Tenn. Code Ann. § 40-35-314 — TN Code / Title 40 / Chapter 35 / Section 40-35-314
Confinement in local jail or workhouse - Eligibility - Jurisdiction of sentencing court - Transfer for violation of jail rules - Participation in Work Program
Status: in_force

(a) If confinement is directed, the court shall designate the place of confinement as a local jail or workhouse if required pursuant to § 40-35-104(b) or, if the sentence is eight (8) years or less and combined with periodic or split confinement not to exceed one (1) year, the court shall designate the place of confinement as a local jail or workhouse. If confinement in a local jail or workhouse is not mandated by § 40-35-104(b) , § 40-35-306 or § 40-35-307 , all convicted felons sentenced after November 1, 1989, to continuous confinement for a period of one (1) year or more shall be sentenced to the department of correction. After November 1, 1989, if a court sentences or has sentenced a defendant to a local jail or workhouse when the court was not authorized to do so by this chapter, it shall be deemed that the sentence was a sentence to the department, and the commissioner of correction shall have the authority to take the defendant into the custody of the department. (b) (1) When imposing the sentence to the local jail or workhouse, the defendant is eligible for release classification status as provided in this chapter; however, the court may specify an earlier percentage of eligibility for all programs except parole. This percentage shall be expressed in one (1) of the following numeric percentages: zero percent (0%), ten percent (10%), twenty percent (20%), thirty percent (30%), forty percent (40%) or fifty percent (50%); provided, that the percentage shall be no higher than the release eligibility percentage under § 40-35-501 . (2) In the event the judgment does not specify a percentage as provided in subdivision (b)(1), the defendant shall be eligible for the programs, except parole, six (6) months prior to release eligibility date under § 40-35-501 . (c) The court shall retain full jurisdiction over the defendant during the term of the sentence and may reduce or modify the sentence or may place the defendant on probation supervision where otherwise eligible. Following the first application, applications to reduce or to alter the manner of the service of the sentence may be made at no less than two (2) month intervals. (d) If a defendant serving a felony sentence violates any condition or rule of the local jail or workhouse, the court shall have full authority to sentence the defendant to continuous confinement in the department of correction for a period not to exceed the remainder of the full sentence originally imposed. (e) If a defendant serving a felony sentence in a local jail or workhouse develops medical problems that the local jail or workhouse is not equipped to treat, the court shall have full authority to transfer the defendant to the department of correction. If transfer is ordered under this subsection (e), the court shall retain full jurisdiction over the defendant to reduce or modify the sentence. (f) Subsection (b) also applies to defendants sentenced to the department during the time the defendants are being housed in a local jail or workhouse awaiting transfer to the department as provided in § 40-35-212(d) . (g) (1) Any defendant convicted of a felony and sentenced to serve such sentence in a local jail or workhouse pursuant to this section, § 40-35-104(b) , § 40-35-306 , or § 40-35-307 shall be ordered, as a part of the sentence, to participate in any work program operated by the jail or workhouse in which the defendant is incarcerated. (2) The sheriff may opt the county out of the requirements of this subsection (g) if the sheriff's local jail or workhouse does not operate a work program or, if it does operate such a program, the increased number of inmates participating would exceed the sheriff's ability to provide security, transportation, or requested work projects. (3) The sheriff may excuse any one (1) or more individual inmates sentenced to the work program if, in the judgment of the sheriff: (A) The inmate would pose a security or escape risk to the public or other inmates if allowed to participate in a work program outside the facility; (B) The inmate has physical or mental health conditions that would preclude the inmate from successfully participating in a work program or would endanger others if allowed to participate; or (C) The county cannot afford to provide the security or transportation for one (1) or more inmates sentenced to the work program pursuant to this section. (4) Any inmate who knowingly refuses to participate in a work program after being sentenced to do so pursuant to this section shall be considered to have violated a rule of the local jail or workhouse and the court may act upon such violation as provided in subsection (d). (5) The liability of any county whose local jail or workhouse operates a work program shall not be increased or changed solely because the work program uses inmates sentenced to the program pursuant to this subsection (g). Amended by 2013 Tenn. Acts, ch. 168, s 1, eff. 7/1/2013. Acts 1989, ch. 591, § 6; 1991, ch. 374, § 3.
(a) If confinement is directed, the court shall designate the place of confinement as a local jail or workhouse if required pursuant to § 40-35-104(b) or, if the sentence is eight (8) years or less and combined with periodic or split confinement not to exceed one (1) year, the court shall designate the place of confinement as a local jail or workhouse. If confinement in a local jail or workhouse is not mandated by § 40-35-104(b) , § 40-35-306 or § 40-35-307 , all convicted felons sentenced after November 1, 1989, to continuous confinement for a period of one (1) year or more shall be sentenced to the department of correction. After November 1, 1989, if a court sentences or has sentenced a defendant to a local jail or workhouse when the court was not authorized to do so by this chapter, it shall be deemed that the sentence was a sentence to the department, and the commissioner of correction shall have the authority to take the defendant into the custody of the department.
(b) (1) When imposing the sentence to the local jail or workhouse, the defendant is eligible for release classification status as provided in this chapter; however, the court may specify an earlier percentage of eligibility for all programs except parole. This percentage shall be expressed in one (1) of the following numeric percentages: zero percent (0%), ten percent (10%), twenty percent (20%), thirty percent (30%), forty percent (40%) or fifty percent (50%); provided, that the percentage shall be no higher than the release eligibility percentage under § 40-35-501 . (2) In the event the judgment does not specify a percentage as provided in subdivision (b)(1), the defendant shall be eligible for the programs, except parole, six (6) months prior to release eligibility date under § 40-35-501 .
(1) When imposing the sentence to the local jail or workhouse, the defendant is eligible for release classification status as provided in this chapter; however, the court may specify an earlier percentage of eligibility for all programs except parole. This percentage shall be expressed in one (1) of the following numeric percentages: zero percent (0%), ten percent (10%), twenty percent (20%), thirty percent (30%), forty percent (40%) or fifty percent (50%); provided, that the percentage shall be no higher than the release eligibility percentage under § 40-35-501 .
(2) In the event the judgment does not specify a percentage as provided in subdivision (b)(1), the defendant shall be eligible for the programs, except parole, six (6) months prior to release eligibility date under § 40-35-501 .
(c) The court shall retain full jurisdiction over the defendant during the term of the sentence and may reduce or modify the sentence or may place the defendant on probation supervision where otherwise eligible. Following the first application, applications to reduce or to alter the manner of the service of the sentence may be made at no less than two (2) month intervals.
(d) If a defendant serving a felony sentence violates any condition or rule of the local jail or workhouse, the court shall have full authority to sentence the defendant to continuous confinement in the department of correction for a period not to exceed the remainder of the full sentence originally imposed.
(e) If a defendant serving a felony sentence in a local jail or workhouse develops medical problems that the local jail or workhouse is not equipped to treat, the court shall have full authority to transfer the defendant to the department of correction. If transfer is ordered under this subsection (e), the court shall retain full jurisdiction over the defendant to reduce or modify the sentence.
(f) Subsection (b) also applies to defendants sentenced to the department during the time the defendants are being housed in a local jail or workhouse awaiting transfer to the department as provided in § 40-35-212(d) .
(g) (1) Any defendant convicted of a felony and sentenced to serve such sentence in a local jail or workhouse pursuant to this section, § 40-35-104(b) , § 40-35-306 , or § 40-35-307 shall be ordered, as a part of the sentence, to participate in any work program operated by the jail or workhouse in which the defendant is incarcerated. (2) The sheriff may opt the county out of the requirements of this subsection (g) if the sheriff's local jail or workhouse does not operate a work program or, if it does operate such a program, the increased number of inmates participating would exceed the sheriff's ability to provide security, transportation, or requested work projects. (3) The sheriff may excuse any one (1) or more individual inmates sentenced to the work program if, in the judgment of the sheriff: (A) The inmate would pose a security or escape risk to the public or other inmates if allowed to participate in a work program outside the facility; (B) The inmate has physical or mental health conditions that would preclude the inmate from successfully participating in a work program or would endanger others if allowed to participate; or (C) The county cannot afford to provide the security or transportation for one (1) or more inmates sentenced to the work program pursuant to this section. (4) Any inmate who knowingly refuses to participate in a work program after being sentenced to do so pursuant to this section shall be considered to have violated a rule of the local jail or workhouse and the court may act upon such violation as provided in subsection (d). (5) The liability of any county whose local jail or workhouse operates a work program shall not be increased or changed solely because the work program uses inmates sentenced to the program pursuant to this subsection (g).
(1) Any defendant convicted of a felony and sentenced to serve such sentence in a local jail or workhouse pursuant to this section, § 40-35-104(b) , § 40-35-306 , or § 40-35-307 shall be ordered, as a part of the sentence, to participate in any work program operated by the jail or workhouse in which the defendant is incarcerated.
(2) The sheriff may opt the county out of the requirements of this subsection (g) if the sheriff's local jail or workhouse does not operate a work program or, if it does operate such a program, the increased number of inmates participating would exceed the sheriff's ability to provide security, transportation, or requested work projects.
(3) The sheriff may excuse any one (1) or more individual inmates sentenced to the work program if, in the judgment of the sheriff: (A) The inmate would pose a security or escape risk to the public or other inmates if allowed to participate in a work program outside the facility; (B) The inmate has physical or mental health conditions that would preclude the inmate from successfully participating in a work program or would endanger others if allowed to participate; or (C) The county cannot afford to provide the security or transportation for one (1) or more inmates sentenced to the work program pursuant to this section.
(A) The inmate would pose a security or escape risk to the public or other inmates if allowed to participate in a work program outside the facility;
(B) The inmate has physical or mental health conditions that would preclude the inmate from successfully participating in a work program or would endanger others if allowed to participate; or
(C) The county cannot afford to provide the security or transportation for one (1) or more inmates sentenced to the work program pursuant to this section.
(4) Any inmate who knowingly refuses to participate in a work program after being sentenced to do so pursuant to this section shall be considered to have violated a rule of the local jail or workhouse and the court may act upon such violation as provided in subsection (d).
(5) The liability of any county whose local jail or workhouse operates a work program shall not be increased or changed solely because the work program uses inmates sentenced to the program pursuant to this subsection (g).
Amended by 2013 Tenn. Acts, ch. 168, s 1, eff. 7/1/2013.
Acts 1989, ch. 591, § 6; 1991, ch. 374, § 3.
Tenn. Code Ann. § 40-12-215 — TN Code / Title 40 / Chapter 12 / Section 40-12-215
Grant of immunity
Status: in_force

(a) The district attorney general shall have the authority to grant transactional or use immunity to a witness if the district attorney general determines that immunity is necessary to compel testimony from the witness. (b) The immunity shall be given to the witness in writing and shall be signed by the district attorney general. (c) The immunity granted witnesses pursuant to Tennessee Rules of Criminal Procedure, Rule 6(j)(6) shall have no application to a grand jury convened pursuant to this part. Acts 1990, ch. 1051, § 1.
(a) The district attorney general shall have the authority to grant transactional or use immunity to a witness if the district attorney general determines that immunity is necessary to compel testimony from the witness.
(b) The immunity shall be given to the witness in writing and shall be signed by the district attorney general.
(c) The immunity granted witnesses pursuant to Tennessee Rules of Criminal Procedure, Rule 6(j)(6) shall have no application to a grand jury convened pursuant to this part.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-17-108 — TN Code / Title 40 / Chapter 17 / Section 40-17-108
Date of attendance of witnesses
Status: in_force

(a) It is the duty of the clerks of the circuit and criminal courts to designate on the dockets of their several courts the days on which the criminal cases in those courts will be called for trial, subject to the direction and control of the judges of those courts, and subpoenas for witnesses shall require their attendance only upon the day designated for the trial of the particular case in which they are summoned. (b) It is the duty of the clerks of the circuit or criminal court to subpoena witnesses in causes set for trial, to appear on the day fixed for trial, at the first term that the causes are placed upon the docket. It shall not be necessary to resubpoena the witnesses to subsequent terms, but they shall be required to attend at subsequent terms, upon the day fixed for the trial of the causes, and from day to day of the terms as required by the court, until the causes are disposed of. (c) It is the duty of the district attorney general and the clerk, in summoning witnesses in state cases, to specify the day on which they are required to attend, and to use all proper precautions to diminish the cost as much as possible. (d) If for any reason the case or cases so set for trial shall not be tried on the day fixed, it is the duty of the court, by special order, to designate some other day on which the case will be tried; and, in the absence of a special order, it shall not be necessary for witnesses to attend the court, and if they shall attend without a special order, it shall be at their own option. It is the duty of the district attorney general and the clerk to ensure that every reasonable effort has been made to notify witnesses of any change in the date set for trial. Notice shall be given at least ten (10) days in advance of the new date set for trial. Code 1858, § 5600 (deriv. Acts 1843, 1844, ch. 215, § 5); Acts 1879, ch. 157, §§ 1, 2; Shan., §§ 7638, 7639, 7644; Code 1932, §§ 11966, 12267, 12268, 12273; modified; T.C.A. (orig. ed.), §§ 40-2411 -- 40-2414; Acts 1983, ch. 333, § 1.
(a) It is the duty of the clerks of the circuit and criminal courts to designate on the dockets of their several courts the days on which the criminal cases in those courts will be called for trial, subject to the direction and control of the judges of those courts, and subpoenas for witnesses shall require their attendance only upon the day designated for the trial of the particular case in which they are summoned.
(b) It is the duty of the clerks of the circuit or criminal court to subpoena witnesses in causes set for trial, to appear on the day fixed for trial, at the first term that the causes are placed upon the docket. It shall not be necessary to resubpoena the witnesses to subsequent terms, but they shall be required to attend at subsequent terms, upon the day fixed for the trial of the causes, and from day to day of the terms as required by the court, until the causes are disposed of.
(c) It is the duty of the district attorney general and the clerk, in summoning witnesses in state cases, to specify the day on which they are required to attend, and to use all proper precautions to diminish the cost as much as possible.
(d) If for any reason the case or cases so set for trial shall not be tried on the day fixed, it is the duty of the court, by special order, to designate some other day on which the case will be tried; and, in the absence of a special order, it shall not be necessary for witnesses to attend the court, and if they shall attend without a special order, it shall be at their own option. It is the duty of the district attorney general and the clerk to ensure that every reasonable effort has been made to notify witnesses of any change in the date set for trial. Notice shall be given at least ten (10) days in advance of the new date set for trial.
Code 1858, § 5600 (deriv. Acts 1843, 1844, ch. 215, § 5); Acts 1879, ch. 157, §§ 1, 2; Shan., §§ 7638, 7639, 7644; Code 1932, §§ 11966, 12267, 12268, 12273; modified; T.C.A. (orig. ed.), §§ 40-2411 -- 40-2414; Acts 1983, ch. 333, § 1.
Tenn. Code Ann. § 40-17-110 — TN Code / Title 40 / Chapter 17 / Section 40-17-110
Duration of attendance
Status: in_force

(a) Witnesses subpoenaed are bound to attend from term to term until the case is disposed of; but if a judgment is rendered in the case, which is reversed by the supreme court, or in the case of a mistrial, new subpoenas must be issued for the state witnesses, and also for the defendant's witnesses on the defendant's application. (b) Witnesses shall so attend until discharged by law, by the court, or by the party by whom they are summoned. Code 1932, §§ 11967, 11968; T.C.A. (orig. ed.), §§ 40-2417, 40-2418.
(a) Witnesses subpoenaed are bound to attend from term to term until the case is disposed of; but if a judgment is rendered in the case, which is reversed by the supreme court, or in the case of a mistrial, new subpoenas must be issued for the state witnesses, and also for the defendant's witnesses on the defendant's application.
(b) Witnesses shall so attend until discharged by law, by the court, or by the party by whom they are summoned.
Code 1932, §§ 11967, 11968; T.C.A. (orig. ed.), §§ 40-2417, 40-2418.
Tenn. Code Ann. § 40-18-101 — TN Code / Title 40 / Chapter 18 / Section 40-18-101
Designation of state's day
Status: in_force

It is the duty of the judge of each circuit court to designate a day or days of the term, to be known as the state's day, on which to take up the criminal docket, and to dispose of criminal cases. Code 1858, § 5594 (deriv. Acts 1843-1844, ch. 215, § 5); Shan., §7635; mod. Code 1932, § 12264; T.C.A. (orig. ed.), § 40-2501.
It is the duty of the judge of each circuit court to designate a day or days of the term, to be known as the state's day, on which to take up the criminal docket, and to dispose of criminal cases.
Code 1858, § 5594 (deriv. Acts 1843-1844, ch. 215, § 5); Shan., §7635; mod. Code 1932, § 12264; T.C.A. (orig. ed.), § 40-2501.
Tenn. Code Ann. § 40-17-210 — TN Code / Title 40 / Chapter 17 / Section 40-17-210
Uniformity of construction
Status: in_force

This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. Acts 1939, ch. 148, § 6; C. Supp. 1950, § 11979.6; T.C.A. (orig. ed.), § 40-2438.
This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
Acts 1939, ch. 148, § 6; C. Supp. 1950, § 11979.6; T.C.A. (orig. ed.), § 40-2438.
Tenn. Code Ann. § 40-30-105 — TN Code / Title 40 / Chapter 30 / Section 40-30-105
Processing of petitions - Designation of judge
Status: in_force

(a) When in receipt of a petition applying for post-conviction relief, the clerk of the trial court shall forthwith: (1) Make three (3) copies of the petition; (2) Docket and file the original petition and its attachments; (3) Mail one (1) copy of the petition to the attorney general and reporter in Nashville; (4) Mail or forward one (1) copy of the petition to the district attorney general; (5) Mail or forward one (1) copy to petitioner's original attorney; (6) Advise the presiding judge that the petition has been filed; and (7) Deliver the petition, its attachments, and all available files, records, and correspondence relating to the judgment under attack to the assigned judge for preliminary consideration. (b) At either the trial proceeding or an appellate proceeding reviewing the proceeding, the presiding judge of the appropriate court shall assign a judge to hear the petition. The issue of competency of counsel may be heard by a judge other than the original hearing judge. If a presiding judge is unable to assign a judge, the chief justice of the supreme court shall designate an appropriate judge to hear the matter. (c) A petition for habeas corpus may be treated as a petition under this part when the relief and procedure authorized by this part appear adequate and appropriate, notwithstanding anything to the contrary in title 29, chapter 21, or any other statute. Acts 1995, ch. 207, § 1; 1996, ch. 995, § 4; T.C.A. § 40-30-205 .
(a) When in receipt of a petition applying for post-conviction relief, the clerk of the trial court shall forthwith: (1) Make three (3) copies of the petition; (2) Docket and file the original petition and its attachments; (3) Mail one (1) copy of the petition to the attorney general and reporter in Nashville; (4) Mail or forward one (1) copy of the petition to the district attorney general; (5) Mail or forward one (1) copy to petitioner's original attorney; (6) Advise the presiding judge that the petition has been filed; and (7) Deliver the petition, its attachments, and all available files, records, and correspondence relating to the judgment under attack to the assigned judge for preliminary consideration.
(1) Make three (3) copies of the petition;
(2) Docket and file the original petition and its attachments;
(3) Mail one (1) copy of the petition to the attorney general and reporter in Nashville;
(4) Mail or forward one (1) copy of the petition to the district attorney general;
(5) Mail or forward one (1) copy to petitioner's original attorney;
(6) Advise the presiding judge that the petition has been filed; and
(7) Deliver the petition, its attachments, and all available files, records, and correspondence relating to the judgment under attack to the assigned judge for preliminary consideration.
(b) At either the trial proceeding or an appellate proceeding reviewing the proceeding, the presiding judge of the appropriate court shall assign a judge to hear the petition. The issue of competency of counsel may be heard by a judge other than the original hearing judge. If a presiding judge is unable to assign a judge, the chief justice of the supreme court shall designate an appropriate judge to hear the matter.
(c) A petition for habeas corpus may be treated as a petition under this part when the relief and procedure authorized by this part appear adequate and appropriate, notwithstanding anything to the contrary in title 29, chapter 21, or any other statute.
Acts 1995, ch. 207, § 1; 1996, ch. 995, § 4; T.C.A. § 40-30-205 .
Tenn. Code Ann. § 40-6-310 — TN Code / Title 40 / Chapter 6 / Section 40-6-310
Construction of ambiguous provisions
Status: in_force

Any ambiguity in this part or §§ 39-13-601 - [former] 39-13-603 [repealed] shall be resolved in favor of the aggrieved party and against the state. Acts 1994, ch. 964, § 13.
Any ambiguity in this part or §§ 39-13-601 - [former] 39-13-603 [repealed] shall be resolved in favor of the aggrieved party and against the state.
Acts 1994, ch. 964, § 13.
Tenn. Code Ann. § 40-39-305 — TN Code / Title 40 / Chapter 39 / Section 40-39-305
Fees - Waiver of fees
Status: in_force

(a) The department of correction is authorized to assess a daily or monthly fee, as the department deems reasonable and necessary to effectuate the purposes of this program, from serious offenders and violent sexual offenders who are required by the board or the department to participate in the sexual offender monitoring program described in § 40-39-302 . This fee is intended to offset only the costs associated with the time-correlated tracking of the geographic location of subjects using the location tracking crime correlation system. Fees assessed by the department pursuant to this program may be collected in accordance with § 40-39-302(b)(2)(A) . (b) The department may waive all or any portion of the fees required by this section if it determines that an offender is indigent or financially unable to pay all or any portion of the fee. The department shall waive only that portion of the surcharge which the offender is financially unable to pay. Acts 2004, ch. 899, § 5; 2012 , ch. 727, § 53.
(a) The department of correction is authorized to assess a daily or monthly fee, as the department deems reasonable and necessary to effectuate the purposes of this program, from serious offenders and violent sexual offenders who are required by the board or the department to participate in the sexual offender monitoring program described in § 40-39-302 . This fee is intended to offset only the costs associated with the time-correlated tracking of the geographic location of subjects using the location tracking crime correlation system. Fees assessed by the department pursuant to this program may be collected in accordance with § 40-39-302(b)(2)(A) .
(b) The department may waive all or any portion of the fees required by this section if it determines that an offender is indigent or financially unable to pay all or any portion of the fee. The department shall waive only that portion of the surcharge which the offender is financially unable to pay.
Acts 2004, ch. 899, § 5; 2012 , ch. 727, § 53.
Tenn. Code Ann. § 40-6-101 — TN Code / Title 40 / Chapter 6 / Section 40-6-101
"Search warrant" defined
Status: in_force

A search warrant is an order in writing in the name of the state, signed by a magistrate, directed to the sheriff, any constable, or any peace officer of the county, commanding the sheriff, constable or peace officer to search for personal property, and bring it before the magistrate. Code 1932, § 11897; T.C.A. (orig. ed.), § 40-501.
A search warrant is an order in writing in the name of the state, signed by a magistrate, directed to the sheriff, any constable, or any peace officer of the county, commanding the sheriff, constable or peace officer to search for personal property, and bring it before the magistrate.
Code 1932, § 11897; T.C.A. (orig. ed.), § 40-501.
Tenn. Code Ann. § 40-6-107 — TN Code / Title 40 / Chapter 6 / Section 40-6-107
Return date
Status: in_force

(a) A search warrant shall be executed and returned to the magistrate by whom it was issued within five (5) days after its date, after which time, unless executed, it is void. (b) All search warrants in this state may be executed either in the daytime or in the nighttime. Code 1858, § 5326; Shan., § 7304; mod. Code 1932, § 11907; Acts 1969, ch. 252, § 1; T.C.A. (orig. ed.), § 40-507.
(a) A search warrant shall be executed and returned to the magistrate by whom it was issued within five (5) days after its date, after which time, unless executed, it is void.
(b) All search warrants in this state may be executed either in the daytime or in the nighttime.
Code 1858, § 5326; Shan., § 7304; mod. Code 1932, § 11907; Acts 1969, ch. 252, § 1; T.C.A. (orig. ed.), § 40-507.
Tenn. Code Ann. § 40-23-118 — TN Code / Title 40 / Chapter 23 / Section 40-23-118
Warrant for apprehension of condemned inmate
Status: in_force

If such convict is at large, the court or any magistrate may issue a warrant for the convict's apprehension, and, if no good reason is shown for the convict's discharge, shall commit the convict to abide the order and sentence of the court. Code 1858, §5280; Shan., § 7260; Code 1932, § 11862; T.C.A. (orig. ed.), § 40-3122.
If such convict is at large, the court or any magistrate may issue a warrant for the convict's apprehension, and, if no good reason is shown for the convict's discharge, shall commit the convict to abide the order and sentence of the court.
Code 1858, §5280; Shan., § 7260; Code 1932, § 11862; T.C.A. (orig. ed.), § 40-3122.
Tenn. Code Ann. § 40-14-202 — TN Code / Title 40 / Chapter 14 / Section 40-14-202
Appointment by court
Status: in_force

(a) In all felony cases, if the accused is not represented by counsel and the court determines by the manner provided in subsection (b) that the accused is an indigent person who has not competently waived the right to counsel, the court shall appoint to represent the accused either the public defender, if there is one for the county, or, in the absence of a public defender, a competent attorney licensed in this state. The court may call upon any legal aid agency operating in conjunction with an accredited college of law to recommend attorneys for appointment under this part. The court may, upon its own motion or upon application of counsel appointed under this section, name additional attorneys to aid and assist in the defense. Each appointment of counsel shall be denoted by an appropriate entry upon the minutes of the court, which shall state the name of counsel and the date of counsel's appointment, but failure of the court to make such a minute entry shall not in any way invalidate the proceeding if an attorney was in fact appointed. Upon the appointment of an attorney under this section, no further proceeding shall be had until the attorney so appointed has had sufficient opportunity to prepare the case. If the court should determine that the accused is not an indigent person, the court shall then advise the accused with respect to the accused's right to counsel and afford the accused an opportunity to acquire counsel. (b) Whenever an accused informs the court that the accused is financially unable to obtain the assistance of counsel, it is the duty of the court to conduct a full and complete hearing as to the financial ability of the accused to obtain the assistance of counsel and, thereafter, make a finding as to the indigency of the accused. All statements made by the accused seeking the appointment of counsel shall be by sworn testimony in open court or written affidavit sworn to before the judge. (c) When making a finding as to the indigency of an accused, the court shall take into consideration: (1) The nature of the services to be rendered; (2) The usual and customary charges of an attorney in the community for rendering like or similar services; (3) The income of the accused regardless of source; (4) The poverty level income guidelines compiled and published by the United States department of labor; (5) The ownership or equity in any real or personal property; (6) The amount of the appearance or appeal bond, whether the party has been able to obtain release by making bond, and, if the party obtained release by making bond, the amount of money paid and the source of the money; and (7) Any other circumstances presented to the court which are relevant to the issue of indigency. (d) If a social service agency services the criminal justice system of the judicial district, and the court has reasonable cause to believe the accused has the financial resources to employ counsel, the court shall order the agency to conduct an investigation into the financial affairs of the accused and report its findings directly to the court. The court shall consider the contents of the agency's report in making its determination and the report shall be made a part of the record in the cause. (e) If the court appoints counsel to represent an accused in a felony case under this section or in a misdemeanor case as required by law, but finds the accused is financially able to defray a portion or all of the cost of the accused's representation, the court shall enter an order directing the party to pay into the registry of the clerk of the court any sum that the court determines the accused is able to pay. The sum shall be subject to execution as any other judgment and may also be made a condition of a discharge from probation. The court may provide for payments to be made at intervals, which the court shall establish, and upon terms and conditions as are fair and just. The court may also modify its order when there has been a change in circumstances of the accused. (f) The clerk of the court shall collect all moneys paid by an accused pursuant to this section. When the accused fails to comply with the orders of the court, the clerk shall notify the court of the accused's failure to comply. At the conclusion of the proceedings in the trial court, the court shall order the clerk to pay to the administrative office of the courts any funds that the clerk collected from the accused. The clerk of the court shall receive a commission of five percent (5%) of the moneys collected for the clerk's services in collecting, handling and making payment pursuant to the order of the court; provided, that in counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the commission shall be ten percent (10%). (g) If a defendant has been ordered to pay all or a portion of the accused's representation pursuant to subsection (d), and if the administrative office of the courts receives funds paid pursuant to subsection (f) that are greater than the total amount which appointed counsel has claimed and has been reimbursed pursuant to Supreme Court Rule 13, then any such excess funds shall be paid to the appointed attorney. (h) No court shall appoint a member of the general assembly as counsel for an indigent defendant unless the judge of the court certifies that no other equally competent attorney is available to represent the defendant. If the judge so certifies, it shall not be considered a conflict of interest for the member to represent the defendant or to be compensated for the representation in the same manner and amount as other court appointed attorneys. (i) (1) Every accused who informs the court that the accused is financially unable to obtain the assistance of counsel shall be required to complete the uniform affidavit of indigency. (2) It is a Class A misdemeanor for any person to intentionally or knowingly misrepresent, falsify or withhold any information required by an affidavit of indigency. (j) Before and during the trial of a criminal matter, the cover sheets that reflect the total fees and expenses paid to defense counsel and that reflect the total amount paid for expert services from public funds for the use in representing an indigent criminal defendant or prosecuting a criminal defendant are a public record. In addition, a record of the total amount paid to an expert from public funds is a public record if the expert has offered evidence and is known to the public because of testimony on the record. Before and during the trial of a criminal matter, detailed attorney fees and expense claims, motions and orders dealing with the authorization of expert services and detailed time sheets of undisclosed experts shall be sealed and unavailable for public inspection. Acts 1965, ch. 217, § 4; 1979, ch. 354, §§ 1, 2; T.C.A., § 40-2017; Acts 1986, ch. 878, §§ 1, 7; 1992, ch. 892, § 1; 1995, ch. 456, § 8; 1996, ch. 865, § 1; 1998, ch. 876, § 1; 2010, ch. 754, §§ 1, 2.
(a) In all felony cases, if the accused is not represented by counsel and the court determines by the manner provided in subsection (b) that the accused is an indigent person who has not competently waived the right to counsel, the court shall appoint to represent the accused either the public defender, if there is one for the county, or, in the absence of a public defender, a competent attorney licensed in this state. The court may call upon any legal aid agency operating in conjunction with an accredited college of law to recommend attorneys for appointment under this part. The court may, upon its own motion or upon application of counsel appointed under this section, name additional attorneys to aid and assist in the defense. Each appointment of counsel shall be denoted by an appropriate entry upon the minutes of the court, which shall state the name of counsel and the date of counsel's appointment, but failure of the court to make such a minute entry shall not in any way invalidate the proceeding if an attorney was in fact appointed. Upon the appointment of an attorney under this section, no further proceeding shall be had until the attorney so appointed has had sufficient opportunity to prepare the case. If the court should determine that the accused is not an indigent person, the court shall then advise the accused with respect to the accused's right to counsel and afford the accused an opportunity to acquire counsel.
(b) Whenever an accused informs the court that the accused is financially unable to obtain the assistance of counsel, it is the duty of the court to conduct a full and complete hearing as to the financial ability of the accused to obtain the assistance of counsel and, thereafter, make a finding as to the indigency of the accused. All statements made by the accused seeking the appointment of counsel shall be by sworn testimony in open court or written affidavit sworn to before the judge.
(c) When making a finding as to the indigency of an accused, the court shall take into consideration: (1) The nature of the services to be rendered; (2) The usual and customary charges of an attorney in the community for rendering like or similar services; (3) The income of the accused regardless of source; (4) The poverty level income guidelines compiled and published by the United States department of labor; (5) The ownership or equity in any real or personal property; (6) The amount of the appearance or appeal bond, whether the party has been able to obtain release by making bond, and, if the party obtained release by making bond, the amount of money paid and the source of the money; and (7) Any other circumstances presented to the court which are relevant to the issue of indigency.
(1) The nature of the services to be rendered;
(2) The usual and customary charges of an attorney in the community for rendering like or similar services;
(3) The income of the accused regardless of source;
(4) The poverty level income guidelines compiled and published by the United States department of labor;
(5) The ownership or equity in any real or personal property;
(6) The amount of the appearance or appeal bond, whether the party has been able to obtain release by making bond, and, if the party obtained release by making bond, the amount of money paid and the source of the money; and
(7) Any other circumstances presented to the court which are relevant to the issue of indigency.
(d) If a social service agency services the criminal justice system of the judicial district, and the court has reasonable cause to believe the accused has the financial resources to employ counsel, the court shall order the agency to conduct an investigation into the financial affairs of the accused and report its findings directly to the court. The court shall consider the contents of the agency's report in making its determination and the report shall be made a part of the record in the cause.
(e) If the court appoints counsel to represent an accused in a felony case under this section or in a misdemeanor case as required by law, but finds the accused is financially able to defray a portion or all of the cost of the accused's representation, the court shall enter an order directing the party to pay into the registry of the clerk of the court any sum that the court determines the accused is able to pay. The sum shall be subject to execution as any other judgment and may also be made a condition of a discharge from probation. The court may provide for payments to be made at intervals, which the court shall establish, and upon terms and conditions as are fair and just. The court may also modify its order when there has been a change in circumstances of the accused.
(f) The clerk of the court shall collect all moneys paid by an accused pursuant to this section. When the accused fails to comply with the orders of the court, the clerk shall notify the court of the accused's failure to comply. At the conclusion of the proceedings in the trial court, the court shall order the clerk to pay to the administrative office of the courts any funds that the clerk collected from the accused. The clerk of the court shall receive a commission of five percent (5%) of the moneys collected for the clerk's services in collecting, handling and making payment pursuant to the order of the court; provided, that in counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the commission shall be ten percent (10%).
(g) If a defendant has been ordered to pay all or a portion of the accused's representation pursuant to subsection (d), and if the administrative office of the courts receives funds paid pursuant to subsection (f) that are greater than the total amount which appointed counsel has claimed and has been reimbursed pursuant to Supreme Court Rule 13, then any such excess funds shall be paid to the appointed attorney.
(h) No court shall appoint a member of the general assembly as counsel for an indigent defendant unless the judge of the court certifies that no other equally competent attorney is available to represent the defendant. If the judge so certifies, it shall not be considered a conflict of interest for the member to represent the defendant or to be compensated for the representation in the same manner and amount as other court appointed attorneys.
(i) (1) Every accused who informs the court that the accused is financially unable to obtain the assistance of counsel shall be required to complete the uniform affidavit of indigency. (2) It is a Class A misdemeanor for any person to intentionally or knowingly misrepresent, falsify or withhold any information required by an affidavit of indigency.
(1) Every accused who informs the court that the accused is financially unable to obtain the assistance of counsel shall be required to complete the uniform affidavit of indigency.
(2) It is a Class A misdemeanor for any person to intentionally or knowingly misrepresent, falsify or withhold any information required by an affidavit of indigency.
(j) Before and during the trial of a criminal matter, the cover sheets that reflect the total fees and expenses paid to defense counsel and that reflect the total amount paid for expert services from public funds for the use in representing an indigent criminal defendant or prosecuting a criminal defendant are a public record. In addition, a record of the total amount paid to an expert from public funds is a public record if the expert has offered evidence and is known to the public because of testimony on the record. Before and during the trial of a criminal matter, detailed attorney fees and expense claims, motions and orders dealing with the authorization of expert services and detailed time sheets of undisclosed experts shall be sealed and unavailable for public inspection.
Acts 1965, ch. 217, § 4; 1979, ch. 354, §§ 1, 2; T.C.A., § 40-2017; Acts 1986, ch. 878, §§ 1, 7; 1992, ch. 892, § 1; 1995, ch. 456, § 8; 1996, ch. 865, § 1; 1998, ch. 876, § 1; 2010, ch. 754, §§ 1, 2.
Tenn. Code Ann. § 40-38-119 — TN Code / Title 40 / Chapter 38 / Section 40-38-119
Rights of victim of a sexually-oriented crime
Status: in_force

(a) As used in this section: (1) "Crime assistance program" includes, but is not limited to, programs that provide appropriate counseling and support to victims; (2) "Sexually-oriented crime" means those crimes listed in § 29-13-118(b) ; and (3) "Victim" means a victim of a sexually-oriented crime. (b) A victim of a sexually-oriented crime has the right, upon request, to: (1) Consult with a crime victim advocate from a crime assistance program or a victim-witness coordinator as provided for in § 8-7-206 at any stage of the criminal proceeding; (2) Have a support person of the victim's choosing present during any forensic medical examination and during any interview with law enforcement, the prosecuting attorney, the defendant, or the defendant's attorney, and to have a support person present in the courtroom when the victim is testifying against the defendant; (3) Be interviewed by a law enforcement officer of the gender of the victim's choosing if reasonably available; (4) Be informed by the appropriate agency of a change in the status of the victim's case, including whether the case has been closed or reopened; (5) Be notified when the investigating agency has received results of the medical forensic evidence DNA analysis from the Tennessee bureau of investigation or other similar qualified laboratory; (6) Be informed of whether a DNA sample was obtained from the analysis and whether the analysis resulted in a match to a DNA profile in state or federal databases unless disclosure would impede or compromise the investigation; and (7) (A) Be informed, upon a victim's request, by the appropriate law enforcement agency at least sixty (60) days before the intended date of destruction or disposal of the victim's sexual assault evidence collection kit evidence or other evidence from an unsolved sexual assault case if the intended date of destruction or disposal is prior to the expiration of the applicable statute of limitations; and (B) Request retention of the evidence for an additional twelve (12) months or for a time period agreed upon by the victim and the appropriate law enforcement agency. (c) The victim has a duty to keep current information regarding the victim's location so that the appropriate agency may be able to contact the victim. Amended by 2022 Tenn. Acts, ch. 1115, s 18, eff. 7/1/2022. Added by 2021 Tenn. Acts, ch. 362, s 9, eff. 5/11/2021.
(a) As used in this section: (1) "Crime assistance program" includes, but is not limited to, programs that provide appropriate counseling and support to victims; (2) "Sexually-oriented crime" means those crimes listed in § 29-13-118(b) ; and (3) "Victim" means a victim of a sexually-oriented crime.
(1) "Crime assistance program" includes, but is not limited to, programs that provide appropriate counseling and support to victims;
(2) "Sexually-oriented crime" means those crimes listed in § 29-13-118(b) ; and
(3) "Victim" means a victim of a sexually-oriented crime.
(b) A victim of a sexually-oriented crime has the right, upon request, to: (1) Consult with a crime victim advocate from a crime assistance program or a victim-witness coordinator as provided for in § 8-7-206 at any stage of the criminal proceeding; (2) Have a support person of the victim's choosing present during any forensic medical examination and during any interview with law enforcement, the prosecuting attorney, the defendant, or the defendant's attorney, and to have a support person present in the courtroom when the victim is testifying against the defendant; (3) Be interviewed by a law enforcement officer of the gender of the victim's choosing if reasonably available; (4) Be informed by the appropriate agency of a change in the status of the victim's case, including whether the case has been closed or reopened; (5) Be notified when the investigating agency has received results of the medical forensic evidence DNA analysis from the Tennessee bureau of investigation or other similar qualified laboratory; (6) Be informed of whether a DNA sample was obtained from the analysis and whether the analysis resulted in a match to a DNA profile in state or federal databases unless disclosure would impede or compromise the investigation; and (7) (A) Be informed, upon a victim's request, by the appropriate law enforcement agency at least sixty (60) days before the intended date of destruction or disposal of the victim's sexual assault evidence collection kit evidence or other evidence from an unsolved sexual assault case if the intended date of destruction or disposal is prior to the expiration of the applicable statute of limitations; and (B) Request retention of the evidence for an additional twelve (12) months or for a time period agreed upon by the victim and the appropriate law enforcement agency.
(1) Consult with a crime victim advocate from a crime assistance program or a victim-witness coordinator as provided for in § 8-7-206 at any stage of the criminal proceeding;
(2) Have a support person of the victim's choosing present during any forensic medical examination and during any interview with law enforcement, the prosecuting attorney, the defendant, or the defendant's attorney, and to have a support person present in the courtroom when the victim is testifying against the defendant;
(3) Be interviewed by a law enforcement officer of the gender of the victim's choosing if reasonably available;
(4) Be informed by the appropriate agency of a change in the status of the victim's case, including whether the case has been closed or reopened;
(5) Be notified when the investigating agency has received results of the medical forensic evidence DNA analysis from the Tennessee bureau of investigation or other similar qualified laboratory;
(6) Be informed of whether a DNA sample was obtained from the analysis and whether the analysis resulted in a match to a DNA profile in state or federal databases unless disclosure would impede or compromise the investigation; and
(7) (A) Be informed, upon a victim's request, by the appropriate law enforcement agency at least sixty (60) days before the intended date of destruction or disposal of the victim's sexual assault evidence collection kit evidence or other evidence from an unsolved sexual assault case if the intended date of destruction or disposal is prior to the expiration of the applicable statute of limitations; and (B) Request retention of the evidence for an additional twelve (12) months or for a time period agreed upon by the victim and the appropriate law enforcement agency.
(A) Be informed, upon a victim's request, by the appropriate law enforcement agency at least sixty (60) days before the intended date of destruction or disposal of the victim's sexual assault evidence collection kit evidence or other evidence from an unsolved sexual assault case if the intended date of destruction or disposal is prior to the expiration of the applicable statute of limitations; and
(B) Request retention of the evidence for an additional twelve (12) months or for a time period agreed upon by the victim and the appropriate law enforcement agency.
(c) The victim has a duty to keep current information regarding the victim's location so that the appropriate agency may be able to contact the victim.
Amended by 2022 Tenn. Acts, ch. 1115, s 18, eff. 7/1/2022.
Added by 2021 Tenn. Acts, ch. 362, s 9, eff. 5/11/2021.
Tenn. Code Ann. § 40-33-212 — TN Code / Title 40 / Chapter 33 / Section 40-33-212
Settlement agreements
Status: in_force

Only the chief administrative officer of the seizing agency, or the officer's designee, shall be permitted to negotiate or enter into any type of settlement agreement or agreements prior to the forfeiture hearing conducted pursuant to § 40-33-210 . In no event shall any officer involved in the seizure of the property be allowed to negotiate or enter into any type of settlement agreement or agreements prior to the forfeiture hearing. All negotiated settlements by any seizing agency are subject to the approval of the chief administrative officer of the applicable agency. Acts 1994, ch. 925, § 1.
Only the chief administrative officer of the seizing agency, or the officer's designee, shall be permitted to negotiate or enter into any type of settlement agreement or agreements prior to the forfeiture hearing conducted pursuant to § 40-33-210 . In no event shall any officer involved in the seizure of the property be allowed to negotiate or enter into any type of settlement agreement or agreements prior to the forfeiture hearing. All negotiated settlements by any seizing agency are subject to the approval of the chief administrative officer of the applicable agency.
Acts 1994, ch. 925, § 1.
Tenn. Code Ann. § 40-11-317 — TN Code / Title 40 / Chapter 11 / Section 40-11-317
Criminal background check - Experience - Bankruptcy
Status: in_force

(a) In addition to any other qualifications required by law, the petition or license application for a person seeking to become a professional bondsman shall have attached to it an affidavit setting forth the criminal history, if any, of the petitioner or applicant. If the affidavit is found to be inaccurate, the petitioner or applicant shall be immediately disqualified as a professional bonding person. In addition, the applicant or petitioner shall submit to a criminal history background check by the Tennessee bureau of investigation as provided for under § 38-6-109 and shall be responsible for any fees for the criminal history background check. The results of the criminal background check shall be submitted by the Tennessee bureau of investigation to the clerks of the court responsible for regulating the activities of the professional bondsman. (b) Any applicant for approval as a bonding company owner shall have had two (2) years' experience writing bail in this state as a full-time qualified agent for a Tennessee professional bonding company in good standing. (c) If a court finds that a bondsman has individually or as a corporation owner been discharged in a bankruptcy proceeding leaving unsatisfied outstanding forfeitures with any court, then the court may order that the bondsman be prohibited from executing bonds, bail or other undertakings as surety in the court. Acts 1998, ch. 663, § 1; 2006, ch. 816, § 1; 2012 , ch. 841, § 1.
(a) In addition to any other qualifications required by law, the petition or license application for a person seeking to become a professional bondsman shall have attached to it an affidavit setting forth the criminal history, if any, of the petitioner or applicant. If the affidavit is found to be inaccurate, the petitioner or applicant shall be immediately disqualified as a professional bonding person. In addition, the applicant or petitioner shall submit to a criminal history background check by the Tennessee bureau of investigation as provided for under § 38-6-109 and shall be responsible for any fees for the criminal history background check. The results of the criminal background check shall be submitted by the Tennessee bureau of investigation to the clerks of the court responsible for regulating the activities of the professional bondsman.
(b) Any applicant for approval as a bonding company owner shall have had two (2) years' experience writing bail in this state as a full-time qualified agent for a Tennessee professional bonding company in good standing.
(c) If a court finds that a bondsman has individually or as a corporation owner been discharged in a bankruptcy proceeding leaving unsatisfied outstanding forfeitures with any court, then the court may order that the bondsman be prohibited from executing bonds, bail or other undertakings as surety in the court.
Acts 1998, ch. 663, § 1; 2006, ch. 816, § 1; 2012 , ch. 841, § 1.
Tenn. Code Ann. § 40-15-102 — TN Code / Title 40 / Chapter 15 / Section 40-15-102
Pretrial diversion meetings
Status: in_force

The parties to any possible criminal trial may meet to discuss the possibility of pretrial diversion as contained in this part. Acts 1975, ch. 352, § 1; T.C.A., § 40-2105.
The parties to any possible criminal trial may meet to discuss the possibility of pretrial diversion as contained in this part.
Acts 1975, ch. 352, § 1; T.C.A., § 40-2105.
Tenn. Code Ann. § 40-14-206 — TN Code / Title 40 / Chapter 14 / Section 40-14-206
Rules to be prescribed by supreme court
Status: in_force

The supreme court shall prescribe by rule the nature of the expenses for which reimbursement may be allowed under this part, and the limitations on and conditions for reimbursement as it deems appropriate and in the public interest, subject to this part. The rules shall also specify the form and content of applications for reimbursement or compensation to be filed under this part. The court may adopt other rules with regard to the accomplishment of the purposes of this part as it deems appropriate in the public interest. The rules shall provide for compensation for appointed counsel, not otherwise compensated, in all cases where appointment of counsel is required by law. Acts 1965, ch. 217, § 9; T.C.A., § 40-2022; Acts 1986, ch. 878, § 2.
The supreme court shall prescribe by rule the nature of the expenses for which reimbursement may be allowed under this part, and the limitations on and conditions for reimbursement as it deems appropriate and in the public interest, subject to this part. The rules shall also specify the form and content of applications for reimbursement or compensation to be filed under this part. The court may adopt other rules with regard to the accomplishment of the purposes of this part as it deems appropriate in the public interest. The rules shall provide for compensation for appointed counsel, not otherwise compensated, in all cases where appointment of counsel is required by law.
Acts 1965, ch. 217, § 9; T.C.A., § 40-2022; Acts 1986, ch. 878, § 2.
Tenn. Code Ann. § 40-30-304 — TN Code / Title 40 / Chapter 30 / Section 40-30-304
Court order if probable that exculpatory results would not have resulted in prosecution or conviction
Status: in_force

After notice to the prosecution and an opportunity to respond, the court shall order DNA analysis if it finds that: (1) A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through DNA analysis; (2) The evidence is still in existence and in such a condition that DNA analysis may be conducted; (3) The evidence was never previously subjected to DNA analysis or was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis; and (4) The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice. Acts 2001, ch. 444, § 1; T.C.A. § 40-30-404.
After notice to the prosecution and an opportunity to respond, the court shall order DNA analysis if it finds that:
(1) A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through DNA analysis;
(2) The evidence is still in existence and in such a condition that DNA analysis may be conducted;
(3) The evidence was never previously subjected to DNA analysis or was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis; and
(4) The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-404.
Tenn. Code Ann. § 40-8-101 — TN Code / Title 40 / Chapter 8 / Section 40-8-101
Offer of reward by governor
Status: in_force

(a) The governor is authorized to offer a reward for information leading to the apprehension, arrest and conviction of a person or persons who have committed, attempted to commit or conspired to commit a criminal offense in this state. Any reward offered shall not exceed the following amounts for the following classification of offenses: (1) Fifty thousand dollars ($50,000) for an offense that is classified as a Class A or B felony; and (2) Five thousand dollars ($5,000) for an offense that is classified as a Class C, D or E felony. (b) The fifty-thousand-dollar and five-thousand-dollar reward maximums imposed by subsection (a) shall apply only to state appropriated funds. The governor may increase the amount of any reward offered by use of funds from the reward pool fund created in this part. (c) When the governor offers a reward pursuant to this section, the governor may place any reasonable conditions upon collection of the reward as the governor deems advisable or necessary. Code 1858, §§ 183, 5335 (deriv. Acts 1805, ch. 44, § 1; 1837-1838, ch. 170, §1); Acts 1881, ch. 157, §§ 1, 2; Shan., §§ 233, 7313; Code 1932, §§ 175, 11915; Acts 1971, ch. 40, §1; 1971, ch. 284, § 1; modified; 1980, ch. 636, § 8; T.C.A. (orig. ed.), §40-901; Acts 1997 , ch. 284, § 4.
(a) The governor is authorized to offer a reward for information leading to the apprehension, arrest and conviction of a person or persons who have committed, attempted to commit or conspired to commit a criminal offense in this state. Any reward offered shall not exceed the following amounts for the following classification of offenses: (1) Fifty thousand dollars ($50,000) for an offense that is classified as a Class A or B felony; and (2) Five thousand dollars ($5,000) for an offense that is classified as a Class C, D or E felony.
(1) Fifty thousand dollars ($50,000) for an offense that is classified as a Class A or B felony; and
(2) Five thousand dollars ($5,000) for an offense that is classified as a Class C, D or E felony.
(b) The fifty-thousand-dollar and five-thousand-dollar reward maximums imposed by subsection (a) shall apply only to state appropriated funds. The governor may increase the amount of any reward offered by use of funds from the reward pool fund created in this part.
(c) When the governor offers a reward pursuant to this section, the governor may place any reasonable conditions upon collection of the reward as the governor deems advisable or necessary.
Code 1858, §§ 183, 5335 (deriv. Acts 1805, ch. 44, § 1; 1837-1838, ch. 170, §1); Acts 1881, ch. 157, §§ 1, 2; Shan., §§ 233, 7313; Code 1932, §§ 175, 11915; Acts 1971, ch. 40, §1; 1971, ch. 284, § 1; modified; 1980, ch. 636, § 8; T.C.A. (orig. ed.), §40-901; Acts 1997 , ch. 284, § 4.
Tenn. Code Ann. § 40-25-123 — TN Code / Title 40 / Chapter 25 / Section 40-25-123
Payment of costs by defendant - Suspension of costs and litigation tax for indigent defendants
Status: in_force

(a) A defendant convicted of a criminal offense shall pay all the costs that have accrued in the cause. (b) Notwithstanding any law to the contrary, the presiding judge of a court of general sessions may suspend the court costs and the litigation tax as required by §§ 67-4-602 - 67-4-606, for any indigent criminal defendant, as in the presiding judge's opinion the equities of the case require. (c) (1) Notwithstanding any law to the contrary, a general sessions or criminal court judge may either: (A) Suspend the court costs and litigation tax as required by §§ 67-4-602 - 67-4-606, for any indigent criminal defendant, as in the judge's opinion the equities of the case require; or (B) Upon the application of an indigent defendant, refer the defendant to the program described in subdivision (c)(2) if the county legislative body has voted to approve such program. Upon certification of the court clerk that the defendant has successfully completed the requirements of subdivision (c)(2), the judge may suspend the court costs and litigation tax as required by §§ 67-4-602 - 67-4-606, for any indigent criminal defendant, as in the judge's opinion the equities of the case require. (2) (A) The court clerk for a general sessions or criminal court may, in the clerk's discretion, submit a request in writing to the county legislative body to implement a program of community service for indigent criminal defendants in lieu of full payment of court costs and litigation taxes. A county legislative body receiving such request shall vote, within thirty (30) days, whether to approve the request. If a county legislative body votes to approve the request pursuant to this subdivision (c)(2)(A), then the clerk may implement the program. (B) Upon referral pursuant to subdivision (c)(1)(B), the clerk may determine whether the defendant qualifies for the program based upon the guidelines adopted by the clerk. The guidelines may include evaluation of the defendant's ability to pay the court costs and litigation taxes. The clerk may remove the defendant from the program at any time due to failure to comply with the program guidelines. The number of applicants accepted and the duration and continuation of the program shall be at the discretion of the clerk. Participation in the community service program established by this subdivision (c)(2) shall not operate to stay a revocation of a license pursuant to § 40-24-105(b) ; nor shall participation in the program operate to stay collection activity pursuant to § 40-24-105(d) for any of the defendant's cases not approved for inclusion by the clerk. Amended by 2018 Tenn. Acts, ch. 884, s 1, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 542, s 1, eff. 3/9/2018. Amended by 2016 Tenn. Acts, ch. 675, s 1, eff. 3/29/2016. Code 1858, § 5583 (deriv. Acts 1813, ch. 136, § 2); Shan., § 7617; Code 1932, § 12244; T.C.A. (orig. ed.), § 40-3325; Acts 1998, ch. 806, § 1.
(a) A defendant convicted of a criminal offense shall pay all the costs that have accrued in the cause.
(b) Notwithstanding any law to the contrary, the presiding judge of a court of general sessions may suspend the court costs and the litigation tax as required by §§ 67-4-602 - 67-4-606, for any indigent criminal defendant, as in the presiding judge's opinion the equities of the case require.
(c) (1) Notwithstanding any law to the contrary, a general sessions or criminal court judge may either: (A) Suspend the court costs and litigation tax as required by §§ 67-4-602 - 67-4-606, for any indigent criminal defendant, as in the judge's opinion the equities of the case require; or (B) Upon the application of an indigent defendant, refer the defendant to the program described in subdivision (c)(2) if the county legislative body has voted to approve such program. Upon certification of the court clerk that the defendant has successfully completed the requirements of subdivision (c)(2), the judge may suspend the court costs and litigation tax as required by §§ 67-4-602 - 67-4-606, for any indigent criminal defendant, as in the judge's opinion the equities of the case require. (2) (A) The court clerk for a general sessions or criminal court may, in the clerk's discretion, submit a request in writing to the county legislative body to implement a program of community service for indigent criminal defendants in lieu of full payment of court costs and litigation taxes. A county legislative body receiving such request shall vote, within thirty (30) days, whether to approve the request. If a county legislative body votes to approve the request pursuant to this subdivision (c)(2)(A), then the clerk may implement the program. (B) Upon referral pursuant to subdivision (c)(1)(B), the clerk may determine whether the defendant qualifies for the program based upon the guidelines adopted by the clerk. The guidelines may include evaluation of the defendant's ability to pay the court costs and litigation taxes. The clerk may remove the defendant from the program at any time due to failure to comply with the program guidelines. The number of applicants accepted and the duration and continuation of the program shall be at the discretion of the clerk. Participation in the community service program established by this subdivision (c)(2) shall not operate to stay a revocation of a license pursuant to § 40-24-105(b) ; nor shall participation in the program operate to stay collection activity pursuant to § 40-24-105(d) for any of the defendant's cases not approved for inclusion by the clerk.
(1) Notwithstanding any law to the contrary, a general sessions or criminal court judge may either: (A) Suspend the court costs and litigation tax as required by §§ 67-4-602 - 67-4-606, for any indigent criminal defendant, as in the judge's opinion the equities of the case require; or (B) Upon the application of an indigent defendant, refer the defendant to the program described in subdivision (c)(2) if the county legislative body has voted to approve such program. Upon certification of the court clerk that the defendant has successfully completed the requirements of subdivision (c)(2), the judge may suspend the court costs and litigation tax as required by §§ 67-4-602 - 67-4-606, for any indigent criminal defendant, as in the judge's opinion the equities of the case require.
(A) Suspend the court costs and litigation tax as required by §§ 67-4-602 - 67-4-606, for any indigent criminal defendant, as in the judge's opinion the equities of the case require; or
(B) Upon the application of an indigent defendant, refer the defendant to the program described in subdivision (c)(2) if the county legislative body has voted to approve such program. Upon certification of the court clerk that the defendant has successfully completed the requirements of subdivision (c)(2), the judge may suspend the court costs and litigation tax as required by §§ 67-4-602 - 67-4-606, for any indigent criminal defendant, as in the judge's opinion the equities of the case require.
(2) (A) The court clerk for a general sessions or criminal court may, in the clerk's discretion, submit a request in writing to the county legislative body to implement a program of community service for indigent criminal defendants in lieu of full payment of court costs and litigation taxes. A county legislative body receiving such request shall vote, within thirty (30) days, whether to approve the request. If a county legislative body votes to approve the request pursuant to this subdivision (c)(2)(A), then the clerk may implement the program. (B) Upon referral pursuant to subdivision (c)(1)(B), the clerk may determine whether the defendant qualifies for the program based upon the guidelines adopted by the clerk. The guidelines may include evaluation of the defendant's ability to pay the court costs and litigation taxes. The clerk may remove the defendant from the program at any time due to failure to comply with the program guidelines. The number of applicants accepted and the duration and continuation of the program shall be at the discretion of the clerk. Participation in the community service program established by this subdivision (c)(2) shall not operate to stay a revocation of a license pursuant to § 40-24-105(b) ; nor shall participation in the program operate to stay collection activity pursuant to § 40-24-105(d) for any of the defendant's cases not approved for inclusion by the clerk.
(A) The court clerk for a general sessions or criminal court may, in the clerk's discretion, submit a request in writing to the county legislative body to implement a program of community service for indigent criminal defendants in lieu of full payment of court costs and litigation taxes. A county legislative body receiving such request shall vote, within thirty (30) days, whether to approve the request. If a county legislative body votes to approve the request pursuant to this subdivision (c)(2)(A), then the clerk may implement the program.
(B) Upon referral pursuant to subdivision (c)(1)(B), the clerk may determine whether the defendant qualifies for the program based upon the guidelines adopted by the clerk. The guidelines may include evaluation of the defendant's ability to pay the court costs and litigation taxes. The clerk may remove the defendant from the program at any time due to failure to comply with the program guidelines. The number of applicants accepted and the duration and continuation of the program shall be at the discretion of the clerk. Participation in the community service program established by this subdivision (c)(2) shall not operate to stay a revocation of a license pursuant to § 40-24-105(b) ; nor shall participation in the program operate to stay collection activity pursuant to § 40-24-105(d) for any of the defendant's cases not approved for inclusion by the clerk.
Amended by 2018 Tenn. Acts, ch. 884, s 1, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 542, s 1, eff. 3/9/2018.
Amended by 2016 Tenn. Acts, ch. 675, s 1, eff. 3/29/2016.
Code 1858, § 5583 (deriv. Acts 1813, ch. 136, § 2); Shan., § 7617; Code 1932, § 12244; T.C.A. (orig. ed.), § 40-3325; Acts 1998, ch. 806, § 1.
Tenn. Code Ann. § 40-38-507 — TN Code / Title 40 / Chapter 38 / Section 40-38-507
Criminal proceedings notification system
Status: in_force

(a) As an extension of the existing victim notification system created by this part, the Tennessee sheriffs' association shall establish a criminal proceedings notification system as a pilot program for the purpose of increasing the transparency and efficiency of the criminal justice process by providing timely information about each stage of the criminal process to interested parties. (b) The information in the criminal proceedings notification system must be available twenty-four (24) hours per day over the telephone, through the internet, or by email. Any interested party may register with the Tennessee sheriffs' association to be automatically notified: (1) At least twenty-four (24) hours before any hearing in the matter for which the person registered, including, but not limited to, bail hearing, pretrial hearings, trial, and sentencing. The notice must include information on what type of hearing will occur and the date, time, and location for the hearing; and (2) No more than twenty-four (24) hours after a hearing was conducted in the matter for which the person registered. The notice must include information on whether the hearing occurred as scheduled and, if so, a brief summary of the outcome of the hearing. (c) Funding for the criminal proceedings notification system must be appropriated by the general assembly, and moneys from the statewide automated victim information and notification system fund created in § 67-4-602(h)(2) must not be used for the criminal proceedings notification system. (d) The pilot program established by this section begins July 1, 2022, and ends June 30, 2025. Added by 2022 Tenn. Acts, ch. 1140, s 1, eff. 6/3/2022.
(a) As an extension of the existing victim notification system created by this part, the Tennessee sheriffs' association shall establish a criminal proceedings notification system as a pilot program for the purpose of increasing the transparency and efficiency of the criminal justice process by providing timely information about each stage of the criminal process to interested parties.
(b) The information in the criminal proceedings notification system must be available twenty-four (24) hours per day over the telephone, through the internet, or by email. Any interested party may register with the Tennessee sheriffs' association to be automatically notified: (1) At least twenty-four (24) hours before any hearing in the matter for which the person registered, including, but not limited to, bail hearing, pretrial hearings, trial, and sentencing. The notice must include information on what type of hearing will occur and the date, time, and location for the hearing; and (2) No more than twenty-four (24) hours after a hearing was conducted in the matter for which the person registered. The notice must include information on whether the hearing occurred as scheduled and, if so, a brief summary of the outcome of the hearing.
(1) At least twenty-four (24) hours before any hearing in the matter for which the person registered, including, but not limited to, bail hearing, pretrial hearings, trial, and sentencing. The notice must include information on what type of hearing will occur and the date, time, and location for the hearing; and
(2) No more than twenty-four (24) hours after a hearing was conducted in the matter for which the person registered. The notice must include information on whether the hearing occurred as scheduled and, if so, a brief summary of the outcome of the hearing.
(c) Funding for the criminal proceedings notification system must be appropriated by the general assembly, and moneys from the statewide automated victim information and notification system fund created in § 67-4-602(h)(2) must not be used for the criminal proceedings notification system.
(d) The pilot program established by this section begins July 1, 2022, and ends June 30, 2025.
Added by 2022 Tenn. Acts, ch. 1140, s 1, eff. 6/3/2022.
Tenn. Code Ann. § 40-27-108 — TN Code / Title 40 / Chapter 27 / Section 40-27-108
Restoration of citizenship on pardon of manslaughter
Status: in_force

Any person convicted of the offense of manslaughter and pardoned by the governor is thereby restored to all the rights of citizenship to which the person was entitled previous to conviction. Code 1858, § 5260 (deriv. Acts 1843-1844, ch. 13); Shan., § 7235; Code 1932, §11841; T.C.A. (orig. ed.), § 40-3508.
Any person convicted of the offense of manslaughter and pardoned by the governor is thereby restored to all the rights of citizenship to which the person was entitled previous to conviction.
Code 1858, § 5260 (deriv. Acts 1843-1844, ch. 13); Shan., § 7235; Code 1932, §11841; T.C.A. (orig. ed.), § 40-3508.
Tenn. Code Ann. § 40-9-121 — TN Code / Title 40 / Chapter 9 / Section 40-9-121
Demand for fugitive from Tennessee
Status: in_force

(a) The governor of this state may demand of the executive authority of any other state or territory, any fugitive from justice, or other person charged with treason, felony or other crime in this state and may appoint an agent to demand and receive the person and return the person to this state. (b) When it is desired to have returned to this state a person charged in this state with a crime, and the person is imprisoned or is held under criminal proceedings then pending against the person in another state or territory, or the District of Columbia, the governor of this state may agree with the executive authority of the other state or territory for the extradition of the person before the conclusion of the proceedings or the person's term of sentence in the other state or territory, or the District of Columbia, upon condition that the person be returned to the other state or territory at the expense of this state as soon as the prosecution in this state is terminated. (c) The governor of this state may also surrender on demand of the executive authority of any other state or territory, any person in this state who is charged in the manner provided in this chapter with having violated the laws of the state or territory whose executive authority is making the demand, even though the person left the demanding state involuntarily. Code 1858, §§ 185, 5340 (deriv. Acts 1847-1848, ch. 121); Shan., §§ 235, 7318; Code 1932, §§ 177, 11920; mod. C. Supp. 1950, § 11924.1; Acts 1967, ch. 270, § 1; 1968, ch. 618, § 1; T.C.A. (orig. ed.), § 40-1023.
(a) The governor of this state may demand of the executive authority of any other state or territory, any fugitive from justice, or other person charged with treason, felony or other crime in this state and may appoint an agent to demand and receive the person and return the person to this state.
(b) When it is desired to have returned to this state a person charged in this state with a crime, and the person is imprisoned or is held under criminal proceedings then pending against the person in another state or territory, or the District of Columbia, the governor of this state may agree with the executive authority of the other state or territory for the extradition of the person before the conclusion of the proceedings or the person's term of sentence in the other state or territory, or the District of Columbia, upon condition that the person be returned to the other state or territory at the expense of this state as soon as the prosecution in this state is terminated.
(c) The governor of this state may also surrender on demand of the executive authority of any other state or territory, any person in this state who is charged in the manner provided in this chapter with having violated the laws of the state or territory whose executive authority is making the demand, even though the person left the demanding state involuntarily.
Code 1858, §§ 185, 5340 (deriv. Acts 1847-1848, ch. 121); Shan., §§ 235, 7318; Code 1932, §§ 177, 11920; mod. C. Supp. 1950, § 11924.1; Acts 1967, ch. 270, § 1; 1968, ch. 618, § 1; T.C.A. (orig. ed.), § 40-1023.
Tenn. Code Ann. § 40-20-206 — TN Code / Title 40 / Chapter 20 / Section 40-20-206
Release to division of community services upon completion - Revocation of release
Status: in_force

Notwithstanding any other provision of the law to the contrary, upon successful completion of a special alternative incarceration program, an offender shall be released to the supervision of the division of community services for the department of correction under the terms and conditions imposed by the department for the balance of the original sentence imposed by the trial court. Should an offender fail to comply with the terms and conditions of supervision imposed by the department after successful completion of the program, the release on supervision may be revoked by the trial judge pursuant to § 40-35-311 . Acts 1989, ch. 217, § 7; 1990, ch. 720, § 2.
Notwithstanding any other provision of the law to the contrary, upon successful completion of a special alternative incarceration program, an offender shall be released to the supervision of the division of community services for the department of correction under the terms and conditions imposed by the department for the balance of the original sentence imposed by the trial court. Should an offender fail to comply with the terms and conditions of supervision imposed by the department after successful completion of the program, the release on supervision may be revoked by the trial judge pursuant to § 40-35-311 .
Acts 1989, ch. 217, § 7; 1990, ch. 720, § 2.
Tenn. Code Ann. § 40-25-127 — TN Code / Title 40 / Chapter 25 / Section 40-25-127
Taxing of costs on abandonment of prosecution
Status: in_force

If any person commences a criminal prosecution against any individual, either by warrant from a judge of the general sessions court, or otherwise, and shall afterwards willfully abandon the criminal prosecution, the court having jurisdiction of the cause shall have power to tax the prosecutor with the costs. Acts 1871, ch. 19, § 1; Shan., § 7613; Code 1932, §12241; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-3329.
If any person commences a criminal prosecution against any individual, either by warrant from a judge of the general sessions court, or otherwise, and shall afterwards willfully abandon the criminal prosecution, the court having jurisdiction of the cause shall have power to tax the prosecutor with the costs.
Acts 1871, ch. 19, § 1; Shan., § 7613; Code 1932, §12241; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-3329.
Tenn. Code Ann. § 40-38-112 — TN Code / Title 40 / Chapter 38 / Section 40-38-112
Responsibilities of office of the prosecuting attorney - Duty of victim
Status: in_force

(a) After indictment, presentment or information, the office of the prosecuting attorney, through the victim witness coordinator, shall provide the victim with the following information: (1) The procedural steps involved in a criminal prosecution; (2) Dates, times and places of all proceedings involving the victim's case; (3) The availability of victim's compensation benefits; and (4) Forms to invoke compensation benefits and other rights. (b) The victim has a duty to keep current information regarding the victim's location so that the victim-witness coordinator may be able to contact the victim, if necessary. Acts 2000, ch. 790, § 2.
(a) After indictment, presentment or information, the office of the prosecuting attorney, through the victim witness coordinator, shall provide the victim with the following information: (1) The procedural steps involved in a criminal prosecution; (2) Dates, times and places of all proceedings involving the victim's case; (3) The availability of victim's compensation benefits; and (4) Forms to invoke compensation benefits and other rights.
(1) The procedural steps involved in a criminal prosecution;
(2) Dates, times and places of all proceedings involving the victim's case;
(3) The availability of victim's compensation benefits; and
(4) Forms to invoke compensation benefits and other rights.
(b) The victim has a duty to keep current information regarding the victim's location so that the victim-witness coordinator may be able to contact the victim, if necessary.
Acts 2000, ch. 790, § 2.
Tenn. Code Ann. § 40-13-203 — TN Code / Title 40 / Chapter 13 / Section 40-13-203
Certainty as to person charged
Status: in_force

The indictment must be certain as to the person charged; but when the person's name is unknown to the grand jury, it may be so alleged without further identification or the person may be indicted under any name by which the person is generally known. Code 1858, § 5116; Shan., § 7079; mod. Code 1932, § 11625; T.C.A. (orig. ed.), § 40-1803.
The indictment must be certain as to the person charged; but when the person's name is unknown to the grand jury, it may be so alleged without further identification or the person may be indicted under any name by which the person is generally known.
Code 1858, § 5116; Shan., § 7079; mod. Code 1932, § 11625; T.C.A. (orig. ed.), § 40-1803.
Tenn. Code Ann. § 40-11-110 — TN Code / Title 40 / Chapter 11 / Section 40-11-110
Bail for material witness
Status: in_force

(a) If it appears by affidavit that the testimony of a person is material in any criminal proceeding and if it is shown that the witness has refused or will refuse to respond to process, the court may require the witness to give bail under § 40-11-117 or § 40-11-122 for appearance as a witness, in an amount fixed by the court. (b) If the person fails to give bail, the court may commit the person to the custody of the sheriff, pending final disposition of the proceeding in which the testimony is needed, may order the person's release if the person has been detained for an unreasonable length of time, and may modify at any time the requirement as to bail. (c) If the person does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited as provided in § 40-11-120 or § 40-11-139 . Acts 1978, ch. 506, § 10; T.C.A., § 40-1210.
(a) If it appears by affidavit that the testimony of a person is material in any criminal proceeding and if it is shown that the witness has refused or will refuse to respond to process, the court may require the witness to give bail under § 40-11-117 or § 40-11-122 for appearance as a witness, in an amount fixed by the court.
(b) If the person fails to give bail, the court may commit the person to the custody of the sheriff, pending final disposition of the proceeding in which the testimony is needed, may order the person's release if the person has been detained for an unreasonable length of time, and may modify at any time the requirement as to bail.
(c) If the person does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited as provided in § 40-11-120 or § 40-11-139 .
Acts 1978, ch. 506, § 10; T.C.A., § 40-1210.
Tenn. Code Ann. § 40-13-105 — TN Code / Title 40 / Chapter 13 / Section 40-13-105
Concurrence in true bill
Status: in_force

An indictment cannot be found without the concurrence of at least twelve (12) grand jurors and, when so found, shall be endorsed a "true bill," and the endorsement signed by the foreman. Code 1858, § 5093; Shan., § 7055; Code 1932, § 11600; T.C.A. (orig. ed.), § 40-1706.
An indictment cannot be found without the concurrence of at least twelve (12) grand jurors and, when so found, shall be endorsed a "true bill," and the endorsement signed by the foreman.
Code 1858, § 5093; Shan., § 7055; Code 1932, § 11600; T.C.A. (orig. ed.), § 40-1706.
Tenn. Code Ann. § 40-35-115 — TN Code / Title 40 / Chapter 35 / Section 40-35-115
Multiple convictions
Status: in_force

(a) If a defendant is convicted of more than one (1) criminal offense, the court shall order sentences to run consecutively or concurrently as provided by the criteria in this section. (b) The court may order sentences to run consecutively if the court finds by a preponderance of the evidence that: (1) The defendant is a professional criminal who has knowingly devoted the defendant's life to criminal acts as a major source of livelihood; (2) The defendant is an offender whose record of criminal activity is extensive; (3) The defendant is a dangerous mentally abnormal person so declared by a competent psychiatrist who concludes as a result of an investigation prior to sentencing that the defendant's criminal conduct has been characterized by a pattern of repetitive or compulsive behavior with heedless indifference to consequences; (4) The defendant is a dangerous offender whose behavior indicates little or no regard for human life and no hesitation about committing a crime in which the risk to human life is high; (5) The defendant is convicted of two (2) or more statutory offenses involving sexual abuse of a minor with consideration of the aggravating circumstances arising from the relationship between the defendant and victim or victims, the time span of defendant's undetected sexual activity, the nature and scope of the sexual acts and the extent of the residual, physical and mental damage to the victim or victims; (6) The defendant is sentenced for an offense committed while on probation; (7) The defendant is sentenced for criminal contempt; (8) The defendant is convicted of two (2) or more offenses involving sexual exploitation of an elderly or vulnerable adult with consideration of the aggravating circumstances arising from the relationship between the defendant and victim, the nature and scope of the sexual acts, and the extent of the physical and mental damage to the victim; (9) The defendant was incarcerated at the time of the offense and is convicted of an offense enumerated in § 39-16-202(a)(2) ; or (10) The defendant is convicted of two (2) or more offenses involving more than one (1) victim, irrespective of whether the multiple offenses were part of a single criminal episode, and the court finds that a separate consecutive sentence for each offense is in the interest of justice. (c) The finding concerning the imposition of consecutive or concurrent sentences is appealable by either party. (d) Sentences shall be ordered to run concurrently if the criteria noted in subsection (b) are not met, unless consecutive sentences are specifically required by statute or the Tennessee Rules of Criminal Procedure. Amended by 2023 Tenn. Acts, ch. 481, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 347, s 2, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 500, s 15, eff. 10/1/2021. Acts 1989, ch. 591, § 6; 1990, ch. 980, §§ 31, 32.
(a) If a defendant is convicted of more than one (1) criminal offense, the court shall order sentences to run consecutively or concurrently as provided by the criteria in this section.
(b) The court may order sentences to run consecutively if the court finds by a preponderance of the evidence that: (1) The defendant is a professional criminal who has knowingly devoted the defendant's life to criminal acts as a major source of livelihood; (2) The defendant is an offender whose record of criminal activity is extensive; (3) The defendant is a dangerous mentally abnormal person so declared by a competent psychiatrist who concludes as a result of an investigation prior to sentencing that the defendant's criminal conduct has been characterized by a pattern of repetitive or compulsive behavior with heedless indifference to consequences; (4) The defendant is a dangerous offender whose behavior indicates little or no regard for human life and no hesitation about committing a crime in which the risk to human life is high; (5) The defendant is convicted of two (2) or more statutory offenses involving sexual abuse of a minor with consideration of the aggravating circumstances arising from the relationship between the defendant and victim or victims, the time span of defendant's undetected sexual activity, the nature and scope of the sexual acts and the extent of the residual, physical and mental damage to the victim or victims; (6) The defendant is sentenced for an offense committed while on probation; (7) The defendant is sentenced for criminal contempt; (8) The defendant is convicted of two (2) or more offenses involving sexual exploitation of an elderly or vulnerable adult with consideration of the aggravating circumstances arising from the relationship between the defendant and victim, the nature and scope of the sexual acts, and the extent of the physical and mental damage to the victim; (9) The defendant was incarcerated at the time of the offense and is convicted of an offense enumerated in § 39-16-202(a)(2) ; or (10) The defendant is convicted of two (2) or more offenses involving more than one (1) victim, irrespective of whether the multiple offenses were part of a single criminal episode, and the court finds that a separate consecutive sentence for each offense is in the interest of justice.
(1) The defendant is a professional criminal who has knowingly devoted the defendant's life to criminal acts as a major source of livelihood;
(2) The defendant is an offender whose record of criminal activity is extensive;
(3) The defendant is a dangerous mentally abnormal person so declared by a competent psychiatrist who concludes as a result of an investigation prior to sentencing that the defendant's criminal conduct has been characterized by a pattern of repetitive or compulsive behavior with heedless indifference to consequences;
(4) The defendant is a dangerous offender whose behavior indicates little or no regard for human life and no hesitation about committing a crime in which the risk to human life is high;
(5) The defendant is convicted of two (2) or more statutory offenses involving sexual abuse of a minor with consideration of the aggravating circumstances arising from the relationship between the defendant and victim or victims, the time span of defendant's undetected sexual activity, the nature and scope of the sexual acts and the extent of the residual, physical and mental damage to the victim or victims;
(6) The defendant is sentenced for an offense committed while on probation;
(7) The defendant is sentenced for criminal contempt;
(8) The defendant is convicted of two (2) or more offenses involving sexual exploitation of an elderly or vulnerable adult with consideration of the aggravating circumstances arising from the relationship between the defendant and victim, the nature and scope of the sexual acts, and the extent of the physical and mental damage to the victim;
(9) The defendant was incarcerated at the time of the offense and is convicted of an offense enumerated in § 39-16-202(a)(2) ; or
(10) The defendant is convicted of two (2) or more offenses involving more than one (1) victim, irrespective of whether the multiple offenses were part of a single criminal episode, and the court finds that a separate consecutive sentence for each offense is in the interest of justice.
(c) The finding concerning the imposition of consecutive or concurrent sentences is appealable by either party.
(d) Sentences shall be ordered to run concurrently if the criteria noted in subsection (b) are not met, unless consecutive sentences are specifically required by statute or the Tennessee Rules of Criminal Procedure.
Amended by 2023 Tenn. Acts, ch. 481, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 347, s 2, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 500, s 15, eff. 10/1/2021.
Acts 1989, ch. 591, § 6; 1990, ch. 980, §§ 31, 32.
Tenn. Code Ann. § 40-28-118 — TN Code / Title 40 / Chapter 28 / Section 40-28-118
Determination as to paroles - Supervision of parolees
Status: in_force

(a) Subject to other provisions of law, the board is charged with the duty of determining what prisoners serving a felony sentence of more than two (2) years or consecutive felony sentences equaling a term greater than two (2) years in state prisons, jails and county workhouses may be released on parole and when and under what conditions. (b) When the director of probation and parole issues a warrant for the retaking of a parolee pursuant to § 40-28-607 , the board is charged with determining whether violation of parole conditions exists in specific cases and of deciding the action to be taken in reference to the violation. (c) It is also the duty of the members of the board to study the prisoners confined in the prisons, workhouses and jails when they are eligible for parole consideration so as to determine their ultimate fitness to be paroled. Acts 1937, ch. 276, § 6; C. Supp. 1950, § 11818.6 (Williams, § 11843.6); Acts 1961, ch. 93, § 12; 1974, ch. 624, § 6; 1977, ch. 22, § 1; 1979, ch. 359, § 19; T.C.A. (orig. ed.), § 40-3615; Acts 1989, ch. 227, §§ 34-36; 1990, ch. 729, § 3; 1998, ch. 1049, §§ 23, 25; 2012 , ch. 727, § 25.
(a) Subject to other provisions of law, the board is charged with the duty of determining what prisoners serving a felony sentence of more than two (2) years or consecutive felony sentences equaling a term greater than two (2) years in state prisons, jails and county workhouses may be released on parole and when and under what conditions.
(b) When the director of probation and parole issues a warrant for the retaking of a parolee pursuant to § 40-28-607 , the board is charged with determining whether violation of parole conditions exists in specific cases and of deciding the action to be taken in reference to the violation.
(c) It is also the duty of the members of the board to study the prisoners confined in the prisons, workhouses and jails when they are eligible for parole consideration so as to determine their ultimate fitness to be paroled.
Acts 1937, ch. 276, § 6; C. Supp. 1950, § 11818.6 (Williams, § 11843.6); Acts 1961, ch. 93, § 12; 1974, ch. 624, § 6; 1977, ch. 22, § 1; 1979, ch. 359, § 19; T.C.A. (orig. ed.), § 40-3615; Acts 1989, ch. 227, §§ 34-36; 1990, ch. 729, § 3; 1998, ch. 1049, §§ 23, 25; 2012 , ch. 727, § 25.
Tenn. Code Ann. § 40-30-301 — TN Code / Title 40 / Chapter 30 / Section 40-30-301
Short title
Status: in_force

This part shall be known and may be cited as the "Post-Conviction DNA Analysis Act of 2001." Acts 2001, ch. 444, § 1; T.C.A. § 40-30-401.
This part shall be known and may be cited as the "Post-Conviction DNA Analysis Act of 2001."
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-401.
Tenn. Code Ann. § 40-11-215 — TN Code / Title 40 / Chapter 11 / Section 40-11-215
Redemption of property
Status: in_force

(a) The owner or owners of the property sold and bought by the state under §§ 40-11-206 - 40-11-215 shall be entitled to redeem the property within two (2) years from the date of the sale by paying the amount for which the property was purchased by the state, together with all costs of the sale, and six percent (6%) interest on the purchase price and costs. (b) The redemption shall be made by paying the funds to the clerk of the court in the county in which the forfeiture was originally taken. The clerk shall thereupon issue to the party a certificate of redemption, which certificate shall divest all title of the state in and to the lands. (c) A report of all lands so redeemed shall be made monthly to the commissioner of finance and administration, accompanied by the sums paid for the redemption. (d) If the lands are not redeemed within the period of two (2) years, title thereto shall vest absolutely in the state, and the state shall have the right to convey the title to any purchaser who shall pay the amount of the purchase price and costs, and interest thereon from the date of sale. Any deeds, however, after the redemption period has expired, shall be made by the commissioner of finance and administration. Acts 1921, ch. 140, § 4; Shan. Supp., §§ 7148a10-7148a13; Code 1932, §§ 11707-11710; impl. am. Acts 1937, ch. 33, § 24; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), §§ 40-1315--40-1318; Acts 2005, ch. 429, § 11.
(a) The owner or owners of the property sold and bought by the state under §§ 40-11-206 - 40-11-215 shall be entitled to redeem the property within two (2) years from the date of the sale by paying the amount for which the property was purchased by the state, together with all costs of the sale, and six percent (6%) interest on the purchase price and costs.
(b) The redemption shall be made by paying the funds to the clerk of the court in the county in which the forfeiture was originally taken. The clerk shall thereupon issue to the party a certificate of redemption, which certificate shall divest all title of the state in and to the lands.
(c) A report of all lands so redeemed shall be made monthly to the commissioner of finance and administration, accompanied by the sums paid for the redemption.
(d) If the lands are not redeemed within the period of two (2) years, title thereto shall vest absolutely in the state, and the state shall have the right to convey the title to any purchaser who shall pay the amount of the purchase price and costs, and interest thereon from the date of sale. Any deeds, however, after the redemption period has expired, shall be made by the commissioner of finance and administration.
Acts 1921, ch. 140, § 4; Shan. Supp., §§ 7148a10-7148a13; Code 1932, §§ 11707-11710; impl. am. Acts 1937, ch. 33, § 24; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), §§ 40-1315--40-1318; Acts 2005, ch. 429, § 11.
Tenn. Code Ann. § 40-5-102 — TN Code / Title 40 / Chapter 5 / Section 40-5-102
Officials who are magistrates
Status: in_force

The following are magistrates within the meaning of this part: (1) The judges of the supreme court; (2) The judges of the circuit and criminal courts; (3) Judicial commissioners; (4) Judges of the courts of general sessions; (5) City judges in cities and towns; and (6) Judges of juvenile courts. Code 1858, § 5016; Shan., § 6975; Code 1932, § 11514; Acts 1978, ch. 933, § 3; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-603; Acts 1993, ch. 115, § 5; 1993, ch. 241, § 65.
The following are magistrates within the meaning of this part:
(1) The judges of the supreme court;
(2) The judges of the circuit and criminal courts;
(3) Judicial commissioners;
(4) Judges of the courts of general sessions;
(5) City judges in cities and towns; and
(6) Judges of juvenile courts.
Code 1858, § 5016; Shan., § 6975; Code 1932, § 11514; Acts 1978, ch. 933, § 3; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-603; Acts 1993, ch. 115, § 5; 1993, ch. 241, § 65.
Tenn. Code Ann. § 40-30-201 — TN Code / Title 40 / Chapter 30 / Section 40-30-201
Short title
Status: in_force

This part shall be known and may be cited as the "Post-Conviction Defender Oversight Commission Act of 2011." Acts 1995, ch. 510, § 1; T.C.A. § 40-30-301 ; Acts 2011, ch. 414, § 4.
This part shall be known and may be cited as the "Post-Conviction Defender Oversight Commission Act of 2011."
Acts 1995, ch. 510, § 1; T.C.A. § 40-30-301 ; Acts 2011, ch. 414, § 4.
Tenn. Code Ann. § 40-18-114 — TN Code / Title 40 / Chapter 18 / Section 40-18-114
Assessment of fine by jury
Status: in_force

Where an indictable offense is punished by fine, or by fine and imprisonment, the jury shall assess the fine, if, in its opinion, the offense merits a fine over fifty dollars ($50.00). Code 1858, §5237; Shan., § 7212; Code 1932, § 11799; T.C.A. (orig. ed.), § 40-2525.
Where an indictable offense is punished by fine, or by fine and imprisonment, the jury shall assess the fine, if, in its opinion, the offense merits a fine over fifty dollars ($50.00).
Code 1858, §5237; Shan., § 7212; Code 1932, § 11799; T.C.A. (orig. ed.), § 40-2525.
Tenn. Code Ann. § 40-6-305 — TN Code / Title 40 / Chapter 6 / Section 40-6-305
Interception of communications for evidence of certain crimes
Status: in_force

A district attorney general may apply to a judge of competent jurisdiction for, and the judge may grant, in conformity with § 40-6-304 , an order authorizing the interception of wire, oral, or electronic communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made when interception may provide evidence of: (1) The commission of criminal homicide, as defined in § 39-13-201 ; (2) Criminal conspiracy, as defined in § 39-12-103 , to commit criminal homicide; (3) The commission of a violation of § 39-17-417(j) ; (4) The commission of, or conspiracy to commit, a criminal gang offense by a criminal gang member, as defined in § 40-35-121 ; or (5) The commission of trafficking a person for a commercial sex act, as defined in § 39-13-309 . Amended by 2015 Tenn. Acts, ch. 435,s 1, eff. 7/1/2015. Acts 1994, ch. 964, § 6; 1996, ch. 680, § 1; 2011, ch. 493, § 1.
A district attorney general may apply to a judge of competent jurisdiction for, and the judge may grant, in conformity with § 40-6-304 , an order authorizing the interception of wire, oral, or electronic communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made when interception may provide evidence of:
(1) The commission of criminal homicide, as defined in § 39-13-201 ;
(2) Criminal conspiracy, as defined in § 39-12-103 , to commit criminal homicide;
(3) The commission of a violation of § 39-17-417(j) ;
(4) The commission of, or conspiracy to commit, a criminal gang offense by a criminal gang member, as defined in § 40-35-121 ; or
(5) The commission of trafficking a person for a commercial sex act, as defined in § 39-13-309 .
Amended by 2015 Tenn. Acts, ch. 435,s 1, eff. 7/1/2015.
Acts 1994, ch. 964, § 6; 1996, ch. 680, § 1; 2011, ch. 493, § 1.
Tenn. Code Ann. § 40-4-111 — TN Code / Title 40 / Chapter 4 / Section 40-4-111
Bail pending appeal
Status: in_force

The defendant obtaining writs of certiorari and supersedeas may be discharged from custody upon giving bond and security for the defendant's appearance before the district or criminal court as in other misdemeanor cases. Code 1858, § 5013 (deriv. Acts 1847-1848, ch. 55, § 23); Shan., §6972; Code 1932, § 11511; T.C.A. (orig. ed.), § 40-415.
The defendant obtaining writs of certiorari and supersedeas may be discharged from custody upon giving bond and security for the defendant's appearance before the district or criminal court as in other misdemeanor cases.
Code 1858, § 5013 (deriv. Acts 1847-1848, ch. 55, § 23); Shan., §6972; Code 1932, § 11511; T.C.A. (orig. ed.), § 40-415.
Tenn. Code Ann. § 40-6-111 — TN Code / Title 40 / Chapter 6 / Section 40-6-111
Searches of medical records and test
Status: in_force

A law enforcement officer may execute a search warrant for medical records or a test to determine the alcohol or drug content, or both, of a person's blood anywhere in this state. Added by 2024 Tenn. Acts, ch. 892,s 1, eff. 5/1/2024.
A law enforcement officer may execute a search warrant for medical records or a test to determine the alcohol or drug content, or both, of a person's blood anywhere in this state.
Added by 2024 Tenn. Acts, ch. 892,s 1, eff. 5/1/2024.
Tenn. Code Ann. § 40-30-101 — TN Code / Title 40 / Chapter 30 / Section 40-30-101
Short title
Status: in_force

This part shall be known and may be referred to as the "Post-Conviction Procedure Act." Acts 1995, ch. 207, § 1; T.C.A. § 40-30-201 .
This part shall be known and may be referred to as the "Post-Conviction Procedure Act."
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-201 .
Tenn. Code Ann. § 40-34-104 — TN Code / Title 40 / Chapter 34 / Section 40-34-104
Coordination of contract sentencing program
Status: in_force

The governor shall appoint a person to coordinate the contract sentencing program whose duties shall include acting as spokesperson and advocate for prisoners. The coordinator shall receive reasonable compensation for the work and reimbursements for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter, pursuant to § 4-3-1008 . Acts 1979, ch. 386, § 1; T.C.A., § 40-4204.
The governor shall appoint a person to coordinate the contract sentencing program whose duties shall include acting as spokesperson and advocate for prisoners. The coordinator shall receive reasonable compensation for the work and reimbursements for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter, pursuant to § 4-3-1008 .
Acts 1979, ch. 386, § 1; T.C.A., § 40-4204.
Tenn. Code Ann. § 40-23-116 — TN Code / Title 40 / Chapter 23 / Section 40-23-116
Manner of executing sentence of death - Witnesses
Status: in_force

(a) In all cases in which the sentence of death has been passed upon any person by the courts of this state, it is the duty of the sheriff of the county in which the sentence of death has been passed to remove the person so sentenced to death from that county to the state penitentiary in which the death chamber is located, within a reasonable time before the date fixed for the execution of the death sentence in the judgment and mandate of the court pronouncing the death sentence. On the date fixed for the execution in the judgment and mandate of the court, the warden of the state penitentiary in which the death chamber is located shall cause the death sentence to be carried out within an enclosure to be prepared for that purpose in strict seclusion and privacy. The only witnesses entitled to be present at the carrying out of the death sentence are: (1) The warden of the state penitentiary or the warden's duly authorized deputy; (2) The sheriff of the county in which the crime was committed; (3) A member of the clergy who has been preparing the condemned person for death; (4) The prison physician; (5) Attendants chosen and selected by the warden of the state penitentiary as may be necessary to properly carry out the execution of the death sentence; (6) A total of seven (7) members of the print, radio and television news media selected in accordance with the rules and regulations promulgated by the department of correction. Those news media members allowed to attend any execution of a sentence of death shall make available coverage of the execution to other news media members not selected to attend; (7) (A) Immediate family members of the victim who are eighteen (18) years of age or older. Immediate family members shall include the spouse, child by birth or adoption, stepchild, stepparent, parent, grandparent or sibling of the victim; provided, that members of the family of the condemned prisoner may be present and witness the execution; (B) Where there are no surviving immediate family members of the victim who are eighteen (18) years of age or older, the warden shall permit up to three (3) previously identified relatives or personal friends of the victim to be present and witness the execution; (8) One (1) defense counsel chosen by the condemned person; and (9) The attorney general and reporter, or the attorney general and reporter's designee. (b) No other person or persons than those mentioned in subsection (a) are allowed or permitted to be present at the carrying out of the death sentence. It is a Class C misdemeanor for the warden of the state penitentiary to permit any other person or persons than those provided for in subsection (a) to be present at the legal execution. (c) (1) Photographic or recording equipment shall not be permitted at the execution site until the execution is completed, the body is removed, and the site has been restored to an orderly condition. However, the physical arrangement of the execution site shall not be disturbed. (2) A violation of subdivision (c)(1) is a Class A misdemeanor. (3) The department shall promulgate rules that establish criteria for the selection of news media representatives to attend an execution of a death sentence in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In promulgating the rules, the department shall solicit recommendations from the Tennessee Press Association, the Tennessee Associated Press Managing Editors, and the Tennessee Association of Broadcasters. For each execution of a death sentence, applications for attendance shall be accepted by the department. When the number of applications require, lots to select news media representatives will then be drawn by the warden of the state penitentiary at which the death sentence is to be carried out. All drawings shall be conducted in open meetings and notice shall be properly given in accordance with § 4-5-203 . (d) If the immediate family members of the victim choose to be present at the execution, they shall be allowed to witness the execution from an area that is separate from the area to which other witnesses are admitted. If facilities are not available to provide immediate family members with a direct view of the execution, the warden of the state penitentiary may broadcast the execution by means of a closed circuit television system to the area in which the immediate family members are located. Amended by 2022 Tenn. Acts, ch. 735, s 1, eff. 3/24/2022. Acts 1909, ch. 500, § 1; Shan., § 7253a1; Code 1932, § 11859; T.C.A. (orig. ed.), § 40-3119; Acts 1985 (1st Ex. Sess.), ch. 5, § 16; 1989, ch. 591, § 113; 1994, ch. 675, §§1-3; 1997 , ch. 133, §§1, 2; 2000, ch. 744, §1; 2012 , ch. 549, § 1.
(a) In all cases in which the sentence of death has been passed upon any person by the courts of this state, it is the duty of the sheriff of the county in which the sentence of death has been passed to remove the person so sentenced to death from that county to the state penitentiary in which the death chamber is located, within a reasonable time before the date fixed for the execution of the death sentence in the judgment and mandate of the court pronouncing the death sentence. On the date fixed for the execution in the judgment and mandate of the court, the warden of the state penitentiary in which the death chamber is located shall cause the death sentence to be carried out within an enclosure to be prepared for that purpose in strict seclusion and privacy. The only witnesses entitled to be present at the carrying out of the death sentence are: (1) The warden of the state penitentiary or the warden's duly authorized deputy; (2) The sheriff of the county in which the crime was committed; (3) A member of the clergy who has been preparing the condemned person for death; (4) The prison physician; (5) Attendants chosen and selected by the warden of the state penitentiary as may be necessary to properly carry out the execution of the death sentence; (6) A total of seven (7) members of the print, radio and television news media selected in accordance with the rules and regulations promulgated by the department of correction. Those news media members allowed to attend any execution of a sentence of death shall make available coverage of the execution to other news media members not selected to attend; (7) (A) Immediate family members of the victim who are eighteen (18) years of age or older. Immediate family members shall include the spouse, child by birth or adoption, stepchild, stepparent, parent, grandparent or sibling of the victim; provided, that members of the family of the condemned prisoner may be present and witness the execution; (B) Where there are no surviving immediate family members of the victim who are eighteen (18) years of age or older, the warden shall permit up to three (3) previously identified relatives or personal friends of the victim to be present and witness the execution; (8) One (1) defense counsel chosen by the condemned person; and (9) The attorney general and reporter, or the attorney general and reporter's designee.
(1) The warden of the state penitentiary or the warden's duly authorized deputy;
(2) The sheriff of the county in which the crime was committed;
(3) A member of the clergy who has been preparing the condemned person for death;
(4) The prison physician;
(5) Attendants chosen and selected by the warden of the state penitentiary as may be necessary to properly carry out the execution of the death sentence;
(6) A total of seven (7) members of the print, radio and television news media selected in accordance with the rules and regulations promulgated by the department of correction. Those news media members allowed to attend any execution of a sentence of death shall make available coverage of the execution to other news media members not selected to attend;
(7) (A) Immediate family members of the victim who are eighteen (18) years of age or older. Immediate family members shall include the spouse, child by birth or adoption, stepchild, stepparent, parent, grandparent or sibling of the victim; provided, that members of the family of the condemned prisoner may be present and witness the execution; (B) Where there are no surviving immediate family members of the victim who are eighteen (18) years of age or older, the warden shall permit up to three (3) previously identified relatives or personal friends of the victim to be present and witness the execution;
(A) Immediate family members of the victim who are eighteen (18) years of age or older. Immediate family members shall include the spouse, child by birth or adoption, stepchild, stepparent, parent, grandparent or sibling of the victim; provided, that members of the family of the condemned prisoner may be present and witness the execution;
(B) Where there are no surviving immediate family members of the victim who are eighteen (18) years of age or older, the warden shall permit up to three (3) previously identified relatives or personal friends of the victim to be present and witness the execution;
(8) One (1) defense counsel chosen by the condemned person; and
(9) The attorney general and reporter, or the attorney general and reporter's designee.
(b) No other person or persons than those mentioned in subsection (a) are allowed or permitted to be present at the carrying out of the death sentence. It is a Class C misdemeanor for the warden of the state penitentiary to permit any other person or persons than those provided for in subsection (a) to be present at the legal execution.
(c) (1) Photographic or recording equipment shall not be permitted at the execution site until the execution is completed, the body is removed, and the site has been restored to an orderly condition. However, the physical arrangement of the execution site shall not be disturbed. (2) A violation of subdivision (c)(1) is a Class A misdemeanor. (3) The department shall promulgate rules that establish criteria for the selection of news media representatives to attend an execution of a death sentence in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In promulgating the rules, the department shall solicit recommendations from the Tennessee Press Association, the Tennessee Associated Press Managing Editors, and the Tennessee Association of Broadcasters. For each execution of a death sentence, applications for attendance shall be accepted by the department. When the number of applications require, lots to select news media representatives will then be drawn by the warden of the state penitentiary at which the death sentence is to be carried out. All drawings shall be conducted in open meetings and notice shall be properly given in accordance with § 4-5-203 .
(1) Photographic or recording equipment shall not be permitted at the execution site until the execution is completed, the body is removed, and the site has been restored to an orderly condition. However, the physical arrangement of the execution site shall not be disturbed.
(2) A violation of subdivision (c)(1) is a Class A misdemeanor.
(3) The department shall promulgate rules that establish criteria for the selection of news media representatives to attend an execution of a death sentence in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In promulgating the rules, the department shall solicit recommendations from the Tennessee Press Association, the Tennessee Associated Press Managing Editors, and the Tennessee Association of Broadcasters. For each execution of a death sentence, applications for attendance shall be accepted by the department. When the number of applications require, lots to select news media representatives will then be drawn by the warden of the state penitentiary at which the death sentence is to be carried out. All drawings shall be conducted in open meetings and notice shall be properly given in accordance with § 4-5-203 .
(d) If the immediate family members of the victim choose to be present at the execution, they shall be allowed to witness the execution from an area that is separate from the area to which other witnesses are admitted. If facilities are not available to provide immediate family members with a direct view of the execution, the warden of the state penitentiary may broadcast the execution by means of a closed circuit television system to the area in which the immediate family members are located.
Amended by 2022 Tenn. Acts, ch. 735, s 1, eff. 3/24/2022.
Acts 1909, ch. 500, § 1; Shan., § 7253a1; Code 1932, § 11859; T.C.A. (orig. ed.), § 40-3119; Acts 1985 (1st Ex. Sess.), ch. 5, § 16; 1989, ch. 591, § 113; 1994, ch. 675, §§1-3; 1997 , ch. 133, §§1, 2; 2000, ch. 744, §1; 2012 , ch. 549, § 1.
Tenn. Code Ann. § 40-38-605 — TN Code / Title 40 / Chapter 38 / Section 40-38-605
Notification of change of program participant's address - Renewal of certification
Status: in_force

(a) A program participant shall notify the office of the secretary of state of any change in the participant's residence address and application information within thirty (30) days after any change has occurred by submitting a notice of change to the office of the secretary of state on a form prescribed by the secretary of state. If registered to vote, the applicant shall also complete a change of address form for voter registration purposes. (b) The certification of a program participant shall be valid for four (4) years after the date of the filing of the application for the program participant, unless the certification is withdrawn or invalidated before the end of that four-year period. (c) A program participant who continues to be eligible to participate in the program may renew the program participant's certification by submitting a renewal application to the secretary of state with or without the assistance of an application assistant. The renewal application shall be on a form prescribed by the secretary of state and shall contain all of the information described in § 40-38-604 , except for the information described in § 40-38-604(b)(6) and (11) . (d) A co-applicant who was under eighteen (18) years of age when enrolled in the program, but who is at least eighteen (18) years of age at the time the renewal application is submitted, may renew the co-applicant's participation in the program by submitting a renewal application to the secretary of state with the assistance of an application assistant. The renewal application must be on a form prescribed by the secretary of state and contain all of the information described in § 40-38-604 , except for the information described in § 40-38-604(b)(6) . (e) When a program participant renews the program participant's certification, the program participant shall continue to use the program participant's original program participant identification number and substitute address. Amended by 2024 Tenn. Acts, ch. 620,s 6, eff. 3/27/2024. Amended by 2024 Tenn. Acts, ch. 620,s 5, eff. 3/27/2024. Amended by 2024 Tenn. Acts, ch. 620,s 4, eff. 3/27/2024. Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
(a) A program participant shall notify the office of the secretary of state of any change in the participant's residence address and application information within thirty (30) days after any change has occurred by submitting a notice of change to the office of the secretary of state on a form prescribed by the secretary of state. If registered to vote, the applicant shall also complete a change of address form for voter registration purposes.
(b) The certification of a program participant shall be valid for four (4) years after the date of the filing of the application for the program participant, unless the certification is withdrawn or invalidated before the end of that four-year period.
(c) A program participant who continues to be eligible to participate in the program may renew the program participant's certification by submitting a renewal application to the secretary of state with or without the assistance of an application assistant. The renewal application shall be on a form prescribed by the secretary of state and shall contain all of the information described in § 40-38-604 , except for the information described in § 40-38-604(b)(6) and (11) .
(d) A co-applicant who was under eighteen (18) years of age when enrolled in the program, but who is at least eighteen (18) years of age at the time the renewal application is submitted, may renew the co-applicant's participation in the program by submitting a renewal application to the secretary of state with the assistance of an application assistant. The renewal application must be on a form prescribed by the secretary of state and contain all of the information described in § 40-38-604 , except for the information described in § 40-38-604(b)(6) .
(e) When a program participant renews the program participant's certification, the program participant shall continue to use the program participant's original program participant identification number and substitute address.
Amended by 2024 Tenn. Acts, ch. 620,s 6, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 620,s 5, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 620,s 4, eff. 3/27/2024.
Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
Tenn. Code Ann. § 40-28-606 — TN Code / Title 40 / Chapter 28 / Section 40-28-606
Officers and employees - Compensation and salaries
Status: in_force

The director of probation and parole and the probation and parole officers shall have their compensation fixed and shall be paid as other state officials and state employees are paid. Acts 2012 , ch. 727, § 43.
The director of probation and parole and the probation and parole officers shall have their compensation fixed and shall be paid as other state officials and state employees are paid.
Acts 2012 , ch. 727, § 43.
Tenn. Code Ann. § 40-30-313 — TN Code / Title 40 / Chapter 30 / Section 40-30-313
Payment for analysis
Status: in_force

If an order is issued requiring a DNA analysis be paid on behalf of a petitioner pursuant to this part, then the payment shall be made from funding provided for indigent defendants' counsel as set forth within the annual appropriations act. The payment shall be made only after receipt by the administrative director of the courts of a certified copy of the order and only upon receipt of a bill from the laboratory that conducted the analysis. The bill shall set forth the name of the petitioner, the date the analysis was performed, the amount of the bill, and the name and address of the laboratory to which payment is to be made. Acts 2001, ch. 444, § 1; T.C.A. § 40-30-413; Acts 2004, ch. 693, § 3.
If an order is issued requiring a DNA analysis be paid on behalf of a petitioner pursuant to this part, then the payment shall be made from funding provided for indigent defendants' counsel as set forth within the annual appropriations act. The payment shall be made only after receipt by the administrative director of the courts of a certified copy of the order and only upon receipt of a bill from the laboratory that conducted the analysis. The bill shall set forth the name of the petitioner, the date the analysis was performed, the amount of the bill, and the name and address of the laboratory to which payment is to be made.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-413; Acts 2004, ch. 693, § 3.
Tenn. Code Ann. § 40-10-101 — TN Code / Title 40 / Chapter 10 / Section 40-10-101
Notice of charge and right to counsel
Status: in_force

When the defendant is brought before a magistrate upon arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate shall immediately inform the defendant of the offense with which the defendant is charged, and of the defendant's right to aid of counsel in every stage of the proceedings. Code 1858, §5048; Shan., § 7008; Code 1932, § 11547; T.C.A. (orig. ed.), § 40-1101.
When the defendant is brought before a magistrate upon arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate shall immediately inform the defendant of the offense with which the defendant is charged, and of the defendant's right to aid of counsel in every stage of the proceedings.
Code 1858, §5048; Shan., § 7008; Code 1932, § 11547; T.C.A. (orig. ed.), § 40-1101.
Tenn. Code Ann. § 40-25-108 — TN Code / Title 40 / Chapter 25 / Section 40-25-108
Loss of fees by clerk's neglect
Status: in_force

No clerk is entitled to any fees in any state case, when the fees have become chargeable to the state or county, in consequence of any omission of the clerk's duty or clerical defect in the record. Code 1858, § 5565 (deriv. Acts 1845-1846, ch. 95, § 1); Shan., §7589; Code 1932, § 12217; T.C.A. (orig. ed.), § 40-3308.
No clerk is entitled to any fees in any state case, when the fees have become chargeable to the state or county, in consequence of any omission of the clerk's duty or clerical defect in the record.
Code 1858, § 5565 (deriv. Acts 1845-1846, ch. 95, § 1); Shan., §7589; Code 1932, § 12217; T.C.A. (orig. ed.), § 40-3308.
Tenn. Code Ann. § 40-38-208 — TN Code / Title 40 / Chapter 38 / Section 40-38-208
Submission of statement or cooperation in preparation of statement not required
Status: in_force

This part shall not be construed to require a victim or victim representative to submit a victim impact statement or to cooperate in the preparation of a victim impact statement. Acts 1993, ch. 438, § 8.
This part shall not be construed to require a victim or victim representative to submit a victim impact statement or to cooperate in the preparation of a victim impact statement.
Acts 1993, ch. 438, § 8.
Tenn. Code Ann. § 40-35-506 — TN Code / Title 40 / Chapter 35 / Section 40-35-506
Eligible inmates - Release on mandatory reentry supervision
Status: in_force

(a) As used in this section, "eligible inmate" means an inmate who: (1) Is serving a felony sentence for an offense that occurred on or after July 1, 2021; (2) Is eligible for parole consideration; (3) Is calculated to have one (1) year or less remaining until expiration of all sentences that the inmate is serving or set to serve, or is calculated to reach the inmate's release eligibility date with less than one (1) year remaining until expiration; (4) Does not have an active detainer for new or untried charges or sentences to serve in other jurisdictions; (5) Has not been classified as maximum or close custody for disciplinary reasons in the previous two (2) years; and (6) If the inmate has previously had the inmate's probation or parole revoked, has served at least six (6) months since returning to custody after revocation of probation or parole. (b) (1) The department of correction shall determine whether an inmate is an eligible inmate. Notwithstanding § 40-35-503 , an eligible inmate must be released on mandatory reentry supervision one (1) year prior to the inmate's sentence expiration date as calculated by the department or, if the inmate is not eligible for parole one (1) year prior to the inmate's sentence expiration date, upon reaching the inmate's release eligibility date. Upon release, an eligible inmate is subject to mandatory reentry supervision until the inmate's sentence expiration date. The release must be under the terms and conditions established by the department of correction. The board of parole shall issue a certificate of mandatory reentry supervision to such offenders. (2) Eligible inmates released on mandatory reentry supervision must be considered released on parole and must be supervised and subject to violations or revocation under chapter 28 of this title to the same extent as discretionary parolees. All provisions relative to imposition of graduated sanctions under chapter 28 of this title apply to eligible inmates released on mandatory reentry supervision. (3) Upon the issuance of a violation warrant regarding an eligible inmate, the inmate does not earn credit toward completion of the sentence until the removal of the delinquency. (4) Mandatory reentry supervision for eligible inmates is not a commutation of sentence nor any other form of executive clemency. (c) Notwithstanding § 40-35-111 , upon expiration of a sentence of confinement for a person who is not an eligible inmate, the inmate must be released and subject to mandatory reentry supervision for a period of one (1) year following the inmate's sentence expiration date under conditions to be prescribed by the department of correction. Noncriminal, technical violations of supervision conditions by ineligible inmates must not result in revocation of supervision or incarceration. The mandatory reentry supervision period must be calculated by the department of correction. (d) Mandatory reentry supervision under this section constitutes release into the community under the direct or indirect supervision of any state or local governmental authority or a private entity contracting with the state or a local government for purposes of § 40-35-114(13) . Added by 2021 Tenn. Acts, ch. 410, s 15, eff. 7/1/2021.
(a) As used in this section, "eligible inmate" means an inmate who: (1) Is serving a felony sentence for an offense that occurred on or after July 1, 2021; (2) Is eligible for parole consideration; (3) Is calculated to have one (1) year or less remaining until expiration of all sentences that the inmate is serving or set to serve, or is calculated to reach the inmate's release eligibility date with less than one (1) year remaining until expiration; (4) Does not have an active detainer for new or untried charges or sentences to serve in other jurisdictions; (5) Has not been classified as maximum or close custody for disciplinary reasons in the previous two (2) years; and (6) If the inmate has previously had the inmate's probation or parole revoked, has served at least six (6) months since returning to custody after revocation of probation or parole.
(1) Is serving a felony sentence for an offense that occurred on or after July 1, 2021;
(2) Is eligible for parole consideration;
(3) Is calculated to have one (1) year or less remaining until expiration of all sentences that the inmate is serving or set to serve, or is calculated to reach the inmate's release eligibility date with less than one (1) year remaining until expiration;
(4) Does not have an active detainer for new or untried charges or sentences to serve in other jurisdictions;
(5) Has not been classified as maximum or close custody for disciplinary reasons in the previous two (2) years; and
(6) If the inmate has previously had the inmate's probation or parole revoked, has served at least six (6) months since returning to custody after revocation of probation or parole.
(b) (1) The department of correction shall determine whether an inmate is an eligible inmate. Notwithstanding § 40-35-503 , an eligible inmate must be released on mandatory reentry supervision one (1) year prior to the inmate's sentence expiration date as calculated by the department or, if the inmate is not eligible for parole one (1) year prior to the inmate's sentence expiration date, upon reaching the inmate's release eligibility date. Upon release, an eligible inmate is subject to mandatory reentry supervision until the inmate's sentence expiration date. The release must be under the terms and conditions established by the department of correction. The board of parole shall issue a certificate of mandatory reentry supervision to such offenders. (2) Eligible inmates released on mandatory reentry supervision must be considered released on parole and must be supervised and subject to violations or revocation under chapter 28 of this title to the same extent as discretionary parolees. All provisions relative to imposition of graduated sanctions under chapter 28 of this title apply to eligible inmates released on mandatory reentry supervision. (3) Upon the issuance of a violation warrant regarding an eligible inmate, the inmate does not earn credit toward completion of the sentence until the removal of the delinquency. (4) Mandatory reentry supervision for eligible inmates is not a commutation of sentence nor any other form of executive clemency.
(1) The department of correction shall determine whether an inmate is an eligible inmate. Notwithstanding § 40-35-503 , an eligible inmate must be released on mandatory reentry supervision one (1) year prior to the inmate's sentence expiration date as calculated by the department or, if the inmate is not eligible for parole one (1) year prior to the inmate's sentence expiration date, upon reaching the inmate's release eligibility date. Upon release, an eligible inmate is subject to mandatory reentry supervision until the inmate's sentence expiration date. The release must be under the terms and conditions established by the department of correction. The board of parole shall issue a certificate of mandatory reentry supervision to such offenders.
(2) Eligible inmates released on mandatory reentry supervision must be considered released on parole and must be supervised and subject to violations or revocation under chapter 28 of this title to the same extent as discretionary parolees. All provisions relative to imposition of graduated sanctions under chapter 28 of this title apply to eligible inmates released on mandatory reentry supervision.
(3) Upon the issuance of a violation warrant regarding an eligible inmate, the inmate does not earn credit toward completion of the sentence until the removal of the delinquency.
(4) Mandatory reentry supervision for eligible inmates is not a commutation of sentence nor any other form of executive clemency.
(c) Notwithstanding § 40-35-111 , upon expiration of a sentence of confinement for a person who is not an eligible inmate, the inmate must be released and subject to mandatory reentry supervision for a period of one (1) year following the inmate's sentence expiration date under conditions to be prescribed by the department of correction. Noncriminal, technical violations of supervision conditions by ineligible inmates must not result in revocation of supervision or incarceration. The mandatory reentry supervision period must be calculated by the department of correction.
(d) Mandatory reentry supervision under this section constitutes release into the community under the direct or indirect supervision of any state or local governmental authority or a private entity contracting with the state or a local government for purposes of § 40-35-114(13) .
Added by 2021 Tenn. Acts, ch. 410, s 15, eff. 7/1/2021.
Tenn. Code Ann. § 40-8-105 — TN Code / Title 40 / Chapter 8 / Section 40-8-105
Reward pool fund
Status: in_force

The governor is authorized to establish and administer a "reward pool fund" which shall be a special account in the state general fund. All monetary donations or gifts made by private citizens and corporations for the purpose of offering a reward or enhancing a state-funded reward offered pursuant § 40-8-101 , for information leading to the apprehension, arrest and conviction of a person or persons who have committed, attempted to commit or conspired to commit a criminal offense in this state shall be deposited in the reward pool fund and invested for the benefit of the fund by the state treasurer pursuant to § 9-4-603 . Amounts in the fund shall not revert to the general fund of the state but shall, together with interest income credited to the fund, remain available for expenditure in subsequent fiscal years. Except as provided in § 40-8-106 , the governor shall have the sole discretion to determine if and how much of the fund shall be offered in a particular criminal case. However, if the donor places any lawful restrictions or instructions on use of the donation at the time it is given, those restrictions or instructions shall be honored. Amended by 2017 Tenn. Acts, ch. 246,s 3, eff. 7/1/2017. Acts 1997, ch. 284, § 5.
The governor is authorized to establish and administer a "reward pool fund" which shall be a special account in the state general fund. All monetary donations or gifts made by private citizens and corporations for the purpose of offering a reward or enhancing a state-funded reward offered pursuant § 40-8-101 , for information leading to the apprehension, arrest and conviction of a person or persons who have committed, attempted to commit or conspired to commit a criminal offense in this state shall be deposited in the reward pool fund and invested for the benefit of the fund by the state treasurer pursuant to § 9-4-603 . Amounts in the fund shall not revert to the general fund of the state but shall, together with interest income credited to the fund, remain available for expenditure in subsequent fiscal years. Except as provided in § 40-8-106 , the governor shall have the sole discretion to determine if and how much of the fund shall be offered in a particular criminal case. However, if the donor places any lawful restrictions or instructions on use of the donation at the time it is given, those restrictions or instructions shall be honored.
Amended by 2017 Tenn. Acts, ch. 246,s 3, eff. 7/1/2017.
Acts 1997, ch. 284, § 5.
Tenn. Code Ann. § 40-28-203 — TN Code / Title 40 / Chapter 28 / Section 40-28-203
Department of correction supervision and rehabilitation fund - Collection of funds - Authorized expenditures - Disposition of revenues
Status: in_force

(a) There is established a department of correction supervision and rehabilitation fund. (b) All funds collected for defraying of the costs of supervision and rehabilitation pursuant to § 40-28-201(a)(1) and (2) shall be paid over to the department before the tenth day of each month for deposit in the fund established by this section. (c) The purpose of the fund is to promote the safety of the public by ensuring better supervision of individuals released into the community. All the funds shall be withdrawn or expended only for the purpose of employing additional probation and parole personnel, mandatory random drug screening for all persons covered by § 40-28-201(a)(1) and (2) , continuing education and training of existing personnel, establishing additional programs whereby an offender may become gainfully employed for the purpose of learning a trade, supporting the person's family and making restitution to the victim, and establishing and providing office and operational supplies for programs to facilitate the inmate's safe and productive return to the general public upon the expiration of the person's parole or probation. (d) (1) Moneys retained in the supervision and rehabilitation fund shall be invested by the state treasurer under appropriate rules and regulations, to the end that adequate funds will be available for the purposes of this section. (2) Revenues that are produced for the supervision and rehabilitation fund shall not revert to the state general fund and shall not be subject to impoundment or allotment reserve, but shall be managed on a revolving no-quarter basis. 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(b); Acts 1985, ch. 211, § 2; 1989, ch. 227, § 50; 1995, ch. 497, § 2; 1998, ch. 1049, §§ 38, 39; 2005, ch. 149, § 3; 2009 , ch. 531, § 18; 2012 , ch. 727, § 38.
(a) There is established a department of correction supervision and rehabilitation fund.
(b) All funds collected for defraying of the costs of supervision and rehabilitation pursuant to § 40-28-201(a)(1) and (2) shall be paid over to the department before the tenth day of each month for deposit in the fund established by this section.
(c) The purpose of the fund is to promote the safety of the public by ensuring better supervision of individuals released into the community. All the funds shall be withdrawn or expended only for the purpose of employing additional probation and parole personnel, mandatory random drug screening for all persons covered by § 40-28-201(a)(1) and (2) , continuing education and training of existing personnel, establishing additional programs whereby an offender may become gainfully employed for the purpose of learning a trade, supporting the person's family and making restitution to the victim, and establishing and providing office and operational supplies for programs to facilitate the inmate's safe and productive return to the general public upon the expiration of the person's parole or probation.
(d) (1) Moneys retained in the supervision and rehabilitation fund shall be invested by the state treasurer under appropriate rules and regulations, to the end that adequate funds will be available for the purposes of this section. (2) Revenues that are produced for the supervision and rehabilitation fund shall not revert to the state general fund and shall not be subject to impoundment or allotment reserve, but shall be managed on a revolving no-quarter basis.
(1) Moneys retained in the supervision and rehabilitation fund shall be invested by the state treasurer under appropriate rules and regulations, to the end that adequate funds will be available for the purposes of this section.
(2) Revenues that are produced for the supervision and rehabilitation fund shall not revert to the state general fund and shall not be subject to impoundment or allotment reserve, but shall be managed on a revolving no-quarter basis.
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(b); Acts 1985, ch. 211, § 2; 1989, ch. 227, § 50; 1995, ch. 497, § 2; 1998, ch. 1049, §§ 38, 39; 2005, ch. 149, § 3; 2009 , ch. 531, § 18; 2012 , ch. 727, § 38.
Tenn. Code Ann. § 40-4-122 — TN Code / Title 40 / Chapter 4 / Section 40-4-122
Municipal courts divested of jurisdiction
Status: in_force

(a) It is expressly provided that the municipal courts which are located in counties of this state coming within §§ 40-4-121 - 40-4-124 shall not have any jurisdiction of cases wherein a violation of the laws of the state of Tennessee is charged and alleged, it being the legislative intent of §§ 40-4-121 - 40-4-124 to vest jurisdiction of those cases in the various general sessions courts of the counties coming within §§ 40-4-121 - 40-4-124. The offenses enumerated in subsection (b) are declared to be state offenses, and any person charged for violation of those offenses shall be tried only in state courts, as provided in § 40-4-121 , in which jurisdiction shall be exclusive. Any ordinance presently enacted to regulate any of the enumerated offenses, or to be later enacted, is declared to be void, repealed and of no effect. (b) The enumerated offenses are as follows: (1) Driving while intoxicated or drugged, as forbidden by § 55-10-401 ; (2) Failing to stop after a traffic accident, as forbidden by title 55, chapter 10, part 1; (3) Driving while license suspended or revoked, as forbidden by § 55-50-504 ; and (4) Drag racing, as defined and forbidden by § 55-10-501 . Acts 1970, ch. 464, § 2; T.C.A., § 40-428.
(a) It is expressly provided that the municipal courts which are located in counties of this state coming within §§ 40-4-121 - 40-4-124 shall not have any jurisdiction of cases wherein a violation of the laws of the state of Tennessee is charged and alleged, it being the legislative intent of §§ 40-4-121 - 40-4-124 to vest jurisdiction of those cases in the various general sessions courts of the counties coming within §§ 40-4-121 - 40-4-124. The offenses enumerated in subsection (b) are declared to be state offenses, and any person charged for violation of those offenses shall be tried only in state courts, as provided in § 40-4-121 , in which jurisdiction shall be exclusive. Any ordinance presently enacted to regulate any of the enumerated offenses, or to be later enacted, is declared to be void, repealed and of no effect.
(b) The enumerated offenses are as follows: (1) Driving while intoxicated or drugged, as forbidden by § 55-10-401 ; (2) Failing to stop after a traffic accident, as forbidden by title 55, chapter 10, part 1; (3) Driving while license suspended or revoked, as forbidden by § 55-50-504 ; and (4) Drag racing, as defined and forbidden by § 55-10-501 .
(1) Driving while intoxicated or drugged, as forbidden by § 55-10-401 ;
(2) Failing to stop after a traffic accident, as forbidden by title 55, chapter 10, part 1;
(3) Driving while license suspended or revoked, as forbidden by § 55-50-504 ; and
(4) Drag racing, as defined and forbidden by § 55-10-501 .
Acts 1970, ch. 464, § 2; T.C.A., § 40-428.
Tenn. Code Ann. § 40-36-303 — TN Code / Title 40 / Chapter 36 / Section 40-36-303
Prohibited use of funds - Administrative costs - Accounting system - Annual audit
Status: in_force

(a) Recipients of community corrections funds shall not use these funds to supplant existing funds from the state or the local government for existing correctional programs. In addition, the funds shall not be utilized for the following purposes: (1) Construction, renovation or operation of county or municipal jails; (2) Construction, renovation or operation of state facilities; or (3) Salaries of state probation and parole officers. (b) Administrative costs connected with the expenditure of community corrections funds under this chapter shall not exceed a percentage amount established by the department of correction. (c) The comptroller of the treasury is directed to develop a uniform accounting system conforming to generally accepted accounting principles for the boards operating under this chapter. The uniform accounting system shall be subject to the approval of the commissioner of finance and administration. Upon the approval of the commissioner of finance and administration, each local community corrections advisory board shall establish and maintain the uniform accounting system. (d) (1) The annual reports and all books of accounts and financial records of all funds received by grant, contract or otherwise from state, local or federal sources shall be subject to audit annually by the comptroller of the treasury or the department of correction, or both. The audit may be performed by a licensed independent public accountant selected by the local community corrections advisory board and approved by the comptroller of the treasury. The cost of any audit shall be paid by the local community corrections advisory board. (2) The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury. (3) All audits shall be completed as soon as practicable after the end of the fiscal year of the local community corrections advisory board. One (1) copy of each audit shall be furnished to each member of the local community corrections advisory board and the comptroller of the treasury. Copies of each audit shall also be made available to the press. Acts 1985 (1st Ex. Sess.), ch. 3, § 11; 1998, ch. 1049, §§ 44 - 46; 2012 , ch. 727, § 46.
(a) Recipients of community corrections funds shall not use these funds to supplant existing funds from the state or the local government for existing correctional programs. In addition, the funds shall not be utilized for the following purposes: (1) Construction, renovation or operation of county or municipal jails; (2) Construction, renovation or operation of state facilities; or (3) Salaries of state probation and parole officers.
(1) Construction, renovation or operation of county or municipal jails;
(2) Construction, renovation or operation of state facilities; or
(3) Salaries of state probation and parole officers.
(b) Administrative costs connected with the expenditure of community corrections funds under this chapter shall not exceed a percentage amount established by the department of correction.
(c) The comptroller of the treasury is directed to develop a uniform accounting system conforming to generally accepted accounting principles for the boards operating under this chapter. The uniform accounting system shall be subject to the approval of the commissioner of finance and administration. Upon the approval of the commissioner of finance and administration, each local community corrections advisory board shall establish and maintain the uniform accounting system.
(d) (1) The annual reports and all books of accounts and financial records of all funds received by grant, contract or otherwise from state, local or federal sources shall be subject to audit annually by the comptroller of the treasury or the department of correction, or both. The audit may be performed by a licensed independent public accountant selected by the local community corrections advisory board and approved by the comptroller of the treasury. The cost of any audit shall be paid by the local community corrections advisory board. (2) The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury. (3) All audits shall be completed as soon as practicable after the end of the fiscal year of the local community corrections advisory board. One (1) copy of each audit shall be furnished to each member of the local community corrections advisory board and the comptroller of the treasury. Copies of each audit shall also be made available to the press.
(1) The annual reports and all books of accounts and financial records of all funds received by grant, contract or otherwise from state, local or federal sources shall be subject to audit annually by the comptroller of the treasury or the department of correction, or both. The audit may be performed by a licensed independent public accountant selected by the local community corrections advisory board and approved by the comptroller of the treasury. The cost of any audit shall be paid by the local community corrections advisory board.
(2) The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
(3) All audits shall be completed as soon as practicable after the end of the fiscal year of the local community corrections advisory board. One (1) copy of each audit shall be furnished to each member of the local community corrections advisory board and the comptroller of the treasury. Copies of each audit shall also be made available to the press.
Acts 1985 (1st Ex. Sess.), ch. 3, § 11; 1998, ch. 1049, §§ 44 - 46; 2012 , ch. 727, § 46.
Tenn. Code Ann. § 40-12-201 — TN Code / Title 40 / Chapter 12 / Section 40-12-201
Use of investigative grand jury
Status: in_force

(a) Notwithstanding any other provision of law to the contrary, whenever a district attorney general, within the district attorney general's respective jurisdiction, or the attorney general and reporter has reason to believe that criminal activity involving a violation of or a conspiracy to violate: (1) Section 39-14-903 , relating to money laundering; (2) Sections 39-17-902(b) , 39-17-911 and 39-17-1005 , relating to the distribution of certain materials to minors or the use of a minor for obscene purposes; (3) Section 39-17-417 , relating to controlled substances or § 39-17-454 , relating to controlled substance analogues; (4) Sections 39-16-401 - 39-16-405, relating to misconduct involving public officials and employees; (5) Sections 39-16-101 - 39-16-108, relating to bribery; (6) Section 39-12-204 , relating to racketeer influenced and corrupt organizations; (7) Sections 39-17-501 - 39-17-507, relating to gambling; or (8) Sections 39-16-501 - 39-16-507, relating to interference with government operations; has occurred, the district attorney general or the attorney general and reporter may apply to a committee comprised of two (2) members of the district attorneys general conference and the attorney general and reporter for consent to file a petition to have an investigative grand jury convened to consider the matters specified in the application. (b) The attorney general and reporter shall appoint a district attorney general from each grand division to serve as potential members of the committee and shall notify the executive director of the district attorneys general conference of the appointments. (c) The attorney general and reporter shall reappoint the district attorneys general as from time to time may be necessary. (d) (1) When an application for an investigative grand jury is made by the attorney general and reporter pursuant to this part, the executive director shall designate one (1) or more of the district attorneys general appointed by the attorney general and reporter to serve on the committee. (2) If the application is made by a district attorney general, the executive director shall designate either two (2) of the district attorneys general appointed by the attorney general and reporter to serve on the committee or shall designate one (1) of the district attorneys general and the district attorney general making the application. (e) (1) The district attorney general or district attorneys general so designated to serve on the committee shall not reside in the same grand division as the county where the grand jury would be seated. (2) In the case where an application is filed by the attorney general and reporter, the district attorney general for the district where the criminal activity is alleged to have occurred shall be one (1) of the two (2) members of the district attorneys general conference serving on the committee. (f) The application shall be in writing, shall specify the crimes to be investigated, any persons believed to have knowledge of the crimes to be investigated and the basis of the district attorney general's or attorney general and reporter's knowledge of the matters set forth in the application. (g) The application shall be filed at the office of the attorney general and reporter in Nashville. Acts 1990, ch. 1051, § 1; 1996, ch. 1012, § 8; 2012, ch. 848, § 31.
(a) Notwithstanding any other provision of law to the contrary, whenever a district attorney general, within the district attorney general's respective jurisdiction, or the attorney general and reporter has reason to believe that criminal activity involving a violation of or a conspiracy to violate: (1) Section 39-14-903 , relating to money laundering; (2) Sections 39-17-902(b) , 39-17-911 and 39-17-1005 , relating to the distribution of certain materials to minors or the use of a minor for obscene purposes; (3) Section 39-17-417 , relating to controlled substances or § 39-17-454 , relating to controlled substance analogues; (4) Sections 39-16-401 - 39-16-405, relating to misconduct involving public officials and employees; (5) Sections 39-16-101 - 39-16-108, relating to bribery; (6) Section 39-12-204 , relating to racketeer influenced and corrupt organizations; (7) Sections 39-17-501 - 39-17-507, relating to gambling; or (8) Sections 39-16-501 - 39-16-507, relating to interference with government operations; has occurred, the district attorney general or the attorney general and reporter may apply to a committee comprised of two (2) members of the district attorneys general conference and the attorney general and reporter for consent to file a petition to have an investigative grand jury convened to consider the matters specified in the application.
(1) Section 39-14-903 , relating to money laundering;
(2) Sections 39-17-902(b) , 39-17-911 and 39-17-1005 , relating to the distribution of certain materials to minors or the use of a minor for obscene purposes;
(3) Section 39-17-417 , relating to controlled substances or § 39-17-454 , relating to controlled substance analogues;
(4) Sections 39-16-401 - 39-16-405, relating to misconduct involving public officials and employees;
(5) Sections 39-16-101 - 39-16-108, relating to bribery;
(6) Section 39-12-204 , relating to racketeer influenced and corrupt organizations;
(7) Sections 39-17-501 - 39-17-507, relating to gambling; or
(8) Sections 39-16-501 - 39-16-507, relating to interference with government operations; has occurred, the district attorney general or the attorney general and reporter may apply to a committee comprised of two (2) members of the district attorneys general conference and the attorney general and reporter for consent to file a petition to have an investigative grand jury convened to consider the matters specified in the application.
has occurred, the district attorney general or the attorney general and reporter may apply to a committee comprised of two (2) members of the district attorneys general conference and the attorney general and reporter for consent to file a petition to have an investigative grand jury convened to consider the matters specified in the application.
(b) The attorney general and reporter shall appoint a district attorney general from each grand division to serve as potential members of the committee and shall notify the executive director of the district attorneys general conference of the appointments.
(c) The attorney general and reporter shall reappoint the district attorneys general as from time to time may be necessary.
(d) (1) When an application for an investigative grand jury is made by the attorney general and reporter pursuant to this part, the executive director shall designate one (1) or more of the district attorneys general appointed by the attorney general and reporter to serve on the committee. (2) If the application is made by a district attorney general, the executive director shall designate either two (2) of the district attorneys general appointed by the attorney general and reporter to serve on the committee or shall designate one (1) of the district attorneys general and the district attorney general making the application.
(1) When an application for an investigative grand jury is made by the attorney general and reporter pursuant to this part, the executive director shall designate one (1) or more of the district attorneys general appointed by the attorney general and reporter to serve on the committee.
(2) If the application is made by a district attorney general, the executive director shall designate either two (2) of the district attorneys general appointed by the attorney general and reporter to serve on the committee or shall designate one (1) of the district attorneys general and the district attorney general making the application.
(e) (1) The district attorney general or district attorneys general so designated to serve on the committee shall not reside in the same grand division as the county where the grand jury would be seated. (2) In the case where an application is filed by the attorney general and reporter, the district attorney general for the district where the criminal activity is alleged to have occurred shall be one (1) of the two (2) members of the district attorneys general conference serving on the committee.
(1) The district attorney general or district attorneys general so designated to serve on the committee shall not reside in the same grand division as the county where the grand jury would be seated.
(2) In the case where an application is filed by the attorney general and reporter, the district attorney general for the district where the criminal activity is alleged to have occurred shall be one (1) of the two (2) members of the district attorneys general conference serving on the committee.
(f) The application shall be in writing, shall specify the crimes to be investigated, any persons believed to have knowledge of the crimes to be investigated and the basis of the district attorney general's or attorney general and reporter's knowledge of the matters set forth in the application.
(g) The application shall be filed at the office of the attorney general and reporter in Nashville.
Acts 1990, ch. 1051, § 1; 1996, ch. 1012, § 8; 2012, ch. 848, § 31.
Tenn. Code Ann. § 40-18-112 — TN Code / Title 40 / Chapter 18 / Section 40-18-112
Uncertainty as to intent or means of offense
Status: in_force

Where the intent with which, the mode in, or the means by which, an act is done are essential to the commission of the offense, and the offense may be committed with different intents, in different modes, or by different means, if the jury is satisfied that the act was committed with one (1) of the intents, in one (1) of the modes, or by either of the means charged, the jury shall convict, although uncertain as to which of the intents charged existed, or which mode, or by which of the means charged, the act was committed. Code 1858, §5123; Shan., § 7086; Code 1932, § 11631; T.C.A. (orig. ed), § 40-2522.
Where the intent with which, the mode in, or the means by which, an act is done are essential to the commission of the offense, and the offense may be committed with different intents, in different modes, or by different means, if the jury is satisfied that the act was committed with one (1) of the intents, in one (1) of the modes, or by either of the means charged, the jury shall convict, although uncertain as to which of the intents charged existed, or which mode, or by which of the means charged, the act was committed.
Code 1858, §5123; Shan., § 7086; Code 1932, § 11631; T.C.A. (orig. ed), § 40-2522.
Tenn. Code Ann. § 40-36-201 — TN Code / Title 40 / Chapter 36 / Section 40-36-201
Creation and composition of local community corrections advisory board
Status: in_force

(a) (1) To qualify for funding under this chapter, a local community corrections advisory board shall be established by the county legislative body. The board shall represent a cross-section of the local population, shall ensure minority and female representation and shall consist, at a minimum, of the following representatives or their designees: (A) A representative of county government nominated by the county mayor and confirmed by the county legislative body; (B) The sheriff of the county; (C) The district attorney general of the judicial district in which the county is located; (D) A criminal defense attorney residing in the county, nominated by the presiding judge of the judicial district in which the county is located and confirmed by the county legislative body; (E) A representative of a nonprofit human service agency, nominated by the county mayor and the other local community corrections advisory board members who serve by virtue of their elected office and confirmed by the county legislative body; (F) Two (2) state probation and parole officers assigned to work in the county, nominated by the department of correction and confirmed by the county legislative body; and (G) At a minimum, three (3) private citizens residing in the county, nominated by the county mayor and other local community corrections advisory board members who serve by virtue of their elected office and confirmed by the county legislative body. If a city participates, a citizen shall be nominated by the mayor and confirmed by the council. (2) Confirmations by the county legislative body of the appropriate representatives shall be by majority vote. The size of the local community corrections advisory board shall be determined locally but must meet the minimum number and type of representatives. (b) The sheriff and district attorney general shall serve on the local community corrections advisory board during their terms of office. In order to provide staggered terms on the local community corrections advisory board, the positions on the board identified as the county government representative, the criminal defense attorney, one (1) of the probation and parole officers and one (1) private citizen representative shall be initially appointed to a term of three (3) years, and thereafter to terms of two (2) years. The remaining members of the board shall be appointed for a term of two (2) years. Vacancies shall be filled in the same manner as original appointments for any unexpired term. Members of the local community corrections advisory board may be reappointed to the board in accordance with the procedures set forth in subsection (a). (c) Where two (2) or more counties within a single judicial district combine and apply for funds under this chapter, they may establish one (1) community corrections advisory board serving the jurisdictions involved. At a minimum, this board shall include all of the positions set forth in subsection (a). The representatives to fill the positions may come from any of the participating counties and may be selected as determined by agreement of the legislative bodies of the counties involved. Acts 1985 (1st Ex. Sess.), ch. 3, § 7; 1987, ch. 449, § 1; 1998, ch. 1049, §§ 44, 49 - 51; 2003, ch. 90, § 2; 2012, ch. 727, § 46.
(a) (1) To qualify for funding under this chapter, a local community corrections advisory board shall be established by the county legislative body. The board shall represent a cross-section of the local population, shall ensure minority and female representation and shall consist, at a minimum, of the following representatives or their designees: (A) A representative of county government nominated by the county mayor and confirmed by the county legislative body; (B) The sheriff of the county; (C) The district attorney general of the judicial district in which the county is located; (D) A criminal defense attorney residing in the county, nominated by the presiding judge of the judicial district in which the county is located and confirmed by the county legislative body; (E) A representative of a nonprofit human service agency, nominated by the county mayor and the other local community corrections advisory board members who serve by virtue of their elected office and confirmed by the county legislative body; (F) Two (2) state probation and parole officers assigned to work in the county, nominated by the department of correction and confirmed by the county legislative body; and (G) At a minimum, three (3) private citizens residing in the county, nominated by the county mayor and other local community corrections advisory board members who serve by virtue of their elected office and confirmed by the county legislative body. If a city participates, a citizen shall be nominated by the mayor and confirmed by the council. (2) Confirmations by the county legislative body of the appropriate representatives shall be by majority vote. The size of the local community corrections advisory board shall be determined locally but must meet the minimum number and type of representatives.
(1) To qualify for funding under this chapter, a local community corrections advisory board shall be established by the county legislative body. The board shall represent a cross-section of the local population, shall ensure minority and female representation and shall consist, at a minimum, of the following representatives or their designees: (A) A representative of county government nominated by the county mayor and confirmed by the county legislative body; (B) The sheriff of the county; (C) The district attorney general of the judicial district in which the county is located; (D) A criminal defense attorney residing in the county, nominated by the presiding judge of the judicial district in which the county is located and confirmed by the county legislative body; (E) A representative of a nonprofit human service agency, nominated by the county mayor and the other local community corrections advisory board members who serve by virtue of their elected office and confirmed by the county legislative body; (F) Two (2) state probation and parole officers assigned to work in the county, nominated by the department of correction and confirmed by the county legislative body; and (G) At a minimum, three (3) private citizens residing in the county, nominated by the county mayor and other local community corrections advisory board members who serve by virtue of their elected office and confirmed by the county legislative body. If a city participates, a citizen shall be nominated by the mayor and confirmed by the council.
(A) A representative of county government nominated by the county mayor and confirmed by the county legislative body;
(B) The sheriff of the county;
(C) The district attorney general of the judicial district in which the county is located;
(D) A criminal defense attorney residing in the county, nominated by the presiding judge of the judicial district in which the county is located and confirmed by the county legislative body;
(E) A representative of a nonprofit human service agency, nominated by the county mayor and the other local community corrections advisory board members who serve by virtue of their elected office and confirmed by the county legislative body;
(F) Two (2) state probation and parole officers assigned to work in the county, nominated by the department of correction and confirmed by the county legislative body; and
(G) At a minimum, three (3) private citizens residing in the county, nominated by the county mayor and other local community corrections advisory board members who serve by virtue of their elected office and confirmed by the county legislative body. If a city participates, a citizen shall be nominated by the mayor and confirmed by the council.
(2) Confirmations by the county legislative body of the appropriate representatives shall be by majority vote. The size of the local community corrections advisory board shall be determined locally but must meet the minimum number and type of representatives.
(b) The sheriff and district attorney general shall serve on the local community corrections advisory board during their terms of office. In order to provide staggered terms on the local community corrections advisory board, the positions on the board identified as the county government representative, the criminal defense attorney, one (1) of the probation and parole officers and one (1) private citizen representative shall be initially appointed to a term of three (3) years, and thereafter to terms of two (2) years. The remaining members of the board shall be appointed for a term of two (2) years. Vacancies shall be filled in the same manner as original appointments for any unexpired term. Members of the local community corrections advisory board may be reappointed to the board in accordance with the procedures set forth in subsection (a).
(c) Where two (2) or more counties within a single judicial district combine and apply for funds under this chapter, they may establish one (1) community corrections advisory board serving the jurisdictions involved. At a minimum, this board shall include all of the positions set forth in subsection (a). The representatives to fill the positions may come from any of the participating counties and may be selected as determined by agreement of the legislative bodies of the counties involved.
Acts 1985 (1st Ex. Sess.), ch. 3, § 7; 1987, ch. 449, § 1; 1998, ch. 1049, §§ 44, 49 - 51; 2003, ch. 90, § 2; 2012, ch. 727, § 46.
Tenn. Code Ann. § 40-12-107 — TN Code / Title 40 / Chapter 12 / Section 40-12-107
Supplemental to present law
Status: in_force

Sections 40-12-104 - 40-12-106 are intended to supplement existing law relative to the rights, powers and duties involved in the grand jury process. Nothing in this part shall be construed in derogation of existing law, absent plain and irreconcilable conflict with §§ 40-12-104 - 40-12-106. Acts 1978, ch. 727, § 4; T.C.A., § 40-1629.
Sections 40-12-104 - 40-12-106 are intended to supplement existing law relative to the rights, powers and duties involved in the grand jury process. Nothing in this part shall be construed in derogation of existing law, absent plain and irreconcilable conflict with §§ 40-12-104 - 40-12-106.
Acts 1978, ch. 727, § 4; T.C.A., § 40-1629.
Tenn. Code Ann. § 40-9-129 — TN Code / Title 40 / Chapter 9 / Section 40-9-129
Construction of chapter
Status: in_force

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Acts 1951, ch. 240, § 25 (Williams, § 11935.25); T.C.A. (orig. ed.), § 40-1034.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Acts 1951, ch. 240, § 25 (Williams, § 11935.25); T.C.A. (orig. ed.), § 40-1034.
Tenn. Code Ann. § 40-11-201 — TN Code / Title 40 / Chapter 11 / Section 40-11-201
Conditional judgment on failure to appear
Status: in_force

(a) If the defendant who gives bail or makes a cash deposit as provided in part 1 of this chapter does not appear according to the undertaking, a conditional judgment may be entered against the defendant and the defendant's sureties, or against the defendant alone, in case of a deposit, or the court may grant an extension. (b) No forfeiture or conditional forfeiture of any appearance or bail bond shall be rendered in any case where a statement of a licensed physician is furnished to the court showing that the principal in the bond is prevented from attending by some mental or physical disability, or where evidence of the defendant's incarceration is furnished to the court. (c) The appearance or bail bond shall remain in full force and effect until the principal is physically or mentally able to appear, or until a detainer against the principal is filed with the detaining authority. On the filing of a detainer, the bondsman and sureties shall remain liable for the expenses of returning the principal to this jurisdiction for trial when the principal is released by the detaining authority. If the detainer request is refused or if the detaining authority releases the principal notwithstanding the filing of the detainer, the surety shall not be liable in the undertaking. It shall be the duty of the bondsman or surety to present to the presiding court, in a timely manner, all appropriate documentation evidencing that the detainer was properly filed or refused, or that the detaining authority released the principal notwithstanding the filing of the detainer. The liability of any bondsman or surety shall not exceed the amount of the bail bond. After trial, however, if it is necessary to return the principal to the detaining authority in another jurisdiction, all expenses incurred in the return shall be paid by the state of Tennessee. As used in this subsection (c), "detainer" includes any means of requesting a defendant be returned to this jurisdiction, including, but not limited to, a detainer, habeas corpus, or extradition. Amended by 2017 Tenn. Acts, ch. 100,s 1, eff. 4/4/2017. Amended by 2015 Tenn. Acts, ch. 517,s 1, eff. 5/20/2015. Code 1858, § 5177; Shan., § 7141; Code 1932, § 11688; modified; Acts 1967, ch. 333, § 1; 1977, ch. 370, § 1; T.C.A. (orig. ed.), § 40-1301; Acts 1988, ch. 579, § 1; 2007, ch. 255, §§ 1, 2; 2008, ch. 1131, § 1; 2010, ch. 866, § 1.
(a) If the defendant who gives bail or makes a cash deposit as provided in part 1 of this chapter does not appear according to the undertaking, a conditional judgment may be entered against the defendant and the defendant's sureties, or against the defendant alone, in case of a deposit, or the court may grant an extension.
(b) No forfeiture or conditional forfeiture of any appearance or bail bond shall be rendered in any case where a statement of a licensed physician is furnished to the court showing that the principal in the bond is prevented from attending by some mental or physical disability, or where evidence of the defendant's incarceration is furnished to the court.
(c) The appearance or bail bond shall remain in full force and effect until the principal is physically or mentally able to appear, or until a detainer against the principal is filed with the detaining authority. On the filing of a detainer, the bondsman and sureties shall remain liable for the expenses of returning the principal to this jurisdiction for trial when the principal is released by the detaining authority. If the detainer request is refused or if the detaining authority releases the principal notwithstanding the filing of the detainer, the surety shall not be liable in the undertaking. It shall be the duty of the bondsman or surety to present to the presiding court, in a timely manner, all appropriate documentation evidencing that the detainer was properly filed or refused, or that the detaining authority released the principal notwithstanding the filing of the detainer. The liability of any bondsman or surety shall not exceed the amount of the bail bond. After trial, however, if it is necessary to return the principal to the detaining authority in another jurisdiction, all expenses incurred in the return shall be paid by the state of Tennessee. As used in this subsection (c), "detainer" includes any means of requesting a defendant be returned to this jurisdiction, including, but not limited to, a detainer, habeas corpus, or extradition.
Amended by 2017 Tenn. Acts, ch. 100,s 1, eff. 4/4/2017.
Amended by 2015 Tenn. Acts, ch. 517,s 1, eff. 5/20/2015.
Code 1858, § 5177; Shan., § 7141; Code 1932, § 11688; modified; Acts 1967, ch. 333, § 1; 1977, ch. 370, § 1; T.C.A. (orig. ed.), § 40-1301; Acts 1988, ch. 579, § 1; 2007, ch. 255, §§ 1, 2; 2008, ch. 1131, § 1; 2010, ch. 866, § 1.
Tenn. Code Ann. § 40-38-403 — TN Code / Title 40 / Chapter 38 / Section 40-38-403
Purpose
Status: in_force

Notwithstanding its association with the Tennessee Coalition Against Domestic and Sexual Violence, the purpose of the academy is to improve services to victims of all types of crime by making available a comprehensive, basic-level victim assistance curriculum and training program to victim services providers and allied professionals. Acts 2008, ch. 1077, § 2.
Notwithstanding its association with the Tennessee Coalition Against Domestic and Sexual Violence, the purpose of the academy is to improve services to victims of all types of crime by making available a comprehensive, basic-level victim assistance curriculum and training program to victim services providers and allied professionals.
Acts 2008, ch. 1077, § 2.
Tenn. Code Ann. § 40-18-118 — TN Code / Title 40 / Chapter 18 / Section 40-18-118
Peremptory challenges
Status: in_force

Notwithstanding any other provision of law or rule of court to the contrary, in any case in which a defendant is charged with an offense punishable by death, the defendant is entitled to fifteen (15) peremptory challenges and the state is entitled to fifteen (15) peremptory challenges for each such defendant. If the offense charged is punishable by imprisonment for more than one (1) year but not by death, each defendant is entitled to eight (8) peremptory challenges, and the state is entitled to eight (8) peremptory challenges for each defendant. If the offense charged is punishable by imprisonment for less than one (1) year or by fine, or both, each side is entitled to three (3) peremptory challenges for each defendant. Acts 1995, ch. 339, § 1.
Notwithstanding any other provision of law or rule of court to the contrary, in any case in which a defendant is charged with an offense punishable by death, the defendant is entitled to fifteen (15) peremptory challenges and the state is entitled to fifteen (15) peremptory challenges for each such defendant. If the offense charged is punishable by imprisonment for more than one (1) year but not by death, each defendant is entitled to eight (8) peremptory challenges, and the state is entitled to eight (8) peremptory challenges for each defendant. If the offense charged is punishable by imprisonment for less than one (1) year or by fine, or both, each side is entitled to three (3) peremptory challenges for each defendant.
Acts 1995, ch. 339, § 1.
Tenn. Code Ann. § 40-14-312 — TN Code / Title 40 / Chapter 14 / Section 40-14-312
Fees for transcripts - Transcripts for indigent defendants
Status: in_force

The fee rate that may be charged and collected by a court reporter for transcripts is four dollars ($4.00) per page. If the defendant prays and is granted an appeal and is determined by the trial judge to be without sufficient funds to pay for the preparation of the transcript of the proceedings, the trial judge shall direct the court reporter to furnish the defendant a complete transcript of the proceedings, the fee for which shall be paid by this state out of money appropriated for that purpose. The reporter may require any party requesting a transcript to pay the estimated fee in advance except as to transcripts which are to be paid for by this state. Amended by 2019 Tenn. Acts, ch. 467, s 2, eff. 7/1/2019. Acts 1965, ch. 221, § 12; T.C.A., § 40-2040; Acts 1993, ch. 66, § 65.
The fee rate that may be charged and collected by a court reporter for transcripts is four dollars ($4.00) per page. If the defendant prays and is granted an appeal and is determined by the trial judge to be without sufficient funds to pay for the preparation of the transcript of the proceedings, the trial judge shall direct the court reporter to furnish the defendant a complete transcript of the proceedings, the fee for which shall be paid by this state out of money appropriated for that purpose. The reporter may require any party requesting a transcript to pay the estimated fee in advance except as to transcripts which are to be paid for by this state.
Amended by 2019 Tenn. Acts, ch. 467, s 2, eff. 7/1/2019.
Acts 1965, ch. 221, § 12; T.C.A., § 40-2040; Acts 1993, ch. 66, § 65.
Tenn. Code Ann. § 40-36-103 — TN Code / Title 40 / Chapter 36 / Section 40-36-103
Purposes of chapter
Status: in_force

The purposes of this chapter are to: (1) Establish a mechanism for using state funds to contract with local governments and qualified private entities to develop community-based alternatives to incarceration that provide a treatment-centered pathway and community-based supervision for offenders, thereby reserving state penal institution, local jail, or workhouse bed space for other offenders; (2) Facilitate the growth of treatment-centered pathways to alleviate geographical disparities in Tennessee with respect to the availability of such pathways available to judges at sentencing; and (3) Reduce the number of felony offenders committed to state penal institutions, local jails, and workhouses for whom a treatment-centered pathway and appropriate evidence-based community supervision will result in less recidivism and more effective outcomes. Amended by 2023 Tenn. Acts, ch. 483, s 1, eff. 6/30/2023. Amended by 2021 Tenn. Acts, ch. 409, s 12, eff. 7/1/2021. Acts 1985 (1st Ex. Sess.), ch. 3, § 3.
The purposes of this chapter are to:
(1) Establish a mechanism for using state funds to contract with local governments and qualified private entities to develop community-based alternatives to incarceration that provide a treatment-centered pathway and community-based supervision for offenders, thereby reserving state penal institution, local jail, or workhouse bed space for other offenders;
(2) Facilitate the growth of treatment-centered pathways to alleviate geographical disparities in Tennessee with respect to the availability of such pathways available to judges at sentencing; and
(3) Reduce the number of felony offenders committed to state penal institutions, local jails, and workhouses for whom a treatment-centered pathway and appropriate evidence-based community supervision will result in less recidivism and more effective outcomes.
Amended by 2023 Tenn. Acts, ch. 483, s 1, eff. 6/30/2023.
Amended by 2021 Tenn. Acts, ch. 409, s 12, eff. 7/1/2021.
Acts 1985 (1st Ex. Sess.), ch. 3, § 3.
Tenn. Code Ann. § 40-38-102 — TN Code / Title 40 / Chapter 38 / Section 40-38-102
Rights of crime victims and prosecution witnesses
Status: in_force

(a) All victims of crime and prosecution witnesses have the right to: (1) Be treated with dignity and compassion; and (2) Protection and support with prompt action in the case of intimidation or retaliation from the defendant and the defendant's agents or friends. (b) (1) Without requiring the expenditure of additional funds or additional construction or renovation whenever possible, victims of crime and prosecution witnesses should be provided waiting areas that are separate and secure from the defendant or defense witnesses during all stages of the judicial process. (2) In order to accomplish the goals of this section, the court security committee established by § 16-2-505(d)(2) shall have among its duties the responsibility to assess existing facilities to determine where space could be allocated to provide the secure waiting areas described in subdivision (b)(1). A report of this assessment shall be included in the findings provided to the county legislative body and the administrative office of the courts pursuant to § 16-2-505(d)(3)(B) . In cases where the committee determines that existing facilities cannot accommodate the goals of this section, the committee shall include in its report recommendations as to how a secure waiting area could be provided for in new construction and renovation projects. In a jurisdiction where existing facilities cannot meet the goals of this section, the local government should consider the recommendation of the committee's report in planning for any new construction or renovation of courtroom facilities. (c) All victims of crime shall have the right to collect court-ordered restitution in the same manner as a civil judgment, as authorized pursuant to § 37-1-131(b)(2) or § 40-35-304(h) . Acts 1990, ch. 957, § 2; 1993, ch. 527, § 2; 1996, ch. 1044, § 1; 2001, ch. 370, § 1.
(a) All victims of crime and prosecution witnesses have the right to: (1) Be treated with dignity and compassion; and (2) Protection and support with prompt action in the case of intimidation or retaliation from the defendant and the defendant's agents or friends.
(1) Be treated with dignity and compassion; and
(2) Protection and support with prompt action in the case of intimidation or retaliation from the defendant and the defendant's agents or friends.
(b) (1) Without requiring the expenditure of additional funds or additional construction or renovation whenever possible, victims of crime and prosecution witnesses should be provided waiting areas that are separate and secure from the defendant or defense witnesses during all stages of the judicial process. (2) In order to accomplish the goals of this section, the court security committee established by § 16-2-505(d)(2) shall have among its duties the responsibility to assess existing facilities to determine where space could be allocated to provide the secure waiting areas described in subdivision (b)(1). A report of this assessment shall be included in the findings provided to the county legislative body and the administrative office of the courts pursuant to § 16-2-505(d)(3)(B) . In cases where the committee determines that existing facilities cannot accommodate the goals of this section, the committee shall include in its report recommendations as to how a secure waiting area could be provided for in new construction and renovation projects. In a jurisdiction where existing facilities cannot meet the goals of this section, the local government should consider the recommendation of the committee's report in planning for any new construction or renovation of courtroom facilities.
(1) Without requiring the expenditure of additional funds or additional construction or renovation whenever possible, victims of crime and prosecution witnesses should be provided waiting areas that are separate and secure from the defendant or defense witnesses during all stages of the judicial process.
(2) In order to accomplish the goals of this section, the court security committee established by § 16-2-505(d)(2) shall have among its duties the responsibility to assess existing facilities to determine where space could be allocated to provide the secure waiting areas described in subdivision (b)(1). A report of this assessment shall be included in the findings provided to the county legislative body and the administrative office of the courts pursuant to § 16-2-505(d)(3)(B) . In cases where the committee determines that existing facilities cannot accommodate the goals of this section, the committee shall include in its report recommendations as to how a secure waiting area could be provided for in new construction and renovation projects. In a jurisdiction where existing facilities cannot meet the goals of this section, the local government should consider the recommendation of the committee's report in planning for any new construction or renovation of courtroom facilities.
(c) All victims of crime shall have the right to collect court-ordered restitution in the same manner as a civil judgment, as authorized pursuant to § 37-1-131(b)(2) or § 40-35-304(h) .
Acts 1990, ch. 957, § 2; 1993, ch. 527, § 2; 1996, ch. 1044, § 1; 2001, ch. 370, § 1.
Tenn. Code Ann. § 40-30-409 — TN Code / Title 40 / Chapter 30 / Section 40-30-409
Preservation of evidence during pendency of proceeding - Sanctions
Status: in_force

When the petition is not summarily dismissed, the court shall order that all evidence in the possession of the prosecution, law enforcement, laboratory, or the court that could be subjected to fingerprint analysis must be preserved during the pendency of the proceeding. The intentional destruction of evidence after such an order may result in appropriate sanctions, including criminal contempt for a knowing violation of the court's order. Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
When the petition is not summarily dismissed, the court shall order that all evidence in the possession of the prosecution, law enforcement, laboratory, or the court that could be subjected to fingerprint analysis must be preserved during the pendency of the proceeding. The intentional destruction of evidence after such an order may result in appropriate sanctions, including criminal contempt for a knowing violation of the court's order.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.