Tenn. Code Ann. § 40-24-107 — TN Code / Title 40 / Chapter 24 / Section 40-24-107
Criminal injuries compensation fund - County criminal injuries compensation reserve
Status: in_force

(a) (1) (A) When any person is convicted by a circuit court or a comparable court of record with jurisdiction over criminal matters of a crime of any nature after July 1, 1984, except those crimes for which the law imposes as a maximum possible punishment a fine of less than five hundred dollars ($500) and no imprisonment, there is levied a privilege tax of twenty-six dollars and fifty cents ($26.50) in addition to any other costs or fees imposed in the action. If the person is convicted of a crime against the person, the privilege tax shall be fifty dollars ($50.00) in addition to any other costs or fees. (B) In addition to all other taxes imposed and in addition to other costs or fees, if any person is convicted of a crime against the person of a child under the age of eighteen (18) that constitutes a criminal offense under § 39-12-101 , § 39-13-101 , §§ 39-13-501 - 39-13-505, § 39-15-302 , or § 39-17-1005 , there is levied a privilege tax of five hundred dollars ($500). (2) If any person is convicted by a court of general sessions or a comparable court with jurisdiction over criminal matters of a crime of any nature after July 1, 1984, except those crimes for which the law imposes as a maximum possible punishment a fine of less than five hundred dollars ($500) and no imprisonment, there is levied a privilege tax of twenty-six dollars and fifty cents ($26.50) in addition to any other costs or fees imposed in the action. If the person is convicted of a crime against the person, the privilege tax shall be fifty dollars ($50.00) in addition to any other costs or fees. (3) Nothing in this subsection (a) shall be construed as applying to violations of the motor vehicle laws unless the violation is covered by the provisions of title 55, chapter 10, part 4, relating to driving while intoxicated, § 55-10-205 , relating to reckless driving, if the reckless driving was proximately caused by the use of an intoxicant or § 55-10-101 , relating to the duty to stop at the scene of an accident resulting in injury or death. (4) Whether a person convicted of a crime is exempted from payment of the tax imposed by this subsection (a) shall be determined by the maximum possible sentence imposed by law for the offense rather than the sentence the person actually receives. (5) The tax imposed by this subsection (a) shall be collected by the clerks of the various courts from each person convicted and all funds so collected, with the exception of one dollar ($1.00), which shall be retained by the clerk to defray the expenses of collecting and processing the funds, shall be paid over to the department of revenue for apportionment pursuant to § 67-4-606 . (6) In addition to all other revenues set forth in this section, all revenue to which the general fund of the state is otherwise entitled from the sale of illegal contraband seized by any law enforcement agency of the state shall be deposited to the criminal injuries compensation fund. (b) When an offender liable to pay the tax has been convicted and sentenced to a county correctional institution or program, or to an institution or program maintained by the department, the clerk of court shall certify to the appropriate official as provided in this subsection (b) whether payment of the tax has been made. If the offender liable to pay the tax has been convicted and sentenced to an institution or program maintained by the department, the clerk of court shall certify to the commissioner of correction, in the form as the commissioner may direct, whether payment of the tax has been made. The commissioner shall then cause any amount owing to be collected from the prisoner during the offender's period of confinement by the department. If the offender liable to pay the tax has been convicted and sentenced to a correctional institution or program maintained by a county, the clerk of court shall certify to the county officer with supervisory authority over the institution or program whether payment of the tax has been made. The county officer shall then cause any amount owing to be collected from the offender during the offender's period of confinement. The commissioner, or appropriate county official, shall submit reasonable reports as may be requested by the board of claims with respect to the status of an offender's obligation under this section. The total sums collected under this subsection (b) shall be apportioned pursuant to § 67-4-606 . (c) There is created in the state treasury a fund to be known as the "criminal injuries compensation fund." Moneys shall be deposited to the fund as provided by law and shall be invested for the benefit of the fund pursuant to § 9-4-603 . Moneys in the fund shall not revert to the general fund of the state, but shall remain available and be appropriated exclusively for providing compensation under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13 and this section. The state treasurer shall annually determine the amount of awards paid to victims of drunk drivers pursuant to title 29, chapter 13, for the preceding fiscal year and shall set aside in a separate reserve within the fund an amount equal to three (3) times the awards paid during that fiscal year. The separate reserve may only be used to pay awards to victims of drunk drivers in the event current revenues to the fund are insufficient to pay awards to the victims. (d) In addition to all other funds that are set forth in this section to be deposited into the criminal injuries compensation fund, all forfeitures of appearance bonds in felony cases shall be paid over to the state treasurer for deposit into the criminal injuries compensation fund. Acts 1976, ch. 736, § 16(a)-(d); 1977, ch. 427, § 3; 1978, ch. 839, §4; 1979, ch. 331, § 1; impl. am. Acts 1979, ch. 359, §§5, 26; 1980, ch. 893, § 1; 1981, ch. 163, §§1-3; T.C.A., § 40-3207; Acts 1984, ch. 752, §§ 4, 5; 1984, ch. 997, § 1; 1985, ch. 278, § 10; 1985, ch. 335, § 1; 1985, ch. 403, § 2; 1985, ch. 478, §25; 1986, ch. 880, § 3; 1990, ch. 755, §§11-13; 1992, ch. 761, §§ 5, 6, 9; 1995, ch. 490, § 2; 1996, ch. 675, § 34; 2002, ch. 835, §1; 2003 , ch. 235, §§2, 3; 2005, ch. 429, §§22, 23; 2008 , ch. 1043, § 2.
(a) (1) (A) When any person is convicted by a circuit court or a comparable court of record with jurisdiction over criminal matters of a crime of any nature after July 1, 1984, except those crimes for which the law imposes as a maximum possible punishment a fine of less than five hundred dollars ($500) and no imprisonment, there is levied a privilege tax of twenty-six dollars and fifty cents ($26.50) in addition to any other costs or fees imposed in the action. If the person is convicted of a crime against the person, the privilege tax shall be fifty dollars ($50.00) in addition to any other costs or fees. (B) In addition to all other taxes imposed and in addition to other costs or fees, if any person is convicted of a crime against the person of a child under the age of eighteen (18) that constitutes a criminal offense under § 39-12-101 , § 39-13-101 , §§ 39-13-501 - 39-13-505, § 39-15-302 , or § 39-17-1005 , there is levied a privilege tax of five hundred dollars ($500). (2) If any person is convicted by a court of general sessions or a comparable court with jurisdiction over criminal matters of a crime of any nature after July 1, 1984, except those crimes for which the law imposes as a maximum possible punishment a fine of less than five hundred dollars ($500) and no imprisonment, there is levied a privilege tax of twenty-six dollars and fifty cents ($26.50) in addition to any other costs or fees imposed in the action. If the person is convicted of a crime against the person, the privilege tax shall be fifty dollars ($50.00) in addition to any other costs or fees. (3) Nothing in this subsection (a) shall be construed as applying to violations of the motor vehicle laws unless the violation is covered by the provisions of title 55, chapter 10, part 4, relating to driving while intoxicated, § 55-10-205 , relating to reckless driving, if the reckless driving was proximately caused by the use of an intoxicant or § 55-10-101 , relating to the duty to stop at the scene of an accident resulting in injury or death. (4) Whether a person convicted of a crime is exempted from payment of the tax imposed by this subsection (a) shall be determined by the maximum possible sentence imposed by law for the offense rather than the sentence the person actually receives. (5) The tax imposed by this subsection (a) shall be collected by the clerks of the various courts from each person convicted and all funds so collected, with the exception of one dollar ($1.00), which shall be retained by the clerk to defray the expenses of collecting and processing the funds, shall be paid over to the department of revenue for apportionment pursuant to § 67-4-606 . (6) In addition to all other revenues set forth in this section, all revenue to which the general fund of the state is otherwise entitled from the sale of illegal contraband seized by any law enforcement agency of the state shall be deposited to the criminal injuries compensation fund.
(1) (A) When any person is convicted by a circuit court or a comparable court of record with jurisdiction over criminal matters of a crime of any nature after July 1, 1984, except those crimes for which the law imposes as a maximum possible punishment a fine of less than five hundred dollars ($500) and no imprisonment, there is levied a privilege tax of twenty-six dollars and fifty cents ($26.50) in addition to any other costs or fees imposed in the action. If the person is convicted of a crime against the person, the privilege tax shall be fifty dollars ($50.00) in addition to any other costs or fees. (B) In addition to all other taxes imposed and in addition to other costs or fees, if any person is convicted of a crime against the person of a child under the age of eighteen (18) that constitutes a criminal offense under § 39-12-101 , § 39-13-101 , §§ 39-13-501 - 39-13-505, § 39-15-302 , or § 39-17-1005 , there is levied a privilege tax of five hundred dollars ($500).
(A) When any person is convicted by a circuit court or a comparable court of record with jurisdiction over criminal matters of a crime of any nature after July 1, 1984, except those crimes for which the law imposes as a maximum possible punishment a fine of less than five hundred dollars ($500) and no imprisonment, there is levied a privilege tax of twenty-six dollars and fifty cents ($26.50) in addition to any other costs or fees imposed in the action. If the person is convicted of a crime against the person, the privilege tax shall be fifty dollars ($50.00) in addition to any other costs or fees.
(B) In addition to all other taxes imposed and in addition to other costs or fees, if any person is convicted of a crime against the person of a child under the age of eighteen (18) that constitutes a criminal offense under § 39-12-101 , § 39-13-101 , §§ 39-13-501 - 39-13-505, § 39-15-302 , or § 39-17-1005 , there is levied a privilege tax of five hundred dollars ($500).
(2) If any person is convicted by a court of general sessions or a comparable court with jurisdiction over criminal matters of a crime of any nature after July 1, 1984, except those crimes for which the law imposes as a maximum possible punishment a fine of less than five hundred dollars ($500) and no imprisonment, there is levied a privilege tax of twenty-six dollars and fifty cents ($26.50) in addition to any other costs or fees imposed in the action. If the person is convicted of a crime against the person, the privilege tax shall be fifty dollars ($50.00) in addition to any other costs or fees.
(3) Nothing in this subsection (a) shall be construed as applying to violations of the motor vehicle laws unless the violation is covered by the provisions of title 55, chapter 10, part 4, relating to driving while intoxicated, § 55-10-205 , relating to reckless driving, if the reckless driving was proximately caused by the use of an intoxicant or § 55-10-101 , relating to the duty to stop at the scene of an accident resulting in injury or death.
(4) Whether a person convicted of a crime is exempted from payment of the tax imposed by this subsection (a) shall be determined by the maximum possible sentence imposed by law for the offense rather than the sentence the person actually receives.
(5) The tax imposed by this subsection (a) shall be collected by the clerks of the various courts from each person convicted and all funds so collected, with the exception of one dollar ($1.00), which shall be retained by the clerk to defray the expenses of collecting and processing the funds, shall be paid over to the department of revenue for apportionment pursuant to § 67-4-606 .
(6) In addition to all other revenues set forth in this section, all revenue to which the general fund of the state is otherwise entitled from the sale of illegal contraband seized by any law enforcement agency of the state shall be deposited to the criminal injuries compensation fund.
(b) When an offender liable to pay the tax has been convicted and sentenced to a county correctional institution or program, or to an institution or program maintained by the department, the clerk of court shall certify to the appropriate official as provided in this subsection (b) whether payment of the tax has been made. If the offender liable to pay the tax has been convicted and sentenced to an institution or program maintained by the department, the clerk of court shall certify to the commissioner of correction, in the form as the commissioner may direct, whether payment of the tax has been made. The commissioner shall then cause any amount owing to be collected from the prisoner during the offender's period of confinement by the department. If the offender liable to pay the tax has been convicted and sentenced to a correctional institution or program maintained by a county, the clerk of court shall certify to the county officer with supervisory authority over the institution or program whether payment of the tax has been made. The county officer shall then cause any amount owing to be collected from the offender during the offender's period of confinement. The commissioner, or appropriate county official, shall submit reasonable reports as may be requested by the board of claims with respect to the status of an offender's obligation under this section. The total sums collected under this subsection (b) shall be apportioned pursuant to § 67-4-606 .
(c) There is created in the state treasury a fund to be known as the "criminal injuries compensation fund." Moneys shall be deposited to the fund as provided by law and shall be invested for the benefit of the fund pursuant to § 9-4-603 . Moneys in the fund shall not revert to the general fund of the state, but shall remain available and be appropriated exclusively for providing compensation under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13 and this section. The state treasurer shall annually determine the amount of awards paid to victims of drunk drivers pursuant to title 29, chapter 13, for the preceding fiscal year and shall set aside in a separate reserve within the fund an amount equal to three (3) times the awards paid during that fiscal year. The separate reserve may only be used to pay awards to victims of drunk drivers in the event current revenues to the fund are insufficient to pay awards to the victims.
(d) In addition to all other funds that are set forth in this section to be deposited into the criminal injuries compensation fund, all forfeitures of appearance bonds in felony cases shall be paid over to the state treasurer for deposit into the criminal injuries compensation fund.
Acts 1976, ch. 736, § 16(a)-(d); 1977, ch. 427, § 3; 1978, ch. 839, §4; 1979, ch. 331, § 1; impl. am. Acts 1979, ch. 359, §§5, 26; 1980, ch. 893, § 1; 1981, ch. 163, §§1-3; T.C.A., § 40-3207; Acts 1984, ch. 752, §§ 4, 5; 1984, ch. 997, § 1; 1985, ch. 278, § 10; 1985, ch. 335, § 1; 1985, ch. 403, § 2; 1985, ch. 478, §25; 1986, ch. 880, § 3; 1990, ch. 755, §§11-13; 1992, ch. 761, §§ 5, 6, 9; 1995, ch. 490, § 2; 1996, ch. 675, § 34; 2002, ch. 835, §1; 2003 , ch. 235, §§2, 3; 2005, ch. 429, §§22, 23; 2008 , ch. 1043, § 2.
Tenn. Code Ann. § 40-7-106 — TN Code / Title 40 / Chapter 7 / Section 40-7-106
Notice of authority and grounds for arrest - Telephone call
Status: in_force

(a) When arresting a person, the officer shall inform the person of the officer's authority and the cause of the arrest, and exhibit the warrant if the officer has one, except when the person is in the actual commission of the offense or is pursued immediately after an escape. (b) No person under arrest by any officer or private citizen shall be named in any book, ledger or any other record until after the person has successfully completed a telephone call to an attorney, relative, minister or any other person that the person shall choose, without undue delay. One (1) hour shall constitute a reasonable time without undue delay. However, if the arrested person does not choose to make a telephone call, then the person shall be booked or docketed immediately. Code 1858, § 5038; Shan., § 6998; Code 1932, § 11537; Acts 1965, ch. 298, § 1; T.C.A. (orig. ed.), § 40-806.
(a) When arresting a person, the officer shall inform the person of the officer's authority and the cause of the arrest, and exhibit the warrant if the officer has one, except when the person is in the actual commission of the offense or is pursued immediately after an escape.
(b) No person under arrest by any officer or private citizen shall be named in any book, ledger or any other record until after the person has successfully completed a telephone call to an attorney, relative, minister or any other person that the person shall choose, without undue delay. One (1) hour shall constitute a reasonable time without undue delay. However, if the arrested person does not choose to make a telephone call, then the person shall be booked or docketed immediately.
Code 1858, § 5038; Shan., § 6998; Code 1932, § 11537; Acts 1965, ch. 298, § 1; T.C.A. (orig. ed.), § 40-806.
Tenn. Code Ann. § 40-7-112 — TN Code / Title 40 / Chapter 7 / Section 40-7-112
Arrest by private person - Notice of intention to make arrest - Use of force to enter dwelling house
Status: in_force

If the person to be arrested has committed a felony, and a private person, after notice of the person's intention to make the arrest, is refused admittance, the arresting person may break open an outer or inner door or window of a dwelling house to make the arrest. Code 1858, § 5044; Shan., § 7004; Code 1932, § 11543; T.C.A. (orig. ed.), § 40-819.
If the person to be arrested has committed a felony, and a private person, after notice of the person's intention to make the arrest, is refused admittance, the arresting person may break open an outer or inner door or window of a dwelling house to make the arrest.
Code 1858, § 5044; Shan., § 7004; Code 1932, § 11543; T.C.A. (orig. ed.), § 40-819.
Tenn. Code Ann. § 40-39-101 — TN Code / Title 40 / Chapter 39 / Section 40-39-101
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Animal Abuser Registration Act." Acts 2015, ch. 413, § 1.
This part shall be known and may be cited as the "Tennessee Animal Abuser Registration Act."
Acts 2015, ch. 413, § 1.
Tenn. Code Ann. § 40-38-116 — TN Code / Title 40 / Chapter 38 / Section 40-38-116
Victim's right to a speedy trial
Status: in_force

(a) In any criminal proceeding in which a continuance is requested, the court shall consider the victim's views and the victim's right to a speedy trial. If the continuance is granted over the victim's objection, the court shall state on the record the reason for the continuance and the procedures that have been taken to avoid further delays. (b) In determining a date for any criminal trial or other important criminal hearing, the court shall consider the interests of the victim's right to a speedy trial. Acts 2000, ch. 804, § 1.
(a) In any criminal proceeding in which a continuance is requested, the court shall consider the victim's views and the victim's right to a speedy trial. If the continuance is granted over the victim's objection, the court shall state on the record the reason for the continuance and the procedures that have been taken to avoid further delays.
(b) In determining a date for any criminal trial or other important criminal hearing, the court shall consider the interests of the victim's right to a speedy trial.
Acts 2000, ch. 804, § 1.
Tenn. Code Ann. § 40-7-120 — TN Code / Title 40 / Chapter 7 / Section 40-7-120
Release citations for misdemeanants
Status: in_force

(a) As used in this section, except as otherwise specifically indicated: (1) "Citation" means a written order issued by a sheriff requiring a person accused of violating the law to appear in a designated court at a specified date and time. The order shall require the signature of the person to whom it is issued; and (2) "Magistrate" means any state judicial officer, including the judge of a municipal court, having original trial jurisdiction over misdemeanors or felonies. (b) A sheriff or sheriff's designee may, at a county jail, issue a release citation to any person who has been arrested for a violation of law which is punishable as a misdemeanor and who has been booked and processed for that violation. (c) The citation shall demand the person cited to appear in court at a stated time and place, and it shall state the name and address of the person cited, the name of the issuing sheriff and the offense charged. The time specified on the citation to appear shall be as fixed by the sheriff issuing the citation. (d) The citation shall be executed in triplicate, the original to be delivered to the court specified in the citation, one (1) copy to be given to the person cited, and one (1) copy to be retained by the sheriff issuing the citation. The original citation delivered to the court shall be sworn to by the issuing sheriff before a magistrate or official lawfully assigned that duty by a magistrate. The person cited shall signify the person's acceptance of the citation and the person's agreement to appear in court as directed by signing the original citation. (e) Whenever a release citation has been prepared, accepted and the original citation delivered to the court as provided in this section, the original citation delivered to the court shall constitute a complaint to which the person cited must answer, and neither the arresting officer nor the sheriff issuing the citation shall be required to file any other affidavit of complaint with the court. (f) The signature of the person cited shall create a presumption of knowledge of notice to appear and a presumption of intent to violate this section if the person should not appear as required by the citation. (g) The citation must give notice to the person cited that the person's failure to appear as ordered is punishable as a separate misdemeanor offense. Each citation issued pursuant to this section must have printed on it in large, conspicuous block letters, the following: NOTICE: FAILURE TO APPEAR IN COURT ON THE DATE ASSIGNED BY THIS CITATION WILL RESULT IN YOUR ARREST FOR A SEPARATE CRIMINAL OFFENSE WHICH IS PUNISHABLE BY A JAIL SENTENCE OF UP TO ELEVEN (11) MONTHS, TWENTY-NINE (29) DAYS AND/OR A FINE OF UP TO TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500). (h) Any person who intentionally, knowingly or willfully fails to appear in court on the date and time specified on the citation commits a separate misdemeanor offense, regardless of the disposition of the charge for which the person was originally arrested, and upon conviction shall be punished by imprisonment in the county jail or workhouse for not more than eleven (11) months, twenty-nine (29) days, or by a fine of not more than two thousand five hundred dollars ($2,500) or, in the discretion of the court, by both imprisonment and fine. Proof that the defendant failed to appear when required constitutes prima facie evidence that the failure to appear is willful. (i) If the person cited fails to appear in court on the date and time specified, the court may issue a bench warrant for the person's arrest. (j) Nothing in this section shall be construed to affect a sheriff's authority to conduct a lawful search even though the citation is issued after arrest. (k) No citation shall be issued under this section if: (1) The person arrested requires medical examination or medical care, or if the person is unable to care for the person's own safety; (2) A reasonable likelihood exists that the arrested person will fail to appear in court; (3) The person demands to be taken immediately before a magistrate or refuses to sign the citation; (4) The person arrested is so intoxicated that the person could pose a danger to the person's own self or to others; (5) There are one (1) or more outstanding arrest warrants for the person; (6) There is a reasonable likelihood that the offense would continue or resume, or that persons or property would be endangered by the arrested person; (7) The person arrested cannot or will not offer satisfactory evidence of identification, including the providing of a field-administered fingerprint or thumbprint which a peace officer may require to be affixed to any citation; and (8) The prosecution of the offense for which the person was arrested, or of another offense, would thereby be jeopardized. (l) This section governs all aspects of the issuance of release citations to an arrested person, notwithstanding any provision of Rule 3.5 of the Tennessee Rules of Criminal Procedure to the contrary. (m) No sheriff may issue a release citation as authorized in this section after the issuance of a mittimus. (n) This section is intended to be in addition and supplemental to § 40-7-118 , and shall not be construed to supersede that section as it existed on July 1, 1989. (o) This section does not apply to any county having a metropolitan form of government with a population of more than four hundred seventy thousand (470,000), according to the 1980 federal census or any subsequent federal census. Amended by 2019 Tenn. Acts, ch. 486,s 6, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 486,s 5, eff. 7/1/2019. Acts 1989, ch. 556, §§ 1-3.
(a) As used in this section, except as otherwise specifically indicated: (1) "Citation" means a written order issued by a sheriff requiring a person accused of violating the law to appear in a designated court at a specified date and time. The order shall require the signature of the person to whom it is issued; and (2) "Magistrate" means any state judicial officer, including the judge of a municipal court, having original trial jurisdiction over misdemeanors or felonies.
(1) "Citation" means a written order issued by a sheriff requiring a person accused of violating the law to appear in a designated court at a specified date and time. The order shall require the signature of the person to whom it is issued; and
(2) "Magistrate" means any state judicial officer, including the judge of a municipal court, having original trial jurisdiction over misdemeanors or felonies.
(b) A sheriff or sheriff's designee may, at a county jail, issue a release citation to any person who has been arrested for a violation of law which is punishable as a misdemeanor and who has been booked and processed for that violation.
(c) The citation shall demand the person cited to appear in court at a stated time and place, and it shall state the name and address of the person cited, the name of the issuing sheriff and the offense charged. The time specified on the citation to appear shall be as fixed by the sheriff issuing the citation.
(d) The citation shall be executed in triplicate, the original to be delivered to the court specified in the citation, one (1) copy to be given to the person cited, and one (1) copy to be retained by the sheriff issuing the citation. The original citation delivered to the court shall be sworn to by the issuing sheriff before a magistrate or official lawfully assigned that duty by a magistrate. The person cited shall signify the person's acceptance of the citation and the person's agreement to appear in court as directed by signing the original citation.
(e) Whenever a release citation has been prepared, accepted and the original citation delivered to the court as provided in this section, the original citation delivered to the court shall constitute a complaint to which the person cited must answer, and neither the arresting officer nor the sheriff issuing the citation shall be required to file any other affidavit of complaint with the court.
(f) The signature of the person cited shall create a presumption of knowledge of notice to appear and a presumption of intent to violate this section if the person should not appear as required by the citation.
(g) The citation must give notice to the person cited that the person's failure to appear as ordered is punishable as a separate misdemeanor offense. Each citation issued pursuant to this section must have printed on it in large, conspicuous block letters, the following: NOTICE: FAILURE TO APPEAR IN COURT ON THE DATE ASSIGNED BY THIS CITATION WILL RESULT IN YOUR ARREST FOR A SEPARATE CRIMINAL OFFENSE WHICH IS PUNISHABLE BY A JAIL SENTENCE OF UP TO ELEVEN (11) MONTHS, TWENTY-NINE (29) DAYS AND/OR A FINE OF UP TO TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500).
NOTICE: FAILURE TO APPEAR IN COURT ON THE DATE ASSIGNED BY THIS CITATION WILL RESULT IN YOUR ARREST FOR A SEPARATE CRIMINAL OFFENSE WHICH IS PUNISHABLE BY A JAIL SENTENCE OF UP TO ELEVEN (11) MONTHS, TWENTY-NINE (29) DAYS AND/OR A FINE OF UP TO TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500).
(h) Any person who intentionally, knowingly or willfully fails to appear in court on the date and time specified on the citation commits a separate misdemeanor offense, regardless of the disposition of the charge for which the person was originally arrested, and upon conviction shall be punished by imprisonment in the county jail or workhouse for not more than eleven (11) months, twenty-nine (29) days, or by a fine of not more than two thousand five hundred dollars ($2,500) or, in the discretion of the court, by both imprisonment and fine. Proof that the defendant failed to appear when required constitutes prima facie evidence that the failure to appear is willful.
(i) If the person cited fails to appear in court on the date and time specified, the court may issue a bench warrant for the person's arrest.
(j) Nothing in this section shall be construed to affect a sheriff's authority to conduct a lawful search even though the citation is issued after arrest.
(k) No citation shall be issued under this section if: (1) The person arrested requires medical examination or medical care, or if the person is unable to care for the person's own safety; (2) A reasonable likelihood exists that the arrested person will fail to appear in court; (3) The person demands to be taken immediately before a magistrate or refuses to sign the citation; (4) The person arrested is so intoxicated that the person could pose a danger to the person's own self or to others; (5) There are one (1) or more outstanding arrest warrants for the person; (6) There is a reasonable likelihood that the offense would continue or resume, or that persons or property would be endangered by the arrested person; (7) The person arrested cannot or will not offer satisfactory evidence of identification, including the providing of a field-administered fingerprint or thumbprint which a peace officer may require to be affixed to any citation; and (8) The prosecution of the offense for which the person was arrested, or of another offense, would thereby be jeopardized.
(1) The person arrested requires medical examination or medical care, or if the person is unable to care for the person's own safety;
(2) A reasonable likelihood exists that the arrested person will fail to appear in court;
(3) The person demands to be taken immediately before a magistrate or refuses to sign the citation;
(4) The person arrested is so intoxicated that the person could pose a danger to the person's own self or to others;
(5) There are one (1) or more outstanding arrest warrants for the person;
(6) There is a reasonable likelihood that the offense would continue or resume, or that persons or property would be endangered by the arrested person;
(7) The person arrested cannot or will not offer satisfactory evidence of identification, including the providing of a field-administered fingerprint or thumbprint which a peace officer may require to be affixed to any citation; and
(8) The prosecution of the offense for which the person was arrested, or of another offense, would thereby be jeopardized.
(l) This section governs all aspects of the issuance of release citations to an arrested person, notwithstanding any provision of Rule 3.5 of the Tennessee Rules of Criminal Procedure to the contrary.
(m) No sheriff may issue a release citation as authorized in this section after the issuance of a mittimus.
(n) This section is intended to be in addition and supplemental to § 40-7-118 , and shall not be construed to supersede that section as it existed on July 1, 1989.
(o) This section does not apply to any county having a metropolitan form of government with a population of more than four hundred seventy thousand (470,000), according to the 1980 federal census or any subsequent federal census.
Amended by 2019 Tenn. Acts, ch. 486,s 6, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 486,s 5, eff. 7/1/2019.
Acts 1989, ch. 556, §§ 1-3.
Tenn. Code Ann. § 40-12-213 — TN Code / Title 40 / Chapter 12 / Section 40-12-213
Subpoena power - Examination of witnesses
Status: in_force

Notwithstanding any other provision of law to the contrary, when a grand jury is convened pursuant to this part, the district attorney general shall: (1) Have the authority to compel by subpoena the testimony of witnesses before the grand jury; and (2) Be present to examine witnesses coming before the grand jury, as well as to give legal advice to the grand jury as to matters cognizable by it. Acts 1990, ch. 1051, § 1.
Notwithstanding any other provision of law to the contrary, when a grand jury is convened pursuant to this part, the district attorney general shall:
(1) Have the authority to compel by subpoena the testimony of witnesses before the grand jury; and
(2) Be present to examine witnesses coming before the grand jury, as well as to give legal advice to the grand jury as to matters cognizable by it.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-23-109 — TN Code / Title 40 / Chapter 23 / Section 40-23-109
Warrant to summon aid in removal of prisoners
Status: in_force

The judge or clerk of the court may, by warrant in writing, empower the sheriff charged with the conveyance of the convict, in all counties and places through which the sheriff may pass with the prisoner, to summon or impress such and so many persons, not exceeding two (2) for each convict, except as otherwise provided in this chapter, and the conveyances or modes of conveyance as shall be necessary for the safe conveyance of the prisoner, which warrant the sheriff is required to execute, and to the sheriff's commands in virtue thereof all persons are to pay due obedience. Code 1858, § 5265 (deriv. Acts 1829, ch. 38, § 3); Shan., §7244; mod. Code 1932, § 11851; T.C.A. (orig. ed.), § 40-3112.
The judge or clerk of the court may, by warrant in writing, empower the sheriff charged with the conveyance of the convict, in all counties and places through which the sheriff may pass with the prisoner, to summon or impress such and so many persons, not exceeding two (2) for each convict, except as otherwise provided in this chapter, and the conveyances or modes of conveyance as shall be necessary for the safe conveyance of the prisoner, which warrant the sheriff is required to execute, and to the sheriff's commands in virtue thereof all persons are to pay due obedience.
Code 1858, § 5265 (deriv. Acts 1829, ch. 38, § 3); Shan., §7244; mod. Code 1932, § 11851; T.C.A. (orig. ed.), § 40-3112.
Tenn. Code Ann. § 40-23-110 — TN Code / Title 40 / Chapter 23 / Section 40-23-110
Summons of additional guards
Status: in_force

If, by any attempt to rescue a convict on the way or by any other unforeseen danger, it becomes essentially necessary for the safe conveyance of the convict to summon a stronger guard than the sheriff conducting the prisoner may have been authorized to summon, it is lawful for the sheriff to summon an additional guard or guards as shall be necessary for that purpose. The additional guard or guards shall be paid as other guards, on the oath of the sheriff that the additional guard or guards were essentially necessary, and the officer making the payment being satisfied with the truth of the oath. Code 1858, § 5267 (deriv. Acts 1829, ch. 38, § 4); Shan., § 7245; Code 1932, §11852; T.C.A. (orig. ed.), § 40-3113.
If, by any attempt to rescue a convict on the way or by any other unforeseen danger, it becomes essentially necessary for the safe conveyance of the convict to summon a stronger guard than the sheriff conducting the prisoner may have been authorized to summon, it is lawful for the sheriff to summon an additional guard or guards as shall be necessary for that purpose. The additional guard or guards shall be paid as other guards, on the oath of the sheriff that the additional guard or guards were essentially necessary, and the officer making the payment being satisfied with the truth of the oath.
Code 1858, § 5267 (deriv. Acts 1829, ch. 38, § 4); Shan., § 7245; Code 1932, §11852; T.C.A. (orig. ed.), § 40-3113.
Tenn. Code Ann. § 40-39-208 — TN Code / Title 40 / Chapter 39 / Section 40-39-208
Violations - Penalty - Venue - Providing records for prosecution
Status: in_force

(a) It is an offense for an offender to knowingly violate any provision of this part. Violations shall include, but not be limited to: (1) Failure of an offender to timely register or report; (2) Falsification of a TBI registration form; (3) Failure to timely disclose required information to the designated law enforcement agency; (4) Failure to sign a TBI registration form; (5) Failure to pay the annual administrative costs, if financially able; (6) Failure to timely disclose status as a sexual offender or violent sexual offender to the designated law enforcement agency upon reincarceration; (7) Failure to timely report to the designated law enforcement agency upon release after reincarceration; (8) Failure to timely report to the designated law enforcement agency following reentry in this state after deportation; (9) Failure to timely report to the offender's designated law enforcement agency when the offender moves to another state; and (10) Conviction of a new sexual offense, violent sexual offense, or violent juvenile sexual offense. (b) A violation of this part is a Class E felony. No person violating this part shall be eligible for suspension of sentence, diversion or probation until the minimum sentence is served in its entirety. (c) The first violation of this part is punishable by a fine of not less than three hundred fifty dollars ($350) and imprisonment for not less than ninety (90) days. (d) A second violation of this part is punishable by a fine of not less than six hundred dollars ($600) and imprisonment for not less than one hundred eighty (180) days. (e) A third or subsequent violation of this part is punishable by a fine of not less than one thousand one hundred dollars ($1,100) and imprisonment for not less than one (1) year. (f) A violation of this part is a continuing offense. If an offender is required to register pursuant to this part, venue lies in any county in which the offender may be found or in any county where the violation occurred. (g) In a prosecution for a violation of this section, upon the request of a district attorney general, law enforcement agency, the department of correction or its officers or a court of competent jurisdiction and for any lawful purpose permitted by this part, the records custodian of SOR shall provide the requesting agency with certified copies of specified records being maintained in the registry. (h) The records custodian providing copies of records to a requesting agency, pursuant to subsection (g), shall attach the following certification: I, ______________, HAVING BEEN APPOINTED BY THE DIRECTOR OF THE TENNESSEE BUREAU OF INVESTIGATION AS CUSTODIAN OF THE BUREAU'S CENTRALIZED RECORDS SYSTEM OF SEXUAL AND VIOLENT SEXUAL OFFENDERS, REGISTRATION, VERIFICATION AND TRACKING INFORMATION (SOR), HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS MAINTAINED WITHIN SAID REGISTRY. SIGNATURE ______________ TITLE ____________________ DATE ____________________ AFFIX THE BUREAU SEAL HERE (i) Sexual offender, violent sexual offender and violent juvenile sexual offender registry files and records maintained by the TBI may be digitized. A digitized copy of any original file or record in the TBI's possession shall be deemed to be an original for all purposes, including introduction into evidence in all courts or administrative agencies. (j) Notwithstanding any law to the contrary, a violent juvenile sexual offender who knowingly violates this part commits a delinquent act as defined by the juvenile code. Amended by 2019 Tenn. Acts, ch. 232, s 1, eff. 7/1/2019. Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, § 19; 2008 , ch. 1164, § 8; 2009 , ch. 145, § 1; 2011 , ch. 483, §§ 16, 17; 2012 , ch. 727, § 49.
(a) It is an offense for an offender to knowingly violate any provision of this part. Violations shall include, but not be limited to: (1) Failure of an offender to timely register or report; (2) Falsification of a TBI registration form; (3) Failure to timely disclose required information to the designated law enforcement agency; (4) Failure to sign a TBI registration form; (5) Failure to pay the annual administrative costs, if financially able; (6) Failure to timely disclose status as a sexual offender or violent sexual offender to the designated law enforcement agency upon reincarceration; (7) Failure to timely report to the designated law enforcement agency upon release after reincarceration; (8) Failure to timely report to the designated law enforcement agency following reentry in this state after deportation; (9) Failure to timely report to the offender's designated law enforcement agency when the offender moves to another state; and (10) Conviction of a new sexual offense, violent sexual offense, or violent juvenile sexual offense.
(1) Failure of an offender to timely register or report;
(2) Falsification of a TBI registration form;
(3) Failure to timely disclose required information to the designated law enforcement agency;
(4) Failure to sign a TBI registration form;
(5) Failure to pay the annual administrative costs, if financially able;
(6) Failure to timely disclose status as a sexual offender or violent sexual offender to the designated law enforcement agency upon reincarceration;
(7) Failure to timely report to the designated law enforcement agency upon release after reincarceration;
(8) Failure to timely report to the designated law enforcement agency following reentry in this state after deportation;
(9) Failure to timely report to the offender's designated law enforcement agency when the offender moves to another state; and
(10) Conviction of a new sexual offense, violent sexual offense, or violent juvenile sexual offense.
(b) A violation of this part is a Class E felony. No person violating this part shall be eligible for suspension of sentence, diversion or probation until the minimum sentence is served in its entirety.
(c) The first violation of this part is punishable by a fine of not less than three hundred fifty dollars ($350) and imprisonment for not less than ninety (90) days.
(d) A second violation of this part is punishable by a fine of not less than six hundred dollars ($600) and imprisonment for not less than one hundred eighty (180) days.
(e) A third or subsequent violation of this part is punishable by a fine of not less than one thousand one hundred dollars ($1,100) and imprisonment for not less than one (1) year.
(f) A violation of this part is a continuing offense. If an offender is required to register pursuant to this part, venue lies in any county in which the offender may be found or in any county where the violation occurred.
(g) In a prosecution for a violation of this section, upon the request of a district attorney general, law enforcement agency, the department of correction or its officers or a court of competent jurisdiction and for any lawful purpose permitted by this part, the records custodian of SOR shall provide the requesting agency with certified copies of specified records being maintained in the registry.
(h) The records custodian providing copies of records to a requesting agency, pursuant to subsection (g), shall attach the following certification: I, ______________, HAVING BEEN APPOINTED BY THE DIRECTOR OF THE TENNESSEE BUREAU OF INVESTIGATION AS CUSTODIAN OF THE BUREAU'S CENTRALIZED RECORDS SYSTEM OF SEXUAL AND VIOLENT SEXUAL OFFENDERS, REGISTRATION, VERIFICATION AND TRACKING INFORMATION (SOR), HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS MAINTAINED WITHIN SAID REGISTRY. SIGNATURE ______________ TITLE ____________________ DATE ____________________ AFFIX THE BUREAU SEAL HERE
I, ______________, HAVING BEEN APPOINTED BY THE DIRECTOR OF THE TENNESSEE BUREAU OF INVESTIGATION AS CUSTODIAN OF THE BUREAU'S CENTRALIZED RECORDS SYSTEM OF SEXUAL AND VIOLENT SEXUAL OFFENDERS, REGISTRATION, VERIFICATION AND TRACKING INFORMATION (SOR), HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS MAINTAINED WITHIN SAID REGISTRY.
SIGNATURE ______________ TITLE ____________________ DATE ____________________
AFFIX THE BUREAU SEAL HERE
(i) Sexual offender, violent sexual offender and violent juvenile sexual offender registry files and records maintained by the TBI may be digitized. A digitized copy of any original file or record in the TBI's possession shall be deemed to be an original for all purposes, including introduction into evidence in all courts or administrative agencies.
(j) Notwithstanding any law to the contrary, a violent juvenile sexual offender who knowingly violates this part commits a delinquent act as defined by the juvenile code.
Amended by 2019 Tenn. Acts, ch. 232, s 1, eff. 7/1/2019.
Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, § 19; 2008 , ch. 1164, § 8; 2009 , ch. 145, § 1; 2011 , ch. 483, §§ 16, 17; 2012 , ch. 727, § 49.
Tenn. Code Ann. § 40-18-113 — TN Code / Title 40 / Chapter 18 / Section 40-18-113
Multiple defendants
Status: in_force

(a) Upon an indictment against several defendants, any one (1) or more may be convicted or acquitted. (b) In an indictment against several defendants, if the jury cannot agree upon a verdict as to all, the jury may render a verdict as to those defendants in regard to whom the jury agrees, on which a judgment shall be entered. Code 1858, §§ 5216, 5220; Shan., §§ 7189, 7193; Code 1932, §§ 11752, 11756; T.C.A. (orig. ed.), §§ 40-2523, 40-2524.
(a) Upon an indictment against several defendants, any one (1) or more may be convicted or acquitted.
(b) In an indictment against several defendants, if the jury cannot agree upon a verdict as to all, the jury may render a verdict as to those defendants in regard to whom the jury agrees, on which a judgment shall be entered.
Code 1858, §§ 5216, 5220; Shan., §§ 7189, 7193; Code 1932, §§ 11752, 11756; T.C.A. (orig. ed.), §§ 40-2523, 40-2524.
Tenn. Code Ann. § 40-14-209 — TN Code / Title 40 / Chapter 14 / Section 40-14-209
Reimbursement for public defenders
Status: in_force

The state shall reimburse counties, metropolitan governments and municipalities having public defenders for the operation of the public defenders offices in accordance with procedures and subject to the limitations provided in § 8-14-110 . Acts 1965, ch. 217, § 15; 1978, ch. 859, § 1; T.C.A., § 40-2028; Acts 1992, ch. 965, § 3.
The state shall reimburse counties, metropolitan governments and municipalities having public defenders for the operation of the public defenders offices in accordance with procedures and subject to the limitations provided in § 8-14-110 .
Acts 1965, ch. 217, § 15; 1978, ch. 859, § 1; T.C.A., § 40-2028; Acts 1992, ch. 965, § 3.
Tenn. Code Ann. § 40-36-105 — TN Code / Title 40 / Chapter 36 / Section 40-36-105
Duties of the department of correction
Status: in_force

In addition to those otherwise provided by law, the department of correction has the following powers, duties and responsibilities: (1) Administer this chapter within the goals and mandates of this chapter; (2) Conduct statewide public education concerning the purposes and goals of this chapter and make a report to the criminal justice committee of the house of representatives, judiciary committee of the senate, and fiscal review committee regarding the effectiveness of diversion of offenders from state correctional institutions; (3) Provide technical assistance and training to local governments, private agencies and local community corrections advisory boards regarding community corrections and this chapter; (4) Facilitate the development of local community corrections plans; (5) Develop minimum standards, policies and administrative rules in accordance with the requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the statewide implementation of this chapter; (6) Develop and implement an application process and procedures; (7) Review community corrections plans and provide grant funding; and (8) The department of correction may conduct evaluations of funding recipients under this chapter, annually or as often as needed, to ensure accountability and to measure the efficiency of the community-based alternatives to incarceration conducted under this chapter, and contractors must participate in the evaluations. The form and methods of the evaluations must be determined by the department. Funding recipients under this chapter must substantially comply with the standards and administrative regulations of the department defining the effectiveness of a community-based alternative to incarceration and must maintain, collect, and provide to the department, annually or as otherwise requested, any information required by the department for evaluation, which may include, but is not limited to: (A) The number of individuals admitted to the community-based alternative to incarceration; (B) The ratio of staff members to offenders; (C) The number of successful completions of the community-based alternative to incarceration; (D) The average time for an individual to successfully complete the community-based alternative to incarceration; (E) The number of individuals in the community-based alternative to incarceration who have incurred a new arrest, new conviction, or revocation of a community correction sentence, including the type of arrest, conviction, or revocation and the underlying conduct resulting in the arrest, conviction, or revocation; and (F) The average time an individual spends in the community-based alternative to incarceration before a new arrest, conviction, or revocation. Amended by 2021 Tenn. Acts, ch. 409, s 15, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 64, s 52, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 61, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 44, eff. 4/19/2013. Acts 1985 (1st Ex. Sess.), ch. 3, § 14; 1998, ch. 1049, § 45; 2012 , ch. 727, § 46.
In addition to those otherwise provided by law, the department of correction has the following powers, duties and responsibilities:
(1) Administer this chapter within the goals and mandates of this chapter;
(2) Conduct statewide public education concerning the purposes and goals of this chapter and make a report to the criminal justice committee of the house of representatives, judiciary committee of the senate, and fiscal review committee regarding the effectiveness of diversion of offenders from state correctional institutions;
(3) Provide technical assistance and training to local governments, private agencies and local community corrections advisory boards regarding community corrections and this chapter;
(4) Facilitate the development of local community corrections plans;
(5) Develop minimum standards, policies and administrative rules in accordance with the requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the statewide implementation of this chapter;
(6) Develop and implement an application process and procedures;
(7) Review community corrections plans and provide grant funding; and
(8) The department of correction may conduct evaluations of funding recipients under this chapter, annually or as often as needed, to ensure accountability and to measure the efficiency of the community-based alternatives to incarceration conducted under this chapter, and contractors must participate in the evaluations. The form and methods of the evaluations must be determined by the department. Funding recipients under this chapter must substantially comply with the standards and administrative regulations of the department defining the effectiveness of a community-based alternative to incarceration and must maintain, collect, and provide to the department, annually or as otherwise requested, any information required by the department for evaluation, which may include, but is not limited to: (A) The number of individuals admitted to the community-based alternative to incarceration; (B) The ratio of staff members to offenders; (C) The number of successful completions of the community-based alternative to incarceration; (D) The average time for an individual to successfully complete the community-based alternative to incarceration; (E) The number of individuals in the community-based alternative to incarceration who have incurred a new arrest, new conviction, or revocation of a community correction sentence, including the type of arrest, conviction, or revocation and the underlying conduct resulting in the arrest, conviction, or revocation; and (F) The average time an individual spends in the community-based alternative to incarceration before a new arrest, conviction, or revocation.
(A) The number of individuals admitted to the community-based alternative to incarceration;
(B) The ratio of staff members to offenders;
(C) The number of successful completions of the community-based alternative to incarceration;
(D) The average time for an individual to successfully complete the community-based alternative to incarceration;
(E) The number of individuals in the community-based alternative to incarceration who have incurred a new arrest, new conviction, or revocation of a community correction sentence, including the type of arrest, conviction, or revocation and the underlying conduct resulting in the arrest, conviction, or revocation; and
(F) The average time an individual spends in the community-based alternative to incarceration before a new arrest, conviction, or revocation.
Amended by 2021 Tenn. Acts, ch. 409, s 15, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 64, s 52, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 61, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 44, eff. 4/19/2013.
Acts 1985 (1st Ex. Sess.), ch. 3, § 14; 1998, ch. 1049, § 45; 2012 , ch. 727, § 46.
Tenn. Code Ann. § 40-30-111 — TN Code / Title 40 / Chapter 30 / Section 40-30-111
Final disposition of petitions - Compliance reports
Status: in_force

(a) If the court finds that there was such a denial or infringement of the rights of the prisoner as to render the judgment void or voidable, including a finding that trial counsel was ineffective on direct appeal, the court shall vacate and set aside the judgment or order a delayed appeal as provided in this part and shall enter an appropriate order and any supplementary orders that may be necessary and proper. Costs shall be taxed as in criminal cases. (b) Upon the final disposition of every petition, the court shall enter a final order, and except where proceedings for delayed appeal are allowed, shall set forth in the order or a written memorandum of the case all grounds presented, and shall state the findings of fact and conclusions of law with regard to each ground. (c) Where the petitioner has court-appointed counsel, the court may require petitioner's counsel to file a verified statement of dates and times counsel has consulted with petitioner, and this statement shall become a part of the record. (d) The court shall rule within sixty (60) days of conclusion of the proof. The deadline shall not be extended by agreement, and the deadline may be extended only by order of the court based upon a finding that unforeseeable circumstances render a continuance a manifest necessity. An extension shall not exceed thirty (30) days. Final disposition of a capital case must be made within one (1) year of the filing of the petition. Copies of all orders extending deadlines in capital cases shall be sent to the administrative office of the courts. The administrative office of the courts shall report annually to the general assembly on the compliance by the courts within the time limits established for capital cases and the reason for noncompliance, if any. (e) (1) By December 1, 2009, and every December 1 thereafter, the administrative office of the courts shall complete the compliance report required by subsection (d) and submit the report to the chief clerks of the house of representatives and the senate and the chairs of the criminal justice committee of the house of representatives and the judiciary committee of the senate. (2) The administrative office of the courts, in consultation with the district attorneys general conference, the office of the post-conviction defender and the district public defenders conference, shall review the annual compliance report to determine if the time period for the final disposition of post-conviction petitions in capital cases set out in subsection (d) is a realistic time period for providing a thorough and meaningful review of the claims and making a final disposition of them. If it is determined that the statutory period for final disposition of the petitions is not realistic, the administrative office of the courts shall determine a realistic and attainable time period and submit it to the legislature as provided in subdivision (e)(1). (3) The review and determination of a realistic time period for the conclusion of post-convictions petitions required by subdivision (e)(2) shall be made by December 1, 2009, and every December 1 thereafter. Amended by 2021 Tenn. Acts, ch. 64, s 49, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 57, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 38, eff. 4/19/2013. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-211; Acts 2009 , ch. 594, § 1.
(a) If the court finds that there was such a denial or infringement of the rights of the prisoner as to render the judgment void or voidable, including a finding that trial counsel was ineffective on direct appeal, the court shall vacate and set aside the judgment or order a delayed appeal as provided in this part and shall enter an appropriate order and any supplementary orders that may be necessary and proper. Costs shall be taxed as in criminal cases.
(b) Upon the final disposition of every petition, the court shall enter a final order, and except where proceedings for delayed appeal are allowed, shall set forth in the order or a written memorandum of the case all grounds presented, and shall state the findings of fact and conclusions of law with regard to each ground.
(c) Where the petitioner has court-appointed counsel, the court may require petitioner's counsel to file a verified statement of dates and times counsel has consulted with petitioner, and this statement shall become a part of the record.
(d) The court shall rule within sixty (60) days of conclusion of the proof. The deadline shall not be extended by agreement, and the deadline may be extended only by order of the court based upon a finding that unforeseeable circumstances render a continuance a manifest necessity. An extension shall not exceed thirty (30) days. Final disposition of a capital case must be made within one (1) year of the filing of the petition. Copies of all orders extending deadlines in capital cases shall be sent to the administrative office of the courts. The administrative office of the courts shall report annually to the general assembly on the compliance by the courts within the time limits established for capital cases and the reason for noncompliance, if any.
(e) (1) By December 1, 2009, and every December 1 thereafter, the administrative office of the courts shall complete the compliance report required by subsection (d) and submit the report to the chief clerks of the house of representatives and the senate and the chairs of the criminal justice committee of the house of representatives and the judiciary committee of the senate. (2) The administrative office of the courts, in consultation with the district attorneys general conference, the office of the post-conviction defender and the district public defenders conference, shall review the annual compliance report to determine if the time period for the final disposition of post-conviction petitions in capital cases set out in subsection (d) is a realistic time period for providing a thorough and meaningful review of the claims and making a final disposition of them. If it is determined that the statutory period for final disposition of the petitions is not realistic, the administrative office of the courts shall determine a realistic and attainable time period and submit it to the legislature as provided in subdivision (e)(1). (3) The review and determination of a realistic time period for the conclusion of post-convictions petitions required by subdivision (e)(2) shall be made by December 1, 2009, and every December 1 thereafter.
(1) By December 1, 2009, and every December 1 thereafter, the administrative office of the courts shall complete the compliance report required by subsection (d) and submit the report to the chief clerks of the house of representatives and the senate and the chairs of the criminal justice committee of the house of representatives and the judiciary committee of the senate.
(2) The administrative office of the courts, in consultation with the district attorneys general conference, the office of the post-conviction defender and the district public defenders conference, shall review the annual compliance report to determine if the time period for the final disposition of post-conviction petitions in capital cases set out in subsection (d) is a realistic time period for providing a thorough and meaningful review of the claims and making a final disposition of them. If it is determined that the statutory period for final disposition of the petitions is not realistic, the administrative office of the courts shall determine a realistic and attainable time period and submit it to the legislature as provided in subdivision (e)(1).
(3) The review and determination of a realistic time period for the conclusion of post-convictions petitions required by subdivision (e)(2) shall be made by December 1, 2009, and every December 1 thereafter.
Amended by 2021 Tenn. Acts, ch. 64, s 49, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 57, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 38, eff. 4/19/2013.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-211; Acts 2009 , ch. 594, § 1.
Tenn. Code Ann. § 40-13-102 — TN Code / Title 40 / Chapter 13 / Section 40-13-102
Offenses indictable
Status: in_force

All felonies and all misdemeanors are indictable offenses. Code 1932, § 11621; T.C.A. (orig. ed.), § 40-1703.
All felonies and all misdemeanors are indictable offenses.
Code 1932, § 11621; T.C.A. (orig. ed.), § 40-1703.
Tenn. Code Ann. § 40-28-126 — TN Code / Title 40 / Chapter 28 / Section 40-28-126
Advice as to pardons, exonerations and commutations
Status: in_force

(a) It is the duty of the board to advise with and make recommendations to the governor with respect to pardons, exonerations and commutations. Any report received from the trial judge or district attorney general will be made a part of the file of the applicant. (b) The board shall have the district attorney general and trial judge, in whose court the case was tried, notified of the hearing of applications for executive clemency. Acts 1937, ch. 276, § 18; C. Supp. 1950, § 11818.18 (Williams, § 11843.18); Acts 1961, ch. 93, § 14; 1979, ch. 359, § 24; 1982, ch. 604, § 3; T.C.A. (orig. ed.), § 40-3623; Acts 1989, ch. 227, § 46; 1998, ch. 1049, § 25; 2012, ch. 727, § 34.
(a) It is the duty of the board to advise with and make recommendations to the governor with respect to pardons, exonerations and commutations. Any report received from the trial judge or district attorney general will be made a part of the file of the applicant.
(b) The board shall have the district attorney general and trial judge, in whose court the case was tried, notified of the hearing of applications for executive clemency.
Acts 1937, ch. 276, § 18; C. Supp. 1950, § 11818.18 (Williams, § 11843.18); Acts 1961, ch. 93, § 14; 1979, ch. 359, § 24; 1982, ch. 604, § 3; T.C.A. (orig. ed.), § 40-3623; Acts 1989, ch. 227, § 46; 1998, ch. 1049, § 25; 2012, ch. 727, § 34.
Tenn. Code Ann. § 40-38-609 — TN Code / Title 40 / Chapter 38 / Section 40-38-609
Disclosure of substitute address or other information by secretary of state - Requests for disclosure
Status: in_force

(a) Except as otherwise provided by this part, the secretary of state shall not disclose the confidential address or any other information contained within a program participant's file, other than the substitute address designated by the secretary of state, except under the following circumstances: (1) If directed by a court order signed by a judge of a court of competent jurisdiction; (2) Upon written request, on a form prepared by the secretary of state, by the chief law enforcement officer of a county or municipality, or an authorized representative of the Tennessee bureau of investigation, Tennessee highway patrol, or a federal law enforcement agency, if related to an ongoing official investigation; or (3) Upon written request, on a form prepared by the secretary of state, by a director of a state or federal agency, if the secretary of state determines that there exists a bona fide legal or administrative requirement of the use of the program participant's confidential address such that the director is unable to fulfill legal duties and obligations without the confidential address. (b) Upon written request by the director of a state or federal agency, the chief law enforcement officer of a county or municipality, or an authorized representative of the Tennessee bureau of investigation, Tennessee highway patrol, or a federal law enforcement agency who intends to request access to an individual's confidential address under this section, or any other information contained within a program participant's file, the secretary of state shall confirm whether the individual is a program participant but shall not disclose any additional information concerning the program participant until such time as a written request for disclosure as described in this section is granted. Subject to subsections (d) and (e), a determination regarding such a written request shall be made by the secretary within three (3) business days following receipt of a completed request for disclosure. (c) When making a request for the disclosure of the program participant's confidential address, or any other information contained within a program participant's file, whether before a court of law or by written request to the secretary of state, the party or parties requesting the disclosure must show by clear and convincing evidence that the disclosure of the confidential address or other records is necessary for a legitimate governmental purpose that cannot otherwise be accomplished and which outweighs the risk of harm to the program participant. (d) Written requests for disclosure of the program participant's confidential address, or any other information contained within a program participant's file, shall be submitted to the office of the secretary of state, on a form prescribed by the secretary of state, for consideration by the secretary or the secretary's designee. Except for a request from a law enforcement agency under subdivision (a)(2), the secretary shall provide the program participant with notice of the requested disclosure and an opportunity to respond in writing to the request stating any objections to the disclosure. The secretary shall issue a determination in writing, which shall be provided to both the requesting party and the program participant, setting out the information that is to be disclosed and the reason for the disclosure. (e) Any party may, within ten (10) business days of the date of the secretary's decision, appeal the secretary's decision by filing with the office of the secretary of state a written request for a contested case hearing before an administrative law judge under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, on a form prescribed by the secretary of state. The program participant, or the program participant's parent or fiduciary if applicable, shall have an opportunity to present evidence at the contested case hearing regarding the potential harm to the safety of the program participant if the program participant's confidential address, or any other information contained in the program participant's file, is disclosed. If no request for appeal is filed within ten (10) business days of the secretary's decision, then the secretary's decision shall be implemented according to its terms. (f) Disclosure of a participant's confidential address, or any other information contained within a program participant's file, under this section shall be limited under the terms of the court's order or the secretary's determination to ensure that the disclosure and dissemination of the confidential address will be no greater than necessary for the specific purpose for which it was requested. (g) Individuals granted access to the program participant's confidential information, whether by court order or by virtue of the individual's position as an employee of a governmental entity, are prohibited from knowingly disclosing such information to unauthorized individuals, except as otherwise required by law. (h) No person shall knowingly obtain a program participant's confidential address or telephone number from any governmental agency knowing that the person is not authorized to obtain the address information. (i) Nothing in this section shall be construed as to prevent the secretary of state from granting a request for disclosure to a state or local government agency pursuant to this part upon receipt of a program participant's written and notarized consent to do so. Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
(a) Except as otherwise provided by this part, the secretary of state shall not disclose the confidential address or any other information contained within a program participant's file, other than the substitute address designated by the secretary of state, except under the following circumstances: (1) If directed by a court order signed by a judge of a court of competent jurisdiction; (2) Upon written request, on a form prepared by the secretary of state, by the chief law enforcement officer of a county or municipality, or an authorized representative of the Tennessee bureau of investigation, Tennessee highway patrol, or a federal law enforcement agency, if related to an ongoing official investigation; or (3) Upon written request, on a form prepared by the secretary of state, by a director of a state or federal agency, if the secretary of state determines that there exists a bona fide legal or administrative requirement of the use of the program participant's confidential address such that the director is unable to fulfill legal duties and obligations without the confidential address.
(1) If directed by a court order signed by a judge of a court of competent jurisdiction;
(2) Upon written request, on a form prepared by the secretary of state, by the chief law enforcement officer of a county or municipality, or an authorized representative of the Tennessee bureau of investigation, Tennessee highway patrol, or a federal law enforcement agency, if related to an ongoing official investigation; or
(3) Upon written request, on a form prepared by the secretary of state, by a director of a state or federal agency, if the secretary of state determines that there exists a bona fide legal or administrative requirement of the use of the program participant's confidential address such that the director is unable to fulfill legal duties and obligations without the confidential address.
(b) Upon written request by the director of a state or federal agency, the chief law enforcement officer of a county or municipality, or an authorized representative of the Tennessee bureau of investigation, Tennessee highway patrol, or a federal law enforcement agency who intends to request access to an individual's confidential address under this section, or any other information contained within a program participant's file, the secretary of state shall confirm whether the individual is a program participant but shall not disclose any additional information concerning the program participant until such time as a written request for disclosure as described in this section is granted. Subject to subsections (d) and (e), a determination regarding such a written request shall be made by the secretary within three (3) business days following receipt of a completed request for disclosure.
(c) When making a request for the disclosure of the program participant's confidential address, or any other information contained within a program participant's file, whether before a court of law or by written request to the secretary of state, the party or parties requesting the disclosure must show by clear and convincing evidence that the disclosure of the confidential address or other records is necessary for a legitimate governmental purpose that cannot otherwise be accomplished and which outweighs the risk of harm to the program participant.
(d) Written requests for disclosure of the program participant's confidential address, or any other information contained within a program participant's file, shall be submitted to the office of the secretary of state, on a form prescribed by the secretary of state, for consideration by the secretary or the secretary's designee. Except for a request from a law enforcement agency under subdivision (a)(2), the secretary shall provide the program participant with notice of the requested disclosure and an opportunity to respond in writing to the request stating any objections to the disclosure. The secretary shall issue a determination in writing, which shall be provided to both the requesting party and the program participant, setting out the information that is to be disclosed and the reason for the disclosure.
(e) Any party may, within ten (10) business days of the date of the secretary's decision, appeal the secretary's decision by filing with the office of the secretary of state a written request for a contested case hearing before an administrative law judge under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, on a form prescribed by the secretary of state. The program participant, or the program participant's parent or fiduciary if applicable, shall have an opportunity to present evidence at the contested case hearing regarding the potential harm to the safety of the program participant if the program participant's confidential address, or any other information contained in the program participant's file, is disclosed. If no request for appeal is filed within ten (10) business days of the secretary's decision, then the secretary's decision shall be implemented according to its terms.
(f) Disclosure of a participant's confidential address, or any other information contained within a program participant's file, under this section shall be limited under the terms of the court's order or the secretary's determination to ensure that the disclosure and dissemination of the confidential address will be no greater than necessary for the specific purpose for which it was requested.
(g) Individuals granted access to the program participant's confidential information, whether by court order or by virtue of the individual's position as an employee of a governmental entity, are prohibited from knowingly disclosing such information to unauthorized individuals, except as otherwise required by law.
(h) No person shall knowingly obtain a program participant's confidential address or telephone number from any governmental agency knowing that the person is not authorized to obtain the address information.
(i) Nothing in this section shall be construed as to prevent the secretary of state from granting a request for disclosure to a state or local government agency pursuant to this part upon receipt of a program participant's written and notarized consent to do so.
Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
Tenn. Code Ann. § 40-12-106 — TN Code / Title 40 / Chapter 12 / Section 40-12-106
Prosecution of persons applying to testify not barred - Express immunity
Status: in_force

Notwithstanding any contrary provisions of law, no person applying to testify before the grand jury shall be immune from prosecution based upon testimony subsequently given pursuant to the application, except under express grant of immunity by the grand jury. Acts 1978, ch. 727, § 3; impl. am. Acts 1979, ch. 399, § 1; T.C.A., § 40-1628.
Notwithstanding any contrary provisions of law, no person applying to testify before the grand jury shall be immune from prosecution based upon testimony subsequently given pursuant to the application, except under express grant of immunity by the grand jury.
Acts 1978, ch. 727, § 3; impl. am. Acts 1979, ch. 399, § 1; T.C.A., § 40-1628.
Tenn. Code Ann. § 40-39-102 — TN Code / Title 40 / Chapter 39 / Section 40-39-102
Part definitions
Status: in_force

As used in this part: (1) "Abuser" or "animal abuser" means a person who has been convicted in this state of committing an animal abuse offense; (2) "Animal" means a companion animal, and a "non-livestock animal", as defined in § 39-14-201 . "Animal" does not mean "livestock", as defined in § 39-14-201 , or "wildlife", as defined in § 70-1-101 ; (3) "Animal abuse offense" means: (A) Aggravated cruelty to animals, under § 39-14-212 ; (B) Animal fighting, under § 39-14-203 , where the defendant's act constitutes a felony; and (C) A criminal offense against animals, under § 39-14-214 ; (4) "Companion animal" means any dog, defined as any live dog of the species Canis familiaris, or cat, defined as any live cat of the species Felis catus; (5) "Conviction" means a judgment entered by a Tennessee court upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court, notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment. Conviction includes a disposition of pretrial diversion under § 40-15-105 , a disposition of judicial diversion under § 40-35-313 , or the equivalent dispositions from other jurisdictions; (6) "Director" means the director of the TBI; and (7) "TBI" means the Tennessee bureau of investigation. Acts 2015, ch. 413, § 1.
As used in this part:
(1) "Abuser" or "animal abuser" means a person who has been convicted in this state of committing an animal abuse offense;
(2) "Animal" means a companion animal, and a "non-livestock animal", as defined in § 39-14-201 . "Animal" does not mean "livestock", as defined in § 39-14-201 , or "wildlife", as defined in § 70-1-101 ;
(3) "Animal abuse offense" means: (A) Aggravated cruelty to animals, under § 39-14-212 ; (B) Animal fighting, under § 39-14-203 , where the defendant's act constitutes a felony; and (C) A criminal offense against animals, under § 39-14-214 ;
(A) Aggravated cruelty to animals, under § 39-14-212 ;
(B) Animal fighting, under § 39-14-203 , where the defendant's act constitutes a felony; and
(C) A criminal offense against animals, under § 39-14-214 ;
(4) "Companion animal" means any dog, defined as any live dog of the species Canis familiaris, or cat, defined as any live cat of the species Felis catus;
(5) "Conviction" means a judgment entered by a Tennessee court upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court, notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment. Conviction includes a disposition of pretrial diversion under § 40-15-105 , a disposition of judicial diversion under § 40-35-313 , or the equivalent dispositions from other jurisdictions;
(6) "Director" means the director of the TBI; and
(7) "TBI" means the Tennessee bureau of investigation.
Acts 2015, ch. 413, § 1.
Tenn. Code Ann. § 40-31-103 — TN Code / Title 40 / Chapter 31 / Section 40-31-103
Enforcement of agreement - Cooperation with party states
Status: in_force

All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose. Acts 1970, ch. 560, § 3; T.C.A., § 40-3903.
All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
Acts 1970, ch. 560, § 3; T.C.A., § 40-3903.
Tenn. Code Ann. § 40-32-102 — TN Code / Title 40 / Chapter 32 / Section 40-32-102
Officials required to destroy
Status: in_force

(a) The chief administrative official of a municipal, county, or state agency and the clerk of each court where the records are recorded shall remove and destroy the records within sixty (60) days from the date of the expunction order issued under § 40-32-101 . (b) The Tennessee bureau of investigation shall remove expunged records from the person's criminal history within sixty (60) days from the date of receipt of the expunction order. Amended by 2015 Tenn. Acts, ch. 295,s 1, eff. 4/24/2015. Acts 1973, ch. 318, § 2; 1978, ch. 641, § 1; T.C.A., § 40-4002.
(a) The chief administrative official of a municipal, county, or state agency and the clerk of each court where the records are recorded shall remove and destroy the records within sixty (60) days from the date of the expunction order issued under § 40-32-101 .
(b) The Tennessee bureau of investigation shall remove expunged records from the person's criminal history within sixty (60) days from the date of receipt of the expunction order.
Amended by 2015 Tenn. Acts, ch. 295,s 1, eff. 4/24/2015.
Acts 1973, ch. 318, § 2; 1978, ch. 641, § 1; T.C.A., § 40-4002.
Tenn. Code Ann. § 40-25-119 — TN Code / Title 40 / Chapter 25 / Section 40-25-119
Contents of bill of fees
Status: in_force

All of the fees may be made out in one (1) bill, but each case shall show the date of indictment, the date of commitment, the date or dates of boarding the jury, the rate charged for boarding the jury, up to what date judgment has been given for the costs, and of all previous dispositions of any previous court in the case or cases. Acts 1893, ch. 138, § 2; Shan., § 7624; Code 1932, § 12253; T.C.A. (orig. ed.), § 40-3321.
All of the fees may be made out in one (1) bill, but each case shall show the date of indictment, the date of commitment, the date or dates of boarding the jury, the rate charged for boarding the jury, up to what date judgment has been given for the costs, and of all previous dispositions of any previous court in the case or cases.
Acts 1893, ch. 138, § 2; Shan., § 7624; Code 1932, § 12253; T.C.A. (orig. ed.), § 40-3321.
Tenn. Code Ann. § 40-38-302 — TN Code / Title 40 / Chapter 38 / Section 40-38-302
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Crime" means: (A) Any offense the punishment for which is a Class A, B, C, D or E felony; (B) First degree murder; or (C) Assault under § 39-13-101(a)(1) ; (2) "Critical stages of the criminal justice process" are: (A) Bond hearings or bond reduction hearings if hearing from the victim is deemed relevant by the appropriate district attorney general; (B) Any hearing on a motion to dismiss or on a plea agreement requiring approval by the trial court; (C) The defendant's sentencing hearing; (D) Any hearing at which the issue of whether the defendant should pay restitution or the amount of restitution that should be paid is discussed; (E) Any parole hearing at which the defendant's release on parole will be discussed or determined; and (F) Any other hearing that proposes a final disposition of the case; (3) "Family member" means the victim's spouse, natural parent, child, adopted child, grandparent, grandchild, stepparent, adoptive parent, or brother or sister of the whole or half-blood or by adoption. If a "family member" is a minor, the minor may be represented by a guardian where appropriate; and (4) (A) "Victim" means: (i) A natural person against whom a crime was committed; (ii) If the victim is a minor, then the parent or legal guardian of the minor; or (iii) If the victim is deceased or is physically or emotionally unable to exercise the victim's rights, then the following persons, or their designees, in the order of preference in which they are listed: (a) A family member; or (b) A person who resided with the victim; (B) "Victim" does not include any person charged with or alleged to have committed the crime or who is charged with some form of criminal responsibility for commission of the crime. Acts 2000, ch. 577, § 1; 2008, ch. 1163, § 1.
As used in this part, unless the context otherwise requires:
(1) "Crime" means: (A) Any offense the punishment for which is a Class A, B, C, D or E felony; (B) First degree murder; or (C) Assault under § 39-13-101(a)(1) ;
(A) Any offense the punishment for which is a Class A, B, C, D or E felony;
(B) First degree murder; or
(C) Assault under § 39-13-101(a)(1) ;
(2) "Critical stages of the criminal justice process" are: (A) Bond hearings or bond reduction hearings if hearing from the victim is deemed relevant by the appropriate district attorney general; (B) Any hearing on a motion to dismiss or on a plea agreement requiring approval by the trial court; (C) The defendant's sentencing hearing; (D) Any hearing at which the issue of whether the defendant should pay restitution or the amount of restitution that should be paid is discussed; (E) Any parole hearing at which the defendant's release on parole will be discussed or determined; and (F) Any other hearing that proposes a final disposition of the case;
(A) Bond hearings or bond reduction hearings if hearing from the victim is deemed relevant by the appropriate district attorney general;
(B) Any hearing on a motion to dismiss or on a plea agreement requiring approval by the trial court;
(C) The defendant's sentencing hearing;
(D) Any hearing at which the issue of whether the defendant should pay restitution or the amount of restitution that should be paid is discussed;
(E) Any parole hearing at which the defendant's release on parole will be discussed or determined; and
(F) Any other hearing that proposes a final disposition of the case;
(3) "Family member" means the victim's spouse, natural parent, child, adopted child, grandparent, grandchild, stepparent, adoptive parent, or brother or sister of the whole or half-blood or by adoption. If a "family member" is a minor, the minor may be represented by a guardian where appropriate; and
(4) (A) "Victim" means: (i) A natural person against whom a crime was committed; (ii) If the victim is a minor, then the parent or legal guardian of the minor; or (iii) If the victim is deceased or is physically or emotionally unable to exercise the victim's rights, then the following persons, or their designees, in the order of preference in which they are listed: (a) A family member; or (b) A person who resided with the victim; (B) "Victim" does not include any person charged with or alleged to have committed the crime or who is charged with some form of criminal responsibility for commission of the crime.
(A) "Victim" means: (i) A natural person against whom a crime was committed; (ii) If the victim is a minor, then the parent or legal guardian of the minor; or (iii) If the victim is deceased or is physically or emotionally unable to exercise the victim's rights, then the following persons, or their designees, in the order of preference in which they are listed: (a) A family member; or (b) A person who resided with the victim;
(i) A natural person against whom a crime was committed;
(ii) If the victim is a minor, then the parent or legal guardian of the minor; or
(iii) If the victim is deceased or is physically or emotionally unable to exercise the victim's rights, then the following persons, or their designees, in the order of preference in which they are listed: (a) A family member; or (b) A person who resided with the victim;
(a) A family member; or
(b) A person who resided with the victim;
(B) "Victim" does not include any person charged with or alleged to have committed the crime or who is charged with some form of criminal responsibility for commission of the crime.
Acts 2000, ch. 577, § 1; 2008, ch. 1163, § 1.
Tenn. Code Ann. § 40-25-130 — TN Code / Title 40 / Chapter 25 / Section 40-25-130
Circumstances when state or county liable
Status: in_force

The state, or the county in which the offense was committed or is triable, according to the nature of the offense, pays the costs accrued on behalf of the state, and for which the state or county is liable under § 40-25-129 , in the following cases, when: (1) The defendant is acquitted by a verdict of the jury upon the merits; (2) The prosecution is dismissed, or a nolle prosequi entered by the state; (3) The action has abated by the death of the defendant; (4) The defendant is discharged by the court or magistrate before indictment preferred or found, or after indictment and before verdict; or (5) The defendant has been convicted, but the execution issued upon the judgment has been returned "nulla bona" or where the court hearing the case has made a finding at any evidentiary hearing that the defendant is indigent and remains indigent at the time of conviction. Code 1858, § 5585 (deriv. Acts 1813, ch. 137 (136 in Scott's Revisal), §§ 2, 3, 5; 1832, ch. 8, § 2; 1837-1838, ch. 141, § 1; 1853-1854, ch. 38, § 1; 1853-1854, ch. 72, §2); Acts 1885 (Ex. Sess.), ch. 14; 1897, ch. 20, § 1; Shan., § 7619; Code 1932, §12247; Acts 1980, ch. 625, § 2; T.C.A. (orig. ed.), § 40-3332.
The state, or the county in which the offense was committed or is triable, according to the nature of the offense, pays the costs accrued on behalf of the state, and for which the state or county is liable under § 40-25-129 , in the following cases, when:
(1) The defendant is acquitted by a verdict of the jury upon the merits;
(2) The prosecution is dismissed, or a nolle prosequi entered by the state;
(3) The action has abated by the death of the defendant;
(4) The defendant is discharged by the court or magistrate before indictment preferred or found, or after indictment and before verdict; or
(5) The defendant has been convicted, but the execution issued upon the judgment has been returned "nulla bona" or where the court hearing the case has made a finding at any evidentiary hearing that the defendant is indigent and remains indigent at the time of conviction.
Code 1858, § 5585 (deriv. Acts 1813, ch. 137 (136 in Scott's Revisal), §§ 2, 3, 5; 1832, ch. 8, § 2; 1837-1838, ch. 141, § 1; 1853-1854, ch. 38, § 1; 1853-1854, ch. 72, §2); Acts 1885 (Ex. Sess.), ch. 14; 1897, ch. 20, § 1; Shan., § 7619; Code 1932, §12247; Acts 1980, ch. 625, § 2; T.C.A. (orig. ed.), § 40-3332.
Tenn. Code Ann. § 40-30-121 — TN Code / Title 40 / Chapter 30 / Section 40-30-121
Priority
Status: in_force

Post-conviction cases where the petitioner is under the death sentence shall be given priority over all other matters in docketing by the courts having trial and appellate jurisdiction of the cases. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-221.
Post-conviction cases where the petitioner is under the death sentence shall be given priority over all other matters in docketing by the courts having trial and appellate jurisdiction of the cases.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-221.
Tenn. Code Ann. § 40-38-506 — TN Code / Title 40 / Chapter 38 / Section 40-38-506
Computer related expenses
Status: in_force

Upon the initial deposit of thirty-four thousand dollars ($34,000) into the victim notification fund from the one dollar ($1.00) additional privilege tax on litigation imposed by § 67-4-602(h) , thirty-four thousand dollars ($34,000) shall be allocated to the department of revenue for defrayal of computer-related expenses required by implementation of this part. Acts 2009, ch. 488, § 2.
Upon the initial deposit of thirty-four thousand dollars ($34,000) into the victim notification fund from the one dollar ($1.00) additional privilege tax on litigation imposed by § 67-4-602(h) , thirty-four thousand dollars ($34,000) shall be allocated to the department of revenue for defrayal of computer-related expenses required by implementation of this part.
Acts 2009, ch. 488, § 2.
Tenn. Code Ann. § 40-28-306 — TN Code / Title 40 / Chapter 28 / Section 40-28-306
Monitoring graduated sanctions
Status: in_force

The chief supervision officer shall review confinement sanctions recommended by probation and parole officers on a quarterly basis to assess any disparities that may exist among officers, evaluate the effectiveness of the sanction as measured by the supervised individuals' subsequent conduct, and monitor the impact on the department's number and type of revocations for violations of the conditions of supervision. Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
The chief supervision officer shall review confinement sanctions recommended by probation and parole officers on a quarterly basis to assess any disparities that may exist among officers, evaluate the effectiveness of the sanction as measured by the supervised individuals' subsequent conduct, and monitor the impact on the department's number and type of revocations for violations of the conditions of supervision.
Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
Tenn. Code Ann. § 40-4-101 — TN Code / Title 40 / Chapter 4 / Section 40-4-101
Preliminary proceedings
Status: in_force

Judges of the courts of general sessions are authorized and empowered to: (1) Make the preliminary examination and bind over the reputed father in bastardy cases; (2) Summon a jury of inquest in cases of death by accident, as provided in § 38-5-103 ; (3) Issue a warrant for a prisoner escaped from jail; (4) Examine persons arrested for a crime; (5) Bind a defendant over to court if probable cause be found; and (6) Take bail in bailable offenses brought before the judges. Code 1858, § 4970 (deriv. Acts 1715, ch. 16, § 1; 1741, ch. 14, §10; 1777, ch. 8, § 9; 1817, ch. 100, § 1; 1825, ch. 36, § 4; 1831, ch. 4, § 1); Shan., § 6931; Code 1932, § 11470; T.C.A. (orig. ed.), § 40-401; Acts 1993, ch. 241, § 58.
Judges of the courts of general sessions are authorized and empowered to:
(1) Make the preliminary examination and bind over the reputed father in bastardy cases;
(2) Summon a jury of inquest in cases of death by accident, as provided in § 38-5-103 ;
(3) Issue a warrant for a prisoner escaped from jail;
(4) Examine persons arrested for a crime;
(5) Bind a defendant over to court if probable cause be found; and
(6) Take bail in bailable offenses brought before the judges.
Code 1858, § 4970 (deriv. Acts 1715, ch. 16, § 1; 1741, ch. 14, §10; 1777, ch. 8, § 9; 1817, ch. 100, § 1; 1825, ch. 36, § 4; 1831, ch. 4, § 1); Shan., § 6931; Code 1932, § 11470; T.C.A. (orig. ed.), § 40-401; Acts 1993, ch. 241, § 58.
Tenn. Code Ann. § 40-35-317 — TN Code / Title 40 / Chapter 35 / Section 40-35-317
Institutional disciplinary rules - Punishment for violations
Status: in_force

(a) Nothing contained in § 40-35-302 , § 40-35-306 , § 40-35-307 or § 40-35-314 shall prevent the official having responsibility for the custody and safekeeping of the defendant, as an alternative to the judicial remedy provided in those sections, from duly promulgating and enforcing reasonable disciplinary rules and procedures that provide for appropriate punishments for violations of any condition or rule of the institution in which the defendant is incarcerated, such as increasing the amount of time the defendant must serve in confinement or by changing the conditions of the defendant's confinement, or both. Any increase in the amount of time to be served shall not exceed the full sentence originally imposed by the court. (b) Officials having responsibility for the custody and safekeeping of defendants may promulgate and enforce reasonable disciplinary rules and procedures requiring all able-bodied inmates to participate in work programs. The rules and procedures may provide appropriate punishments for inmates who refuse to work, including, but not limited to, increasing the amount of time the defendant must serve in confinement or changing the conditions of the defendant's confinement, or both. Any increase in the amount of time a defendant must serve for refusing to participate in a work program shall not exceed the sentence originally imposed by the court. Acts 1989, ch. 591, § 6.
(a) Nothing contained in § 40-35-302 , § 40-35-306 , § 40-35-307 or § 40-35-314 shall prevent the official having responsibility for the custody and safekeeping of the defendant, as an alternative to the judicial remedy provided in those sections, from duly promulgating and enforcing reasonable disciplinary rules and procedures that provide for appropriate punishments for violations of any condition or rule of the institution in which the defendant is incarcerated, such as increasing the amount of time the defendant must serve in confinement or by changing the conditions of the defendant's confinement, or both. Any increase in the amount of time to be served shall not exceed the full sentence originally imposed by the court.
(b) Officials having responsibility for the custody and safekeeping of defendants may promulgate and enforce reasonable disciplinary rules and procedures requiring all able-bodied inmates to participate in work programs. The rules and procedures may provide appropriate punishments for inmates who refuse to work, including, but not limited to, increasing the amount of time the defendant must serve in confinement or changing the conditions of the defendant's confinement, or both. Any increase in the amount of time a defendant must serve for refusing to participate in a work program shall not exceed the sentence originally imposed by the court.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-7-109 — TN Code / Title 40 / Chapter 7 / Section 40-7-109
Arrest by private person - Grounds
Status: in_force

(a) A private person may arrest another: (1) For a public offense committed in the arresting person's presence; (2) When the person arrested has committed a felony, although not in the arresting person's presence; or (3) When a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed the felony. (b) A private person who makes an arrest of another pursuant to §§ 40-7-109 - 40-7-115 shall receive no arrest fee or compensation for the arrest. Code 1858, § 5042; Shan., § 7002; Code 1932, § 11541; Acts 1965, ch. 279, § 1; T.C.A. (orig. ed.), § 40-816.
(a) A private person may arrest another: (1) For a public offense committed in the arresting person's presence; (2) When the person arrested has committed a felony, although not in the arresting person's presence; or (3) When a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed the felony.
(1) For a public offense committed in the arresting person's presence;
(2) When the person arrested has committed a felony, although not in the arresting person's presence; or
(3) When a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed the felony.
(b) A private person who makes an arrest of another pursuant to §§ 40-7-109 - 40-7-115 shall receive no arrest fee or compensation for the arrest.
Code 1858, § 5042; Shan., § 7002; Code 1932, § 11541; Acts 1965, ch. 279, § 1; T.C.A. (orig. ed.), § 40-816.
Tenn. Code Ann. § 40-39-205 — TN Code / Title 40 / Chapter 39 / Section 40-39-205
Creation and distribution of forms - Acknowledgement forms
Status: in_force

(a) TBI registration forms shall be designed, printed and distributed by and at the expense of the TBI. These forms shall include instructions for compliance with this part and a statement of understanding and acknowledgment of those instructions to be signed by the offender. TBI registration forms shall be available from registering agencies, parole officers, probation officers and other public officers and employees assigned responsibility for the supervised release of convicted felons into the community. (b) It shall be the duty of the offender's designated registering agency, its representatives and designees, including any district attorney general's criminal investigator, to verify the accuracy and completeness of all information contained in the offender's SOR. (c) The officer or employee responsible for supervising an offender who has been released on probation, parole or any other alternative to incarceration shall: (1) Promptly obtain the offender's signed statement acknowledging that the named officer or employee has: (A) Fully explained, and the offender understands, the registration, verification and tracking requirements and sanctions of this part and the current sex offender directives established by the department of correction; (B) Provided the offender with a blank TBI registration form and assisted the offender in completing the form; and (C) Obtained fingerprints, palm prints and photographs of the offender, and vehicles and vessels, as determined necessary by the agency; (2) Immediately, but in no case to exceed twelve (12) hours from registration, enter all data received from the offender, as required by the TBI and § 40-39-203(i) , into the TIES internet. The officer or employee shall, within three (3) days, send by United States postal service or by electronic means the signed and completed TBI registration form to TBI headquarters in Nashville. The photographs of the offender, vehicles and vessels, and the fingerprints should also be sent by United States postal service within three (3) days, if not electronically submitted to TBI headquarters in Nashville. The registering agency shall retain a duplicate copy of the TBI registration form as a part of the business records for that agency. (d) Not more than forty-eight (48) hours prior to the release of an offender from incarceration, with or without supervision, the warden of the correctional facility or the warden's designee, or sheriff of the jail or the sheriff's designee, shall obtain the offender's signed statement acknowledging that the official has fully explained, and the offender understands, the registration, verification and tracking requirements and sanctions of this part. If the offender is to be released with or without any type of supervision, the warden of the correctional facility or the warden's designee, or sheriff of the jail or the sheriff's designee, shall assist the offender in completing a TBI registration form. The warden or the warden's designee, or the sheriff or the sheriff's designee, shall also obtain fingerprints, palm prints and photographs of the offender, vehicles and vessels, as determined necessary by the agency. The official shall send by United States postal service the signed and completed TBI registration form to TBI headquarters in Nashville within three (3) days of the release of the offender. The photographs of the offender, vehicles and vessels, and the fingerprints should also be sent by United States postal service within three (3) days, if not electronically submitted to TBI headquarters in Nashville. (e) If the offender is placed on unsupervised probation, the court shall fully explain to the offender, on the court record, the registration, verification and tracking requirements and sanctions of this part. The court shall then order the offender to report within forty-eight (48) hours, in person, to the appropriate registering agency to register as required by this part. (f) Through press releases, public service announcements or through other appropriate public information activities, the TBI shall attempt to ensure that all offenders, including those who move into this state, are informed and periodically reminded of the registration, verification and tracking requirements and sanctions of this part. Amended by 2015 Tenn. Acts, ch. 516, s 4, eff. 7/1/2015. Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, § 17; 2012 , ch. 727, § 62.
(a) TBI registration forms shall be designed, printed and distributed by and at the expense of the TBI. These forms shall include instructions for compliance with this part and a statement of understanding and acknowledgment of those instructions to be signed by the offender. TBI registration forms shall be available from registering agencies, parole officers, probation officers and other public officers and employees assigned responsibility for the supervised release of convicted felons into the community.
(b) It shall be the duty of the offender's designated registering agency, its representatives and designees, including any district attorney general's criminal investigator, to verify the accuracy and completeness of all information contained in the offender's SOR.
(c) The officer or employee responsible for supervising an offender who has been released on probation, parole or any other alternative to incarceration shall: (1) Promptly obtain the offender's signed statement acknowledging that the named officer or employee has: (A) Fully explained, and the offender understands, the registration, verification and tracking requirements and sanctions of this part and the current sex offender directives established by the department of correction; (B) Provided the offender with a blank TBI registration form and assisted the offender in completing the form; and (C) Obtained fingerprints, palm prints and photographs of the offender, and vehicles and vessels, as determined necessary by the agency; (2) Immediately, but in no case to exceed twelve (12) hours from registration, enter all data received from the offender, as required by the TBI and § 40-39-203(i) , into the TIES internet. The officer or employee shall, within three (3) days, send by United States postal service or by electronic means the signed and completed TBI registration form to TBI headquarters in Nashville. The photographs of the offender, vehicles and vessels, and the fingerprints should also be sent by United States postal service within three (3) days, if not electronically submitted to TBI headquarters in Nashville. The registering agency shall retain a duplicate copy of the TBI registration form as a part of the business records for that agency.
(1) Promptly obtain the offender's signed statement acknowledging that the named officer or employee has: (A) Fully explained, and the offender understands, the registration, verification and tracking requirements and sanctions of this part and the current sex offender directives established by the department of correction; (B) Provided the offender with a blank TBI registration form and assisted the offender in completing the form; and (C) Obtained fingerprints, palm prints and photographs of the offender, and vehicles and vessels, as determined necessary by the agency;
(A) Fully explained, and the offender understands, the registration, verification and tracking requirements and sanctions of this part and the current sex offender directives established by the department of correction;
(B) Provided the offender with a blank TBI registration form and assisted the offender in completing the form; and
(C) Obtained fingerprints, palm prints and photographs of the offender, and vehicles and vessels, as determined necessary by the agency;
(2) Immediately, but in no case to exceed twelve (12) hours from registration, enter all data received from the offender, as required by the TBI and § 40-39-203(i) , into the TIES internet. The officer or employee shall, within three (3) days, send by United States postal service or by electronic means the signed and completed TBI registration form to TBI headquarters in Nashville. The photographs of the offender, vehicles and vessels, and the fingerprints should also be sent by United States postal service within three (3) days, if not electronically submitted to TBI headquarters in Nashville. The registering agency shall retain a duplicate copy of the TBI registration form as a part of the business records for that agency.
(d) Not more than forty-eight (48) hours prior to the release of an offender from incarceration, with or without supervision, the warden of the correctional facility or the warden's designee, or sheriff of the jail or the sheriff's designee, shall obtain the offender's signed statement acknowledging that the official has fully explained, and the offender understands, the registration, verification and tracking requirements and sanctions of this part. If the offender is to be released with or without any type of supervision, the warden of the correctional facility or the warden's designee, or sheriff of the jail or the sheriff's designee, shall assist the offender in completing a TBI registration form. The warden or the warden's designee, or the sheriff or the sheriff's designee, shall also obtain fingerprints, palm prints and photographs of the offender, vehicles and vessels, as determined necessary by the agency. The official shall send by United States postal service the signed and completed TBI registration form to TBI headquarters in Nashville within three (3) days of the release of the offender. The photographs of the offender, vehicles and vessels, and the fingerprints should also be sent by United States postal service within three (3) days, if not electronically submitted to TBI headquarters in Nashville.
(e) If the offender is placed on unsupervised probation, the court shall fully explain to the offender, on the court record, the registration, verification and tracking requirements and sanctions of this part. The court shall then order the offender to report within forty-eight (48) hours, in person, to the appropriate registering agency to register as required by this part.
(f) Through press releases, public service announcements or through other appropriate public information activities, the TBI shall attempt to ensure that all offenders, including those who move into this state, are informed and periodically reminded of the registration, verification and tracking requirements and sanctions of this part.
Amended by 2015 Tenn. Acts, ch. 516, s 4, eff. 7/1/2015.
Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, § 17; 2012 , ch. 727, § 62.
Tenn. Code Ann. § 40-28-304 — TN Code / Title 40 / Chapter 28 / Section 40-28-304
Conditions of community supervision
Status: in_force

For individuals placed on supervised probation, the judge of the court having jurisdiction over the case shall determine the conditions of community supervision, which shall include as a condition that the department supervising the individual may, in accordance with § 40-28-305 , impose graduated sanctions adopted by the department for violations of the conditions of community supervision. Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
For individuals placed on supervised probation, the judge of the court having jurisdiction over the case shall determine the conditions of community supervision, which shall include as a condition that the department supervising the individual may, in accordance with § 40-28-305 , impose graduated sanctions adopted by the department for violations of the conditions of community supervision.
Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
Tenn. Code Ann. § 40-12-209 — TN Code / Title 40 / Chapter 12 / Section 40-12-209
Confidentiality of proceedings and documents
Status: in_force

(a) (1) No person who by virtue of the person's official position has knowledge of the filing of an application for consent, the action of the committee on the application, the filing of a petition to convene an investigative grand jury, or any action on the petition, shall disclose that knowledge except in accordance with this section. (2) All written records of applications, committee action, petitions and orders are declared to be confidential and subject to disclosure only in accordance with this section. (3) A grand juror, an interpreter, a stenographer, a typist who transcribes recorded testimony, a district attorney general or any person to whom disclosure is made pursuant to this section, § 40-12-210 or § 40-12-212 shall not disclose matters occurring before the grand jury except in accordance with those sections. No obligation of secrecy may be imposed on any person except in accordance with this section. (b) Disclosure otherwise prohibited by this part of documents and proceedings before a grand jury convened under this part may be made to: (1) The district attorney general for use in the performance of the district attorney general's duty; and (2) Government personnel, including personnel of the federal government or a subdivision of the state, as those personnel are deemed necessary by the district attorney general to assist the district attorney general in the performance of the district attorney general's duties. (c) (1) Any person to whom documents and proceedings before a grand jury convened under this part are disclosed under subdivision (b)(2) shall not utilize those documents or proceedings for any purpose other than assisting the district attorney general in the performance of the district attorney general's duties. (2) The district attorney general shall promptly notify the judge convening the grand jury pursuant to this part of the names of all persons to whom disclosure of grand jury documents or proceedings is made and shall certify that the district attorney general has advised the person of the person's obligation of secrecy under this part. Acts 1990, ch. 1051, § 1.
(a) (1) No person who by virtue of the person's official position has knowledge of the filing of an application for consent, the action of the committee on the application, the filing of a petition to convene an investigative grand jury, or any action on the petition, shall disclose that knowledge except in accordance with this section. (2) All written records of applications, committee action, petitions and orders are declared to be confidential and subject to disclosure only in accordance with this section. (3) A grand juror, an interpreter, a stenographer, a typist who transcribes recorded testimony, a district attorney general or any person to whom disclosure is made pursuant to this section, § 40-12-210 or § 40-12-212 shall not disclose matters occurring before the grand jury except in accordance with those sections. No obligation of secrecy may be imposed on any person except in accordance with this section.
(1) No person who by virtue of the person's official position has knowledge of the filing of an application for consent, the action of the committee on the application, the filing of a petition to convene an investigative grand jury, or any action on the petition, shall disclose that knowledge except in accordance with this section.
(2) All written records of applications, committee action, petitions and orders are declared to be confidential and subject to disclosure only in accordance with this section.
(3) A grand juror, an interpreter, a stenographer, a typist who transcribes recorded testimony, a district attorney general or any person to whom disclosure is made pursuant to this section, § 40-12-210 or § 40-12-212 shall not disclose matters occurring before the grand jury except in accordance with those sections. No obligation of secrecy may be imposed on any person except in accordance with this section.
(b) Disclosure otherwise prohibited by this part of documents and proceedings before a grand jury convened under this part may be made to: (1) The district attorney general for use in the performance of the district attorney general's duty; and (2) Government personnel, including personnel of the federal government or a subdivision of the state, as those personnel are deemed necessary by the district attorney general to assist the district attorney general in the performance of the district attorney general's duties.
(1) The district attorney general for use in the performance of the district attorney general's duty; and
(2) Government personnel, including personnel of the federal government or a subdivision of the state, as those personnel are deemed necessary by the district attorney general to assist the district attorney general in the performance of the district attorney general's duties.
(c) (1) Any person to whom documents and proceedings before a grand jury convened under this part are disclosed under subdivision (b)(2) shall not utilize those documents or proceedings for any purpose other than assisting the district attorney general in the performance of the district attorney general's duties. (2) The district attorney general shall promptly notify the judge convening the grand jury pursuant to this part of the names of all persons to whom disclosure of grand jury documents or proceedings is made and shall certify that the district attorney general has advised the person of the person's obligation of secrecy under this part.
(1) Any person to whom documents and proceedings before a grand jury convened under this part are disclosed under subdivision (b)(2) shall not utilize those documents or proceedings for any purpose other than assisting the district attorney general in the performance of the district attorney general's duties.
(2) The district attorney general shall promptly notify the judge convening the grand jury pursuant to this part of the names of all persons to whom disclosure of grand jury documents or proceedings is made and shall certify that the district attorney general has advised the person of the person's obligation of secrecy under this part.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-29-201 — TN Code / Title 40 / Chapter 29 / Section 40-29-201
Application
Status: in_force

(a) The provisions and procedures of this part shall apply to and govern restoration of the right of suffrage in this state to any person who has been disqualified from exercising that right by reason of a conviction in any state or federal court of an infamous crime. (b) This part shall apply to any person convicted of an infamous crime after May 18, 1981. (c) This part shall apply only to restoration of the right of suffrage. For restoration of all other rights of citizenship forfeited as the result of a conviction for an infamous crime, part 1 of this chapter shall apply. Acts 2006, ch. 860, § 1.
(a) The provisions and procedures of this part shall apply to and govern restoration of the right of suffrage in this state to any person who has been disqualified from exercising that right by reason of a conviction in any state or federal court of an infamous crime.
(b) This part shall apply to any person convicted of an infamous crime after May 18, 1981.
(c) This part shall apply only to restoration of the right of suffrage. For restoration of all other rights of citizenship forfeited as the result of a conviction for an infamous crime, part 1 of this chapter shall apply.
Acts 2006, ch. 860, § 1.
Tenn. Code Ann. § 40-25-116 — TN Code / Title 40 / Chapter 25 / Section 40-25-116
Certificate required for payment
Status: in_force

The judge of the general sessions court shall not issue warrants for any accounts for boarding juries until the bill shows on its face that all of the requirements of § 40-25-115 have been satisfied. Acts 1885 (Ex. Sess.), ch. 11, § 2; Shan., § 7608; Code 1932, §12235; T.C.A. (orig. ed.), § 40-3318.
The judge of the general sessions court shall not issue warrants for any accounts for boarding juries until the bill shows on its face that all of the requirements of § 40-25-115 have been satisfied.
Acts 1885 (Ex. Sess.), ch. 11, § 2; Shan., § 7608; Code 1932, §12235; T.C.A. (orig. ed.), § 40-3318.
Tenn. Code Ann. § 40-11-213 — TN Code / Title 40 / Chapter 11 / Section 40-11-213
Delivery of deed to county
Status: in_force

In all cases where the county is entitled to the proceeds of the sale under execution, under sales as provided in §§ 40-11-206 - 40-11-212 after the expiration of the period of redemption provided in § 40-11-215 , the commissioner of finance and administration shall issue a deed for lands purchased under execution to the county so entitled to the deed upon the demand of the county mayor of that county. Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a8; Code 1932, § 11705; impl. am. Acts 1937, ch. 33, § 24; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 40-1313; Acts 2003, ch. 90, § 2.
In all cases where the county is entitled to the proceeds of the sale under execution, under sales as provided in §§ 40-11-206 - 40-11-212 after the expiration of the period of redemption provided in § 40-11-215 , the commissioner of finance and administration shall issue a deed for lands purchased under execution to the county so entitled to the deed upon the demand of the county mayor of that county.
Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a8; Code 1932, § 11705; impl. am. Acts 1937, ch. 33, § 24; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 40-1313; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 40-14-204 — TN Code / Title 40 / Chapter 14 / Section 40-14-204
Proceedings for writs
Status: in_force

In all proceedings for the writ of habeas corpus or the writ of error coram nobis, the court having jurisdiction of those matters shall determine the question of indigency and appoint counsel, if necessary, in the manner set out in this part. Acts 1965, ch. 217, § 6; T.C.A., § 40-2019.
In all proceedings for the writ of habeas corpus or the writ of error coram nobis, the court having jurisdiction of those matters shall determine the question of indigency and appoint counsel, if necessary, in the manner set out in this part.
Acts 1965, ch. 217, § 6; T.C.A., § 40-2019.
Tenn. Code Ann. § 40-25-121 — TN Code / Title 40 / Chapter 25 / Section 40-25-121
Collection and refund of costs for which state not liable
Status: in_force

In the event the court does not hold the state liable for the costs in any cases when finally disposed of, it is the duty of the clerk to include all of the costs previously paid by the state on this account in the clerk's executions and the clerk's bill of costs, and to collect and refund the same to the state, in the same manner as the clerk is required by law to pay over state revenue. Acts 1893, ch. 138, § 4; Shan., § 7626; Code 1932, § 12255; T.C.A. (orig. ed.), § 40-3323.
In the event the court does not hold the state liable for the costs in any cases when finally disposed of, it is the duty of the clerk to include all of the costs previously paid by the state on this account in the clerk's executions and the clerk's bill of costs, and to collect and refund the same to the state, in the same manner as the clerk is required by law to pay over state revenue.
Acts 1893, ch. 138, § 4; Shan., § 7626; Code 1932, § 12255; T.C.A. (orig. ed.), § 40-3323.
Tenn. Code Ann. § 40-28-301 — TN Code / Title 40 / Chapter 28 / Section 40-28-301
Definitions
Status: in_force

As used in this part: (1) "Chief supervision officer" means the correctional administrator for each region of the state or any other person designated by the commissioner; (2) (A) "Community supervision" means: (i) The placement of a defendant on probation by a court for a specified period during which the sentence is suspended in whole or in part; or (ii) The placement by the board of parole of an individual on parole after release from prison or jail, with conditions imposed by the board for a specified period; and (B) "Community supervision" does not mean community supervision for life imposed pursuant to § 39-13-524 ; (3) "Court" means a court of record having original criminal jurisdiction; (4) "Graduated sanction" means any of a wide range of non-prison offender accountability measures and programs, including, but not limited to, electronic supervision tools; drug and alcohol testing or monitoring; day or evening reporting centers; rehabilitative interventions such as substance abuse or mental health treatment; reporting requirements to probation and parole officers; community service or work crews; and residential treatment facilities; (5) "Positive reinforcement" means any of a wide range of rewards and incentives, including, but not limited to, awarding certificates of achievement, reducing reporting requirements, removing supervision conditions such as home detention or curfew, or asking the offender to be a mentor to others; (6) "Probation and parole officer" means a person appointed or employed by the department to supervise individuals placed on community supervision; and (7) "Supervised individual" means an individual placed on probation by a court or serving a period of parole or post-release supervision from prison or jail for a felony offense. Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
As used in this part:
(1) "Chief supervision officer" means the correctional administrator for each region of the state or any other person designated by the commissioner;
(2) (A) "Community supervision" means: (i) The placement of a defendant on probation by a court for a specified period during which the sentence is suspended in whole or in part; or (ii) The placement by the board of parole of an individual on parole after release from prison or jail, with conditions imposed by the board for a specified period; and (B) "Community supervision" does not mean community supervision for life imposed pursuant to § 39-13-524 ;
(A) "Community supervision" means: (i) The placement of a defendant on probation by a court for a specified period during which the sentence is suspended in whole or in part; or (ii) The placement by the board of parole of an individual on parole after release from prison or jail, with conditions imposed by the board for a specified period; and
(i) The placement of a defendant on probation by a court for a specified period during which the sentence is suspended in whole or in part; or
(ii) The placement by the board of parole of an individual on parole after release from prison or jail, with conditions imposed by the board for a specified period; and
(B) "Community supervision" does not mean community supervision for life imposed pursuant to § 39-13-524 ;
(3) "Court" means a court of record having original criminal jurisdiction;
(4) "Graduated sanction" means any of a wide range of non-prison offender accountability measures and programs, including, but not limited to, electronic supervision tools; drug and alcohol testing or monitoring; day or evening reporting centers; rehabilitative interventions such as substance abuse or mental health treatment; reporting requirements to probation and parole officers; community service or work crews; and residential treatment facilities;
(5) "Positive reinforcement" means any of a wide range of rewards and incentives, including, but not limited to, awarding certificates of achievement, reducing reporting requirements, removing supervision conditions such as home detention or curfew, or asking the offender to be a mentor to others;
(6) "Probation and parole officer" means a person appointed or employed by the department to supervise individuals placed on community supervision; and
(7) "Supervised individual" means an individual placed on probation by a court or serving a period of parole or post-release supervision from prison or jail for a felony offense.
Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
Tenn. Code Ann. § 40-14-305 — TN Code / Title 40 / Chapter 14 / Section 40-14-305
Combination of duties
Status: in_force

If any judge and the administrative director find that it is in the public interest that the duties of the court reporter be combined with those of any other employee of the court or of the judge of the court, the administrative director may authorize the combination of duties and fix additional compensation for the performance of the added duties of acting as court reporter. Acts 1965, ch. 221, § 5; T.C.A., § 40-2033; Acts 1993, ch. 66, § 59.
If any judge and the administrative director find that it is in the public interest that the duties of the court reporter be combined with those of any other employee of the court or of the judge of the court, the administrative director may authorize the combination of duties and fix additional compensation for the performance of the added duties of acting as court reporter.
Acts 1965, ch. 221, § 5; T.C.A., § 40-2033; Acts 1993, ch. 66, § 59.
Tenn. Code Ann. § 40-30-116 — TN Code / Title 40 / Chapter 30 / Section 40-30-116
Appeal after final judgment
Status: in_force

The order granting or denying relief under this part shall be deemed a final judgment, and an appeal may be taken to the court of criminal appeals in the manner prescribed by the Tennessee Rules of Appellate Procedure. In capital cases, the appellate court in which the case is pending shall render a decision within nine (9) months of the date of oral argument in the case, if oral argument is conducted. If no oral argument occurs, the court shall render an opinion within nine (9) months after submission of the case to the court for decision. The appellate court shall have thirty (30) days in which to dispose of any petition to rehear which may be filed. If an appellate court finds that it is unable to comply with the deadlines, it shall enter an order setting out the circumstances which render an extension beyond these time limits a necessity. Copies of all the orders shall be sent to the administrative office of the courts. The administrative office of the courts shall report annually to the general assembly on the compliance of the appellate courts with the time limits established in this section. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-216.
The order granting or denying relief under this part shall be deemed a final judgment, and an appeal may be taken to the court of criminal appeals in the manner prescribed by the Tennessee Rules of Appellate Procedure. In capital cases, the appellate court in which the case is pending shall render a decision within nine (9) months of the date of oral argument in the case, if oral argument is conducted. If no oral argument occurs, the court shall render an opinion within nine (9) months after submission of the case to the court for decision. The appellate court shall have thirty (30) days in which to dispose of any petition to rehear which may be filed. If an appellate court finds that it is unable to comply with the deadlines, it shall enter an order setting out the circumstances which render an extension beyond these time limits a necessity. Copies of all the orders shall be sent to the administrative office of the courts. The administrative office of the courts shall report annually to the general assembly on the compliance of the appellate courts with the time limits established in this section.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-216.
Tenn. Code Ann. § 40-17-124 — TN Code / Title 40 / Chapter 17 / Section 40-17-124
Sex offenses where victim is less than thirteen (13)
Status: in_force

(a) Notwithstanding any rule or statute to the contrary, in a criminal case: (1) If the defendant is charged with any sex offense specified in §§ 39-13-502 - 39-13-506; 39-13-511, provided that the offense of public indecency or indecent exposure constitutes a Class A misdemeanor or Class E felony violation; 39-13-513 - 39-13-516; 39-13-522; 39-13-527; 39-13-528; or 39-15-302; or is charged with the offense of attempting, soliciting or conspiring to commit any sex offense; (2) If the victim is less than thirteen (13) years of age; (3) If the defendant possesses a prior conviction for any sex offense described in §§ 39-13-502 - 39-13-506 and 39-13-511; provided, that the offense of public indecency or indecent exposure constitutes a Class A misdemeanor or Class E felony violation, 39-13-513 - 39-13-516; 39-13-522; 39-13-527; 39-13-528; or 39-15-302, or a prior conviction for attempting, soliciting or conspiring to commit any sex offense; and (4) If the victim of the prior offense was also less than thirteen (13) years of age; then evidence of the defendant's prior conviction is admissible and may be considered for its bearing on any matter to which it is relevant, subject to Rule 403 of the Tennessee Rules of Evidence. (b) Notwithstanding any rule or statute to the contrary, in a case in which the state intends to offer evidence under this section, the state shall disclose the evidence to the defendant including a summary of the substance of any testimony that is expected to be offered, at least fifteen (15) days before the scheduled date of trial or at a later time as the court may allow for good cause. (c) Nothing in this section shall be construed to limit the admissibility or consideration of evidence under any other rule or statute. Acts 2004, ch. 817, § 1.
(a) Notwithstanding any rule or statute to the contrary, in a criminal case: (1) If the defendant is charged with any sex offense specified in §§ 39-13-502 - 39-13-506; 39-13-511, provided that the offense of public indecency or indecent exposure constitutes a Class A misdemeanor or Class E felony violation; 39-13-513 - 39-13-516; 39-13-522; 39-13-527; 39-13-528; or 39-15-302; or is charged with the offense of attempting, soliciting or conspiring to commit any sex offense; (2) If the victim is less than thirteen (13) years of age; (3) If the defendant possesses a prior conviction for any sex offense described in §§ 39-13-502 - 39-13-506 and 39-13-511; provided, that the offense of public indecency or indecent exposure constitutes a Class A misdemeanor or Class E felony violation, 39-13-513 - 39-13-516; 39-13-522; 39-13-527; 39-13-528; or 39-15-302, or a prior conviction for attempting, soliciting or conspiring to commit any sex offense; and (4) If the victim of the prior offense was also less than thirteen (13) years of age; then evidence of the defendant's prior conviction is admissible and may be considered for its bearing on any matter to which it is relevant, subject to Rule 403 of the Tennessee Rules of Evidence.
(1) If the defendant is charged with any sex offense specified in §§ 39-13-502 - 39-13-506; 39-13-511, provided that the offense of public indecency or indecent exposure constitutes a Class A misdemeanor or Class E felony violation; 39-13-513 - 39-13-516; 39-13-522; 39-13-527; 39-13-528; or 39-15-302; or is charged with the offense of attempting, soliciting or conspiring to commit any sex offense;
(2) If the victim is less than thirteen (13) years of age;
(3) If the defendant possesses a prior conviction for any sex offense described in §§ 39-13-502 - 39-13-506 and 39-13-511; provided, that the offense of public indecency or indecent exposure constitutes a Class A misdemeanor or Class E felony violation, 39-13-513 - 39-13-516; 39-13-522; 39-13-527; 39-13-528; or 39-15-302, or a prior conviction for attempting, soliciting or conspiring to commit any sex offense; and
(4) If the victim of the prior offense was also less than thirteen (13) years of age; then evidence of the defendant's prior conviction is admissible and may be considered for its bearing on any matter to which it is relevant, subject to Rule 403 of the Tennessee Rules of Evidence.
then evidence of the defendant's prior conviction is admissible and may be considered for its bearing on any matter to which it is relevant, subject to Rule 403 of the Tennessee Rules of Evidence.
(b) Notwithstanding any rule or statute to the contrary, in a case in which the state intends to offer evidence under this section, the state shall disclose the evidence to the defendant including a summary of the substance of any testimony that is expected to be offered, at least fifteen (15) days before the scheduled date of trial or at a later time as the court may allow for good cause.
(c) Nothing in this section shall be construed to limit the admissibility or consideration of evidence under any other rule or statute.
Acts 2004, ch. 817, § 1.
Tenn. Code Ann. § 40-30-202 — TN Code / Title 40 / Chapter 30 / Section 40-30-202
Commission created - Role
Status: in_force

(a) On July 1, 2011, the post-conviction defender oversight commission is created. This part also creates the office of post-conviction defender to provide for the representation of any person convicted and sentenced to death in this state who is unable to secure counsel due to indigence, and that legal proceedings to challenge that conviction and sentence may be commenced in a timely manner and so as to assure the people of this state that the judgments of its courts may be regarded with the finality to which they are entitled in the interests of justice. The operation of the post-conviction defender oversight commission and office of post-conviction defender shall be consistent with professional standards and shall not compromise independent professional judgment or create a professional or institutional conflict of interest, appearance of impropriety, breach of attorney-client confidence or secret or other violation of the Tennessee Rules of Professional Conduct or the Tennessee Code of Judicial Conduct. (b) The post-conviction defender oversight commission shall be strictly administrative in nature and shall oversee budget, staffing and caseload concerns. In order to avoid possible conflicts, relating to cases assigned to the post-conviction defender's office, no member of the commission shall advise, consult or otherwise directly assist the post-conviction defender or the post-conviction defender's staff in providing legal representation in such cases. Acts 1995, ch. 510, § 1; T.C.A. § 40-30-302 ; Acts 2003 , ch. 112, § 2; 2011 , ch. 414, § 5.
(a) On July 1, 2011, the post-conviction defender oversight commission is created. This part also creates the office of post-conviction defender to provide for the representation of any person convicted and sentenced to death in this state who is unable to secure counsel due to indigence, and that legal proceedings to challenge that conviction and sentence may be commenced in a timely manner and so as to assure the people of this state that the judgments of its courts may be regarded with the finality to which they are entitled in the interests of justice. The operation of the post-conviction defender oversight commission and office of post-conviction defender shall be consistent with professional standards and shall not compromise independent professional judgment or create a professional or institutional conflict of interest, appearance of impropriety, breach of attorney-client confidence or secret or other violation of the Tennessee Rules of Professional Conduct or the Tennessee Code of Judicial Conduct.
(b) The post-conviction defender oversight commission shall be strictly administrative in nature and shall oversee budget, staffing and caseload concerns. In order to avoid possible conflicts, relating to cases assigned to the post-conviction defender's office, no member of the commission shall advise, consult or otherwise directly assist the post-conviction defender or the post-conviction defender's staff in providing legal representation in such cases.
Acts 1995, ch. 510, § 1; T.C.A. § 40-30-302 ; Acts 2003 , ch. 112, § 2; 2011 , ch. 414, § 5.
Tenn. Code Ann. § 40-35-306 — TN Code / Title 40 / Chapter 35 / Section 40-35-306
Split confinement - Probation following partial service of sentence
Status: in_force

(a) A defendant receiving probation may be required to serve a portion of the sentence in continuous confinement for up to one (1) year in the local jail or workhouse, with probation for a period of time up to and including the statutory maximum time for the class of the conviction offense. (b) A violation of the terms of probation or of the rules of the institution where the defendant is confined shall authorize the court to revoke the sentence of split confinement and impose a sentence in a local jail or workhouse or, unless prohibited by § 40-35-104(b) , in the department of correction. The imposed sentence shall not exceed the remainder of the full sentence. (c) At any time during the period of continuous confinement ordered pursuant to this section, the defendant may apply to the sentencing court to have the balance of the sentence served on probation supervision. 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 portion of the sentence in continuous confinement for up to one (1) year in the local jail or workhouse, with probation for a period of time up to and including the statutory maximum time for the class of the conviction offense.
(b) A violation of the terms of probation or of the rules of the institution where the defendant is confined shall authorize the court to revoke the sentence of split confinement and impose a sentence in a local jail or workhouse or, unless prohibited by § 40-35-104(b) , in the department of correction. The imposed sentence shall not exceed the remainder of the full sentence.
(c) At any time during the period of continuous confinement ordered pursuant to this section, the defendant may apply to the sentencing court to have the balance of the sentence served on probation supervision. The application may be made at no less than two-month intervals.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-17-111 — TN Code / Title 40 / Chapter 17 / Section 40-17-111
Forfeiture of recognizance on default
Status: in_force

The undertaking or recognizance of witnesses is forfeited and enforced like the undertaking and recognizance of bail as provided in §§ 29-32-107 - 29-32-109, 40-11-201, and 40-11-202. Code 1858, § 5387; Shan., § 7365; Code 1932, § 11972; T.C.A. (orig. ed.), § 40-2420.
The undertaking or recognizance of witnesses is forfeited and enforced like the undertaking and recognizance of bail as provided in §§ 29-32-107 - 29-32-109, 40-11-201, and 40-11-202.
Code 1858, § 5387; Shan., § 7365; Code 1932, § 11972; T.C.A. (orig. ed.), § 40-2420.
Tenn. Code Ann. § 40-9-112 — TN Code / Title 40 / Chapter 9 / Section 40-9-112
Allegations required in demand for extradition
Status: in_force

A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that: (1) Except in cases arising under § 40-9-113 , the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state; (2) The accused is now in this state; and (3) The accused is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that the accused has been convicted of a crime in that state and has escaped from confinement or broken parole. Acts 1951, ch. 240, § 5 (Williams, § 11935.5); T.C.A. (orig. ed.), § 40-1012.
A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that:
(1) Except in cases arising under § 40-9-113 , the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from the state;
(2) The accused is now in this state; and
(3) The accused is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that the accused has been convicted of a crime in that state and has escaped from confinement or broken parole.
Acts 1951, ch. 240, § 5 (Williams, § 11935.5); T.C.A. (orig. ed.), § 40-1012.
Tenn. Code Ann. § 40-13-201 — TN Code / Title 40 / Chapter 13 / Section 40-13-201
Form generally
Status: in_force

An indictment must contain in the caption or body of the indictment, the name of the state, county and court; the term in and at which the indictment is preferred; and must conclude "against the peace and dignity of the state of Tennessee." Code 1932, § 11623; T.C.A. (orig. ed.), § 40-1801.
An indictment must contain in the caption or body of the indictment, the name of the state, county and court; the term in and at which the indictment is preferred; and must conclude "against the peace and dignity of the state of Tennessee."
Code 1932, § 11623; T.C.A. (orig. ed.), § 40-1801.
Tenn. Code Ann. § 40-23-114 — TN Code / Title 40 / Chapter 23 / Section 40-23-114
Death by lethal injection - Election of electrocution - Electrocution as alternative method
Status: in_force

(a) For any person who commits an offense for which the person is sentenced to the punishment of death, the method for carrying out this sentence shall be by lethal injection. (b) Any person who commits an offense prior to January 1, 1999, for which the person is sentenced to the punishment of death may elect to be executed by electrocution by signing a written waiver waiving the right to be executed by lethal injection. (c) The department of correction is authorized to promulgate necessary rules and regulations to facilitate the implementation of this section. (d) If lethal injection or electrocution is held to be unconstitutional by the Tennessee supreme court under the Constitution of Tennessee, or held to be unconstitutional by the United States supreme court under the United States Constitution, or if the United States supreme court declines to review any judgment holding lethal injection or electrocution to be unconstitutional under the United States Constitution made by the Tennessee supreme court or the United States court of appeals that has jurisdiction over Tennessee, or if the Tennessee supreme court declines to review any judgment by the Tennessee court of criminal appeals holding lethal injection or electrocution to be unconstitutional under the United States or Tennessee constitutions, all persons sentenced to death for a capital crime shall be executed by any constitutional method of execution. No sentence of death shall be reduced as a result of a determination that a method of execution is declared unconstitutional under the Constitution of Tennessee or the Constitution of the United States. In any case in which an execution method is declared unconstitutional, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method of execution. (e) For any person who commits an offense or has committed an offense for which the person is sentenced to the punishment of death, the method of carrying out the sentence shall be by lethal injection unless subdivision (e)(1) or (e)(2) is applicable. If subdivision (e)(1) or (e)(2) is applicable, the method of carrying out the sentence shall be by electrocution. The alternative method of execution shall be used if: (1) Lethal injection is held to be unconstitutional by a court of competent jurisdiction in the manner described in subsection (d); or (2) The commissioner of correction certifies to the governor that the department is unable to carry out a sentence of death by lethal injection despite making reasonable efforts to do so. (f) If the person has been sentenced to the punishment of death and the jury has determined that the sentence must be expediated, then the sentence must be carried out within thirty (30) business days of the conclusion of any appeal and the exhaustion of all available methods of post-conviction relief. Amended by 2023 Tenn. Acts, ch. 375, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 375, s 2, eff. 7/1/2023. Amended by 2014 Tenn. Acts, ch. 1014,s 1, eff. 7/1/2014. Acts 1913 (1st Ex. Sess.), ch. 36, § 1; Shan., §§ 7204, 7204a1; mod. Code 1932, § 11790; T.C.A. (orig. ed.), § 40-3117; Acts 1998, ch. 982, §§ 1 - 5; 2000, ch. 614, §§ 1 - 5.
(a) For any person who commits an offense for which the person is sentenced to the punishment of death, the method for carrying out this sentence shall be by lethal injection.
(b) Any person who commits an offense prior to January 1, 1999, for which the person is sentenced to the punishment of death may elect to be executed by electrocution by signing a written waiver waiving the right to be executed by lethal injection.
(c) The department of correction is authorized to promulgate necessary rules and regulations to facilitate the implementation of this section.
(d) If lethal injection or electrocution is held to be unconstitutional by the Tennessee supreme court under the Constitution of Tennessee, or held to be unconstitutional by the United States supreme court under the United States Constitution, or if the United States supreme court declines to review any judgment holding lethal injection or electrocution to be unconstitutional under the United States Constitution made by the Tennessee supreme court or the United States court of appeals that has jurisdiction over Tennessee, or if the Tennessee supreme court declines to review any judgment by the Tennessee court of criminal appeals holding lethal injection or electrocution to be unconstitutional under the United States or Tennessee constitutions, all persons sentenced to death for a capital crime shall be executed by any constitutional method of execution. No sentence of death shall be reduced as a result of a determination that a method of execution is declared unconstitutional under the Constitution of Tennessee or the Constitution of the United States. In any case in which an execution method is declared unconstitutional, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method of execution.
(e) For any person who commits an offense or has committed an offense for which the person is sentenced to the punishment of death, the method of carrying out the sentence shall be by lethal injection unless subdivision (e)(1) or (e)(2) is applicable. If subdivision (e)(1) or (e)(2) is applicable, the method of carrying out the sentence shall be by electrocution. The alternative method of execution shall be used if: (1) Lethal injection is held to be unconstitutional by a court of competent jurisdiction in the manner described in subsection (d); or (2) The commissioner of correction certifies to the governor that the department is unable to carry out a sentence of death by lethal injection despite making reasonable efforts to do so.
(1) Lethal injection is held to be unconstitutional by a court of competent jurisdiction in the manner described in subsection (d); or
(2) The commissioner of correction certifies to the governor that the department is unable to carry out a sentence of death by lethal injection despite making reasonable efforts to do so.
(f) If the person has been sentenced to the punishment of death and the jury has determined that the sentence must be expediated, then the sentence must be carried out within thirty (30) business days of the conclusion of any appeal and the exhaustion of all available methods of post-conviction relief.
Amended by 2023 Tenn. Acts, ch. 375, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 375, s 2, eff. 7/1/2023.
Amended by 2014 Tenn. Acts, ch. 1014,s 1, eff. 7/1/2014.
Acts 1913 (1st Ex. Sess.), ch. 36, § 1; Shan., §§ 7204, 7204a1; mod. Code 1932, § 11790; T.C.A. (orig. ed.), § 40-3117; Acts 1998, ch. 982, §§ 1 - 5; 2000, ch. 614, §§ 1 - 5.
Tenn. Code Ann. § 40-13-216 — TN Code / Title 40 / Chapter 13 / Section 40-13-216
Alleging conspiracy
Status: in_force

Indictments for conspiracy framed under any of the provisions of title 39, chapter 12, part 1 shall not be held insufficient by reason of the general nature of the charges preferred or for embracing more than one (1) of the offenses in the same indictment. Acts 1897, ch. 52, § 2; Shan., § 6696a5; mod. Code 1932, § 11071; T.C.A. (orig. ed.), § 40-1818; Acts 1996, ch. 675, § 26.
Indictments for conspiracy framed under any of the provisions of title 39, chapter 12, part 1 shall not be held insufficient by reason of the general nature of the charges preferred or for embracing more than one (1) of the offenses in the same indictment.
Acts 1897, ch. 52, § 2; Shan., § 6696a5; mod. Code 1932, § 11071; T.C.A. (orig. ed.), § 40-1818; Acts 1996, ch. 675, § 26.
Tenn. Code Ann. § 40-13-302 — TN Code / Title 40 / Chapter 13 / Section 40-13-302
Bail
Status: in_force

(a) Upon arrest made on a capias, if the offense is bailable, bail may be taken in the manner prescribed in chapter 11, part 1 of this title. (b) After a defendant is committed to jail under a capias, if the offense is bailable, the defendant may be discharged upon giving bail as prescribed by chapter 11, part 1 of this title. Code 1858, §§ 5105, 5106 (deriv. Acts 1805, ch. 37); Shan., §§ 7068, 7069; Code 1932, §§ 11612, 11613; T.C.A. (orig. ed.), §§ 40-1905, 40-1906.
(a) Upon arrest made on a capias, if the offense is bailable, bail may be taken in the manner prescribed in chapter 11, part 1 of this title.
(b) After a defendant is committed to jail under a capias, if the offense is bailable, the defendant may be discharged upon giving bail as prescribed by chapter 11, part 1 of this title.
Code 1858, §§ 5105, 5106 (deriv. Acts 1805, ch. 37); Shan., §§ 7068, 7069; Code 1932, §§ 11612, 11613; T.C.A. (orig. ed.), §§ 40-1905, 40-1906.
Tenn. Code Ann. § 40-39-215 — TN Code / Title 40 / Chapter 39 / Section 40-39-215
Offenses - Sexual offenders, violent sexual offenders, or violent juvenile sexual offenders - Defense
Status: in_force

(a) (1) While mandated to comply with the requirements of this chapter, it is an offense for a sexual offender, violent sexual offender or a violent juvenile sexual offender, as those terms are defined in § 40-39-202 , whose victim was a minor, to knowingly: (A) Pretend to be, dress as, impersonate or otherwise assume the identity of a real or fictional person or character or a member of a profession, vocation or occupation while in the presence of a minor or with the intent to attract or entice a minor to be in the presence of the offender; (B) Engage in employment, a profession, occupation or vocation, regardless of whether compensation is received, that the offender knows or should know will cause the offender to be in direct and unsupervised contact with a minor; or (C) Operate, whether authorized to do so or not, any vehicle or specific type of vehicle, including, but not limited to, an ice cream truck or emergency vehicle, for the purpose of attracting or enticing a minor to be in the presence of the offender. (2) It is a defense to a violation of this subsection (a) that the offender was the parent of the minor in the offender's presence. (b) While mandated to comply with the requirements of this chapter, it is an offense for a sexual offender, violent sexual offender, or a violent juvenile sexual offender, if the offender's victim was a minor, to knowingly rent or offer for rent a swimming pool, hot tub, or other body of water to be used for swimming that is located on property owned or leased by the offender or is otherwise under the control of the offender. (c) A violation of this section is a Class A misdemeanor. Amended by 2022 Tenn. Acts, ch. 1058, s 2, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1058, s 1, eff. 7/1/2022. Acts 2008 , ch. 1164, § 13; 2011 , ch. 483, § 23.
(a) (1) While mandated to comply with the requirements of this chapter, it is an offense for a sexual offender, violent sexual offender or a violent juvenile sexual offender, as those terms are defined in § 40-39-202 , whose victim was a minor, to knowingly: (A) Pretend to be, dress as, impersonate or otherwise assume the identity of a real or fictional person or character or a member of a profession, vocation or occupation while in the presence of a minor or with the intent to attract or entice a minor to be in the presence of the offender; (B) Engage in employment, a profession, occupation or vocation, regardless of whether compensation is received, that the offender knows or should know will cause the offender to be in direct and unsupervised contact with a minor; or (C) Operate, whether authorized to do so or not, any vehicle or specific type of vehicle, including, but not limited to, an ice cream truck or emergency vehicle, for the purpose of attracting or enticing a minor to be in the presence of the offender. (2) It is a defense to a violation of this subsection (a) that the offender was the parent of the minor in the offender's presence.
(1) While mandated to comply with the requirements of this chapter, it is an offense for a sexual offender, violent sexual offender or a violent juvenile sexual offender, as those terms are defined in § 40-39-202 , whose victim was a minor, to knowingly: (A) Pretend to be, dress as, impersonate or otherwise assume the identity of a real or fictional person or character or a member of a profession, vocation or occupation while in the presence of a minor or with the intent to attract or entice a minor to be in the presence of the offender; (B) Engage in employment, a profession, occupation or vocation, regardless of whether compensation is received, that the offender knows or should know will cause the offender to be in direct and unsupervised contact with a minor; or (C) Operate, whether authorized to do so or not, any vehicle or specific type of vehicle, including, but not limited to, an ice cream truck or emergency vehicle, for the purpose of attracting or enticing a minor to be in the presence of the offender.
(A) Pretend to be, dress as, impersonate or otherwise assume the identity of a real or fictional person or character or a member of a profession, vocation or occupation while in the presence of a minor or with the intent to attract or entice a minor to be in the presence of the offender;
(B) Engage in employment, a profession, occupation or vocation, regardless of whether compensation is received, that the offender knows or should know will cause the offender to be in direct and unsupervised contact with a minor; or
(C) Operate, whether authorized to do so or not, any vehicle or specific type of vehicle, including, but not limited to, an ice cream truck or emergency vehicle, for the purpose of attracting or enticing a minor to be in the presence of the offender.
(2) It is a defense to a violation of this subsection (a) that the offender was the parent of the minor in the offender's presence.
(b) While mandated to comply with the requirements of this chapter, it is an offense for a sexual offender, violent sexual offender, or a violent juvenile sexual offender, if the offender's victim was a minor, to knowingly rent or offer for rent a swimming pool, hot tub, or other body of water to be used for swimming that is located on property owned or leased by the offender or is otherwise under the control of the offender.
(c) A violation of this section is a Class A misdemeanor.
Amended by 2022 Tenn. Acts, ch. 1058, s 2, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1058, s 1, eff. 7/1/2022.
Acts 2008 , ch. 1164, § 13; 2011 , ch. 483, § 23.
Tenn. Code Ann. § 40-22-111 — TN Code / Title 40 / Chapter 22 / Section 40-22-111
Notice of grant of parole
Status: in_force

In case the board of parole grants the prisoner a parole, as provided in §§ 40-22-109 and 40-22-110 , it shall at once communicate with and transmit to the judge of the court where the case against the prisoner is pending its action and the reasons for granting the prisoner a parole. Acts 1915, ch. 135, § 3; Shan., § 7230a11; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11831; Acts 1979, ch. 359, § 33; T.C.A. (orig. ed.), § 40-3011; Acts 1998, ch. 1049, § 20.
In case the board of parole grants the prisoner a parole, as provided in §§ 40-22-109 and 40-22-110 , it shall at once communicate with and transmit to the judge of the court where the case against the prisoner is pending its action and the reasons for granting the prisoner a parole.
Acts 1915, ch. 135, § 3; Shan., § 7230a11; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11831; Acts 1979, ch. 359, § 33; T.C.A. (orig. ed.), § 40-3011; Acts 1998, ch. 1049, § 20.
Tenn. Code Ann. § 40-39-217 — TN Code / Title 40 / Chapter 39 / Section 40-39-217
Community notification system
Status: in_force

(a) (1) Any county, metropolitan form of government or municipality may, by a two-thirds (2/3) vote of the legislative body, choose to establish a community notification system whereby certain residences, schools and child-care facilities within the county, metropolitan form of government or municipality are notified when a person required to register pursuant to this part as a sexual offender or violent sexual offender resides, intends to reside, or, upon registration, declares to reside within a certain distance of such residences, schools and child-care facilities. (2) The legislative body of any county, metropolitan form of government or municipality that enacts a community notification system pursuant to this subsection (a) may, at the same time as the system is established, enact a notification fee of not more than fifty dollars ($50.00) per year from each offender in the county, metropolitan form of government or municipality for the purpose of defraying the costs of the community notification. The notification fee shall be collected at the same time as the one-hundred-fifty-dollar administrative fee collected pursuant to § 40-39-204(b) . (b) Forms of notification a county, metropolitan form of government or municipality may elect to establish include: (1) Notification by the sheriff's office or police department to residents, schools and child-care facilities located within a specified number of feet from the offender's residence; (2) A community notification flyer, whether made by regular mail or hand delivered, to all legal residences within the specified area; (3) Posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the offender; (4) Publicizing the notice in a local newspaper, or posting electronically, including the internet; (5) Notifying homeowners associations within the immediate area of the declared residence of the offender; or (6) Any other method reasonably expected to provide notification. (c) Nothing in this section shall be construed as prohibiting the Tennessee bureau of investigation, a sheriff, or a chief of police from providing community notification under this section electronically or by publication or periodically to persons whose legal residence is more than the applicable distance from the residence of an offender. Added by 2014 Tenn. Acts, ch. 751,s 1, eff. 4/22/2014.
(a) (1) Any county, metropolitan form of government or municipality may, by a two-thirds (2/3) vote of the legislative body, choose to establish a community notification system whereby certain residences, schools and child-care facilities within the county, metropolitan form of government or municipality are notified when a person required to register pursuant to this part as a sexual offender or violent sexual offender resides, intends to reside, or, upon registration, declares to reside within a certain distance of such residences, schools and child-care facilities. (2) The legislative body of any county, metropolitan form of government or municipality that enacts a community notification system pursuant to this subsection (a) may, at the same time as the system is established, enact a notification fee of not more than fifty dollars ($50.00) per year from each offender in the county, metropolitan form of government or municipality for the purpose of defraying the costs of the community notification. The notification fee shall be collected at the same time as the one-hundred-fifty-dollar administrative fee collected pursuant to § 40-39-204(b) .
(1) Any county, metropolitan form of government or municipality may, by a two-thirds (2/3) vote of the legislative body, choose to establish a community notification system whereby certain residences, schools and child-care facilities within the county, metropolitan form of government or municipality are notified when a person required to register pursuant to this part as a sexual offender or violent sexual offender resides, intends to reside, or, upon registration, declares to reside within a certain distance of such residences, schools and child-care facilities.
(2) The legislative body of any county, metropolitan form of government or municipality that enacts a community notification system pursuant to this subsection (a) may, at the same time as the system is established, enact a notification fee of not more than fifty dollars ($50.00) per year from each offender in the county, metropolitan form of government or municipality for the purpose of defraying the costs of the community notification. The notification fee shall be collected at the same time as the one-hundred-fifty-dollar administrative fee collected pursuant to § 40-39-204(b) .
(b) Forms of notification a county, metropolitan form of government or municipality may elect to establish include: (1) Notification by the sheriff's office or police department to residents, schools and child-care facilities located within a specified number of feet from the offender's residence; (2) A community notification flyer, whether made by regular mail or hand delivered, to all legal residences within the specified area; (3) Posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the offender; (4) Publicizing the notice in a local newspaper, or posting electronically, including the internet; (5) Notifying homeowners associations within the immediate area of the declared residence of the offender; or (6) Any other method reasonably expected to provide notification.
(1) Notification by the sheriff's office or police department to residents, schools and child-care facilities located within a specified number of feet from the offender's residence;
(2) A community notification flyer, whether made by regular mail or hand delivered, to all legal residences within the specified area;
(3) Posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the offender;
(4) Publicizing the notice in a local newspaper, or posting electronically, including the internet;
(5) Notifying homeowners associations within the immediate area of the declared residence of the offender; or
(6) Any other method reasonably expected to provide notification.
(c) Nothing in this section shall be construed as prohibiting the Tennessee bureau of investigation, a sheriff, or a chief of police from providing community notification under this section electronically or by publication or periodically to persons whose legal residence is more than the applicable distance from the residence of an offender.
Added by 2014 Tenn. Acts, ch. 751,s 1, eff. 4/22/2014.
Tenn. Code Ann. § 40-27-104 — TN Code / Title 40 / Chapter 27 / Section 40-27-104
Remission of imprisonment
Status: in_force

The governor has the discretion to remit a portion of the imprisonment of a convict in the penitentiary upon the written recommendation of the board of parole. Code 1858, § 5254; impl. am. Acts 1899, ch. 10, § 1; impl. am. Acts 1915, ch. 20, § 7; Shan., § 7229; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11820; impl. am. Acts 1937, ch. 276, § 2; C. Supp. 1950, § 11820; impl. am. Acts 1961, ch. 93, § 1; impl. am. Acts 1972, ch. 576, § 17; impl. am. Acts 1972, ch. 636, § 1; T.C.A. (orig. ed.), § 40-3504; Acts 1998, ch. 1049, § 22.
The governor has the discretion to remit a portion of the imprisonment of a convict in the penitentiary upon the written recommendation of the board of parole.
Code 1858, § 5254; impl. am. Acts 1899, ch. 10, § 1; impl. am. Acts 1915, ch. 20, § 7; Shan., § 7229; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11820; impl. am. Acts 1937, ch. 276, § 2; C. Supp. 1950, § 11820; impl. am. Acts 1961, ch. 93, § 1; impl. am. Acts 1972, ch. 576, § 17; impl. am. Acts 1972, ch. 636, § 1; T.C.A. (orig. ed.), § 40-3504; Acts 1998, ch. 1049, § 22.
Tenn. Code Ann. § 40-20-204 — TN Code / Title 40 / Chapter 20 / Section 40-20-204
Classification of offender - Board approval
Status: in_force

No offender shall be placed in a special alternative incarceration unit unless and until the offender has been classified by the department as a suitable candidate for an alternative treatment program in accordance with departmental policies and guidelines. Acts 1989, ch. 217, § 5; 1990, ch. 720, § 1.
No offender shall be placed in a special alternative incarceration unit unless and until the offender has been classified by the department as a suitable candidate for an alternative treatment program in accordance with departmental policies and guidelines.
Acts 1989, ch. 217, § 5; 1990, ch. 720, § 1.
Tenn. Code Ann. § 40-17-203 — TN Code / Title 40 / Chapter 17 / Section 40-17-203
Hearing on summons of witness to testify in another state
Status: in_force

If a judge of a court of record in any state, which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under the seal of the court that there is a criminal prosecution pending in the court, or that a grand jury investigation has commenced or is about to commence, and that a person being within this state is a material witness in the prosecution or grand jury investigation, and that the witness's presence will be required for a specified number of days, upon presentation of the certificate to any judge of a court of record in the county in which the person is found, the judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing. Acts 1939, ch. 148, § 3; C. Supp. 1950, § 11979.3; T.C.A. (orig. ed.), § 40-2431.
If a judge of a court of record in any state, which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under the seal of the court that there is a criminal prosecution pending in the court, or that a grand jury investigation has commenced or is about to commence, and that a person being within this state is a material witness in the prosecution or grand jury investigation, and that the witness's presence will be required for a specified number of days, upon presentation of the certificate to any judge of a court of record in the county in which the person is found, the judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.
Acts 1939, ch. 148, § 3; C. Supp. 1950, § 11979.3; T.C.A. (orig. ed.), § 40-2431.
Tenn. Code Ann. § 40-11-133 — TN Code / Title 40 / Chapter 11 / Section 40-11-133
Arrest of defendant by bail bondsman or other authorized person
Status: in_force

(a) For the purposes of §§ 40-11-132 , 40-11-203 , and 40-11-204 , the bail bondsman or surety may arrest the defendant on a certified copy of the undertaking, at any place either in or out of the state, or may, by written authority endorsed on the certified copy, authorize another person to make the arrest. In the event that circumstances prevent the obtaining of a certified copy of the undertaking or capias from the clerk's office at the time of the arrest or surrender, a duplicate copy of the same shall suffice until such time that a certified copy can be obtained from the clerk's office. (b) After the payment of the forfeiture, the bail bondsman or surety may arrest the defendant on a certified copy of the capias, or may, by a written authority endorsed on the certified copy, authorize another person to make the arrest. (c) Any capias issued pursuant to a forfeit, whether the forfeit is conditional or final, shall remain in full force and effect until the defendant is apprehended and returned to the criminal justice system, and a disposition is entered in the defendant's case. (d) Any approved bail bondsman in good standing is authorized to return the defendant to the jurisdiction for which the bail bond is obligated for the defendant's appearance; provided, the bail bondsman is liable for the expenses of returning the defendant and the defendant is located within this state. (e) A professional bondsman or the agent of a professional bondsman who is arresting a defendant pursuant to this section is prohibited from: (1) Making a representation that the professional bondsman or the agent of the professional bondsman is a member of a law enforcement organization; (2) Wearing clothing or a uniform intended to give the impression that the professional bondsman or the professional bondsman's agent is employed by, affiliated with, or acting in the capacity of a law enforcement organization; or (3) Wearing clothing bearing an identifying title other than "Bail Bondsman". Amended by 2021 Tenn. Acts, ch. 520, s 4, eff. 5/25/2021. Acts 1978, ch. 506, § 31; T.C.A., § 40-1233; Acts 1987, ch. 423, § 4; 1991, ch. 347, § 4; 2001, ch. 426, § 1; 2003 , ch. 303, § 1; 2010 , ch. 799, § 1; 2011 , ch. 367, § 2.
(a) For the purposes of §§ 40-11-132 , 40-11-203 , and 40-11-204 , the bail bondsman or surety may arrest the defendant on a certified copy of the undertaking, at any place either in or out of the state, or may, by written authority endorsed on the certified copy, authorize another person to make the arrest. In the event that circumstances prevent the obtaining of a certified copy of the undertaking or capias from the clerk's office at the time of the arrest or surrender, a duplicate copy of the same shall suffice until such time that a certified copy can be obtained from the clerk's office.
(b) After the payment of the forfeiture, the bail bondsman or surety may arrest the defendant on a certified copy of the capias, or may, by a written authority endorsed on the certified copy, authorize another person to make the arrest.
(c) Any capias issued pursuant to a forfeit, whether the forfeit is conditional or final, shall remain in full force and effect until the defendant is apprehended and returned to the criminal justice system, and a disposition is entered in the defendant's case.
(d) Any approved bail bondsman in good standing is authorized to return the defendant to the jurisdiction for which the bail bond is obligated for the defendant's appearance; provided, the bail bondsman is liable for the expenses of returning the defendant and the defendant is located within this state.
(e) A professional bondsman or the agent of a professional bondsman who is arresting a defendant pursuant to this section is prohibited from: (1) Making a representation that the professional bondsman or the agent of the professional bondsman is a member of a law enforcement organization; (2) Wearing clothing or a uniform intended to give the impression that the professional bondsman or the professional bondsman's agent is employed by, affiliated with, or acting in the capacity of a law enforcement organization; or (3) Wearing clothing bearing an identifying title other than "Bail Bondsman".
(1) Making a representation that the professional bondsman or the agent of the professional bondsman is a member of a law enforcement organization;
(2) Wearing clothing or a uniform intended to give the impression that the professional bondsman or the professional bondsman's agent is employed by, affiliated with, or acting in the capacity of a law enforcement organization; or
(3) Wearing clothing bearing an identifying title other than "Bail Bondsman".
Amended by 2021 Tenn. Acts, ch. 520, s 4, eff. 5/25/2021.
Acts 1978, ch. 506, § 31; T.C.A., § 40-1233; Acts 1987, ch. 423, § 4; 1991, ch. 347, § 4; 2001, ch. 426, § 1; 2003 , ch. 303, § 1; 2010 , ch. 799, § 1; 2011 , ch. 367, § 2.
Tenn. Code Ann. § 40-6-213 — TN Code / Title 40 / Chapter 6 / Section 40-6-213
Execution anywhere in state
Status: in_force

The magistrate issuing the warrant may empower any law enforcement officer to execute the warrant anywhere in the state. Code 1858, § 5030; Shan., § 6990; Code 1932, § 11529; T.C.A. (orig. ed.), § 40-714; Acts 1993, ch. 241, § 66.
The magistrate issuing the warrant may empower any law enforcement officer to execute the warrant anywhere in the state.
Code 1858, § 5030; Shan., § 6990; Code 1932, § 11529; T.C.A. (orig. ed.), § 40-714; Acts 1993, ch. 241, § 66.
Tenn. Code Ann. § 40-7-114 — TN Code / Title 40 / Chapter 7 / Section 40-7-114
Pursuit after escape
Status: in_force

If a person arrested escapes or is rescued, the person from whose custody the arrested person escaped or was rescued may immediately pursue and retake the arrested person at any time and in any place within the state. Code 1858, § 5046; Shan., § 7006; Code 1932, § 11545; T.C.A. (orig. ed.), § 40-822.
If a person arrested escapes or is rescued, the person from whose custody the arrested person escaped or was rescued may immediately pursue and retake the arrested person at any time and in any place within the state.
Code 1858, § 5046; Shan., § 7006; Code 1932, § 11545; T.C.A. (orig. ed.), § 40-822.
Tenn. Code Ann. § 40-30-310 — TN Code / Title 40 / Chapter 30 / Section 40-30-310
Laboratory standards
Status: in_force

If the court orders analysis, it shall select a laboratory that meets the standards adopted pursuant to the DNA Identification Act of 1994 ( 42 U.S.C. § 14131 et seq.). Acts 2001, ch. 444, § 1; T.C.A. § 40-30-410.
If the court orders analysis, it shall select a laboratory that meets the standards adopted pursuant to the DNA Identification Act of 1994 ( 42 U.S.C. § 14131 et seq.).
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-410.
Tenn. Code Ann. § 40-36-102 — TN Code / Title 40 / Chapter 36 / Section 40-36-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Application process and procedures" means the criteria and guidelines developed by the department of correction for the establishment of community corrections plans, the granting of funds for programs authorized by this chapter and the monitoring, evaluation and review of programs funded under this chapter; (2) "Board" means a local community corrections advisory board as established in this chapter; (3) "Commissioner" means the commissioner of correction; (4) "Community" includes the county or counties comprising a judicial district as provided in title 16, chapter 2, part 5; (5) "Community-based alternatives to incarceration" means services and programs provided in local jurisdictions for eligible offenders in lieu of incarceration in state penal institutions or local jails and workhouses. The alternatives include noncustodial community corrections options, short-term community residential treatment options and individualized evaluation and treatment services as provided in § 40-36-302 ; (6) "Community corrections plan" means a document prepared by a local community corrections advisory board, endorsed by the county legislative body and submitted to the department of correction in accordance with the requirements set forth in the application process and procedures, which identifies proposed community based programs to be implemented within the county in accordance with the terms of this chapter and justifies the funding of the programs with regard to local need and community support; (7) "County legislative body" includes the governing legislative body of any county organized under Article XI, § 9 of the Tennessee Constitution and any county commission authorized by private act; (8) "County mayor" includes the chief executive officer of any county organized under Article XI, § 9 of the Tennessee Constitution and any county mayor authorized by private act; (9) "Court" means the trial judge exercising sentencing jurisdiction over an eligible offender under this chapter and includes any successor of the trial judge; (10) "Nonprofit human service agency" means a not-for-profit organization that provides treatment, guidance, training or other rehabilitation services to individuals, families or groups in such areas as health, education, vocational training, special education, social services, psychological counseling and alcohol and drug treatment; (11) "Nonviolent felony offender"/"nonviolent felony offense" means a person committing a felony offense, or a felony offense, that does not involve serious bodily injury, as that term is defined in § 39-11-106 , or death to a victim or bystander, does not involve threats reasonably calculated to produce such results and does not involve sexual contact or sexual penetration as those terms are defined in § 39-13-501 ; (12) "Plan" means the "community corrections plan" defined in subdivision (6); (13) "Recipient" includes any entity receiving, directly or indirectly, any financial aid under this chapter; (14) "Renovation" means the repair, remodeling, alteration or expansion of existing buildings or structures to make them habitable or suitable for program operations and includes the acquisition and installation of necessary initial equipment; and (15) "Violent felony offender"/"violent felony offense" means a person committing a felony offense, or a felony offense, that does involve the criteria mentioned in subdivision (11). Acts 1985 (1st Ex. Sess.), ch. 3, § 5; 1998, ch. 1049, §§ 44 - 47; 2003, ch. 90, § 2; 2012, ch. 727, § 46.
As used in this chapter, unless the context otherwise requires:
(1) "Application process and procedures" means the criteria and guidelines developed by the department of correction for the establishment of community corrections plans, the granting of funds for programs authorized by this chapter and the monitoring, evaluation and review of programs funded under this chapter;
(2) "Board" means a local community corrections advisory board as established in this chapter;
(3) "Commissioner" means the commissioner of correction;
(4) "Community" includes the county or counties comprising a judicial district as provided in title 16, chapter 2, part 5;
(5) "Community-based alternatives to incarceration" means services and programs provided in local jurisdictions for eligible offenders in lieu of incarceration in state penal institutions or local jails and workhouses. The alternatives include noncustodial community corrections options, short-term community residential treatment options and individualized evaluation and treatment services as provided in § 40-36-302 ;
(6) "Community corrections plan" means a document prepared by a local community corrections advisory board, endorsed by the county legislative body and submitted to the department of correction in accordance with the requirements set forth in the application process and procedures, which identifies proposed community based programs to be implemented within the county in accordance with the terms of this chapter and justifies the funding of the programs with regard to local need and community support;
(7) "County legislative body" includes the governing legislative body of any county organized under Article XI, § 9 of the Tennessee Constitution and any county commission authorized by private act;
(8) "County mayor" includes the chief executive officer of any county organized under Article XI, § 9 of the Tennessee Constitution and any county mayor authorized by private act;
(9) "Court" means the trial judge exercising sentencing jurisdiction over an eligible offender under this chapter and includes any successor of the trial judge;
(10) "Nonprofit human service agency" means a not-for-profit organization that provides treatment, guidance, training or other rehabilitation services to individuals, families or groups in such areas as health, education, vocational training, special education, social services, psychological counseling and alcohol and drug treatment;
(11) "Nonviolent felony offender"/"nonviolent felony offense" means a person committing a felony offense, or a felony offense, that does not involve serious bodily injury, as that term is defined in § 39-11-106 , or death to a victim or bystander, does not involve threats reasonably calculated to produce such results and does not involve sexual contact or sexual penetration as those terms are defined in § 39-13-501 ;
(12) "Plan" means the "community corrections plan" defined in subdivision (6);
(13) "Recipient" includes any entity receiving, directly or indirectly, any financial aid under this chapter;
(14) "Renovation" means the repair, remodeling, alteration or expansion of existing buildings or structures to make them habitable or suitable for program operations and includes the acquisition and installation of necessary initial equipment; and
(15) "Violent felony offender"/"violent felony offense" means a person committing a felony offense, or a felony offense, that does involve the criteria mentioned in subdivision (11).
Acts 1985 (1st Ex. Sess.), ch. 3, § 5; 1998, ch. 1049, §§ 44 - 47; 2003, ch. 90, § 2; 2012, ch. 727, § 46.
Tenn. Code Ann. § 40-4-123 — TN Code / Title 40 / Chapter 4 / Section 40-4-123
Distribution of fines, forfeitures and penalties
Status: in_force

In all counties coming within the provisions of §§ 40-4-121 - 40-4-124, the clerk of the general sessions court, on or before the tenth day of each month, shall pay over to the proper official of any municipality located within the county, fifty percent (50%) of all fines, forfeitures or penalties arising out of those cases disposed of in the general sessions courts during the preceding month where the arrests and prosecution of those cases were made by police officers of any municipality located within any county affected by the provisions of §§ 40-4-121 - 40-4-124. The remainder and all other fines shall be paid and accounted for as provided by law. Acts 1970, ch. 464, § 4; T.C.A., § 40-429.
In all counties coming within the provisions of §§ 40-4-121 - 40-4-124, the clerk of the general sessions court, on or before the tenth day of each month, shall pay over to the proper official of any municipality located within the county, fifty percent (50%) of all fines, forfeitures or penalties arising out of those cases disposed of in the general sessions courts during the preceding month where the arrests and prosecution of those cases were made by police officers of any municipality located within any county affected by the provisions of §§ 40-4-121 - 40-4-124. The remainder and all other fines shall be paid and accounted for as provided by law.
Acts 1970, ch. 464, § 4; T.C.A., § 40-429.
Tenn. Code Ann. § 40-20-302 — TN Code / Title 40 / Chapter 20 / Section 40-20-302
Classification of offenders
Status: in_force

No offender shall be placed in a special technical violator unit unless and until the offender has been classified by the department as a suitable candidate for such a program in accordance with departmental policies and guidelines. Acts 1997, ch. 222, § 3.
No offender shall be placed in a special technical violator unit unless and until the offender has been classified by the department as a suitable candidate for such a program in accordance with departmental policies and guidelines.
Acts 1997, ch. 222, § 3.
Tenn. Code Ann. § 40-35-402 — TN Code / Title 40 / Chapter 35 / Section 40-35-402
Appeal of sentence by state - Standard
Status: in_force

(a) The district attorney general in a criminal case may appeal from the length, range or manner of the service of the sentence imposed by the sentencing court. The district attorney general may also appeal the imposition of concurrent sentences. In addition, the district attorney general may also appeal the amount of fines and restitution imposed by the sentencing court. An appeal pursuant to this section shall be taken within the same time and in the same manner as other appeals in criminal cases. The right of the appeal of the state is independent of the defendant's right of appeal. (b) An appeal from a sentence is limited to one (1) or more of the following conditions: (1) The court improperly sentenced the defendant to the wrong sentence range; (2) The court granted all or part of the sentence on probation; (3) The court ordered all or part of the sentences to run concurrently; (4) The court improperly found the defendant to be an especially mitigated offender; (5) The court failed to impose the fines recommended by the jury; (6) The court failed to order the defendant to make reasonable restitution; or (7) The sentence is inconsistent with the purposes or considerations of sentencing set out in §§ 40-35-102 and 40-35-103 . (c) If the sentence is appealed by the state, the appellate court may affirm, vacate, set aside, increase or reduce the sentence imposed or remand the case or direct the entry of an appropriate order. (d) When reviewing sentencing issues raised pursuant to this section, the appellate court shall conduct a de novo review on the record of the issues. The review shall be conducted with a presumption that the determinations made by the court from which the appeal is taken are correct. Acts 1989, ch. 591, § 6; 1998, ch. 796, §§ 1, 2; 2005, ch. 353, § 9.
(a) The district attorney general in a criminal case may appeal from the length, range or manner of the service of the sentence imposed by the sentencing court. The district attorney general may also appeal the imposition of concurrent sentences. In addition, the district attorney general may also appeal the amount of fines and restitution imposed by the sentencing court. An appeal pursuant to this section shall be taken within the same time and in the same manner as other appeals in criminal cases. The right of the appeal of the state is independent of the defendant's right of appeal.
(b) An appeal from a sentence is limited to one (1) or more of the following conditions: (1) The court improperly sentenced the defendant to the wrong sentence range; (2) The court granted all or part of the sentence on probation; (3) The court ordered all or part of the sentences to run concurrently; (4) The court improperly found the defendant to be an especially mitigated offender; (5) The court failed to impose the fines recommended by the jury; (6) The court failed to order the defendant to make reasonable restitution; or (7) The sentence is inconsistent with the purposes or considerations of sentencing set out in §§ 40-35-102 and 40-35-103 .
(1) The court improperly sentenced the defendant to the wrong sentence range;
(2) The court granted all or part of the sentence on probation;
(3) The court ordered all or part of the sentences to run concurrently;
(4) The court improperly found the defendant to be an especially mitigated offender;
(5) The court failed to impose the fines recommended by the jury;
(6) The court failed to order the defendant to make reasonable restitution; or
(7) The sentence is inconsistent with the purposes or considerations of sentencing set out in §§ 40-35-102 and 40-35-103 .
(c) If the sentence is appealed by the state, the appellate court may affirm, vacate, set aside, increase or reduce the sentence imposed or remand the case or direct the entry of an appropriate order.
(d) When reviewing sentencing issues raised pursuant to this section, the appellate court shall conduct a de novo review on the record of the issues. The review shall be conducted with a presumption that the determinations made by the court from which the appeal is taken are correct.
Acts 1989, ch. 591, § 6; 1998, ch. 796, §§ 1, 2; 2005, ch. 353, § 9.
Tenn. Code Ann. § 40-11-202 — TN Code / Title 40 / Chapter 11 / Section 40-11-202
Scire facias
Status: in_force

A scire facias shall issue to notify the defendant and the defendant's sureties to show cause why the judgment shall not be made final. Code 1858, § 5178; Shan., § 7142; Code 1932, § 11689; T.C.A. (orig. ed.), § 40-1302.
A scire facias shall issue to notify the defendant and the defendant's sureties to show cause why the judgment shall not be made final.
Code 1858, § 5178; Shan., § 7142; Code 1932, § 11689; T.C.A. (orig. ed.), § 40-1302.
Tenn. Code Ann. § 40-35-325 — TN Code / Title 40 / Chapter 35 / Section 40-35-325
Enhancement of statutory penalties for illegal aliens - Applicable circumstances - Reporting to the department of safety
Status: in_force

(a) As used in this section: (1) "Deadly weapon" has the same meaning as defined in § 39-11-106 ; (2) "Illegal alien" means a person who is illegally or unlawfully in the United States; (3) "School" means a public or private elementary school, middle school, or high school; and (4) "Violent crime" has the same meaning as defined in § 40-38-111(g) ; provided, that the offense is a felony. (b) Notwithstanding another law to the contrary, and in addition to the enhancement factors prescribed under § 40-35-114 , a court may enhance the statutory penalty up to imprisonment for life without the possibility of parole for a conviction under the following circumstances: (1) The conviction is for the commission of a violent crime and the defendant was an illegal alien at the time the offense was committed; (2) The conviction involves the use or display of a deadly weapon and the defendant was an illegal alien at the time the offense was committed; or (3) The conviction is for the commission of a violent crime committed by an adult and the offense occurred on the property of a school while students or other children were present. (c) An arrest and subsequent conviction to which the enhancement factors would apply under subdivision (b)(1) or (b)(2) must be reported to the department of safety. Added by 2024 Tenn. Acts, ch. 1063,s 1, eff. 7/1/2024.
(a) As used in this section: (1) "Deadly weapon" has the same meaning as defined in § 39-11-106 ; (2) "Illegal alien" means a person who is illegally or unlawfully in the United States; (3) "School" means a public or private elementary school, middle school, or high school; and (4) "Violent crime" has the same meaning as defined in § 40-38-111(g) ; provided, that the offense is a felony.
(1) "Deadly weapon" has the same meaning as defined in § 39-11-106 ;
(2) "Illegal alien" means a person who is illegally or unlawfully in the United States;
(3) "School" means a public or private elementary school, middle school, or high school; and
(4) "Violent crime" has the same meaning as defined in § 40-38-111(g) ; provided, that the offense is a felony.
(b) Notwithstanding another law to the contrary, and in addition to the enhancement factors prescribed under § 40-35-114 , a court may enhance the statutory penalty up to imprisonment for life without the possibility of parole for a conviction under the following circumstances: (1) The conviction is for the commission of a violent crime and the defendant was an illegal alien at the time the offense was committed; (2) The conviction involves the use or display of a deadly weapon and the defendant was an illegal alien at the time the offense was committed; or (3) The conviction is for the commission of a violent crime committed by an adult and the offense occurred on the property of a school while students or other children were present.
(1) The conviction is for the commission of a violent crime and the defendant was an illegal alien at the time the offense was committed;
(2) The conviction involves the use or display of a deadly weapon and the defendant was an illegal alien at the time the offense was committed; or
(3) The conviction is for the commission of a violent crime committed by an adult and the offense occurred on the property of a school while students or other children were present.
(c) An arrest and subsequent conviction to which the enhancement factors would apply under subdivision (b)(1) or (b)(2) must be reported to the department of safety.
Added by 2024 Tenn. Acts, ch. 1063,s 1, eff. 7/1/2024.