, eff. 7/1/2018.
Code 1858, §4965; Shan., § 6926; Code 1932, §11466; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-115; Acts 1993, ch. 115, § 4.
Tenn. Code Ann. § 40-35-502 — TN Code / Title 40 / Chapter 35 / Section 40-35-502
Conversion of fractions in calculations
Status: in_force

(a) For purposes of calculating the release eligibility date, a fraction of a month is construed to mean: (1) For one tenth (0.1) of a month, three (3) days; (2) For two tenths (0.2) of a month, six (6) days; (3) For three tenths (0.3) of a month, nine (9) days; (4) For four tenths (0.4) of a month, twelve (12) days; (5) For five tenths (0.5) of a month, fifteen (15) days; (6) For six tenths (0.6) of a month, eighteen (18) days; (7) For seven tenths (0.7) of a month, twenty-one (21) days; (8) For eight tenths (0.8) of a month, twenty-four (24) days; and (9) For nine tenths (0.9) of a month, twenty-seven (27) days. (b) For purposes of calculating the release eligibility date for a sentence of less than one (1) year, a fraction of a day is construed to mean that the next day is the release eligibility date. Acts 1989, ch. 591, § 6.
(a) For purposes of calculating the release eligibility date, a fraction of a month is construed to mean: (1) For one tenth (0.1) of a month, three (3) days; (2) For two tenths (0.2) of a month, six (6) days; (3) For three tenths (0.3) of a month, nine (9) days; (4) For four tenths (0.4) of a month, twelve (12) days; (5) For five tenths (0.5) of a month, fifteen (15) days; (6) For six tenths (0.6) of a month, eighteen (18) days; (7) For seven tenths (0.7) of a month, twenty-one (21) days; (8) For eight tenths (0.8) of a month, twenty-four (24) days; and (9) For nine tenths (0.9) of a month, twenty-seven (27) days.
(1) For one tenth (0.1) of a month, three (3) days;
(2) For two tenths (0.2) of a month, six (6) days;
(3) For three tenths (0.3) of a month, nine (9) days;
(4) For four tenths (0.4) of a month, twelve (12) days;
(5) For five tenths (0.5) of a month, fifteen (15) days;
(6) For six tenths (0.6) of a month, eighteen (18) days;
(7) For seven tenths (0.7) of a month, twenty-one (21) days;
(8) For eight tenths (0.8) of a month, twenty-four (24) days; and
(9) For nine tenths (0.9) of a month, twenty-seven (27) days.
(b) For purposes of calculating the release eligibility date for a sentence of less than one (1) year, a fraction of a day is construed to mean that the next day is the release eligibility date.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-11-304 — TN Code / Title 40 / Chapter 11 / Section 40-11-304
Receipts furnished by bondsmen
Status: in_force

(a) It is the duty of a professional bondsman in all transactions with any persons, whether an accused, or those representing or purporting to represent an accused, whenever money or other consideration or thing of value is collected or received by the bondsman as surety, to furnish a receipt showing the name of the person paying the money or other thing of value, the name of the person for whom paid, the suit, action or matter in which the money is paid and the account or purpose for which it is received or is to be applied, and to keep a duplicate copy of every receipt. (b) Any failure, refusal or neglect to furnish receipts or keep duplicates of receipts is declared to be unlawful. Acts 1939, ch. 199, § 10; C. Supp. 1950, § 11715.10; T.C.A. (orig. ed.), § 40-1404.
(a) It is the duty of a professional bondsman in all transactions with any persons, whether an accused, or those representing or purporting to represent an accused, whenever money or other consideration or thing of value is collected or received by the bondsman as surety, to furnish a receipt showing the name of the person paying the money or other thing of value, the name of the person for whom paid, the suit, action or matter in which the money is paid and the account or purpose for which it is received or is to be applied, and to keep a duplicate copy of every receipt.
(b) Any failure, refusal or neglect to furnish receipts or keep duplicates of receipts is declared to be unlawful.
Acts 1939, ch. 199, § 10; C. Supp. 1950, § 11715.10; T.C.A. (orig. ed.), § 40-1404.
Tenn. Code Ann. § 40-35-202 — TN Code / Title 40 / Chapter 35 / Section 40-35-202
Notice of intent to seek enhanced punishment - Statement of enhancement and mitigating factors
Status: in_force

(a) If the district attorney general believes that a defendant should be sentenced as a multiple, persistent or career offender, the district attorney general shall file a statement thereof with the court and defense counsel not less than ten (10) days before trial or acceptance of a guilty plea; provided, that notice may be waived by the defendant in writing with the consent of the district attorney general and the court accepting the plea. The statement, which shall not be made known to the jury determining the guilt or innocence of the defendant on the primary offense, must set forth the nature of the prior felony convictions, the dates of the convictions and the identity of the courts of the convictions. The original or certified copy of the court record of any prior felony conviction, bearing the same name as that by which the defendant is charged in the primary offense, is prima facie evidence that the defendant named in the record is the same as the defendant before the court, and is prima facie evidence of the facts set out in the record. (b) In all cases following a finding of guilt, the court may require that: (1) The district attorney general file a statement with the court setting forth any enhancement or mitigating factors the district attorney general believes should be considered by the court; and (2) The defendant file a statement with the court setting forth all mitigating factors known to the defendant and indicating any mitigating factors the defendant believes should be considered by the court. Acts 1989, ch. 591, § 6.
(a) If the district attorney general believes that a defendant should be sentenced as a multiple, persistent or career offender, the district attorney general shall file a statement thereof with the court and defense counsel not less than ten (10) days before trial or acceptance of a guilty plea; provided, that notice may be waived by the defendant in writing with the consent of the district attorney general and the court accepting the plea. The statement, which shall not be made known to the jury determining the guilt or innocence of the defendant on the primary offense, must set forth the nature of the prior felony convictions, the dates of the convictions and the identity of the courts of the convictions. The original or certified copy of the court record of any prior felony conviction, bearing the same name as that by which the defendant is charged in the primary offense, is prima facie evidence that the defendant named in the record is the same as the defendant before the court, and is prima facie evidence of the facts set out in the record.
(b) In all cases following a finding of guilt, the court may require that: (1) The district attorney general file a statement with the court setting forth any enhancement or mitigating factors the district attorney general believes should be considered by the court; and (2) The defendant file a statement with the court setting forth all mitigating factors known to the defendant and indicating any mitigating factors the defendant believes should be considered by the court.
(1) The district attorney general file a statement with the court setting forth any enhancement or mitigating factors the district attorney general believes should be considered by the court; and
(2) The defendant file a statement with the court setting forth all mitigating factors known to the defendant and indicating any mitigating factors the defendant believes should be considered by the court.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-3-102 — TN Code / Title 40 / Chapter 3 / Section 40-3-102
Indictment or presentment
Status: in_force

All violations of the criminal laws may be prosecuted by indictment or presentment of a grand jury, and a presentment may be made upon the information of any one (1) of the grand jury. Code 1858, § 4990 (deriv. Acts 1841-1842, ch. 141, § 4); Shan., § 6949; Code 1932, § 11490; T.C.A. (orig. ed.), § 40-302.
All violations of the criminal laws may be prosecuted by indictment or presentment of a grand jury, and a presentment may be made upon the information of any one (1) of the grand jury.
Code 1858, § 4990 (deriv. Acts 1841-1842, ch. 141, § 4); Shan., § 6949; Code 1932, § 11490; T.C.A. (orig. ed.), § 40-302.
Tenn. Code Ann. § 40-30-204 — TN Code / Title 40 / Chapter 30 / Section 40-30-204
Chair - Meetings - Duties
Status: in_force

(a) The members of the commission shall designate one (1) member of the commission as chair. (b) Meetings of the commission may be held upon reasonable notice to the commission members by the chair of the commission and shall be in compliance with title 8, chapter 44. (c) The commission shall appoint a qualified attorney to the office of post-conviction defender. (d) The commission shall prepare an annual budget for the office of the post-conviction defender, administer the funds made available to the office, and oversee the expenditure of the funds. Acts 1995, ch. 510, § 1; T.C.A. § 40-30-304 ; Acts 2011 , ch. 414, § 7.
(a) The members of the commission shall designate one (1) member of the commission as chair.
(b) Meetings of the commission may be held upon reasonable notice to the commission members by the chair of the commission and shall be in compliance with title 8, chapter 44.
(c) The commission shall appoint a qualified attorney to the office of post-conviction defender.
(d) The commission shall prepare an annual budget for the office of the post-conviction defender, administer the funds made available to the office, and oversee the expenditure of the funds.
Acts 1995, ch. 510, § 1; T.C.A. § 40-30-304 ; Acts 2011 , ch. 414, § 7.
Tenn. Code Ann. § 40-39-212 — TN Code / Title 40 / Chapter 39 / Section 40-39-212
Registration requirement
Status: in_force

(a) Upon the court's acceptance of a defendant's entry of a plea of guilty or a finding of guilt by a jury or judge after trial, and, notwithstanding the absence of a final sentencing and entry of a judgment of conviction, any defendant who is employed or practices a vocation, establishes a primary or secondary residence or becomes a student in this state and who enters a plea of guilty to a sexual offense as defined by § 40-39-202 or a violent sexual offense as defined by § 40-39-202 , shall be required to register with a registering agency. (b) Notwithstanding the absence of a final sentencing and entry of a judgment of conviction, any defendant who is employed or practices a vocation, establishes a primary or secondary residence or becomes a student in this state and who enters a plea of guilty to an offense in another state, county or jurisdiction that may result in a conviction of a sexual offense as defined by § 40-39-202 or a violent sexual offense as defined by § 40-39-202 , shall be required to register with a registering agency. (c) Upon the court's acceptance of a defendant's entry of a plea of guilty, and notwithstanding the absence of a final sentencing and entry of a judgment of conviction, any defendant from another state who enters a plea of guilty to an offense in this state that may result in a conviction of a sexual offense as defined by § 40-39-202 or a violent sexual offense as defined by § 40-39-202 , shall be required to register with a registering agency. (d) This part shall apply to offenders who received diversion under § 40-35-313 or its equivalent in any other jurisdiction. Acts 2007, ch. 451, § 1; 2008, ch. 1164, § 12; 2010, ch. 1138, § 12.
(a) Upon the court's acceptance of a defendant's entry of a plea of guilty or a finding of guilt by a jury or judge after trial, and, notwithstanding the absence of a final sentencing and entry of a judgment of conviction, any defendant who is employed or practices a vocation, establishes a primary or secondary residence or becomes a student in this state and who enters a plea of guilty to a sexual offense as defined by § 40-39-202 or a violent sexual offense as defined by § 40-39-202 , shall be required to register with a registering agency.
(b) Notwithstanding the absence of a final sentencing and entry of a judgment of conviction, any defendant who is employed or practices a vocation, establishes a primary or secondary residence or becomes a student in this state and who enters a plea of guilty to an offense in another state, county or jurisdiction that may result in a conviction of a sexual offense as defined by § 40-39-202 or a violent sexual offense as defined by § 40-39-202 , shall be required to register with a registering agency.
(c) Upon the court's acceptance of a defendant's entry of a plea of guilty, and notwithstanding the absence of a final sentencing and entry of a judgment of conviction, any defendant from another state who enters a plea of guilty to an offense in this state that may result in a conviction of a sexual offense as defined by § 40-39-202 or a violent sexual offense as defined by § 40-39-202 , shall be required to register with a registering agency.
(d) This part shall apply to offenders who received diversion under § 40-35-313 or its equivalent in any other jurisdiction.
Acts 2007, ch. 451, § 1; 2008, ch. 1164, § 12; 2010, ch. 1138, § 12.
Tenn. Code Ann. § 40-38-405 — TN Code / Title 40 / Chapter 38 / Section 40-38-405
Use of state funds
Status: in_force

The department of finance and administration, office of criminal justice programs, is authorized to make an annual grant from the fund created under § 40-24-107 , to the Tennessee Coalition Against Domestic and Sexual Violence for the purpose of supporting the activities of the academy; provided, however, that no such grant shall be issued unless the coalition submits to the department of finance and administration, office of criminal justice programs, a plan specifying the use of the moneys and the plan is approved by the office of criminal justice programs. In determining whether to approve the plan for any given year, the office of criminal justice programs shall ensure the plan specifies that the money shall be used to benefit victims of all types of crime as provided in § 40-38-403 . The grant authorized in this section shall not exceed one hundred thousand dollars ($100,000) and is subject to authorization contained in the general appropriations act. Acts 2008, ch. 1077, § 2.
The department of finance and administration, office of criminal justice programs, is authorized to make an annual grant from the fund created under § 40-24-107 , to the Tennessee Coalition Against Domestic and Sexual Violence for the purpose of supporting the activities of the academy; provided, however, that no such grant shall be issued unless the coalition submits to the department of finance and administration, office of criminal justice programs, a plan specifying the use of the moneys and the plan is approved by the office of criminal justice programs. In determining whether to approve the plan for any given year, the office of criminal justice programs shall ensure the plan specifies that the money shall be used to benefit victims of all types of crime as provided in § 40-38-403 . The grant authorized in this section shall not exceed one hundred thousand dollars ($100,000) and is subject to authorization contained in the general appropriations act.
Acts 2008, ch. 1077, § 2.
Tenn. Code Ann. § 40-10-113 — TN Code / Title 40 / Chapter 10 / Section 40-10-113
Magistrates acting in association
Status: in_force

Any magistrate to whom information is made, or before whom any defendant is brought, may associate with the magistrate one (1) or more magistrates of the same grade, and the powers and duties in this chapter prescribed may be executed and performed by them. Code 1858, §5075; Shan., § 7034; Code 1932, § 11574; T.C.A. (orig. ed.), § 40-1130.
Any magistrate to whom information is made, or before whom any defendant is brought, may associate with the magistrate one (1) or more magistrates of the same grade, and the powers and duties in this chapter prescribed may be executed and performed by them.
Code 1858, §5075; Shan., § 7034; Code 1932, § 11574; T.C.A. (orig. ed.), § 40-1130.
Tenn. Code Ann. § 40-12-104 — TN Code / Title 40 / Chapter 12 / Section 40-12-104
Application to testify by person having knowledge of commission of offense
Status: in_force

(a) Any person having knowledge or proof of the commission of a public offense triable or indictable in the county may testify before the grand jury. (b) The person having knowledge or proof shall appear before the foreman. The person may also submit the sworn affidavits of others whose testimony the person wishes to have considered. (c) The person shall designate two (2) grand jurors who shall, with the foreman, comprise a panel to determine whether the knowledge warrants investigation by the grand jury. The panel may consult the district attorney general or the court for guidance in making its determination. The majority decision of the panel shall be final and shall be promptly communicated to the person along with reasons for the action taken. (d) Submission of an affidavit which the person knows to be false in any material regard shall be punishable as perjury. An affiant who permits submission of a false affidavit, knowing it to be false in any material regard, is guilty of perjury. Any person subsequently testifying before the grand jury as to any material fact known by the person to be false is guilty of perjury. Acts 1978, ch. 727, § 1; modified; T.C.A., § 40-1626; Acts 1995, ch. 213, §§ 1-4.
(a) Any person having knowledge or proof of the commission of a public offense triable or indictable in the county may testify before the grand jury.
(b) The person having knowledge or proof shall appear before the foreman. The person may also submit the sworn affidavits of others whose testimony the person wishes to have considered.
(c) The person shall designate two (2) grand jurors who shall, with the foreman, comprise a panel to determine whether the knowledge warrants investigation by the grand jury. The panel may consult the district attorney general or the court for guidance in making its determination. The majority decision of the panel shall be final and shall be promptly communicated to the person along with reasons for the action taken.
(d) Submission of an affidavit which the person knows to be false in any material regard shall be punishable as perjury. An affiant who permits submission of a false affidavit, knowing it to be false in any material regard, is guilty of perjury. Any person subsequently testifying before the grand jury as to any material fact known by the person to be false is guilty of perjury.
Acts 1978, ch. 727, § 1; modified; T.C.A., § 40-1626; Acts 1995, ch. 213, §§ 1-4.
Tenn. Code Ann. § 40-38-612 — TN Code / Title 40 / Chapter 38 / Section 40-38-612
Effect of program participation on custody or visitation orders
Status: in_force

(a) Nothing in this part, including participation in the program created by this part, shall affect custody or visitation orders in effect prior to or during program participation. (b) Program participation does not constitute evidence of domestic abuse, stalking, human trafficking, or any sexual offense and shall not be considered for purposes of making an order allocating parental responsibilities or parenting time, except that a court may consider practical measures to keep a program participant's confidential address confidential when making an order allocating parental responsibilities or parenting time. Added by 2018 Tenn. Acts, ch. 1004,s 1, eff. 3/1/2019.
(a) Nothing in this part, including participation in the program created by this part, shall affect custody or visitation orders in effect prior to or during program participation.
(b) Program participation does not constitute evidence of domestic abuse, stalking, human trafficking, or any sexual offense and shall not be considered for purposes of making an order allocating parental responsibilities or parenting time, except that a court may consider practical measures to keep a program participant's confidential address confidential when making an order allocating parental responsibilities or parenting time.
Added by 2018 Tenn. Acts, ch. 1004,s 1, eff. 3/1/2019.
Tenn. Code Ann. § 40-6-102 — TN Code / Title 40 / Chapter 6 / Section 40-6-102
Grounds for issuance
Status: in_force

A search warrant may be issued on any one (1) of the following grounds: (1) Where the property was stolen or embezzled; (2) Where the property was used as the means of committing a felony; (3) Where the property is in the possession of any person with the intent to use it as a means of committing a public offense, or in the possession of another to whom the person may have delivered it, for the purpose of concealing it, or preventing its discovery; and (4) Any other ground provided by law. Code 1858, §5318; Shan., § 7296; mod. Code 1932, § 11898; T.C.A. (orig. ed.), § 40-502.
A search warrant may be issued on any one (1) of the following grounds:
(1) Where the property was stolen or embezzled;
(2) Where the property was used as the means of committing a felony;
(3) Where the property is in the possession of any person with the intent to use it as a means of committing a public offense, or in the possession of another to whom the person may have delivered it, for the purpose of concealing it, or preventing its discovery; and
(4) Any other ground provided by law.
Code 1858, §5318; Shan., § 7296; mod. Code 1932, § 11898; T.C.A. (orig. ed.), § 40-502.
Tenn. Code Ann. § 40-17-117 — TN Code / Title 40 / Chapter 17 / Section 40-17-117
Proof of incorporation
Status: in_force

(a) In the trial of criminal cases, it shall not be necessary for the state to prove the incorporation of any corporation mentioned in the indictment or presentment, unless the defendant within thirty (30) days after indictment or presentment, if defendant be under bond, or within thirty (30) days after arrest on capias, denies the existence of the corporation by a sworn plea. (b) On all trials for offenses where the existence of a corporation must be shown, a legally authenticated copy of the charter of the corporation, or a book purporting to be the public statute book of the United States, or of the particular state in which the charter is printed, shall be prima facie evidence of the existence of the corporation. Code 1858, § 5379 (deriv. Acts 1829, ch. 23, § 70); Shan., § 7357; Code 1932, §§ 11961, 11962; T.C.A. (orig. ed.), §§ 40-2439, 40-2440.
(a) In the trial of criminal cases, it shall not be necessary for the state to prove the incorporation of any corporation mentioned in the indictment or presentment, unless the defendant within thirty (30) days after indictment or presentment, if defendant be under bond, or within thirty (30) days after arrest on capias, denies the existence of the corporation by a sworn plea.
(b) On all trials for offenses where the existence of a corporation must be shown, a legally authenticated copy of the charter of the corporation, or a book purporting to be the public statute book of the United States, or of the particular state in which the charter is printed, shall be prima facie evidence of the existence of the corporation.
Code 1858, § 5379 (deriv. Acts 1829, ch. 23, § 70); Shan., § 7357; Code 1932, §§ 11961, 11962; T.C.A. (orig. ed.), §§ 40-2439, 40-2440.
Tenn. Code Ann. § 40-27-102 — TN Code / Title 40 / Chapter 27 / Section 40-27-102
Conditions and restrictions - Warrants
Status: in_force

The governor may grant pardons upon such conditions and with such restrictions and limitations as the governor may deem proper, and may issue warrants to all proper officers to carry into effect a conditional pardon. Code 1858, §5261; Shan., § 7236; Code 1932, § 11842; Acts 1963, ch. 23, § 1; 1982, ch. 604, § 1; T.C.A. (orig. ed.), § 40-3502.
The governor may grant pardons upon such conditions and with such restrictions and limitations as the governor may deem proper, and may issue warrants to all proper officers to carry into effect a conditional pardon.
Code 1858, §5261; Shan., § 7236; Code 1932, § 11842; Acts 1963, ch. 23, § 1; 1982, ch. 604, § 1; T.C.A. (orig. ed.), § 40-3502.
Tenn. Code Ann. § 40-30-312 — TN Code / Title 40 / Chapter 30 / Section 40-30-312
Analysis results - Dismissal of petition - Order for hearing
Status: in_force

If the results of the post-conviction DNA analysis are not favorable to the petitioner, the court shall dismiss the petition, and make further orders as may be appropriate. If the results of the post-conviction DNA analysis are favorable, the court shall order a hearing, notwithstanding any provisions of law or rule of court that would bar the hearing as untimely, and thereafter make orders as are required or permitted by the rules of criminal procedure or part 1 of this chapter. Acts 2001, ch. 444, § 1; T.C.A. § 40-30-412.
If the results of the post-conviction DNA analysis are not favorable to the petitioner, the court shall dismiss the petition, and make further orders as may be appropriate. If the results of the post-conviction DNA analysis are favorable, the court shall order a hearing, notwithstanding any provisions of law or rule of court that would bar the hearing as untimely, and thereafter make orders as are required or permitted by the rules of criminal procedure or part 1 of this chapter.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-412.
Tenn. Code Ann. § 40-7-101 — TN Code / Title 40 / Chapter 7 / Section 40-7-101
Persons by whom arrests made
Status: in_force

An arrest may be made either by: (1) An officer under a warrant; (2) An officer without a warrant; or (3) A private person. Code 1858, § 5032; Shan., § 6992; Code 1932, § 11531; T.C.A. (orig. ed.), § 40-801.
An arrest may be made either by:
(1) An officer under a warrant;
(2) An officer without a warrant; or
(3) A private person.
Code 1858, § 5032; Shan., § 6992; Code 1932, § 11531; T.C.A. (orig. ed.), § 40-801.
Tenn. Code Ann. § 40-17-209 — TN Code / Title 40 / Chapter 17 / Section 40-17-209
Immunities of witnesses entering or passing through state on summons
Status: in_force

(a) If a person comes into this state in obedience to a summons directing the witness to attend and testify in this state, the witness shall not, while in this state pursuant to the summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the witness's entrance into this state under the summons. (b) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state, or while returning from that other state, the witness shall not, while so passing through this state, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the witness's entrance into this state under the summons. Acts 1939, ch. 148, § 5; C. Supp. 1950, § 11979.5; T.C.A. (orig. ed.), § 40-2437.
(a) If a person comes into this state in obedience to a summons directing the witness to attend and testify in this state, the witness shall not, while in this state pursuant to the summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the witness's entrance into this state under the summons.
(b) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state, or while returning from that other state, the witness shall not, while so passing through this state, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the witness's entrance into this state under the summons.
Acts 1939, ch. 148, § 5; C. Supp. 1950, § 11979.5; T.C.A. (orig. ed.), § 40-2437.
Tenn. Code Ann. § 40-13-106 — TN Code / Title 40 / Chapter 13 / Section 40-13-106
Endorsement when indictment not found
Status: in_force

If twelve (12) grand jurors do not concur in finding an indictment, the fact may be made known by endorsing the words "Not found" or other words of the same purport on the papers signed by the foreman. Code 1858, § 5094; Shan., § 7056; Code 1932, § 11601; T.C.A. (orig. ed.), § 40-1707.
If twelve (12) grand jurors do not concur in finding an indictment, the fact may be made known by endorsing the words "Not found" or other words of the same purport on the papers signed by the foreman.
Code 1858, § 5094; Shan., § 7056; Code 1932, § 11601; T.C.A. (orig. ed.), § 40-1707.
Tenn. Code Ann. § 40-35-208 — TN Code / Title 40 / Chapter 35 / Section 40-35-208
Filing of report - Availability to parties
Status: in_force

The presentence report shall be filed with the clerk of the court and complete copies shall be made available to the parties within ten (10) days prior to the sentencing hearing, which may be waived by the consent of all parties and the court. Acts 1989, ch. 591, § 6.
The presentence report shall be filed with the clerk of the court and complete copies shall be made available to the parties within ten (10) days prior to the sentencing hearing, which may be waived by the consent of all parties and the court.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-18-107 — TN Code / Title 40 / Chapter 18 / Section 40-18-107
Boarding jurors
Status: in_force

(a) When, in the judgment of the court trying criminal cases, wholesome food and proper lodging cannot be provided for the petit jurors for a lesser sum, the court shall have the power to make arrangements to provide the jurors with proper board and lodging while serving on the jury, and to pay for board and lodging daily a sum not to exceed one thousand dollars ($1,000) per jury per day of service. (b) Notwithstanding subsection (a), if a judicial proceeding is transferred from one jurisdiction to another for trial on a defendant's motion for change of venue, then the limitation of one thousand dollars ($1,000) for the board and lodging of the jury shall not apply; provided, that the comptroller of the treasury, on the advice of the attorney general and reporter, determines that additional funds for boarding and lodging of the jury are necessary. Amended by 2013 Tenn. Acts, ch. 454,s 23, eff. 5/16/2013. Acts 1919, ch. 27; Shan. Supp., § 5844; Code 1932, § 10044; mod. C. Supp. 1950, § 10044; Acts 1963, ch. 164, § 1; 1971, ch. 325, § 1; 1982, ch. 926, § 1; T.C.A. (orig. ed.), § 40-2512; Acts 1983, ch. 455, § 1; 1984, ch. 981, §§ 1, 2; 2006, ch. 898, § 1.
(a) When, in the judgment of the court trying criminal cases, wholesome food and proper lodging cannot be provided for the petit jurors for a lesser sum, the court shall have the power to make arrangements to provide the jurors with proper board and lodging while serving on the jury, and to pay for board and lodging daily a sum not to exceed one thousand dollars ($1,000) per jury per day of service.
(b) Notwithstanding subsection (a), if a judicial proceeding is transferred from one jurisdiction to another for trial on a defendant's motion for change of venue, then the limitation of one thousand dollars ($1,000) for the board and lodging of the jury shall not apply; provided, that the comptroller of the treasury, on the advice of the attorney general and reporter, determines that additional funds for boarding and lodging of the jury are necessary.
Amended by 2013 Tenn. Acts, ch. 454,s 23, eff. 5/16/2013.
Acts 1919, ch. 27; Shan. Supp., § 5844; Code 1932, § 10044; mod. C. Supp. 1950, § 10044; Acts 1963, ch. 164, § 1; 1971, ch. 325, § 1; 1982, ch. 926, § 1; T.C.A. (orig. ed.), § 40-2512; Acts 1983, ch. 455, § 1; 1984, ch. 981, §§ 1, 2; 2006, ch. 898, § 1.
Tenn. Code Ann. § 40-29-103 — TN Code / Title 40 / Chapter 29 / Section 40-29-103
Notice to district attorney general and to United States attorney
Status: in_force

Before the petition of a person rendered infamous or deprived of the rights of citizenship by the judgment of a state court is heard, the district attorney general in whose county the petitioner currently resides and the district attorney general of the county in which the petitioner was convicted shall have twenty (20) days' notice of the petition in order that, if deemed advisable, each may resist. The United States attorney and the district attorney general in whose district the petitioner currently resides shall be given notice, with the same opportunity to resist, when the petitioner was rendered infamous or deprived of the rights of citizenship by the judgment of a federal court. Code 1858, § 1966 (deriv. Acts 1851-1852, ch. 30, § 1); Shan., § 3657; mod. Code 1932, § 7185; modified; T.C.A. (orig. ed.), § 40-3703; Acts 1983, ch. 207, § 3.
Before the petition of a person rendered infamous or deprived of the rights of citizenship by the judgment of a state court is heard, the district attorney general in whose county the petitioner currently resides and the district attorney general of the county in which the petitioner was convicted shall have twenty (20) days' notice of the petition in order that, if deemed advisable, each may resist. The United States attorney and the district attorney general in whose district the petitioner currently resides shall be given notice, with the same opportunity to resist, when the petitioner was rendered infamous or deprived of the rights of citizenship by the judgment of a federal court.
Code 1858, § 1966 (deriv. Acts 1851-1852, ch. 30, § 1); Shan., § 3657; mod. Code 1932, § 7185; modified; T.C.A. (orig. ed.), § 40-3703; Acts 1983, ch. 207, § 3.
Tenn. Code Ann. § 40-31-108 — TN Code / Title 40 / Chapter 31 / Section 40-31-108
Distribution of copies of enactment
Status: in_force

Copies of this chapter shall, upon its approval, be transmitted to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments. Acts 1970, ch. 560, § 8; T.C.A., § 40-3908.
Copies of this chapter shall, upon its approval, be transmitted to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments.
Acts 1970, ch. 560, § 8; T.C.A., § 40-3908.
Tenn. Code Ann. § 40-17-107 — TN Code / Title 40 / Chapter 17 / Section 40-17-107
Issuance of subpoenas by clerk
Status: in_force

(a) The clerk of the court in which a criminal cause is pending shall issue subpoenas, at any time, to any part of the state, for witnesses as either the district attorney general or the defendant may require. (b) The clerk shall also issue a subpoena, without any application, for witnesses whose names are marked as witnesses by the district attorney general upon the indictment. (c) The clerk shall issue no subpoena for a witness, on behalf of the state, except witnesses as are so marked or subsequently directed by the district attorney general, in writing, to be summoned. (d) This section shall govern when a clerk is required to issue a subpoena in a criminal case in general sessions court. If any local rule of court conflicts with this section, this section shall prevail and the clerk shall issue subpoenas in accordance with this section. Code 1858, §§ 5381, 5382, 5597 (deriv. Acts 1822, ch. 40, § 1); Shan., §§ 7359, 7360, 7641; Code 1932, §§ 11964, 11965, 12270; modified; T.C.A. (orig. ed.), §§ 40-2408 -- 40-2410; Acts 1997, ch. 377, § 3.
(a) The clerk of the court in which a criminal cause is pending shall issue subpoenas, at any time, to any part of the state, for witnesses as either the district attorney general or the defendant may require.
(b) The clerk shall also issue a subpoena, without any application, for witnesses whose names are marked as witnesses by the district attorney general upon the indictment.
(c) The clerk shall issue no subpoena for a witness, on behalf of the state, except witnesses as are so marked or subsequently directed by the district attorney general, in writing, to be summoned.
(d) This section shall govern when a clerk is required to issue a subpoena in a criminal case in general sessions court. If any local rule of court conflicts with this section, this section shall prevail and the clerk shall issue subpoenas in accordance with this section.
Code 1858, §§ 5381, 5382, 5597 (deriv. Acts 1822, ch. 40, § 1); Shan., §§ 7359, 7360, 7641; Code 1932, §§ 11964, 11965, 12270; modified; T.C.A. (orig. ed.), §§ 40-2408 -- 40-2410; Acts 1997, ch. 377, § 3.
Tenn. Code Ann. § 40-28-607 — TN Code / Title 40 / Chapter 28 / Section 40-28-607
Report of violation of parole - Declaration of delinquency
Status: in_force

(a) If the probation and parole officer having charge of a paroled prisoner has reasonable cause to believe that the prisoner has violated the conditions of parole in an important respect, the officer shall report the facts to the director of probation and parole. The director or the director's designee shall review the reports and may issue a warrant for the retaking of the prisoner if the director or the director's designee agrees that parole may have been violated in an important respect. The governor shall have the power to issue requisition for the person if the person has departed from the state. (b) Whenever there is reasonable cause to believe that a parolee has violated parole and a parole violation warrant has been issued, the director of probation and parole may declare the parolee to be delinquent and the parolee will stop earning credit for service of the parolee's sentence from the date the warrant was issued until the removal of delinquency by the board. (c) Section 40-28-122(f) shall apply if: (1) A paroled prisoner's probation and parole officer believes that the prisoner has violated the conditions of parole in an important respect based solely on the paroled prisoner being arrested on new criminal charges while on parole; (2) The director or the director's designee agrees that the paroled prisoner violated parole solely by being arrested for a new criminal charge and a warrant for the retaking of the paroled prisoner is issued; and (3) The paroled prisoner is arrested and incarcerated pending or following a parole revocation or rescission hearing. Amended by 2017 Tenn. Acts, ch. 162, s 1, eff. 4/24/2017. Acts 2012 , ch. 727, § 43.
(a) If the probation and parole officer having charge of a paroled prisoner has reasonable cause to believe that the prisoner has violated the conditions of parole in an important respect, the officer shall report the facts to the director of probation and parole. The director or the director's designee shall review the reports and may issue a warrant for the retaking of the prisoner if the director or the director's designee agrees that parole may have been violated in an important respect. The governor shall have the power to issue requisition for the person if the person has departed from the state.
(b) Whenever there is reasonable cause to believe that a parolee has violated parole and a parole violation warrant has been issued, the director of probation and parole may declare the parolee to be delinquent and the parolee will stop earning credit for service of the parolee's sentence from the date the warrant was issued until the removal of delinquency by the board.
(c) Section 40-28-122(f) shall apply if: (1) A paroled prisoner's probation and parole officer believes that the prisoner has violated the conditions of parole in an important respect based solely on the paroled prisoner being arrested on new criminal charges while on parole; (2) The director or the director's designee agrees that the paroled prisoner violated parole solely by being arrested for a new criminal charge and a warrant for the retaking of the paroled prisoner is issued; and (3) The paroled prisoner is arrested and incarcerated pending or following a parole revocation or rescission hearing.
(1) A paroled prisoner's probation and parole officer believes that the prisoner has violated the conditions of parole in an important respect based solely on the paroled prisoner being arrested on new criminal charges while on parole;
(2) The director or the director's designee agrees that the paroled prisoner violated parole solely by being arrested for a new criminal charge and a warrant for the retaking of the paroled prisoner is issued; and
(3) The paroled prisoner is arrested and incarcerated pending or following a parole revocation or rescission hearing.
Amended by 2017 Tenn. Acts, ch. 162, s 1, eff. 4/24/2017.
Acts 2012 , ch. 727, § 43.
Tenn. Code Ann. § 40-6-207 — TN Code / Title 40 / Chapter 6 / Section 40-6-207
Form of warrant
Status: in_force

The warrant of arrest may be substantially as follows: State of Tennessee, County of ____________________. To any lawful officer of the state: Information on oath having been made to me that the offense of (designating or describing it) has been committed, and accusing C. D. thereof: You are, therefore, commanded, in the name of the state, forthwith to arrest C. D., and bring C. D. before me, or some other magistrate of the county, to answer the charge. E. F., Magistrate for ____________________ County. Code 1858, § 5025; Shan., § 6984; Code 1932, § 11523; T.C.A. (orig. ed.), § 40-707.
The warrant of arrest may be substantially as follows:
State of Tennessee,
County of ____________________.
To any lawful officer of the state:
Information on oath having been made to me that the offense of (designating or describing it) has been committed, and accusing C. D. thereof: You are, therefore, commanded, in the name of the state, forthwith to arrest C. D., and bring C. D. before me, or some other magistrate of the county, to answer the charge. E. F., Magistrate for ____________________ County.
Code 1858, § 5025; Shan., § 6984; Code 1932, § 11523; T.C.A. (orig. ed.), § 40-707.
Tenn. Code Ann. § 40-11-210 — TN Code / Title 40 / Chapter 11 / Section 40-11-210
Disposition of copies of certificate
Status: in_force

The district attorney general shall issue a separate certificate in duplicate, for each separate plot of land offered for sale by the sheriff under §§ 40-11-206 - 40-11-208 and so purchased by the district attorney general, one (1) copy of the certificate to be delivered to the sheriff and one (1) copy to the clerk of the court having jurisdiction of the cause to be retained by the clerk in the records of the court. Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a5; Code 1932, § 11702; modified; T.C.A. (orig. ed.), § 40-1310.
The district attorney general shall issue a separate certificate in duplicate, for each separate plot of land offered for sale by the sheriff under §§ 40-11-206 - 40-11-208 and so purchased by the district attorney general, one (1) copy of the certificate to be delivered to the sheriff and one (1) copy to the clerk of the court having jurisdiction of the cause to be retained by the clerk in the records of the court.
Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a5; Code 1932, § 11702; modified; T.C.A. (orig. ed.), § 40-1310.
Tenn. Code Ann. § 40-14-308 — TN Code / Title 40 / Chapter 14 / Section 40-14-308
Habeas corpus proceedings
Status: in_force

In the event a proceeding for the writ of habeas corpus is commenced in any court which has not authorized a court reporter under this part, the judge of that court shall immediately notify the administrative director of the commencement of the proceedings and the administrative director shall immediately arrange for a court reporter to record the proceedings. In courts where habeas corpus proceedings are filed on a recurring basis, the administrative director may make arrangements for reporters without the necessity of case-by-case notification by the judge. Acts 1965, ch. 221, § 8; T.C.A., § 40-2036; Acts 1993, ch. 66, § 62.
In the event a proceeding for the writ of habeas corpus is commenced in any court which has not authorized a court reporter under this part, the judge of that court shall immediately notify the administrative director of the commencement of the proceedings and the administrative director shall immediately arrange for a court reporter to record the proceedings. In courts where habeas corpus proceedings are filed on a recurring basis, the administrative director may make arrangements for reporters without the necessity of case-by-case notification by the judge.
Acts 1965, ch. 221, § 8; T.C.A., § 40-2036; Acts 1993, ch. 66, § 62.
Tenn. Code Ann. § 40-30-209 — TN Code / Title 40 / Chapter 30 / Section 40-30-209
Salary
Status: in_force

(a) The post-conviction defender shall be paid a salary equal to the amount established by law for district public defenders. (b) Full-time assistant post-conviction defenders shall be compensated in an amount set by the post-conviction defender in compliance with the assistant public defender's pay schedule and shall be paid from funds appropriated for that purpose. (c) All payments of the salary of the post-conviction defender and employees of the office and payments for other necessary expenses of the office from state funds appropriated therefor shall be considered as being for a valid public purpose. (d) Notwithstanding any law to the contrary, any limitations on compensation and step increases that apply to district public defenders and assistant public defenders for the period of time beginning from June 16, 2003, to June 30, 2004, and June 25, 2009, to June 30, 2010, shall also apply to post-conviction defenders and assistant post-conviction defenders. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in this section shall not include time of service between July 1, 2003, and June 30, 2004, and between July 1, 2009, and June 30, 2010. (e) The salary increase provided by this section and suspended by subsection (d) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification pursuant to this section, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included. Amended by 2017 Tenn. Acts, ch. 461,s 9, eff. 7/1/2017. Acts 1995, ch. 510, § 1; T.C.A. § 40-30-309 ; Acts 2009, ch. 531, § 28.
(a) The post-conviction defender shall be paid a salary equal to the amount established by law for district public defenders.
(b) Full-time assistant post-conviction defenders shall be compensated in an amount set by the post-conviction defender in compliance with the assistant public defender's pay schedule and shall be paid from funds appropriated for that purpose.
(c) All payments of the salary of the post-conviction defender and employees of the office and payments for other necessary expenses of the office from state funds appropriated therefor shall be considered as being for a valid public purpose.
(d) Notwithstanding any law to the contrary, any limitations on compensation and step increases that apply to district public defenders and assistant public defenders for the period of time beginning from June 16, 2003, to June 30, 2004, and June 25, 2009, to June 30, 2010, shall also apply to post-conviction defenders and assistant post-conviction defenders. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in this section shall not include time of service between July 1, 2003, and June 30, 2004, and between July 1, 2009, and June 30, 2010.
(e) The salary increase provided by this section and suspended by subsection (d) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification pursuant to this section, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included.
Amended by 2017 Tenn. Acts, ch. 461,s 9, eff. 7/1/2017.
Acts 1995, ch. 510, § 1; T.C.A. § 40-30-309 ; Acts 2009, ch. 531, § 28.
Tenn. Code Ann. § 40-38-118 — TN Code / Title 40 / Chapter 38 / Section 40-38-118
Informing victim of Tennessee statewide automated victim information and notification services
Status: in_force

(a) When a law enforcement officer responds to a report of a crime, and the crime is one (1) of the crimes listed in subsection (b), the officer shall inform the alleged victim of the Tennessee statewide automated victim information and notification service created by part 5 of this chapter, provided by the Tennessee sheriffs' association. The officer shall provide written informational materials, if available, and briefly explain the purpose of the program and the requirements for participating. If the alleged victim is injured or otherwise unable to understand the officer, the officer shall leave materials, if available, regarding the notification system with the alleged victim. (b) The offenses to which this section applies are: (1) Domestic assault, as prohibited by § 39-13-111 ; (2) Vandalism, as prohibited by § 39-14-408 , or false imprisonment, as prohibited by § 39-13-302 , where the victim of the offense is a domestic abuse victim, as defined in § 36-3-601 ; (3) Violation of an order of protection or restraining order, as prohibited by § 39-13-113 ; and (4) Stalking, as prohibited by § 39-17-315 . (c) Any law enforcement agency that does not already have written informational materials regarding the Tennessee statewide automated victim information and notification service shall, by July 1, 2016, obtain a supply, if available, from the victim witness coordinator in the district attorneys general office or from the Tennessee sheriffs' association. Added by 2016 Tenn. Acts, ch. 1073,s 1, eff. 7/1/2016.
(a) When a law enforcement officer responds to a report of a crime, and the crime is one (1) of the crimes listed in subsection (b), the officer shall inform the alleged victim of the Tennessee statewide automated victim information and notification service created by part 5 of this chapter, provided by the Tennessee sheriffs' association. The officer shall provide written informational materials, if available, and briefly explain the purpose of the program and the requirements for participating. If the alleged victim is injured or otherwise unable to understand the officer, the officer shall leave materials, if available, regarding the notification system with the alleged victim.
(b) The offenses to which this section applies are: (1) Domestic assault, as prohibited by § 39-13-111 ; (2) Vandalism, as prohibited by § 39-14-408 , or false imprisonment, as prohibited by § 39-13-302 , where the victim of the offense is a domestic abuse victim, as defined in § 36-3-601 ; (3) Violation of an order of protection or restraining order, as prohibited by § 39-13-113 ; and (4) Stalking, as prohibited by § 39-17-315 .
(1) Domestic assault, as prohibited by § 39-13-111 ;
(2) Vandalism, as prohibited by § 39-14-408 , or false imprisonment, as prohibited by § 39-13-302 , where the victim of the offense is a domestic abuse victim, as defined in § 36-3-601 ;
(3) Violation of an order of protection or restraining order, as prohibited by § 39-13-113 ; and
(4) Stalking, as prohibited by § 39-17-315 .
(c) Any law enforcement agency that does not already have written informational materials regarding the Tennessee statewide automated victim information and notification service shall, by July 1, 2016, obtain a supply, if available, from the victim witness coordinator in the district attorneys general office or from the Tennessee sheriffs' association.
Added by 2016 Tenn. Acts, ch. 1073,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 40-11-135 — TN Code / Title 40 / Chapter 11 / Section 40-11-135
Return of bail bond after arrest
Status: in_force

The sheriff making the arrest under § 40-11-134 shall return the copy of the bail bond, with an endorsement of the sheriff's action, in the same manner as the sheriff is required to return a capias. Acts 1978, ch. 506, § 33; T.C.A., § 40-1235.
The sheriff making the arrest under § 40-11-134 shall return the copy of the bail bond, with an endorsement of the sheriff's action, in the same manner as the sheriff is required to return a capias.
Acts 1978, ch. 506, § 33; T.C.A., § 40-1235.
Tenn. Code Ann. § 40-14-203 — TN Code / Title 40 / Chapter 14 / Section 40-14-203
Scope of representation
Status: in_force

Any attorney appointed to represent any person under this part shall proceed to counsel with and represent the person at all stages of the proceedings before the court which appointed the attorney and also upon any appeal from the judgment of the court which imposes a prison sentence. Appointed counsel is required to represent the defendant only through the initial appellate review and is not required to pursue the matter through a second tier discretionary appeal by applying to the supreme court for writ of certiorari. Acts 1965, ch. 217, § 5; 1976, ch. 645, § 1; T.C.A., § 40-2018.
Any attorney appointed to represent any person under this part shall proceed to counsel with and represent the person at all stages of the proceedings before the court which appointed the attorney and also upon any appeal from the judgment of the court which imposes a prison sentence. Appointed counsel is required to represent the defendant only through the initial appellate review and is not required to pursue the matter through a second tier discretionary appeal by applying to the supreme court for writ of certiorari.
Acts 1965, ch. 217, § 5; 1976, ch. 645, § 1; T.C.A., § 40-2018.
Tenn. Code Ann. § 40-20-107 — TN Code / Title 40 / Chapter 20 / Section 40-20-107
Verdict and sentence on felony conviction
Status: in_force

(a) Whenever any person over eighteen (18) years of age is convicted of any felony or other crime punishable by imprisonment in the penitentiary, with the punishment for the offense within minimum and maximum terms provided for by law, the jury, in addition to finding the defendant guilty, shall fix the minimum and maximum term of the convicted defendant; provided, that the minimum sentence so fixed shall not be increased to exceed more than twice the minimum sentence as provided by law or the minimum sentence provided by law plus one half (½) the difference between the minimum and maximum sentence as provided by law, whichever is less. Its form of verdict shall be: "We find the defendant guilty as charged in the indictment" or "We find the defendant guilty of ____________________ (whatever may be the offense charged), and fix punishment at imprisonment in the penitentiary for not less than ____________________ years nor more than ____________________ years," and the court imposing judgment upon the verdict shall not fix a definite term of imprisonment, but shall sentence the person to the penitentiary for a period of not less than nor more than the term fixed by the jury, making allowance for good time as now provided by law. (b) This section shall have no application in the case of persons convicted of second degree murder, rape of a female over the age of twelve (12) years, carnal knowledge and abuse of a female under the age of twelve (12) years, assault and battery upon a female under the age of twelve (12) years with the intent to unlawfully carnally know her, robbery by the use of a deadly weapon, kidnapping for ransom, or any Class X felony. Persons convicted of the offenses of this subsection (b) shall be given a determinate, and not an indeterminate sentence. Acts 1913, ch. 8, § 1; Shan., § 7202a1; Acts 1923, ch. 52, § 1; Code 1932, § 11766; Acts 1973, ch. 163, §§ 1, 2; 1974, ch. 768, § 1; 1979, ch. 318, § 15; T.C.A. (orig. ed.), § 40-2707.
(a) Whenever any person over eighteen (18) years of age is convicted of any felony or other crime punishable by imprisonment in the penitentiary, with the punishment for the offense within minimum and maximum terms provided for by law, the jury, in addition to finding the defendant guilty, shall fix the minimum and maximum term of the convicted defendant; provided, that the minimum sentence so fixed shall not be increased to exceed more than twice the minimum sentence as provided by law or the minimum sentence provided by law plus one half (½) the difference between the minimum and maximum sentence as provided by law, whichever is less. Its form of verdict shall be: "We find the defendant guilty as charged in the indictment" or "We find the defendant guilty of ____________________ (whatever may be the offense charged), and fix punishment at imprisonment in the penitentiary for not less than ____________________ years nor more than ____________________ years," and the court imposing judgment upon the verdict shall not fix a definite term of imprisonment, but shall sentence the person to the penitentiary for a period of not less than nor more than the term fixed by the jury, making allowance for good time as now provided by law.
(b) This section shall have no application in the case of persons convicted of second degree murder, rape of a female over the age of twelve (12) years, carnal knowledge and abuse of a female under the age of twelve (12) years, assault and battery upon a female under the age of twelve (12) years with the intent to unlawfully carnally know her, robbery by the use of a deadly weapon, kidnapping for ransom, or any Class X felony. Persons convicted of the offenses of this subsection (b) shall be given a determinate, and not an indeterminate sentence.
Acts 1913, ch. 8, § 1; Shan., § 7202a1; Acts 1923, ch. 52, § 1; Code 1932, § 11766; Acts 1973, ch. 163, §§ 1, 2; 1974, ch. 768, § 1; 1979, ch. 318, § 15; T.C.A. (orig. ed.), § 40-2707.
Tenn. Code Ann. § 40-28-402 — TN Code / Title 40 / Chapter 28 / Section 40-28-402
Council for interstate adult offender supervision
Status: in_force

(a) The governor shall establish by an executive order the following: (1) The initial composition and terms of the Tennessee council for interstate adult offender supervision required by article III, paragraph B, of the Interstate Compact for Supervision of Adult Offenders. Members will be appointed by the governor to those positions, except that any positions representing the legislative branch shall be made jointly by the speaker of the house of representatives and the speaker of the senate and any positions representing the judicial branch shall be made by the chief justice of the Tennessee supreme court; (2) The qualifications and terms of the compact administrator required by article II, paragraph C, of that compact shall be determined by the state council; and (3) Any other matters necessary for the implementation of the compact at the time it becomes effective. (b) Except as provided by subdivisions (a)(1) and (2), the department of correction may promulgate any rules and regulations necessary to implement and administer the compact after it goes into effect. Acts 2002, ch. 805, § 3; 2012, ch. 727, § 41.
(a) The governor shall establish by an executive order the following: (1) The initial composition and terms of the Tennessee council for interstate adult offender supervision required by article III, paragraph B, of the Interstate Compact for Supervision of Adult Offenders. Members will be appointed by the governor to those positions, except that any positions representing the legislative branch shall be made jointly by the speaker of the house of representatives and the speaker of the senate and any positions representing the judicial branch shall be made by the chief justice of the Tennessee supreme court; (2) The qualifications and terms of the compact administrator required by article II, paragraph C, of that compact shall be determined by the state council; and (3) Any other matters necessary for the implementation of the compact at the time it becomes effective.
(1) The initial composition and terms of the Tennessee council for interstate adult offender supervision required by article III, paragraph B, of the Interstate Compact for Supervision of Adult Offenders. Members will be appointed by the governor to those positions, except that any positions representing the legislative branch shall be made jointly by the speaker of the house of representatives and the speaker of the senate and any positions representing the judicial branch shall be made by the chief justice of the Tennessee supreme court;
(2) The qualifications and terms of the compact administrator required by article II, paragraph C, of that compact shall be determined by the state council; and
(3) Any other matters necessary for the implementation of the compact at the time it becomes effective.
(b) Except as provided by subdivisions (a)(1) and (2), the department of correction may promulgate any rules and regulations necessary to implement and administer the compact after it goes into effect.
Acts 2002, ch. 805, § 3; 2012, ch. 727, § 41.
Tenn. Code Ann. § 40-28-605 — TN Code / Title 40 / Chapter 28 / Section 40-28-605
Parole and probation officers - Powers and duties
Status: in_force

The duties of probation and parole officers shall be to supervise, investigate and check on the conduct, behavior and progress of parolees and persons placed on probation by the courts or pursuant to § 40-35-501(a)(3) , and assigned to them for supervision and shall make to the director or court, as appropriate, a report of the investigations, and shall perform other duties and functions as the director of probation and parole may direct. Acts 2012 , ch. 727, § 43.
The duties of probation and parole officers shall be to supervise, investigate and check on the conduct, behavior and progress of parolees and persons placed on probation by the courts or pursuant to § 40-35-501(a)(3) , and assigned to them for supervision and shall make to the director or court, as appropriate, a report of the investigations, and shall perform other duties and functions as the director of probation and parole may direct.
Acts 2012 , ch. 727, § 43.
Tenn. Code Ann. § 40-12-207 — TN Code / Title 40 / Chapter 12 / Section 40-12-207
Persons present during proceedings
Status: in_force

The district attorney general, the witness under examination, an interpreter when needed and, for the purpose of taking the evidence, a stenographer may be present while the investigative grand jury is in session, but no person other than jurors and alternates may be present while the grand jury is deliberating or voting. Acts 1990, ch. 1051, § 1.
The district attorney general, the witness under examination, an interpreter when needed and, for the purpose of taking the evidence, a stenographer may be present while the investigative grand jury is in session, but no person other than jurors and alternates may be present while the grand jury is deliberating or voting.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-1-109 — TN Code / Title 40 / Chapter 1 / Section 40-1-109
Jurisdiction of general sessions courts
Status: in_force

In addition to the jurisdiction in criminal cases as conferred in §§ 16-15-401 and 16-15-501 , the court of general sessions is vested with jurisdiction to try and determine and render final judgment in all misdemeanor cases brought before the court by warrant or information where the person charged with the misdemeanor enters a plea of guilty in writing or requests a trial upon the merits and expressly waives an indictment, presentment, grand jury investigation and jury trial. The waiver shall be in writing as provided in Rule 5 of the Tennessee Rules of Criminal Procedure. In such cases, the trial shall proceed before the court without the intervention of a jury, and the court shall enter judgment, and, as an incident thereto, may inflict punishment within the limits provided by law for the particular offense as the court may determine proper under the peculiar circumstances of the case. Code 1858, §4969; Shan., § 6930; mod. Code 1932, § 11469; Acts 1959, ch. 109, § 5; 1967, ch. 360, § 1; 1969, ch. 214, §1; impl. am. Acts 1979, ch. 68, §3; T.C.A. (orig. ed.), §§40-117, 40-118; Acts 1983, ch. 334, § 1; 1993, ch. 241, § 56.
In addition to the jurisdiction in criminal cases as conferred in §§ 16-15-401 and 16-15-501 , the court of general sessions is vested with jurisdiction to try and determine and render final judgment in all misdemeanor cases brought before the court by warrant or information where the person charged with the misdemeanor enters a plea of guilty in writing or requests a trial upon the merits and expressly waives an indictment, presentment, grand jury investigation and jury trial. The waiver shall be in writing as provided in Rule 5 of the Tennessee Rules of Criminal Procedure. In such cases, the trial shall proceed before the court without the intervention of a jury, and the court shall enter judgment, and, as an incident thereto, may inflict punishment within the limits provided by law for the particular offense as the court may determine proper under the peculiar circumstances of the case.
Code 1858, §4969; Shan., § 6930; mod. Code 1932, § 11469; Acts 1959, ch. 109, § 5; 1967, ch. 360, § 1; 1969, ch. 214, §1; impl. am. Acts 1979, ch. 68, §3; T.C.A. (orig. ed.), §§40-117, 40-118; Acts 1983, ch. 334, § 1; 1993, ch. 241, § 56.
Tenn. Code Ann. § 40-14-208 — TN Code / Title 40 / Chapter 14 / Section 40-14-208
Applications for reimbursement or compensation
Status: in_force

(a) Each attorney seeking reimbursement or compensation under this part shall file an application with the trial court stating in detail the nature and amount of the expenses claimed, supporting the claim with receipts showing payment of the expenses and stating the nature and extent of services performed including those in connection with any preliminary hearing. (b) Any attorney rendering services or incurring expenses incident to any appeal and seeking compensation or reimbursement therefor shall file an application with the appellate court stating in detail the matters required in applications to trial courts and any other information as the rules of the court require. (c) All applications for compensation or reimbursement shall also state any payments made or to be made to the applicant by or on behalf of the accused, and the court, in fixing compensation, shall take those payments into account. (d) A certified copy of the court order fixing any compensation or approving any expenses under this part, along with a true copy of the attorney's application, shall be forwarded to the administrative director of the courts, who shall audit and review the order and application, and upon finding payment to be in order, process the payment of compensation and expenses out of money appropriated for that purpose. Acts 1965, ch. 217, §§ 11-14; T.C.A., §§ 40-2024 -- 40-2027; Acts 1993, ch. 66, § 53.
(a) Each attorney seeking reimbursement or compensation under this part shall file an application with the trial court stating in detail the nature and amount of the expenses claimed, supporting the claim with receipts showing payment of the expenses and stating the nature and extent of services performed including those in connection with any preliminary hearing.
(b) Any attorney rendering services or incurring expenses incident to any appeal and seeking compensation or reimbursement therefor shall file an application with the appellate court stating in detail the matters required in applications to trial courts and any other information as the rules of the court require.
(c) All applications for compensation or reimbursement shall also state any payments made or to be made to the applicant by or on behalf of the accused, and the court, in fixing compensation, shall take those payments into account.
(d) A certified copy of the court order fixing any compensation or approving any expenses under this part, along with a true copy of the attorney's application, shall be forwarded to the administrative director of the courts, who shall audit and review the order and application, and upon finding payment to be in order, process the payment of compensation and expenses out of money appropriated for that purpose.
Acts 1965, ch. 217, §§ 11-14; T.C.A., §§ 40-2024 -- 40-2027; Acts 1993, ch. 66, § 53.