Tenn. Code Ann. § 40-33-213 — TN Code / Title 40 / Chapter 33 / Section 40-33-213
Appeals - Venue
Status: in_force

(a) The party aggrieved by the decision of the applicable agency may seek judicial review of the decision by filing a written notice of review. The reviewing court shall use the preponderance of evidence standard in determining whether to sustain or reverse the final order of the applicable agency. The burden of proof on review shall be the same as in the proceedings before the applicable agency. (b) Except as otherwise provided in this section, an appeal under this part shall be conducted in the same manner as is provided in § 4-5-322 , for a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) A notice of review may, at the election of the aggrieved party, be filed in the circuit court or chancery court of Davidson, Washington, Knox, Hamilton, Putnam, Madison, Dyer, Lawrence, or Shelby county; provided, that, the notice of review shall be filed in the county which corresponds with the location of the hearing. (d) The applicable agency shall be represented in the appeal by an attorney who is employed by the applicable agency. (e) If the reviewing court reverses the final order of the applicable agency and orders the return of seized property, the court shall also order the payment of attorney's fees incurred during the administrative proceeding, in the same manner provided and subject to the limits found in § 40-33-217 , and any reasonable attorney's fees incurred during the appeal. Amended by 2018 Tenn. Acts, ch. 772, s 9, eff. 1/1/2019. Acts 1994, ch. 925, § 1.
(a) The party aggrieved by the decision of the applicable agency may seek judicial review of the decision by filing a written notice of review. The reviewing court shall use the preponderance of evidence standard in determining whether to sustain or reverse the final order of the applicable agency. The burden of proof on review shall be the same as in the proceedings before the applicable agency.
(b) Except as otherwise provided in this section, an appeal under this part shall be conducted in the same manner as is provided in § 4-5-322 , for a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) A notice of review may, at the election of the aggrieved party, be filed in the circuit court or chancery court of Davidson, Washington, Knox, Hamilton, Putnam, Madison, Dyer, Lawrence, or Shelby county; provided, that, the notice of review shall be filed in the county which corresponds with the location of the hearing.
(d) The applicable agency shall be represented in the appeal by an attorney who is employed by the applicable agency.
(e) If the reviewing court reverses the final order of the applicable agency and orders the return of seized property, the court shall also order the payment of attorney's fees incurred during the administrative proceeding, in the same manner provided and subject to the limits found in § 40-33-217 , and any reasonable attorney's fees incurred during the appeal.
Amended by 2018 Tenn. Acts, ch. 772, s 9, eff. 1/1/2019.
Acts 1994, ch. 925, § 1.
Tenn. Code Ann. § 40-35-211 — TN Code / Title 40 / Chapter 35 / Section 40-35-211
Court to impose determinate sentences only
Status: in_force

In fixing a sentence for a felony or misdemeanor, the court shall impose a specific sentence length for each offense: (1) Specific sentences for a felony shall be for a term of years or months or life, if the defendant is sentenced to the department of correction; or a specific term of years, months or days if the defendant is sentenced for a felony to any local jail or workhouse. Specific sentences for a misdemeanor are for a specific number of months or days or hours or any combination thereof. There are no indeterminate sentences. Sentences for all felonies and misdemeanors are determinate in nature, and the defendant is responsible for the entire sentence undiminished by sentence credits of any sort, except for credits authorized by § 40-23-101 relative to pretrial jail credit, or §§ 52-5-407 and 33-7-102 relative to mental examinations and treatment, and prisoner sentence reduction credits authorized by § 41-21-236 . (2) If the minimum punishment for any offense is imprisonment in the penitentiary for one (1) year, but in the opinion of the court the offense merits a lesser punishment, the defendant may be sentenced to the local jail or workhouse for any period less than one (1) year, except as otherwise provided. (3) If a defendant is convicted of an offense designated as a felony but the court imposes a sentence of less than one (1) year in the local jail or workhouse, the defendant shall be considered a felon but shall be sentenced as in the case of a misdemeanor, and, therefore, shall be entitled to sentence credits under § 41-2-111 . Upon the defendant becoming eligible for work release, furlough, trusty status or related rehabilitative programs as specified in § 40-35-302(d) , the defendant may be placed in the programs by the sheriff or administrative authority having jurisdiction over the local jail or workhouse. Amended by 2024 Tenn. Acts, ch. 688,s 130, eff. 7/1/2024. Acts 1989, ch. 591, § 6; 2000, ch. 947, § 8J.
In fixing a sentence for a felony or misdemeanor, the court shall impose a specific sentence length for each offense:
(1) Specific sentences for a felony shall be for a term of years or months or life, if the defendant is sentenced to the department of correction; or a specific term of years, months or days if the defendant is sentenced for a felony to any local jail or workhouse. Specific sentences for a misdemeanor are for a specific number of months or days or hours or any combination thereof. There are no indeterminate sentences. Sentences for all felonies and misdemeanors are determinate in nature, and the defendant is responsible for the entire sentence undiminished by sentence credits of any sort, except for credits authorized by § 40-23-101 relative to pretrial jail credit, or §§ 52-5-407 and 33-7-102 relative to mental examinations and treatment, and prisoner sentence reduction credits authorized by § 41-21-236 .
(2) If the minimum punishment for any offense is imprisonment in the penitentiary for one (1) year, but in the opinion of the court the offense merits a lesser punishment, the defendant may be sentenced to the local jail or workhouse for any period less than one (1) year, except as otherwise provided.
(3) If a defendant is convicted of an offense designated as a felony but the court imposes a sentence of less than one (1) year in the local jail or workhouse, the defendant shall be considered a felon but shall be sentenced as in the case of a misdemeanor, and, therefore, shall be entitled to sentence credits under § 41-2-111 . Upon the defendant becoming eligible for work release, furlough, trusty status or related rehabilitative programs as specified in § 40-35-302(d) , the defendant may be placed in the programs by the sheriff or administrative authority having jurisdiction over the local jail or workhouse.
Amended by 2024 Tenn. Acts, ch. 688,s 130, eff. 7/1/2024.
Acts 1989, ch. 591, § 6; 2000, ch. 947, § 8J.
Tenn. Code Ann. § 40-11-103 — TN Code / Title 40 / Chapter 11 / Section 40-11-103
Methods of release
Status: in_force

(a) Sections 40-11-101 - 40-11-144 shall be supplemental to the laws providing for and regulating professional bail bondsmen, who may continue to secure the bail bonds provided for in §§ 40-11-101 - 40-11-144, but only as provided for in § 40-11-122 , and consistently with all other laws and regulations pertaining to those laws. (b) Nothing in §§ 40-11-101 - 40-11-144 shall prevent the release of a person charged with a traffic violation under the terms and conditions of §§ 40-11-145 and 40-11-146 . Acts 1978, ch. 506, § 3; T.C.A., § 40-1203.
(a) Sections 40-11-101 - 40-11-144 shall be supplemental to the laws providing for and regulating professional bail bondsmen, who may continue to secure the bail bonds provided for in §§ 40-11-101 - 40-11-144, but only as provided for in § 40-11-122 , and consistently with all other laws and regulations pertaining to those laws.
(b) Nothing in §§ 40-11-101 - 40-11-144 shall prevent the release of a person charged with a traffic violation under the terms and conditions of §§ 40-11-145 and 40-11-146 .
Acts 1978, ch. 506, § 3; T.C.A., § 40-1203.
Tenn. Code Ann. § 40-11-141 — TN Code / Title 40 / Chapter 11 / Section 40-11-141
Release during trial - Revocation
Status: in_force

(a) A defendant released before trial shall continue on release during trial or release pending trial under the same terms and conditions as were previously imposed, unless the court determines pursuant to § 40-11-137 or § 40-11-144 that other terms and conditions or termination of release are necessary to assure the defendant's presence during trial, or to assure that the defendant's conduct will not obstruct the orderly and expeditious progress of the trial. (b) If after the defendant is released upon personal recognizance, an unsecured personal appearance bond, or any other bond approved by the court, the defendant violates a condition of release, is charged with an offense committed during the defendant's release, or engages in conduct which results in the obstruction of the orderly and expeditious progress of the trial or other proceedings, then the court may revoke and terminate the defendant's bond and order the defendant held without bail pending trial or without release during trial. Acts 1978, ch. 506, § 42; T.C.A., § 40-1241; Acts 2011 , ch. 57, § 1.
(a) A defendant released before trial shall continue on release during trial or release pending trial under the same terms and conditions as were previously imposed, unless the court determines pursuant to § 40-11-137 or § 40-11-144 that other terms and conditions or termination of release are necessary to assure the defendant's presence during trial, or to assure that the defendant's conduct will not obstruct the orderly and expeditious progress of the trial.
(b) If after the defendant is released upon personal recognizance, an unsecured personal appearance bond, or any other bond approved by the court, the defendant violates a condition of release, is charged with an offense committed during the defendant's release, or engages in conduct which results in the obstruction of the orderly and expeditious progress of the trial or other proceedings, then the court may revoke and terminate the defendant's bond and order the defendant held without bail pending trial or without release during trial.
Acts 1978, ch. 506, § 42; T.C.A., § 40-1241; Acts 2011 , ch. 57, § 1.
Tenn. Code Ann. § 40-38-404 — TN Code / Title 40 / Chapter 38 / Section 40-38-404
Funding
Status: in_force

Funding for the academy shall come from grants, donations, gifts and appropriations made for that purpose. Acts 2008, ch. 1077, § 2.
Funding for the academy shall come from grants, donations, gifts and appropriations made for that purpose.
Acts 2008, ch. 1077, § 2.
Tenn. Code Ann. § 40-11-308 — TN Code / Title 40 / Chapter 11 / Section 40-11-308
Guarantees of immunity prohibited
Status: in_force

It is unlawful for any professional bondsman, while acting on the bondsman's own behalf, or while acting for or through any third person or persons, or in concert with them, to solicit, demand, procure, exact, receive or collect any money or other thing of value or any other consideration, promise, favor or return of any character, directly or indirectly, from any person or persons, upon the agreement, promise, offer, representation, pretense or holding out the inducement, that the bondsman can or will: (1) Provide, furnish or guarantee to the person or persons, or to any person, persons or group of persons, immunity or protection from prosecution, arrest, investigation or indictment for any criminal offense or violation of law; or (2) Influence, persuade, "fix," order or direct any public official defined under §§ 38-3-102 and 38-3-103 as a "conservator of the peace," or any member of a grand or petit jury, or district attorney general or prosecuting officer, to provide or furnish any immunity or protection referred to in this section, or to fail, neglect or omit to do or perform any act or official duty whatsoever toward the prosecution, suppression or prevention of criminal offenses or violations of law, and it is also unlawful for any professional bondsman to cause or procure any of these acts or things to be done. Acts 1939, ch. 199, § 8; C. Supp. 1950, § 11715.8; modified; T.C.A. (orig. ed.), § 40-1408.
It is unlawful for any professional bondsman, while acting on the bondsman's own behalf, or while acting for or through any third person or persons, or in concert with them, to solicit, demand, procure, exact, receive or collect any money or other thing of value or any other consideration, promise, favor or return of any character, directly or indirectly, from any person or persons, upon the agreement, promise, offer, representation, pretense or holding out the inducement, that the bondsman can or will:
(1) Provide, furnish or guarantee to the person or persons, or to any person, persons or group of persons, immunity or protection from prosecution, arrest, investigation or indictment for any criminal offense or violation of law; or
(2) Influence, persuade, "fix," order or direct any public official defined under §§ 38-3-102 and 38-3-103 as a "conservator of the peace," or any member of a grand or petit jury, or district attorney general or prosecuting officer, to provide or furnish any immunity or protection referred to in this section, or to fail, neglect or omit to do or perform any act or official duty whatsoever toward the prosecution, suppression or prevention of criminal offenses or violations of law, and it is also unlawful for any professional bondsman to cause or procure any of these acts or things to be done.
Acts 1939, ch. 199, § 8; C. Supp. 1950, § 11715.8; modified; T.C.A. (orig. ed.), § 40-1408.
Tenn. Code Ann. § 40-23-113 — TN Code / Title 40 / Chapter 23 / Section 40-23-113
Report by sheriff to department of correction
Status: in_force

Whenever any person sentenced to the custody of the department of correction has been detained in one (1) or more local jails or workhouses pending arraignment, trial, sentencing or appeal, the sheriff shall prepare and transmit with the defendant at the time of commitment to the department a short report, furnishing the information pertaining to the defendant's behavior while in local custody as may be requested by the department. Notwithstanding any other provision of the law to the contrary, no such person sentenced to the custody of the department shall be committed or conveyed to the department unaccompanied by the completed report required by this section. Code 1858, § 5263 (deriv. Acts 1829, ch. 38, § 1); Shan., § 7238; Code 1932, §11844; T.C.A. (orig. ed.), §40-3116; Acts 1985 (1st Ex. Sess.), ch. 5, § 28.
Whenever any person sentenced to the custody of the department of correction has been detained in one (1) or more local jails or workhouses pending arraignment, trial, sentencing or appeal, the sheriff shall prepare and transmit with the defendant at the time of commitment to the department a short report, furnishing the information pertaining to the defendant's behavior while in local custody as may be requested by the department. Notwithstanding any other provision of the law to the contrary, no such person sentenced to the custody of the department shall be committed or conveyed to the department unaccompanied by the completed report required by this section.
Code 1858, § 5263 (deriv. Acts 1829, ch. 38, § 1); Shan., § 7238; Code 1932, §11844; T.C.A. (orig. ed.), §40-3116; Acts 1985 (1st Ex. Sess.), ch. 5, § 28.
Tenn. Code Ann. § 40-13-221 — TN Code / Title 40 / Chapter 13 / Section 40-13-221
Alleging embezzlement and breach of trust
Status: in_force

Any indictment charging a felonious taking or appropriation of the personal property of another, of any value, with intent to convert the property to the use of the defendant and to deprive the true owner of the property, shall be deemed a good and sufficient indictment for embezzlement or fraudulent breach of trust. Code 1932, § 11642; T.C.A. (orig. ed.), § 40-1828.
Any indictment charging a felonious taking or appropriation of the personal property of another, of any value, with intent to convert the property to the use of the defendant and to deprive the true owner of the property, shall be deemed a good and sufficient indictment for embezzlement or fraudulent breach of trust.
Code 1932, § 11642; T.C.A. (orig. ed.), § 40-1828.
Tenn. Code Ann. § 40-7-119 — TN Code / Title 40 / Chapter 7 / Section 40-7-119
Strip searches restricted
Status: in_force

(a) As used in this section, "strip search" means having an arrested person remove or arrange some or all of the person's clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts or undergarments of the arrested person. (b) No person arrested for a traffic, regulatory or misdemeanor offense, except in cases involving weapons, a controlled substance or controlled substance analogue, shall be strip searched unless there is reasonable belief that the individual is concealing a weapon, a controlled substance, a controlled substance analogue or other contraband. Acts 1982, ch. 759, § 1; T.C.A., § 40-828; Acts 2012, ch. 848, § 28.
(a) As used in this section, "strip search" means having an arrested person remove or arrange some or all of the person's clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts or undergarments of the arrested person.
(b) No person arrested for a traffic, regulatory or misdemeanor offense, except in cases involving weapons, a controlled substance or controlled substance analogue, shall be strip searched unless there is reasonable belief that the individual is concealing a weapon, a controlled substance, a controlled substance analogue or other contraband.
Acts 1982, ch. 759, § 1; T.C.A., § 40-828; Acts 2012, ch. 848, § 28.
Tenn. Code Ann. § 40-4-108 — TN Code / Title 40 / Chapter 4 / Section 40-4-108
Execution for fine and costs
Status: in_force

If the offender gives security for fines and costs, the judge shall immediately issue execution against the offender and the offender's surety for the fine and costs, returnable as other executions. Code 1858, § 4999 (deriv. Acts 1847-1848, ch. 55, § 4); Shan., §6958; Code 1932, § 11499; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-412.
If the offender gives security for fines and costs, the judge shall immediately issue execution against the offender and the offender's surety for the fine and costs, returnable as other executions.
Code 1858, § 4999 (deriv. Acts 1847-1848, ch. 55, § 4); Shan., §6958; Code 1932, § 11499; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-412.
Tenn. Code Ann. § 40-33-201 — TN Code / Title 40 / Chapter 33 / Section 40-33-201
Application
Status: in_force

All personal property, including conveyances, subject to forfeiture under § 39-14-307 , § 47-25-1105 , § 53-11-451 , § 55-16-104 , § 55-50-504(g) , § 55-10-414 , § 57-3-411 , § 57-5-409 , § 57-9-201 , § 67-4-1020 , or § 70-6-202 , shall be seized and forfeited in accordance with the procedure set out in this part. Amended by 2015 Tenn. Acts, ch. 344,s 6, eff. 7/1/2015. Amended by 2013 Tenn. Acts, ch. 154,s 33, eff. 7/1/2013. Acts 1994, ch. 925, § 1; 1996, ch. 910, § 3; 1996, ch. 959, § 2.
All personal property, including conveyances, subject to forfeiture under § 39-14-307 , § 47-25-1105 , § 53-11-451 , § 55-16-104 , § 55-50-504(g) , § 55-10-414 , § 57-3-411 , § 57-5-409 , § 57-9-201 , § 67-4-1020 , or § 70-6-202 , shall be seized and forfeited in accordance with the procedure set out in this part.
Amended by 2015 Tenn. Acts, ch. 344,s 6, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 154,s 33, eff. 7/1/2013.
Acts 1994, ch. 925, § 1; 1996, ch. 910, § 3; 1996, ch. 959, § 2.
Tenn. Code Ann. § 40-22-115 — TN Code / Title 40 / Chapter 22 / Section 40-22-115
Notice of governor's action
Status: in_force

When the governor acts on the application, the governor shall communicate the governor's action to the board of parole, which shall at once transmit to the judge of the court where the case against the prisoner is pending the action of the governor. Acts 1915, ch. 135, § 3; Shan., § 7230a10; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11830; Acts 1979, ch. 359, § 38; T.C.A. (orig. ed.), § 40-3016; Acts 1998, ch. 1049, § 20.
When the governor acts on the application, the governor shall communicate the governor's action to the board of parole, which shall at once transmit to the judge of the court where the case against the prisoner is pending the action of the governor.
Acts 1915, ch. 135, § 3; Shan., § 7230a10; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11830; Acts 1979, ch. 359, § 38; T.C.A. (orig. ed.), § 40-3016; Acts 1998, ch. 1049, § 20.
Tenn. Code Ann. § 40-13-303 — TN Code / Title 40 / Chapter 13 / Section 40-13-303
Mailing and filing of return
Status: in_force

(a) If served by an officer not of the county to which it is returnable, the return may be made by depositing the capias in any post office, sealed up, directed to the clerk of the court at the courthouse of the originating county with the title of the case endorsed on the envelope and the postage paid. (b) The undertaking of bail, if any, shall also be returned with each capias. (c) The postage paid upon process sent by mail shall constitute a part of the bill of costs. (d) The clerk of the court to whom packages are addressed according to this section shall take them from the post office and file them without delay. Code 1858, §§ 5108-5111; Shan., §§ 7071-7074; Code 1932, §§ 11615-11618; T.C.A. (orig. ed.), §§ 40-1908 -- 40-1911.
(a) If served by an officer not of the county to which it is returnable, the return may be made by depositing the capias in any post office, sealed up, directed to the clerk of the court at the courthouse of the originating county with the title of the case endorsed on the envelope and the postage paid.
(b) The undertaking of bail, if any, shall also be returned with each capias.
(c) The postage paid upon process sent by mail shall constitute a part of the bill of costs.
(d) The clerk of the court to whom packages are addressed according to this section shall take them from the post office and file them without delay.
Code 1858, §§ 5108-5111; Shan., §§ 7071-7074; Code 1932, §§ 11615-11618; T.C.A. (orig. ed.), §§ 40-1908 -- 40-1911.
Tenn. Code Ann. § 40-11-209 — TN Code / Title 40 / Chapter 11 / Section 40-11-209
Certificate of district attorney general
Status: in_force

The district attorney general for the district in which the sale is to be made shall thereupon issue and deliver a certificate to the sheriff of the county conducting the sale, where the land or lands are situated. The certificate shall be in the following words and figures: State of Tennessee, County of ____________________ ______________ day of ______________ (year) I, ______________, district attorney general for the ____________________ judicial district do hereby certify that I have purchased on the ____________________ day of ______________ (year) on behalf of and in the name of the State of Tennessee at a sale under execution at the courthouse, in ______________ County, Tennessee from ______________ the sheriff of ______________ County, said execution having been issued to collect the sum of ______________ dollars, the amount of the forfeiture taken upon the appearance bond of ______________ indicted ______________ day of ______________ (year) by the grand jury of ______________ County, upon a charge of ______________ the following described real estate for the sum of $ ______________. DESCRIBED REAL ESTATE The above described real estate having been levied upon as the property of ______________, surety upon the appearance bond of the aforementioned defendant, viz., This land having been purchased and bid in by me on behalf of and in the name of the State of Tennessee, under and by virtue of the authority vested in me by Tennessee Code Annotated §§ 40-11-206 - 40-11-208, and acts amendatory thereto. This certificate is issued by me and delivered to the sheriff of ______________ County aforesaid in lieu of the sum of $ ______________ bid by me. ______________ District Attorney General for the Judicial District Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a4; Code 1932, § 11701; modified; T.C.A. (orig. ed.), § 40-1309.
The district attorney general for the district in which the sale is to be made shall thereupon issue and deliver a certificate to the sheriff of the county conducting the sale, where the land or lands are situated. The certificate shall be in the following words and figures:
State of Tennessee, County of ____________________
______________ day of ______________ (year)
I, ______________, district attorney general for the ____________________ judicial district do hereby certify that I have purchased on the ____________________ day of ______________ (year) on behalf of and in the name of the State of Tennessee at a sale under execution at the courthouse, in ______________ County, Tennessee from ______________ the sheriff of ______________ County, said execution having been issued to collect the sum of ______________ dollars, the amount of the forfeiture taken upon the appearance bond of ______________ indicted ______________ day of ______________ (year) by the grand jury of ______________ County, upon a charge of ______________ the following described real estate for the sum of $ ______________.
DESCRIBED REAL ESTATE
The above described real estate having been levied upon as the property of ______________, surety upon the appearance bond of the aforementioned defendant, viz.,
This land having been purchased and bid in by me on behalf of and in the name of the State of Tennessee, under and by virtue of the authority vested in me by Tennessee Code Annotated §§ 40-11-206 - 40-11-208, and acts amendatory thereto.
This certificate is issued by me and delivered to the sheriff of ______________ County aforesaid in lieu of the sum of $ ______________ bid by me.
______________
District Attorney General for the Judicial District
Acts 1925, ch. 63, § 1; Shan. Supp., § 7148a4; Code 1932, § 11701; modified; T.C.A. (orig. ed.), § 40-1309.
Tenn. Code Ann. § 40-30-123 — TN Code / Title 40 / Chapter 30 / Section 40-30-123
Report of discovery of potentially exculpatory evidence
Status: in_force

Whenever a law enforcement agency discovers new evidence deemed potentially exculpatory by the chief law enforcement officer of the agency, the agency shall report the evidence to the district attorney currently serving in the jurisdiction in which the case was prosecuted, the trial court in which the conviction was obtained, the individual convicted in the case in which the evidence was secured, and that individual's attorney, if such individual is represented by counsel, within thirty (30) days of the discovery of the evidence. Added by 2021 Tenn. Acts, ch. 355,s 1, eff. 7/1/2021.
Whenever a law enforcement agency discovers new evidence deemed potentially exculpatory by the chief law enforcement officer of the agency, the agency shall report the evidence to the district attorney currently serving in the jurisdiction in which the case was prosecuted, the trial court in which the conviction was obtained, the individual convicted in the case in which the evidence was secured, and that individual's attorney, if such individual is represented by counsel, within thirty (30) days of the discovery of the evidence.
Added by 2021 Tenn. Acts, ch. 355,s 1, eff. 7/1/2021.
Tenn. Code Ann. § 40-9-125 — TN Code / Title 40 / Chapter 9 / Section 40-9-125
Form and contents of application
Status: in_force

(a) The application shall be verified by affidavit, shall be executed in triplicate and shall be accompanied by three (3) certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the magistrate, stating the offense with which the accused is charged. (b) The prosecuting officer may also attach any other affidavits and other documents in triplicate as the officer deems proper to be submitted with the application. (c) One (1) copy of the application with the action of the governor indicated by endorsement thereof, and one (1) of the certified copies of the indictment or complaint or information and affidavit, shall be filed in the office of the secretary of state to remain of record in that office. (d) The other two (2) copies of all papers shall be forwarded with the governor's requisition. Acts 1951, ch. 240, § 23 (Williams, § 11935.23); 1968, ch. 618, §2; T.C.A. (orig. ed.), § 40-1027.
(a) The application shall be verified by affidavit, shall be executed in triplicate and shall be accompanied by three (3) certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the magistrate, stating the offense with which the accused is charged.
(b) The prosecuting officer may also attach any other affidavits and other documents in triplicate as the officer deems proper to be submitted with the application.
(c) One (1) copy of the application with the action of the governor indicated by endorsement thereof, and one (1) of the certified copies of the indictment or complaint or information and affidavit, shall be filed in the office of the secretary of state to remain of record in that office.
(d) The other two (2) copies of all papers shall be forwarded with the governor's requisition.
Acts 1951, ch. 240, § 23 (Williams, § 11935.23); 1968, ch. 618, §2; T.C.A. (orig. ed.), § 40-1027.
Tenn. Code Ann. § 40-30-108 — TN Code / Title 40 / Chapter 30 / Section 40-30-108
Answer or response
Status: in_force

(a) The district attorney general shall represent the state except as provided in § 40-30-114(c) . The state shall file an answer or other responsive pleading within thirty (30) days, unless extended for good cause. Good cause will not be met by a routine statement that the press of other business prevents a response within the thirty-day period. Failure by the state to timely respond does not entitle the petitioner to relief under this part. (b) If the petition does not include the records or transcripts, or parts of records or transcripts that are material to the questions raised therein, the district attorney general is empowered to obtain them at the expense of the state and may file them with the responsive pleading or within a reasonable time thereafter. (c) The district attorney general has the option to assert by motion to dismiss that: (1) The petition is barred by the statute of limitations; (2) The petition was not filed in the court of conviction; (3) The petition asserts a claim for relief from judgments entered in separate trials or proceedings; (4) A direct appeal or post-conviction petition attacking the same conviction is currently pending in the trial or appellate courts; (5) The facts alleged fail to show that the petitioner is entitled to relief; or (6) The facts alleged fail to establish that the claims for relief have not been waived or previously determined. (d) The answer shall respond to each of the allegations of the petition and shall assert the affirmative defenses the district attorney general deems appropriate. Amended by 2023 Tenn. Acts, ch. 182, s 3, eff. 4/28/2023. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-208 .
(a) The district attorney general shall represent the state except as provided in § 40-30-114(c) . The state shall file an answer or other responsive pleading within thirty (30) days, unless extended for good cause. Good cause will not be met by a routine statement that the press of other business prevents a response within the thirty-day period. Failure by the state to timely respond does not entitle the petitioner to relief under this part.
(b) If the petition does not include the records or transcripts, or parts of records or transcripts that are material to the questions raised therein, the district attorney general is empowered to obtain them at the expense of the state and may file them with the responsive pleading or within a reasonable time thereafter.
(c) The district attorney general has the option to assert by motion to dismiss that: (1) The petition is barred by the statute of limitations; (2) The petition was not filed in the court of conviction; (3) The petition asserts a claim for relief from judgments entered in separate trials or proceedings; (4) A direct appeal or post-conviction petition attacking the same conviction is currently pending in the trial or appellate courts; (5) The facts alleged fail to show that the petitioner is entitled to relief; or (6) The facts alleged fail to establish that the claims for relief have not been waived or previously determined.
(1) The petition is barred by the statute of limitations;
(2) The petition was not filed in the court of conviction;
(3) The petition asserts a claim for relief from judgments entered in separate trials or proceedings;
(4) A direct appeal or post-conviction petition attacking the same conviction is currently pending in the trial or appellate courts;
(5) The facts alleged fail to show that the petitioner is entitled to relief; or
(6) The facts alleged fail to establish that the claims for relief have not been waived or previously determined.
(d) The answer shall respond to each of the allegations of the petition and shall assert the affirmative defenses the district attorney general deems appropriate.
Amended by 2023 Tenn. Acts, ch. 182, s 3, eff. 4/28/2023.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-208 .
Tenn. Code Ann. § 40-28-204 — TN Code / Title 40 / Chapter 28 / Section 40-28-204
Payments to criminal injuries compensation fund
Status: in_force

All funds received pursuant to § 40-28-201 for the criminal injuries compensation fund shall be paid over to the department before the tenth day of each month for deposit in the criminal injuries compensation fund established by § 40-24-107 . Acts 1979, ch. 319, § 1; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 836, §§ 1-9; 1982, ch. 605, §§ 1-3; T.C.A., § 40-3630(c); Acts 1985, ch. 211, § 3; 1998, ch. 1049, § 40; 2012, ch. 727, § 39.
All funds received pursuant to § 40-28-201 for the criminal injuries compensation fund shall be paid over to the department before the tenth day of each month for deposit in the criminal injuries compensation fund established by § 40-24-107 .
Acts 1979, ch. 319, § 1; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 836, §§ 1-9; 1982, ch. 605, §§ 1-3; T.C.A., § 40-3630(c); Acts 1985, ch. 211, § 3; 1998, ch. 1049, § 40; 2012, ch. 727, § 39.
Tenn. Code Ann. § 40-35-318 — TN Code / Title 40 / Chapter 35 / Section 40-35-318
Institutional rehabilitation programs - Eligibility
Status: in_force

(a) If a defendant is sentenced to confinement in a local jail or workhouse, the sheriff or other authority having jurisdiction of the institution shall be empowered and may place the defendant on the rehabilitative programs for which the defendant is eligible under rules and regulations adopted by the institution. (b) If a defendant is sentenced to confinement in an institution of the department of correction, the commissioner or the commissioner's designee having jurisdiction of the institution shall be empowered and may place the defendant on the rehabilitation program for which the defendant is eligible under the policies and procedures of the department. Acts 1989, ch. 591, § 6.
(a) If a defendant is sentenced to confinement in a local jail or workhouse, the sheriff or other authority having jurisdiction of the institution shall be empowered and may place the defendant on the rehabilitative programs for which the defendant is eligible under rules and regulations adopted by the institution.
(b) If a defendant is sentenced to confinement in an institution of the department of correction, the commissioner or the commissioner's designee having jurisdiction of the institution shall be empowered and may place the defendant on the rehabilitation program for which the defendant is eligible under the policies and procedures of the department.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-22-114 — TN Code / Title 40 / Chapter 22 / Section 40-22-114
Transmittal of papers and recommendations to governor
Status: in_force

In case the board of parole recommends to the governor that the prisoner be pardoned and finally discharged, it shall file the papers received from the trial judge, together with its recommendation attached thereto, with the governor, a sufficient time before the next term of court at which the prisoner is required to appear, to enable the governor to take action on the recommendation. Acts 1915, ch. 135, § 3; Shan., § 7230a9; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11829; Acts 1979, ch. 359, § 37; T.C.A. (orig. ed.), § 40-3015; Acts 1998, ch. 1049, § 20.
In case the board of parole recommends to the governor that the prisoner be pardoned and finally discharged, it shall file the papers received from the trial judge, together with its recommendation attached thereto, with the governor, a sufficient time before the next term of court at which the prisoner is required to appear, to enable the governor to take action on the recommendation.
Acts 1915, ch. 135, § 3; Shan., § 7230a9; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11829; Acts 1979, ch. 359, § 37; T.C.A. (orig. ed.), § 40-3015; Acts 1998, ch. 1049, § 20.
Tenn. Code Ann. § 40-30-402 — TN Code / Title 40 / Chapter 30 / Section 40-30-402
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires, "fingerprint analysis" means the processes through which fingerprints are analyzed and compared for identification purposes, including, but not limited to, latent print comparisons and searches in fingerprint databases. Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
As used in this part, unless the context otherwise requires, "fingerprint analysis" means the processes through which fingerprints are analyzed and compared for identification purposes, including, but not limited to, latent print comparisons and searches in fingerprint databases.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 40-39-303 — TN Code / Title 40 / Chapter 39 / Section 40-39-303
Enrollment in satellite-based monitoring programs as mandatory condition of release
Status: in_force

(a) Notwithstanding any other law, the board of parole may require, as a mandatory condition of release for any person convicted of a sexual offense as defined in § 40-39-301 , that any person so released be enrolled in a satellite-based monitoring program for the full extent of the person's term of parole, consistent with the requirements of § 40-39-302 . (b) The board of parole may require, as a mandatory condition of release for any person convicted of a serious offense as defined in this chapter or for other offenders as the board deems appropriate, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of parole, consistent with the requirements of § 40-39-302 . (c) Offender participation in a location tracking and crime correlation based monitoring and supervision program under this section shall be at the discretion of the department or as mandated by the board of parole and shall conform to the participant payment requirements stated in § 40-39-305 and be based upon the person's ability to pay. (d) Notwithstanding any other law, the court shall require any person who is, on or after July 1, 2017, placed on probation for an offense that would qualify the person as a child rapist or a child sexual predator under § 39-13-523(a) and who does not maintain either a primary or secondary residence, to enroll in a satellite-based monitoring and supervision program for the full extent of the person's term of probation. Amended by 2017 Tenn. Acts, ch. 311,s 1, eff. 7/1/2017. Acts 2004, ch. 899, § 5; 2012, ch. 727, § 52.
(a) Notwithstanding any other law, the board of parole may require, as a mandatory condition of release for any person convicted of a sexual offense as defined in § 40-39-301 , that any person so released be enrolled in a satellite-based monitoring program for the full extent of the person's term of parole, consistent with the requirements of § 40-39-302 .
(b) The board of parole may require, as a mandatory condition of release for any person convicted of a serious offense as defined in this chapter or for other offenders as the board deems appropriate, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of parole, consistent with the requirements of § 40-39-302 .
(c) Offender participation in a location tracking and crime correlation based monitoring and supervision program under this section shall be at the discretion of the department or as mandated by the board of parole and shall conform to the participant payment requirements stated in § 40-39-305 and be based upon the person's ability to pay.
(d) Notwithstanding any other law, the court shall require any person who is, on or after July 1, 2017, placed on probation for an offense that would qualify the person as a child rapist or a child sexual predator under § 39-13-523(a) and who does not maintain either a primary or secondary residence, to enroll in a satellite-based monitoring and supervision program for the full extent of the person's term of probation.
Amended by 2017 Tenn. Acts, ch. 311,s 1, eff. 7/1/2017.
Acts 2004, ch. 899, § 5; 2012, ch. 727, § 52.
Tenn. Code Ann. § 40-11-107 — TN Code / Title 40 / Chapter 11 / Section 40-11-107
Taking bail before commitment
Status: in_force

The committing magistrate or the city court clerk of any incorporated municipality or city or that person's deputies, before whom a defendant is brought for examination on a warrant of arrest, are authorized to take bail, either for the defendant's appearance for examination or for the defendant's appearance at court to answer the charge. Acts 1978, ch. 506, § 7; T.C.A., § 40-1207.
The committing magistrate or the city court clerk of any incorporated municipality or city or that person's deputies, before whom a defendant is brought for examination on a warrant of arrest, are authorized to take bail, either for the defendant's appearance for examination or for the defendant's appearance at court to answer the charge.
Acts 1978, ch. 506, § 7; T.C.A., § 40-1207.
Tenn. Code Ann. § 40-13-206 — TN Code / Title 40 / Chapter 13 / Section 40-13-206
Alternative allegations
Status: in_force

(a) When the offense may be committed by different forms, by different means or with different intents, the forms, means or intents may be alleged in the same count in the alternative. (b) When an act is criminal, if producing different results, the differing results may be charged in the same count in the alternative. Code 1858, § 5121; Shan., § 7084; mod. Code 1932, §§ 11628, 11629; T.C.A. (orig. ed.), §§ 40-1806, 40-1807.
(a) When the offense may be committed by different forms, by different means or with different intents, the forms, means or intents may be alleged in the same count in the alternative.
(b) When an act is criminal, if producing different results, the differing results may be charged in the same count in the alternative.
Code 1858, § 5121; Shan., § 7084; mod. Code 1932, §§ 11628, 11629; T.C.A. (orig. ed.), §§ 40-1806, 40-1807.
Tenn. Code Ann. § 40-15-106 — TN Code / Title 40 / Chapter 15 / Section 40-15-106
Certification that defendant not disqualified by prior conviction, pretrial diversion or expunged offense
Status: in_force

(a) No memorandum of understanding may be approved by the court on or after July 1, 1998, unless there is attached to it a certificate from the Tennessee bureau of investigation stating that according to its expunged criminal offender and pretrial diversion database the defendant has not: (1) Had a prior disqualifying felony or misdemeanor conviction; (2) Previously been granted pretrial diversion under this chapter; and (3) Had the public records of a disqualifying criminal offense that was dismissed expunged pursuant to chapter 32 of this title or § 40-35-313 . (b) The certificate provided by the bureau pursuant to this section is only a certification that according to its expunged criminal offender and pretrial diversion database the defendant is not disqualified under the criteria set out in subsection (a). The certificate is not a certification that the defendant is eligible for diversion pursuant to this chapter and it shall continue to be the duty of the district attorney general and judge to make sufficient inquiry into the defendant's background to determine diversion eligibility. Acts 1998, ch. 1099, § 6.
(a) No memorandum of understanding may be approved by the court on or after July 1, 1998, unless there is attached to it a certificate from the Tennessee bureau of investigation stating that according to its expunged criminal offender and pretrial diversion database the defendant has not: (1) Had a prior disqualifying felony or misdemeanor conviction; (2) Previously been granted pretrial diversion under this chapter; and (3) Had the public records of a disqualifying criminal offense that was dismissed expunged pursuant to chapter 32 of this title or § 40-35-313 .
(1) Had a prior disqualifying felony or misdemeanor conviction;
(2) Previously been granted pretrial diversion under this chapter; and
(3) Had the public records of a disqualifying criminal offense that was dismissed expunged pursuant to chapter 32 of this title or § 40-35-313 .
(b) The certificate provided by the bureau pursuant to this section is only a certification that according to its expunged criminal offender and pretrial diversion database the defendant is not disqualified under the criteria set out in subsection (a). The certificate is not a certification that the defendant is eligible for diversion pursuant to this chapter and it shall continue to be the duty of the district attorney general and judge to make sufficient inquiry into the defendant's background to determine diversion eligibility.
Acts 1998, ch. 1099, § 6.
Tenn. Code Ann. § 40-25-135 — TN Code / Title 40 / Chapter 25 / Section 40-25-135
Remission and distribution of costs collected
Status: in_force

(a) In all cases where the jailer, sheriff, workhouse keeper or any person or officer, other than the clerk of the circuit or criminal court of any county, collects from a defendant or surety all or any part of the costs, fees, taxes and expense fees, shown upon the mittimus issued by any circuit, criminal or other court, the officer shall on or before the fifteenth day of the month immediately following the month during which the collections are made, report and remit the collections to the clerk of the criminal court in counties having a criminal court, and to the clerk of the circuit court in all other counties, and it is the duty of the clerk to distribute the costs, taxes and expense fees among the state, county and officers entitled to them. (b) All state taxes, district attorney general fees, expense fees, fines in felony cases and all costs which have been previously paid by the state to officers entitled thereto shall be reported by the clerk to the commissioner of revenue and paid to the state. (c) All county taxes, expense fees, fines in misdemeanor cases and costs that have been previously paid by the county shall be reported to the county mayor and paid to the county trustee. (d) All costs belonging to officers that have not been paid either by the state or county shall be paid to the officers entitled to the costs. (e) Where only a part of the whole of the fine, costs, taxes and expense fees is collected, that proportion that is collected shall be distributed to the state, county and officers in proportion to their respective interests in the whole amount originally due. Acts 1921, ch. 116, § 1; Shan. Supp., § 7610a1; Code 1932, § 12238; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1978, ch. 934, §§16, 36; modified; T.C.A. (orig. ed.), §40-3342; Acts 2003 , ch. 90, § 2.
(a) In all cases where the jailer, sheriff, workhouse keeper or any person or officer, other than the clerk of the circuit or criminal court of any county, collects from a defendant or surety all or any part of the costs, fees, taxes and expense fees, shown upon the mittimus issued by any circuit, criminal or other court, the officer shall on or before the fifteenth day of the month immediately following the month during which the collections are made, report and remit the collections to the clerk of the criminal court in counties having a criminal court, and to the clerk of the circuit court in all other counties, and it is the duty of the clerk to distribute the costs, taxes and expense fees among the state, county and officers entitled to them.
(b) All state taxes, district attorney general fees, expense fees, fines in felony cases and all costs which have been previously paid by the state to officers entitled thereto shall be reported by the clerk to the commissioner of revenue and paid to the state.
(c) All county taxes, expense fees, fines in misdemeanor cases and costs that have been previously paid by the county shall be reported to the county mayor and paid to the county trustee.
(d) All costs belonging to officers that have not been paid either by the state or county shall be paid to the officers entitled to the costs.
(e) Where only a part of the whole of the fine, costs, taxes and expense fees is collected, that proportion that is collected shall be distributed to the state, county and officers in proportion to their respective interests in the whole amount originally due.
Acts 1921, ch. 116, § 1; Shan. Supp., § 7610a1; Code 1932, § 12238; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1978, ch. 934, §§16, 36; modified; T.C.A. (orig. ed.), §40-3342; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 40-26-101 — TN Code / Title 40 / Chapter 26 / Section 40-26-101
Commencement of term pending appeal
Status: in_force

In all criminal cases appealed to the supreme court from the circuit and criminal courts, where the judgment of the court is for less penalty than death or imprisonment for life, and the defendant is in actual confinement in jail, when no transcript or other statement of the evidence is filed in the time prescribed by law, in the circuit or criminal court the appeal shall not act as a supersedeas, and the defendant shall enter upon the term of service in the penitentiary or workhouse at once after the expiration of the time for filing the transcript or other statement of evidence. Acts 1901, ch. 102, § 1; Shan., § 7222a1; Code 1932, § 11809; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3405.
In all criminal cases appealed to the supreme court from the circuit and criminal courts, where the judgment of the court is for less penalty than death or imprisonment for life, and the defendant is in actual confinement in jail, when no transcript or other statement of the evidence is filed in the time prescribed by law, in the circuit or criminal court the appeal shall not act as a supersedeas, and the defendant shall enter upon the term of service in the penitentiary or workhouse at once after the expiration of the time for filing the transcript or other statement of evidence.
Acts 1901, ch. 102, § 1; Shan., § 7222a1; Code 1932, § 11809; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3405.
Tenn. Code Ann. § 40-14-306 — TN Code / Title 40 / Chapter 14 / Section 40-14-306
Approved reporting methods to be prescribed
Status: in_force

The administrative director shall prescribe or approve methods for the taking of verbatim records of proceedings under this part. Any such method shall be of a nature that an accurate written transcript can be prepared from that method. Acts 1965, ch. 221, § 6; T.C.A., § 40-2034; Acts 1993, ch. 66, § 60.
The administrative director shall prescribe or approve methods for the taking of verbatim records of proceedings under this part. Any such method shall be of a nature that an accurate written transcript can be prepared from that method.
Acts 1965, ch. 221, § 6; T.C.A., § 40-2034; Acts 1993, ch. 66, § 60.
Tenn. Code Ann. § 40-13-211 — TN Code / Title 40 / Chapter 13 / Section 40-13-211
Description of instrument destroyed or withheld
Status: in_force

When an instrument which is the subject of an indictment has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment, and established on the trial, the misdescription of the instrument is immaterial. Code 1858, § 5132; Shan., § 7095; Code 1932, § 11640; T.C.A. (orig. ed.), § 40-1812.
When an instrument which is the subject of an indictment has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment, and established on the trial, the misdescription of the instrument is immaterial.
Code 1858, § 5132; Shan., § 7095; Code 1932, § 11640; T.C.A. (orig. ed.), § 40-1812.
Tenn. Code Ann. § 40-14-302 — TN Code / Title 40 / Chapter 14 / Section 40-14-302
Designation of reporters
Status: in_force

The judge of each court of this state shall designate one (1) or more persons to act as court reporters to serve at the pleasure of the judge. The number of reporters who may be so designated by each judge shall be determined by the administrative director. Acts 1965, ch. 221, § 2; T.C.A., § 40-2030; Acts 1993, ch. 66, § 55.
The judge of each court of this state shall designate one (1) or more persons to act as court reporters to serve at the pleasure of the judge. The number of reporters who may be so designated by each judge shall be determined by the administrative director.
Acts 1965, ch. 221, § 2; T.C.A., § 40-2030; Acts 1993, ch. 66, § 55.
Tenn. Code Ann. § 40-17-102 — TN Code / Title 40 / Chapter 17 / Section 40-17-102
Remote testimony by forensic analyst
Status: in_force

(a) As used in this section: (1) "Forensic analyst" means an expert in the scientific detection of crime; and (2) "Remote testimony" means any method by which a forensic analyst testifies from a location other than the location where the hearing or trial is being conducted and outside the physical presence of a party or parties. (b) The court may permit remote testimony by a forensic analyst in any criminal proceeding only if: (1) The state has provided a copy of any report produced by the forensic analyst that the state is seeking to admit into evidence through remote testimony to the defendant at least fifteen (15) days prior to the proceeding; (2) The defendant agrees to permit remote testimony; (3) The court finds that the defendant's agreement was knowing and voluntary; and (4) The court and the state agree to permit remote testimony. (c) Any remote testimony conducted under this section must allow all parties to observe the demeanor of the analyst as the analyst testifies in a similar manner as if the analyst were testifying in the location where the hearing or trial is being conducted. The court shall ensure that the defendant has a full and fair opportunity for examination and cross-examination of the analyst. Added by 2021 Tenn. Acts, ch. 501,s 1, eff. 7/1/2021.
(a) As used in this section: (1) "Forensic analyst" means an expert in the scientific detection of crime; and (2) "Remote testimony" means any method by which a forensic analyst testifies from a location other than the location where the hearing or trial is being conducted and outside the physical presence of a party or parties.
(1) "Forensic analyst" means an expert in the scientific detection of crime; and
(2) "Remote testimony" means any method by which a forensic analyst testifies from a location other than the location where the hearing or trial is being conducted and outside the physical presence of a party or parties.
(b) The court may permit remote testimony by a forensic analyst in any criminal proceeding only if: (1) The state has provided a copy of any report produced by the forensic analyst that the state is seeking to admit into evidence through remote testimony to the defendant at least fifteen (15) days prior to the proceeding; (2) The defendant agrees to permit remote testimony; (3) The court finds that the defendant's agreement was knowing and voluntary; and (4) The court and the state agree to permit remote testimony.
(1) The state has provided a copy of any report produced by the forensic analyst that the state is seeking to admit into evidence through remote testimony to the defendant at least fifteen (15) days prior to the proceeding;
(2) The defendant agrees to permit remote testimony;
(3) The court finds that the defendant's agreement was knowing and voluntary; and
(4) The court and the state agree to permit remote testimony.
(c) Any remote testimony conducted under this section must allow all parties to observe the demeanor of the analyst as the analyst testifies in a similar manner as if the analyst were testifying in the location where the hearing or trial is being conducted. The court shall ensure that the defendant has a full and fair opportunity for examination and cross-examination of the analyst.
Added by 2021 Tenn. Acts, ch. 501,s 1, eff. 7/1/2021.
Tenn. Code Ann. § 40-17-105 — TN Code / Title 40 / Chapter 17 / Section 40-17-105
Meeting witnesses face to face - Compulsory process
Status: in_force

As provided by the Constitution of Tennessee, the accused, in all criminal prosecutions, has a right to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in the accused's favor. Code 1858, § 5377; Shan., § 7355; Code 1932, § 11959; T.C.A. (orig. ed.), § 40-2405.
As provided by the Constitution of Tennessee, the accused, in all criminal prosecutions, has a right to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in the accused's favor.
Code 1858, § 5377; Shan., § 7355; Code 1932, § 11959; T.C.A. (orig. ed.), § 40-2405.
Tenn. Code Ann. § 40-11-129 — TN Code / Title 40 / Chapter 11 / Section 40-11-129
Sureties not discharged by irregularities
Status: in_force

No sureties are discharged by reason of: (1) The want of any of the qualifications required in this part; (2) There not being the requisite number of sureties; (3) Any other agreement than is expressed in the undertaking; (4) Infancy, lunacy or any other incapacity of any of the other parties thereto; or (5) The defendant not having joined in the same. Acts 1978, ch. 506, § 25; T.C.A., § 40-1229.
No sureties are discharged by reason of:
(1) The want of any of the qualifications required in this part;
(2) There not being the requisite number of sureties;
(3) Any other agreement than is expressed in the undertaking;
(4) Infancy, lunacy or any other incapacity of any of the other parties thereto; or
(5) The defendant not having joined in the same.
Acts 1978, ch. 506, § 25; T.C.A., § 40-1229.
Tenn. Code Ann. § 40-14-316 — TN Code / Title 40 / Chapter 14 / Section 40-14-316
Use of videotape equipment during preliminary stages preceding trial
Status: in_force

In addition to the use of videotape equipment to record court proceedings as set forth within Supreme Court Rule 26, the supreme court is authorized and encouraged to permit, in appropriate situations, the use of video equipment and recordings during the preliminary stages preceding trial for any criminal offense including, but not necessarily limited to, bail hearings, arraignments, hearings wherein a defendant's guilty plea is entered and accepted by the court without trial, and other proceedings before the criminal court preliminary to trial. Acts 1997, ch. 314, § 1.
In addition to the use of videotape equipment to record court proceedings as set forth within Supreme Court Rule 26, the supreme court is authorized and encouraged to permit, in appropriate situations, the use of video equipment and recordings during the preliminary stages preceding trial for any criminal offense including, but not necessarily limited to, bail hearings, arraignments, hearings wherein a defendant's guilty plea is entered and accepted by the court without trial, and other proceedings before the criminal court preliminary to trial.
Acts 1997, ch. 314, § 1.
Tenn. Code Ann. § 40-11-205 — TN Code / Title 40 / Chapter 11 / Section 40-11-205
Refund of forfeiture payments on reversal
Status: in_force

Money paid into the treasury by virtue of a judgment of the circuit or criminal court upon a forfeited recognizance shall be refunded to the party paying the same, upon the reversal of the judgment by the supreme court, on appeal or writ of error duly prosecuted. The commissioner of finance and administration shall give the party a warrant for the money upon the production of a certified copy of the judgment of reversal. Code 1858, § 5184 (deriv. Acts 1835-1836, ch. 70); Shan., § 7148; Code 1932, § 11697; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 40-1305.
Money paid into the treasury by virtue of a judgment of the circuit or criminal court upon a forfeited recognizance shall be refunded to the party paying the same, upon the reversal of the judgment by the supreme court, on appeal or writ of error duly prosecuted. The commissioner of finance and administration shall give the party a warrant for the money upon the production of a certified copy of the judgment of reversal.
Code 1858, § 5184 (deriv. Acts 1835-1836, ch. 70); Shan., § 7148; Code 1932, § 11697; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 40-1305.
Tenn. Code Ann. § 40-30-412 — TN Code / Title 40 / Chapter 30 / Section 40-30-412
Analysis results - Dismissal of petition - Order for hearing
Status: in_force

If the results of the post-conviction fingerprint analysis are not favorable to the petitioner, the court shall dismiss the petition, and make further orders as may be appropriate. If the results of the post-conviction fingerprint analysis are favorable, the court shall order a hearing, notwithstanding any law or rule of court that would bar the hearing as untimely, and thereafter make orders as are required or permitted by the Rules of Criminal Procedure or part 1 of this chapter. Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
If the results of the post-conviction fingerprint analysis are not favorable to the petitioner, the court shall dismiss the petition, and make further orders as may be appropriate. If the results of the post-conviction fingerprint analysis are favorable, the court shall order a hearing, notwithstanding any law or rule of court that would bar the hearing as untimely, and thereafter make orders as are required or permitted by the Rules of Criminal Procedure or part 1 of this chapter.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 40-11-305 — TN Code / Title 40 / Chapter 11 / Section 40-11-305
Investigation of solvency
Status: in_force

The judge of any court of this state in which any professional bondsman executes criminal bonds, furnishes bail or secures costs and fines as surety, is empowered to inquire at any time into the solvency of any bondsman and to investigate and determine the value of the bondsman's assets and extent of the bondsman's liabilities, and to this end may, in the judge's discretion, appoint as many as three (3) investigators and/or appraisers to assist the court and who shall be empowered, when appointed, to investigate, appraise and report upon the value and extent of the bondsman's assets and liabilities. Each investigator and/or appraiser so appointed shall be entitled to receive reasonable compensation, not to exceed ten dollars ($10.00) a day, out of the general funds of the county, whenever their accounts for services are approved for payment by the judge ordering the investigation. Acts 1939, ch. 199, § 4; C. Supp. 1950, § 11715.4; T.C.A. (orig. ed.), § 40-1405.
The judge of any court of this state in which any professional bondsman executes criminal bonds, furnishes bail or secures costs and fines as surety, is empowered to inquire at any time into the solvency of any bondsman and to investigate and determine the value of the bondsman's assets and extent of the bondsman's liabilities, and to this end may, in the judge's discretion, appoint as many as three (3) investigators and/or appraisers to assist the court and who shall be empowered, when appointed, to investigate, appraise and report upon the value and extent of the bondsman's assets and liabilities. Each investigator and/or appraiser so appointed shall be entitled to receive reasonable compensation, not to exceed ten dollars ($10.00) a day, out of the general funds of the county, whenever their accounts for services are approved for payment by the judge ordering the investigation.
Acts 1939, ch. 199, § 4; C. Supp. 1950, § 11715.4; T.C.A. (orig. ed.), § 40-1405.