Tenn. Code Ann. § 40-30-109 — TN Code / Title 40 / Chapter 30 / Section 40-30-109
Prehearing procedure
Status: in_force

(a) The court shall review the case after the district attorney general's response is filed. If, on reviewing the petition, the response, files, and records, the court determines conclusively that the petitioner is entitled to no relief, the court shall dismiss the petition. The order of dismissal shall set forth the court's conclusions of law. If the court does not dismiss the petition, the court shall enter an order setting an evidentiary hearing. The order of dismissal or the order setting an evidentiary hearing shall be entered no later than thirty (30) days after the filing of the state's response. The evidentiary hearing shall be within four (4) calendar months of the entry of the court's order. The deadline shall not be extended by agreement, and the deadline may be extended only by order of the court based upon a finding that unforeseeable circumstances render a continuance a manifest necessity. An extension shall not exceed sixty (60) days. (b) Discovery is not available in a proceeding under this section except as provided under Rule 16 of the Tennessee Rules of Criminal Procedure. (c) The petitioner may withdraw a petition at any time prior to the hearing without prejudice to any rights to refile, but the withdrawn petition shall not toll the statute of limitations set forth in § 40-30-102 . Acts 1995, ch. 207, § 1; T.C.A. § 40-30-209 .
(a) The court shall review the case after the district attorney general's response is filed. If, on reviewing the petition, the response, files, and records, the court determines conclusively that the petitioner is entitled to no relief, the court shall dismiss the petition. The order of dismissal shall set forth the court's conclusions of law. If the court does not dismiss the petition, the court shall enter an order setting an evidentiary hearing. The order of dismissal or the order setting an evidentiary hearing shall be entered no later than thirty (30) days after the filing of the state's response. The evidentiary hearing shall be within four (4) calendar months of the entry of the court's order. The deadline shall not be extended by agreement, and the deadline may be extended only by order of the court based upon a finding that unforeseeable circumstances render a continuance a manifest necessity. An extension shall not exceed sixty (60) days.
(b) Discovery is not available in a proceeding under this section except as provided under Rule 16 of the Tennessee Rules of Criminal Procedure.
(c) The petitioner may withdraw a petition at any time prior to the hearing without prejudice to any rights to refile, but the withdrawn petition shall not toll the statute of limitations set forth in § 40-30-102 .
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-209 .
Tenn. Code Ann. § 40-35-321 — TN Code / Title 40 / Chapter 35 / Section 40-35-321
Collection of biological specimens for DNA analysis - Persons convicted of certain offenses - Condition of release from imprisonment
Status: in_force

(a) As used in this section, unless the context otherwise requires, "DNA analysis" means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another biological specimen for identification purposes. (b) When a court sentences a person convicted of violating or attempting to violate § 39-13-502 , § 39-13-503 , § 39-13-504 , § 39-13-505 , § 39-13-522 , § 39-13-531 or § 39-15-302 or when a juvenile court adjudicates a person to be a delinquent child for violating or attempting to violate § 39-13-502 , § 39-13-503 , § 39-13-504 , § 39-13-505 , § 39-13-522 , § 39-13-531 or § 39-15-302 , it shall order the person to provide a biological specimen for the purpose of DNA analysis as defined in subsection (a). If the person is not incarcerated at the time of sentencing, the order shall require the person to report to the probation division of the department charged by law with the supervision of probationers, which shall gather the specimen. If a probation officer is not available to gather the specimen, the court may designate a person to do so. The cost of taking, processing and storing the specimen shall be paid by the defendant and shall be collected by the probation officer in the same manner as other fees. If the person is incarcerated at the time of sentencing, the order shall require the chief administrative officer of the institution of incarceration to designate a qualified person to gather the specimen. The biological specimen shall be forwarded by the approved agency or entity collecting the specimen to the Tennessee bureau of investigation, which shall maintain it as provided in § 38-6-113 . The court shall make the providing of the specimen a condition of probation or community correction if either is granted. (c) If a person convicted of violating or attempting to violate § 39-13-502 , § 39-13-503 , § 39-13-504 , § 39-13-505 , § 39-13-522 or § 39-15-302 and committed to the custody of the commissioner of correction for a term of imprisonment has not provided a biological specimen for the purpose of DNA analysis as defined in subsection (a), the commissioner or the chief administrative officer of a local jail shall order the person to provide a biological specimen for the purpose of DNA analysis before completion of the person's term of imprisonment. The biological specimen shall be forwarded by the approved agency or entity collecting the specimen to the Tennessee bureau of investigation which shall maintain it as provided in § 38-6-113 . No person shall be released on parole or otherwise unless and until the person has provided the specimen required by this subsection (c). (d) (1) When a court sentences a person convicted of any felony offense committed on or after July 1, 1998, or any misdemeanor offense, the conviction for which requires the defendant to register as a sexual offender pursuant to chapter 39, part 2 of this title, on or after July 1, 2007, it shall order the person to provide a biological specimen for the purpose of DNA analysis as defined in subsection (a). If the person is not incarcerated at the time of sentencing, the order shall require the person to report to the probation division of the department charged by law with the supervision of probationers, which shall gather the specimen. If a probation officer is not available to gather the specimen, the court may designate a person to do so. The cost of taking, processing and storing the specimen shall be paid by the defendant and shall be collected by the probation officer in the same manner as other fees. If the person is incarcerated at the time of sentencing, the order shall require the chief administrative officer of the institution of incarceration to designate a qualified person to gather the specimen. The biological specimen shall be forwarded by the approved agency or entity collecting the specimen to the Tennessee bureau of investigation, which shall maintain it as provided in § 38-6-113 . The court shall make the providing of the specimen a condition of probation or community correction if either is granted. (2) If a person convicted of any felony offense or any applicable misdemeanor offense and committed to the custody of the commissioner of correction for a term of imprisonment or sentenced to a period of confinement in a county jail or workhouse has not provided a biological specimen for the purpose of DNA analysis as defined in subsection (a), the commissioner or the chief administrative officer of a local jail may order the person to provide a biological specimen for the purpose of DNA analysis before completion of the person's term of imprisonment. The biological specimen shall be forwarded by the approved agency or entity collecting the specimen to the Tennessee bureau of investigation, which shall maintain it as provided in § 38-6-113 . (e) (1) When a person is arrested on or after January 1, 2008, for the commission of a violent felony as defined in subdivision (e)(3), the person shall have a biological specimen taken for the purpose of DNA analysis to determine identification characteristics specific to the person as defined in subsection (a). After a determination by a magistrate or a grand jury that probable cause exists for the arrest, but prior to the person's release from custody, the arresting authority shall take the sample using a buccal swab collection kit for DNA testing. The biological specimen shall be collected by the arresting authority in accordance with the uniform procedures established by the Tennessee bureau of investigation, pursuant to § 38-6-113 and shall be forwarded by the arresting authority to the Tennessee bureau of investigation, which shall maintain the sample as provided in § 38-6-113 . The court or magistrate shall make the provision of a specimen a condition of the person's release on bond or recognizance if bond or recognizance is granted. (2) The clerk of the court in which the charges against a person described in subdivision (e)(1) are disposed of shall notify the Tennessee bureau of investigation of final disposition of the criminal proceedings. If the charge for which the sample was taken is dismissed or the defendant is acquitted at trial, then the bureau shall destroy the sample and all records of the sample; provided, that there is no other pending qualifying warrant or capias for an arrest or felony conviction that would otherwise require that the sample remain in the data bank. (3) As used in this subsection (e), "violent felony" means: (A) First or second degree murder; (B) Aggravated kidnapping or especially aggravated kidnapping; (C) Aggravated assault; (D) Aggravated child abuse; (E) Robbery, aggravated robbery or especially aggravated robbery; (F) Aggravated burglary or especially aggravated burglary; (G) Carjacking; (H) Sexual battery, sexual battery by an authority figure or aggravated sexual battery; (I) Statutory rape by an authority figure or aggravated statutory rape; (J) Rape, aggravated rape, rape of a child or aggravated rape of a child; (K) Aggravated arson; (L) Attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (e)(3); (M) Solicitation, under § 39-12-102 , to commit any of the offenses enumerated in this subdivision (e)(3); (N) Conspiracy, under § 39-12-103 , to commit any of the offenses enumerated in this subdivision (e)(3); (O) Criminal responsibility, under § 39-11-402(2) , for any of the offenses enumerated in this subdivision (e)(3); (P) Facilitating the commission, under § 39-11-403 , of any of the offenses enumerated in this subdivision (e)(3); (Q) Being an accessory after the fact, under § 39-11-411 , to any of the offenses enumerated in this subdivision (e)(3); (R) Aggravated vehicular homicide; (S) Criminally negligent homicide; (T) Reckless homicide; (U) Vehicular homicide; or (V) Voluntary manslaughter. Acts 1991, ch. 480, § 2; 1995, ch. 11, §§ 1, 2; 1995, ch. 131, §§ 2, 3; 1995, ch. 382, § 1; 1998, ch. 1028, §§ 1, 2; 2007 , ch. 77, §§ 1, 2; 2007 , ch. 225, § 2; 2010 , ch. 964, § 2; 2012 , ch. 965, § 1; 2012 , ch. 996, §§ 1, 2.
(a) As used in this section, unless the context otherwise requires, "DNA analysis" means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another biological specimen for identification purposes.
(b) When a court sentences a person convicted of violating or attempting to violate § 39-13-502 , § 39-13-503 , § 39-13-504 , § 39-13-505 , § 39-13-522 , § 39-13-531 or § 39-15-302 or when a juvenile court adjudicates a person to be a delinquent child for violating or attempting to violate § 39-13-502 , § 39-13-503 , § 39-13-504 , § 39-13-505 , § 39-13-522 , § 39-13-531 or § 39-15-302 , it shall order the person to provide a biological specimen for the purpose of DNA analysis as defined in subsection (a). If the person is not incarcerated at the time of sentencing, the order shall require the person to report to the probation division of the department charged by law with the supervision of probationers, which shall gather the specimen. If a probation officer is not available to gather the specimen, the court may designate a person to do so. The cost of taking, processing and storing the specimen shall be paid by the defendant and shall be collected by the probation officer in the same manner as other fees. If the person is incarcerated at the time of sentencing, the order shall require the chief administrative officer of the institution of incarceration to designate a qualified person to gather the specimen. The biological specimen shall be forwarded by the approved agency or entity collecting the specimen to the Tennessee bureau of investigation, which shall maintain it as provided in § 38-6-113 . The court shall make the providing of the specimen a condition of probation or community correction if either is granted.
(c) If a person convicted of violating or attempting to violate § 39-13-502 , § 39-13-503 , § 39-13-504 , § 39-13-505 , § 39-13-522 or § 39-15-302 and committed to the custody of the commissioner of correction for a term of imprisonment has not provided a biological specimen for the purpose of DNA analysis as defined in subsection (a), the commissioner or the chief administrative officer of a local jail shall order the person to provide a biological specimen for the purpose of DNA analysis before completion of the person's term of imprisonment. The biological specimen shall be forwarded by the approved agency or entity collecting the specimen to the Tennessee bureau of investigation which shall maintain it as provided in § 38-6-113 . No person shall be released on parole or otherwise unless and until the person has provided the specimen required by this subsection (c).
(d) (1) When a court sentences a person convicted of any felony offense committed on or after July 1, 1998, or any misdemeanor offense, the conviction for which requires the defendant to register as a sexual offender pursuant to chapter 39, part 2 of this title, on or after July 1, 2007, it shall order the person to provide a biological specimen for the purpose of DNA analysis as defined in subsection (a). If the person is not incarcerated at the time of sentencing, the order shall require the person to report to the probation division of the department charged by law with the supervision of probationers, which shall gather the specimen. If a probation officer is not available to gather the specimen, the court may designate a person to do so. The cost of taking, processing and storing the specimen shall be paid by the defendant and shall be collected by the probation officer in the same manner as other fees. If the person is incarcerated at the time of sentencing, the order shall require the chief administrative officer of the institution of incarceration to designate a qualified person to gather the specimen. The biological specimen shall be forwarded by the approved agency or entity collecting the specimen to the Tennessee bureau of investigation, which shall maintain it as provided in § 38-6-113 . The court shall make the providing of the specimen a condition of probation or community correction if either is granted. (2) If a person convicted of any felony offense or any applicable misdemeanor offense and committed to the custody of the commissioner of correction for a term of imprisonment or sentenced to a period of confinement in a county jail or workhouse has not provided a biological specimen for the purpose of DNA analysis as defined in subsection (a), the commissioner or the chief administrative officer of a local jail may order the person to provide a biological specimen for the purpose of DNA analysis before completion of the person's term of imprisonment. The biological specimen shall be forwarded by the approved agency or entity collecting the specimen to the Tennessee bureau of investigation, which shall maintain it as provided in § 38-6-113 .
(1) When a court sentences a person convicted of any felony offense committed on or after July 1, 1998, or any misdemeanor offense, the conviction for which requires the defendant to register as a sexual offender pursuant to chapter 39, part 2 of this title, on or after July 1, 2007, it shall order the person to provide a biological specimen for the purpose of DNA analysis as defined in subsection (a). If the person is not incarcerated at the time of sentencing, the order shall require the person to report to the probation division of the department charged by law with the supervision of probationers, which shall gather the specimen. If a probation officer is not available to gather the specimen, the court may designate a person to do so. The cost of taking, processing and storing the specimen shall be paid by the defendant and shall be collected by the probation officer in the same manner as other fees. If the person is incarcerated at the time of sentencing, the order shall require the chief administrative officer of the institution of incarceration to designate a qualified person to gather the specimen. The biological specimen shall be forwarded by the approved agency or entity collecting the specimen to the Tennessee bureau of investigation, which shall maintain it as provided in § 38-6-113 . The court shall make the providing of the specimen a condition of probation or community correction if either is granted.
(2) If a person convicted of any felony offense or any applicable misdemeanor offense and committed to the custody of the commissioner of correction for a term of imprisonment or sentenced to a period of confinement in a county jail or workhouse has not provided a biological specimen for the purpose of DNA analysis as defined in subsection (a), the commissioner or the chief administrative officer of a local jail may order the person to provide a biological specimen for the purpose of DNA analysis before completion of the person's term of imprisonment. The biological specimen shall be forwarded by the approved agency or entity collecting the specimen to the Tennessee bureau of investigation, which shall maintain it as provided in § 38-6-113 .
(e) (1) When a person is arrested on or after January 1, 2008, for the commission of a violent felony as defined in subdivision (e)(3), the person shall have a biological specimen taken for the purpose of DNA analysis to determine identification characteristics specific to the person as defined in subsection (a). After a determination by a magistrate or a grand jury that probable cause exists for the arrest, but prior to the person's release from custody, the arresting authority shall take the sample using a buccal swab collection kit for DNA testing. The biological specimen shall be collected by the arresting authority in accordance with the uniform procedures established by the Tennessee bureau of investigation, pursuant to § 38-6-113 and shall be forwarded by the arresting authority to the Tennessee bureau of investigation, which shall maintain the sample as provided in § 38-6-113 . The court or magistrate shall make the provision of a specimen a condition of the person's release on bond or recognizance if bond or recognizance is granted. (2) The clerk of the court in which the charges against a person described in subdivision (e)(1) are disposed of shall notify the Tennessee bureau of investigation of final disposition of the criminal proceedings. If the charge for which the sample was taken is dismissed or the defendant is acquitted at trial, then the bureau shall destroy the sample and all records of the sample; provided, that there is no other pending qualifying warrant or capias for an arrest or felony conviction that would otherwise require that the sample remain in the data bank. (3) As used in this subsection (e), "violent felony" means: (A) First or second degree murder; (B) Aggravated kidnapping or especially aggravated kidnapping; (C) Aggravated assault; (D) Aggravated child abuse; (E) Robbery, aggravated robbery or especially aggravated robbery; (F) Aggravated burglary or especially aggravated burglary; (G) Carjacking; (H) Sexual battery, sexual battery by an authority figure or aggravated sexual battery; (I) Statutory rape by an authority figure or aggravated statutory rape; (J) Rape, aggravated rape, rape of a child or aggravated rape of a child; (K) Aggravated arson; (L) Attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (e)(3); (M) Solicitation, under § 39-12-102 , to commit any of the offenses enumerated in this subdivision (e)(3); (N) Conspiracy, under § 39-12-103 , to commit any of the offenses enumerated in this subdivision (e)(3); (O) Criminal responsibility, under § 39-11-402(2) , for any of the offenses enumerated in this subdivision (e)(3); (P) Facilitating the commission, under § 39-11-403 , of any of the offenses enumerated in this subdivision (e)(3); (Q) Being an accessory after the fact, under § 39-11-411 , to any of the offenses enumerated in this subdivision (e)(3); (R) Aggravated vehicular homicide; (S) Criminally negligent homicide; (T) Reckless homicide; (U) Vehicular homicide; or (V) Voluntary manslaughter.
(1) When a person is arrested on or after January 1, 2008, for the commission of a violent felony as defined in subdivision (e)(3), the person shall have a biological specimen taken for the purpose of DNA analysis to determine identification characteristics specific to the person as defined in subsection (a). After a determination by a magistrate or a grand jury that probable cause exists for the arrest, but prior to the person's release from custody, the arresting authority shall take the sample using a buccal swab collection kit for DNA testing. The biological specimen shall be collected by the arresting authority in accordance with the uniform procedures established by the Tennessee bureau of investigation, pursuant to § 38-6-113 and shall be forwarded by the arresting authority to the Tennessee bureau of investigation, which shall maintain the sample as provided in § 38-6-113 . The court or magistrate shall make the provision of a specimen a condition of the person's release on bond or recognizance if bond or recognizance is granted.
(2) The clerk of the court in which the charges against a person described in subdivision (e)(1) are disposed of shall notify the Tennessee bureau of investigation of final disposition of the criminal proceedings. If the charge for which the sample was taken is dismissed or the defendant is acquitted at trial, then the bureau shall destroy the sample and all records of the sample; provided, that there is no other pending qualifying warrant or capias for an arrest or felony conviction that would otherwise require that the sample remain in the data bank.
(3) As used in this subsection (e), "violent felony" means: (A) First or second degree murder; (B) Aggravated kidnapping or especially aggravated kidnapping; (C) Aggravated assault; (D) Aggravated child abuse; (E) Robbery, aggravated robbery or especially aggravated robbery; (F) Aggravated burglary or especially aggravated burglary; (G) Carjacking; (H) Sexual battery, sexual battery by an authority figure or aggravated sexual battery; (I) Statutory rape by an authority figure or aggravated statutory rape; (J) Rape, aggravated rape, rape of a child or aggravated rape of a child; (K) Aggravated arson; (L) Attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (e)(3); (M) Solicitation, under § 39-12-102 , to commit any of the offenses enumerated in this subdivision (e)(3); (N) Conspiracy, under § 39-12-103 , to commit any of the offenses enumerated in this subdivision (e)(3); (O) Criminal responsibility, under § 39-11-402(2) , for any of the offenses enumerated in this subdivision (e)(3); (P) Facilitating the commission, under § 39-11-403 , of any of the offenses enumerated in this subdivision (e)(3); (Q) Being an accessory after the fact, under § 39-11-411 , to any of the offenses enumerated in this subdivision (e)(3); (R) Aggravated vehicular homicide; (S) Criminally negligent homicide; (T) Reckless homicide; (U) Vehicular homicide; or (V) Voluntary manslaughter.
(A) First or second degree murder;
(B) Aggravated kidnapping or especially aggravated kidnapping;
(C) Aggravated assault;
(D) Aggravated child abuse;
(E) Robbery, aggravated robbery or especially aggravated robbery;
(F) Aggravated burglary or especially aggravated burglary;
(G) Carjacking;
(H) Sexual battery, sexual battery by an authority figure or aggravated sexual battery;
(I) Statutory rape by an authority figure or aggravated statutory rape;
(J) Rape, aggravated rape, rape of a child or aggravated rape of a child;
(K) Aggravated arson;
(L) Attempt, under § 39-12-101 , to commit any of the offenses enumerated in this subdivision (e)(3);
(M) Solicitation, under § 39-12-102 , to commit any of the offenses enumerated in this subdivision (e)(3);
(N) Conspiracy, under § 39-12-103 , to commit any of the offenses enumerated in this subdivision (e)(3);
(O) Criminal responsibility, under § 39-11-402(2) , for any of the offenses enumerated in this subdivision (e)(3);
(P) Facilitating the commission, under § 39-11-403 , of any of the offenses enumerated in this subdivision (e)(3);
(Q) Being an accessory after the fact, under § 39-11-411 , to any of the offenses enumerated in this subdivision (e)(3);
(R) Aggravated vehicular homicide;
(S) Criminally negligent homicide;
(T) Reckless homicide;
(U) Vehicular homicide; or
(V) Voluntary manslaughter.
Acts 1991, ch. 480, § 2; 1995, ch. 11, §§ 1, 2; 1995, ch. 131, §§ 2, 3; 1995, ch. 382, § 1; 1998, ch. 1028, §§ 1, 2; 2007 , ch. 77, §§ 1, 2; 2007 , ch. 225, § 2; 2010 , ch. 964, § 2; 2012 , ch. 965, § 1; 2012 , ch. 996, §§ 1, 2.
Tenn. Code Ann. § 40-6-109 — TN Code / Title 40 / Chapter 6 / Section 40-6-109
Disclosure of stored wire or electronic communications - Criminal process
Status: in_force

(a) A law enforcement officer, a district attorney general or the district attorney's designee, or the attorney general or the attorney general's designee may require the disclosure of stored wire or electronic communications, as well as transactional records pertaining to the communications, to the extent and under the procedures and conditions provided for by the laws of the United States. (b) A provider of electronic communication service or remote computing service shall provide the contents of, and transactional records pertaining to, wire and electronic communications in the provider's possession or reasonably accessible to the provider when a requesting law enforcement officer, a district attorney general or the district attorney's designee, or the attorney general or the attorney general's designee complies with the provisions for access to the communications as set forth by the laws of the United States. (c) Search warrants for production of stored wire or electronic communications and transactional records pertaining to the communications shall have statewide application or application as provided by the laws of the United States when issued by a judge with general criminal jurisdiction over the criminal offense under investigation and to which such records relate. A judge with general criminal jurisdiction over the criminal offense under investigation may also issue orders for production of stored wire or electronic communications and transactional records pertaining to the communications to the extent and under the procedures and conditions provided for by the laws of the United States. (d) A subpoena for the production of stored wire or electronic communications and transactional records pertaining to the communications may be issued under the procedures for the issuance of subpoenas and to the extent and under the procedures and conditions provided for by the laws of the United States. (e) Criminal process that authorizes or commands the seizure or production of papers, documents, records, or other things from a recipient may be served by: (1) Delivering a copy to the recipient personally; or (2) Sending a copy by: (A) Certified or registered mail, return receipt requested; (B) Express mail; or (C) Facsimile or electronic transmission, if the copy is sent in a manner that provides proof of delivery. (f) A recipient-provider who seeks to quash or otherwise challenge the criminal process must seek relief from the court of general criminal jurisdiction in the county from which process issued within the time required for production. The court shall hear and decide the issue as soon as practicable. (g) When criminal process is served under subsection (e) of this section, the recipient-provider shall provide all of the papers, documents, records, or other things described in the criminal process within twenty (20) business days from the date the criminal process is received, unless: (1) The court, for good cause shown, includes in the process a requirement for production within a period of time that is less than twenty (20) business days; (2) The court, for good cause shown, extends the time for production to a period of time that is more than twenty (20) business days; or (3) The applicant consents to a request from the recipient-provider for additional time to comply with the process. (h) Criminal process issued under this section must contain a notice on the first page of the document that indicates: (1) That the process was issued under this section; (2) The date before which the recipient-provider must respond to the process; and (3) That the deadline for seeking relief is not altered by the applicant's consent to additional time to respond to the process. (i) As used in this section, "criminal process" means a subpoena, search warrant or other court order, or such other process authorized under the procedures and conditions provided for by the laws of the United States for the disclosure of stored wire or electronic communications and transactional records pertaining to the communications. (j) A failure to comply with criminal process issued pursuant to this section by a recipient-provider is punishable as contempt. Added by 2021 Tenn. Acts, ch. 421,s 1, eff. 7/1/2021.
(a) A law enforcement officer, a district attorney general or the district attorney's designee, or the attorney general or the attorney general's designee may require the disclosure of stored wire or electronic communications, as well as transactional records pertaining to the communications, to the extent and under the procedures and conditions provided for by the laws of the United States.
(b) A provider of electronic communication service or remote computing service shall provide the contents of, and transactional records pertaining to, wire and electronic communications in the provider's possession or reasonably accessible to the provider when a requesting law enforcement officer, a district attorney general or the district attorney's designee, or the attorney general or the attorney general's designee complies with the provisions for access to the communications as set forth by the laws of the United States.
(c) Search warrants for production of stored wire or electronic communications and transactional records pertaining to the communications shall have statewide application or application as provided by the laws of the United States when issued by a judge with general criminal jurisdiction over the criminal offense under investigation and to which such records relate. A judge with general criminal jurisdiction over the criminal offense under investigation may also issue orders for production of stored wire or electronic communications and transactional records pertaining to the communications to the extent and under the procedures and conditions provided for by the laws of the United States.
(d) A subpoena for the production of stored wire or electronic communications and transactional records pertaining to the communications may be issued under the procedures for the issuance of subpoenas and to the extent and under the procedures and conditions provided for by the laws of the United States.
(e) Criminal process that authorizes or commands the seizure or production of papers, documents, records, or other things from a recipient may be served by: (1) Delivering a copy to the recipient personally; or (2) Sending a copy by: (A) Certified or registered mail, return receipt requested; (B) Express mail; or (C) Facsimile or electronic transmission, if the copy is sent in a manner that provides proof of delivery.
(1) Delivering a copy to the recipient personally; or
(2) Sending a copy by: (A) Certified or registered mail, return receipt requested; (B) Express mail; or (C) Facsimile or electronic transmission, if the copy is sent in a manner that provides proof of delivery.
(A) Certified or registered mail, return receipt requested;
(B) Express mail; or
(C) Facsimile or electronic transmission, if the copy is sent in a manner that provides proof of delivery.
(f) A recipient-provider who seeks to quash or otherwise challenge the criminal process must seek relief from the court of general criminal jurisdiction in the county from which process issued within the time required for production. The court shall hear and decide the issue as soon as practicable.
(g) When criminal process is served under subsection (e) of this section, the recipient-provider shall provide all of the papers, documents, records, or other things described in the criminal process within twenty (20) business days from the date the criminal process is received, unless: (1) The court, for good cause shown, includes in the process a requirement for production within a period of time that is less than twenty (20) business days; (2) The court, for good cause shown, extends the time for production to a period of time that is more than twenty (20) business days; or (3) The applicant consents to a request from the recipient-provider for additional time to comply with the process.
(1) The court, for good cause shown, includes in the process a requirement for production within a period of time that is less than twenty (20) business days;
(2) The court, for good cause shown, extends the time for production to a period of time that is more than twenty (20) business days; or
(3) The applicant consents to a request from the recipient-provider for additional time to comply with the process.
(h) Criminal process issued under this section must contain a notice on the first page of the document that indicates: (1) That the process was issued under this section; (2) The date before which the recipient-provider must respond to the process; and (3) That the deadline for seeking relief is not altered by the applicant's consent to additional time to respond to the process.
(1) That the process was issued under this section;
(2) The date before which the recipient-provider must respond to the process; and
(3) That the deadline for seeking relief is not altered by the applicant's consent to additional time to respond to the process.
(i) As used in this section, "criminal process" means a subpoena, search warrant or other court order, or such other process authorized under the procedures and conditions provided for by the laws of the United States for the disclosure of stored wire or electronic communications and transactional records pertaining to the communications.
(j) A failure to comply with criminal process issued pursuant to this section by a recipient-provider is punishable as contempt.
Added by 2021 Tenn. Acts, ch. 421,s 1, eff. 7/1/2021.
Tenn. Code Ann. § 40-30-102 — TN Code / Title 40 / Chapter 30 / Section 40-30-102
When prisoners may petition for post-conviction relief
Status: in_force

(a) Except as provided in subsections (b) and (c), a person in custody under a sentence of a court of this state must petition for post-conviction relief under this part within one (1) year of the date of the final action of the highest state appellate court to which an appeal is taken or, if no appeal is taken, within one (1) year of the date on which the judgment became final, or consideration of the petition shall be barred. The statute of limitations shall not be tolled for any reason, including any tolling or saving provision otherwise available at law or equity. Time is of the essence of the right to file a petition for post-conviction relief or motion to reopen established by this chapter, and the one-year limitations period is an element of the right to file the action and is a condition upon its exercise. Except as specifically provided in subsections (b) and (c), the right to file a petition for post-conviction relief or a motion to reopen under this chapter shall be extinguished upon the expiration of the limitations period. (b) No court shall have jurisdiction to consider a petition filed after the expiration of the limitations period unless: (1) The claim in the petition is based upon a final ruling of an appellate court establishing a constitutional right that was not recognized as existing at the time of trial, if retrospective application of that right is required. The petition must be filed within one (1) year of the ruling of the highest state appellate court or the United States supreme court establishing a constitutional right that was not recognized as existing at the time of trial; (2) The claim in the petition is based upon new scientific evidence establishing that the petitioner is actually innocent of the offense or offenses for which the petitioner was convicted; or (3) The claim asserted in the petition seeks relief from a sentence that was enhanced because of a previous conviction and the conviction in the case in which the claim is asserted was not a guilty plea with an agreed sentence, and the previous conviction has subsequently been held to be invalid, in which case the petition must be filed within one (1) year of the finality of the ruling holding the previous conviction to be invalid. (c) This part contemplates the filing of only one (1) petition for post-conviction relief. In no event may more than one (1) petition for post-conviction relief be filed attacking a single judgment. If a prior petition has been filed which was resolved on the merits by a court of competent jurisdiction, any second or subsequent petition shall be summarily dismissed. A petitioner may move to reopen a post-conviction proceeding that has been concluded, under the limited circumstances set out in § 40-30-117 . Acts 1995, ch. 207, § 1; 1996, ch. 995, §§ 1-3; T.C.A. § 40-30-202 .
(a) Except as provided in subsections (b) and (c), a person in custody under a sentence of a court of this state must petition for post-conviction relief under this part within one (1) year of the date of the final action of the highest state appellate court to which an appeal is taken or, if no appeal is taken, within one (1) year of the date on which the judgment became final, or consideration of the petition shall be barred. The statute of limitations shall not be tolled for any reason, including any tolling or saving provision otherwise available at law or equity. Time is of the essence of the right to file a petition for post-conviction relief or motion to reopen established by this chapter, and the one-year limitations period is an element of the right to file the action and is a condition upon its exercise. Except as specifically provided in subsections (b) and (c), the right to file a petition for post-conviction relief or a motion to reopen under this chapter shall be extinguished upon the expiration of the limitations period.
(b) No court shall have jurisdiction to consider a petition filed after the expiration of the limitations period unless: (1) The claim in the petition is based upon a final ruling of an appellate court establishing a constitutional right that was not recognized as existing at the time of trial, if retrospective application of that right is required. The petition must be filed within one (1) year of the ruling of the highest state appellate court or the United States supreme court establishing a constitutional right that was not recognized as existing at the time of trial; (2) The claim in the petition is based upon new scientific evidence establishing that the petitioner is actually innocent of the offense or offenses for which the petitioner was convicted; or (3) The claim asserted in the petition seeks relief from a sentence that was enhanced because of a previous conviction and the conviction in the case in which the claim is asserted was not a guilty plea with an agreed sentence, and the previous conviction has subsequently been held to be invalid, in which case the petition must be filed within one (1) year of the finality of the ruling holding the previous conviction to be invalid.
(1) The claim in the petition is based upon a final ruling of an appellate court establishing a constitutional right that was not recognized as existing at the time of trial, if retrospective application of that right is required. The petition must be filed within one (1) year of the ruling of the highest state appellate court or the United States supreme court establishing a constitutional right that was not recognized as existing at the time of trial;
(2) The claim in the petition is based upon new scientific evidence establishing that the petitioner is actually innocent of the offense or offenses for which the petitioner was convicted; or
(3) The claim asserted in the petition seeks relief from a sentence that was enhanced because of a previous conviction and the conviction in the case in which the claim is asserted was not a guilty plea with an agreed sentence, and the previous conviction has subsequently been held to be invalid, in which case the petition must be filed within one (1) year of the finality of the ruling holding the previous conviction to be invalid.
(c) This part contemplates the filing of only one (1) petition for post-conviction relief. In no event may more than one (1) petition for post-conviction relief be filed attacking a single judgment. If a prior petition has been filed which was resolved on the merits by a court of competent jurisdiction, any second or subsequent petition shall be summarily dismissed. A petitioner may move to reopen a post-conviction proceeding that has been concluded, under the limited circumstances set out in § 40-30-117 .
Acts 1995, ch. 207, § 1; 1996, ch. 995, §§ 1-3; T.C.A. § 40-30-202 .
Tenn. Code Ann. § 40-24-105 — TN Code / Title 40 / Chapter 24 / Section 40-24-105
Collection of fines, costs and litigation taxes - Installment payment plan - Suspended license - Restricted license - Conversion to civil judgment - Settlement
Status: in_force

(a) Unless discharged by payment or service of imprisonment in default of a fine, a fine may be collected in the same manner as a judgment in a civil action. The trial court may also enforce all orders assessing any fine remaining in default by contempt upon a finding by the court that the defendant has the present ability to pay the fine and willfully refuses to pay. Costs and litigation taxes due may be collected in the same manner as a judgment in a civil action, but shall not be deemed part of the penalty, and no person shall be imprisoned under this section in default of payment of costs or litigation taxes. The following shall be the allocation formula for moneys paid into court in matters adjudicated on or after January 1, 2022: the first moneys paid in a case shall first be credited toward the payment of restitution owed to the victim, if any, and once restitution has been paid in full, the next moneys shall be credited toward payment of litigation taxes, and once litigation taxes have been paid, the next moneys shall be credited toward payment of costs; then additional moneys shall be credited toward payment of the fine. (b) (1) Any person who is issued a license under title 55 and who has not paid all litigation taxes, court costs, and fines assessed as a result of disposition of any offense under the criminal laws of this state within one (1) year of the date of the completion of the sentence shall enter into an installment payment plan with the clerk of the court ordering disposition of the offense to make payments on the taxes, costs, and fines owed. (2) The clerk of the court ordering disposition of an offense shall offer a payment plan, which must be reasonable and based on a person's income and ability to pay, to any person convicted of an offense under the criminal laws of this state who requests to make payments pursuant to an installment payment plan or who is required to enter into an installment payment plan in accordance with subdivision (b)(1). A person may request, and the court clerk shall grant, modifications to the payment plan upon a change in the person's financial circumstances or upon good cause shown. If the request for modification is denied by a deputy clerk, then the person may appeal the denial to the chief clerk. If a request for modification is denied by the chief clerk, then the person may petition the court for modifications to the payment plan based upon a change in the person's financial circumstances or upon good cause shown. (3) (A) The court clerk shall inform a person who enters into a payment plan pursuant to this subsection (b) that: (i) Failure to timely make the payments as ordered by the court results in the suspension of the person's license and the issuance of a restricted license; and (ii) Any default on the payment plan while the person is issued a restricted license results in the revocation of the restricted license and the person's driving privileges as described in subdivision (b)(5). (B) The court clerk shall notify the department of a person's failure to comply with a payment plan established pursuant to this subsection (b). (C) (i) Upon notice of the person's failure to comply with the payment plan established pursuant to this subsection (b), the department shall notify the person in writing of the pending suspension of the person's license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (b)(3)(C). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (b)(3)(C)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (b)(3)(C)(ii), then the department shall not suspend the person's license. (iv) A person who fails to reestablish compliance with the payment plan or demonstrate to the court clerk or court's satisfaction that the person complied with the court clerk's payment plan and whose license is suspended in accordance with this subdivision (b)(3) may apply to the court for the issuance of a restricted license. The court shall order the issuance of a restricted license if the person is otherwise eligible for a driver license. (D) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall suspend the person's license. Upon the person presenting a certified copy of the court order in accordance with subdivision (b)(4)(B), the department shall issue a restricted license in place of the suspended license. (4) (A) A restricted license issued pursuant to this subsection (b) is valid only for travel necessary for: (i) Employment; (ii) School; (iii) Religious worship; (iv) Participation in a recovery court, which includes drug courts under the Drug Court Treatment Act of 2003, compiled in title 16, chapter 22; DUI courts; mental health courts; and veterans treatment courts; or (v) Serious illness of the person or an immediate family member. (B) The order for the issuance of a restricted license must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle. The person may obtain a certified copy of the order and, within ten (10) days after the order is issued, present it to the department, which shall issue a restricted license embodying the limitations imposed in the order. After proper application and until the restricted license is issued, a certified copy of the order may serve in lieu of a driver license. (5) (A) If a person who is issued a restricted license fails to comply with a payment plan established pursuant to this subsection (b), the court clerk shall notify the department of the person's failure to comply with the payment plan. (B) (i) Upon notice of the person's failure to comply with the payment plan, the department shall notify the person in writing of the pending revocation of the person's restricted license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (b)(5)(B). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (b)(5)(B)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (b)(5)(B)(ii), then the department shall not revoke the person's restricted license. (C) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall revoke the person's restricted license. (D) No sooner than six (6) months from the date of revocation, a person whose restricted license is revoked pursuant to this subdivision (b)(5) may apply with the court clerk for a certification that the person is eligible to be reissued a restricted license; provided, that the person must be actively participating in an installment payment plan in accordance with subdivision (b)(2). (E) Upon the person's application for a certification that the person is eligible to receive a reissued restricted license pursuant to subdivision (b)(5)(D), the court clerk shall certify whether the person is actively participating in a payment plan and request the reissuance of a restricted driver license for the person if the person is otherwise eligible for a driver license. The certification must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle for purposes described in subdivision (b)(4)(A). The person may obtain a copy of the certification and, within ten (10) days after the certification is issued, present it to the department, which shall issue a restricted license embodying the limitations imposed in the certification. After proper application and until the restricted license is issued, a copy of the certification may serve in lieu of a driver license. (6) (A) Notwithstanding this subsection (b), if a licensee claims an inability to pay taxes, fines, or costs imposed for a disposition of any offense under the criminal laws of this state due to indigency, the court shall offer the person the opportunity to submit proof of the person's financial inability to pay, which may include a signed affidavit of indigency. For purposes of this subdivision (b)(6), the standard for a claim of indigency is the same as for an indigent person, as defined in § 40-14-201 . (B) Upon proof of a person's financial inability to pay, the court shall suspend the person's taxes, fines, and costs. No additional fines or costs accrue against the original taxes, fines, and costs as a result of or during the suspension of the person's taxes, fines, and costs. The court may order the person to reappear before the court for a reevaluation of the person's financial ability or inability to pay the taxes, fines, or costs. If, after the reevaluation, the person: (i) Is no longer financially unable to pay or secure any portion of the taxes, fines, or costs in accordance with subdivision (b)(6)(A), the court shall reinstate the taxes, fines, and costs and apply subdivisions (b)(2)-(5); or (ii) Remains financially unable to pay any portion of the taxes, fines, or costs, the court shall extend the suspension of the person's taxes, fines, and costs and may order the person to reappear before the court for a reevaluation of the person's financial ability or inability to pay the fine or cost in accordance with this subdivision (b)(6)(B). The process described by this subdivision (b)(6)(B) applies until the person fully pays the moneys owed the court or any outstanding taxes, fines, or costs are waived by the court. (7) Notwithstanding this subsection (b), a person will be issued a restricted license or have the person's license reinstated only if the person is otherwise eligible for a driver license. (8) The process described by this subsection (b) applies until the person fully pays the moneys owed the court or any outstanding taxes, fines, or costs are waived by the court. (9) If otherwise eligible for a driver license, any person whose driver license was revoked under this section, prior to July 1, 2019, for nonpayment of litigation taxes, court costs, and fines assessed may apply to the court having original jurisdiction over the offense for an order reinstating the person's license upon entering into an installment payment plan under this subsection (b) or the submittal of proof described in subdivision (b)(6). The person may present a certified copy of the court's order to the department of safety, which shall reissue a driver license at no cost to the person if the person is otherwise eligible for a driver license. (c) The district attorney general or the county or municipal attorney, as applicable, may, in that person's discretion, and shall, upon order of the court, institute proceedings to collect the fine, costs and litigation taxes as a civil judgment. (d) (1) Any fine, costs, or litigation taxes remaining in default after the entry of the order assessing the fine, costs, or litigation taxes may be collected by the district attorney general or the criminal or general sessions court clerk in the manner authorized by this section and otherwise by the trial court by contempt upon a finding by the court that the defendant has the present ability to pay the fine and willfully refuses to pay. After a fine, costs, or litigation taxes have been in default for at least six (6) months, the district attorney general or criminal or general sessions court clerk may retain an agent to collect, or institute proceedings to collect, or establish an in-house collection procedure to collect, fines, costs and litigation taxes. If an agent is used, the district attorney general or the criminal or general sessions court clerk shall request the county purchasing agent to utilize normal competitive bidding procedures applicable to the county to select and retain the agent. If the district attorney general and the criminal or general sessions court clerk cannot agree upon who collects the fines, costs and litigation taxes, the presiding judge of the judicial district or a general sessions judge shall make the decision. The district attorney general or criminal or general sessions court clerk may retain up to fifty percent (50%) of the fines, costs and litigation taxes collected pursuant to this subsection (d) in accordance with any in-house collection procedure or, if an agent is used, for the collection agent. The proceeds from any in-house collection shall be treated as other fees of the office. When moneys are paid into court, the allocation formula outlined in subsection (a) shall be followed, except up to fifty percent (50%) may be withheld for in-house collection or, if an agent is used, for the collection agent, with the remainder being allocated according to the formula. (2) On or after January 1, 2015, if an agent is used, the agent's collection fee shall be added to the total amount owed. The agent's collection fee shall not exceed forty percent (40%) of any amounts actually collected. When moneys are paid into court, the allocation formula outlined in subsection (a) shall be followed, except up to forty percent (40%) may be withheld for the collection agent, with the remainder being allocated according to the formula. (e) (1) The governing body of any municipality may by ordinance authorize the employment of a collection agency to collect fines and costs assessed by the municipal court where the fines and costs have not been collected within sixty (60) days after they were due. The authorizing ordinance shall include the requirement that the contract between the municipality and the collection agency be in writing. (2) The collection agency may be paid an amount not exceeding forty percent (40%) of the sums collected as consideration for collecting the fines and costs. (3) The written contract between the collection agency and the municipality shall include a provision specifying whether the agency may institute an action to collect fines and costs in a judicial proceeding. (4) Nothing in this subsection (e) shall be interpreted to permit a municipality to employ a collection agency for the collection of unpaid parking tickets in violation of § 6-54-513 . (f) If any fine, costs or litigation taxes assessed against the defendant in a criminal case remain in default when the defendant is released from the sentence imposed, the sentence expires or the criminal court otherwise loses jurisdiction over the defendant, the sentencing judge, clerk or district attorney general may have the amount remaining in default converted to a civil judgment pursuant to the Tennessee Rules of Civil Procedure. The judgment may be enforced as is provided in this section or in any other manner authorized by law for a civil judgment. (g) After a fine, costs, or litigation taxes have been in default for at least five (5) years, the criminal or general sessions court clerk may, subject to approval by a court of competent jurisdiction, accept a lump-sum partial payment in full settlement of the outstanding balance due on a case. The court shall not approve a settlement unless the amount accepted is equal to or greater than fifty percent (50%) of the combined outstanding balance of all fines, costs, and litigation taxes due on the case. When moneys are paid into court pursuant to this subsection (g), the allocation formula outlined in subsection (a) shall be followed, except the percentage that may be retained by the clerk pursuant to subsection (d) may be withheld, with the remainder being allocated according to the formula. (h) [Deleted by 2019 amendment.] (i) As used in this section, "costs" shall include any jail fees or other incarceration costs imposed. Amended by 2021 Tenn. Acts, ch. 413, s 1, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 410, s 8, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 438, s 6, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 438, s 5, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 579, s 1, eff. 3/16/2018. Amended by 2018 Tenn. Acts, ch. 538, s 1, eff. 3/7/2018. Amended by 2017 Tenn. Acts, ch. 412, Secs.s 2, s 3, s 4eff. 1/1/2018. Amended by 2017 Tenn. Acts, ch. 412, s 1, eff. 1/1/2018. Amended by 2017 Tenn. Acts, ch. 149, s 1, eff. 4/17/2017. Amended by 2015 Tenn. Acts, ch. 257, s 1, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 737, Secs.s 1, s 2eff. 4/22/2014. Acts 1972, ch. 729, § 3; T.C.A., §§ 40-3209, 40-3205; Acts 1991, ch. 467, § 1; 1992, ch. 956, § 1; 1996, ch. 826, § 1; 1996, ch. 920, §1; 1997 , ch. 325, §§1, 2; 2007 , ch. 167, §§1, 2; 2009 , ch. 570, §1; 2009 , ch. 577, §2; 2011 , ch. 504, §§ 1-3.
(a) Unless discharged by payment or service of imprisonment in default of a fine, a fine may be collected in the same manner as a judgment in a civil action. The trial court may also enforce all orders assessing any fine remaining in default by contempt upon a finding by the court that the defendant has the present ability to pay the fine and willfully refuses to pay. Costs and litigation taxes due may be collected in the same manner as a judgment in a civil action, but shall not be deemed part of the penalty, and no person shall be imprisoned under this section in default of payment of costs or litigation taxes. The following shall be the allocation formula for moneys paid into court in matters adjudicated on or after January 1, 2022: the first moneys paid in a case shall first be credited toward the payment of restitution owed to the victim, if any, and once restitution has been paid in full, the next moneys shall be credited toward payment of litigation taxes, and once litigation taxes have been paid, the next moneys shall be credited toward payment of costs; then additional moneys shall be credited toward payment of the fine.
(b) (1) Any person who is issued a license under title 55 and who has not paid all litigation taxes, court costs, and fines assessed as a result of disposition of any offense under the criminal laws of this state within one (1) year of the date of the completion of the sentence shall enter into an installment payment plan with the clerk of the court ordering disposition of the offense to make payments on the taxes, costs, and fines owed. (2) The clerk of the court ordering disposition of an offense shall offer a payment plan, which must be reasonable and based on a person's income and ability to pay, to any person convicted of an offense under the criminal laws of this state who requests to make payments pursuant to an installment payment plan or who is required to enter into an installment payment plan in accordance with subdivision (b)(1). A person may request, and the court clerk shall grant, modifications to the payment plan upon a change in the person's financial circumstances or upon good cause shown. If the request for modification is denied by a deputy clerk, then the person may appeal the denial to the chief clerk. If a request for modification is denied by the chief clerk, then the person may petition the court for modifications to the payment plan based upon a change in the person's financial circumstances or upon good cause shown. (3) (A) The court clerk shall inform a person who enters into a payment plan pursuant to this subsection (b) that: (i) Failure to timely make the payments as ordered by the court results in the suspension of the person's license and the issuance of a restricted license; and (ii) Any default on the payment plan while the person is issued a restricted license results in the revocation of the restricted license and the person's driving privileges as described in subdivision (b)(5). (B) The court clerk shall notify the department of a person's failure to comply with a payment plan established pursuant to this subsection (b). (C) (i) Upon notice of the person's failure to comply with the payment plan established pursuant to this subsection (b), the department shall notify the person in writing of the pending suspension of the person's license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (b)(3)(C). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (b)(3)(C)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (b)(3)(C)(ii), then the department shall not suspend the person's license. (iv) A person who fails to reestablish compliance with the payment plan or demonstrate to the court clerk or court's satisfaction that the person complied with the court clerk's payment plan and whose license is suspended in accordance with this subdivision (b)(3) may apply to the court for the issuance of a restricted license. The court shall order the issuance of a restricted license if the person is otherwise eligible for a driver license. (D) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall suspend the person's license. Upon the person presenting a certified copy of the court order in accordance with subdivision (b)(4)(B), the department shall issue a restricted license in place of the suspended license. (4) (A) A restricted license issued pursuant to this subsection (b) is valid only for travel necessary for: (i) Employment; (ii) School; (iii) Religious worship; (iv) Participation in a recovery court, which includes drug courts under the Drug Court Treatment Act of 2003, compiled in title 16, chapter 22; DUI courts; mental health courts; and veterans treatment courts; or (v) Serious illness of the person or an immediate family member. (B) The order for the issuance of a restricted license must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle. The person may obtain a certified copy of the order and, within ten (10) days after the order is issued, present it to the department, which shall issue a restricted license embodying the limitations imposed in the order. After proper application and until the restricted license is issued, a certified copy of the order may serve in lieu of a driver license. (5) (A) If a person who is issued a restricted license fails to comply with a payment plan established pursuant to this subsection (b), the court clerk shall notify the department of the person's failure to comply with the payment plan. (B) (i) Upon notice of the person's failure to comply with the payment plan, the department shall notify the person in writing of the pending revocation of the person's restricted license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (b)(5)(B). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (b)(5)(B)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (b)(5)(B)(ii), then the department shall not revoke the person's restricted license. (C) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall revoke the person's restricted license. (D) No sooner than six (6) months from the date of revocation, a person whose restricted license is revoked pursuant to this subdivision (b)(5) may apply with the court clerk for a certification that the person is eligible to be reissued a restricted license; provided, that the person must be actively participating in an installment payment plan in accordance with subdivision (b)(2). (E) Upon the person's application for a certification that the person is eligible to receive a reissued restricted license pursuant to subdivision (b)(5)(D), the court clerk shall certify whether the person is actively participating in a payment plan and request the reissuance of a restricted driver license for the person if the person is otherwise eligible for a driver license. The certification must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle for purposes described in subdivision (b)(4)(A). The person may obtain a copy of the certification and, within ten (10) days after the certification is issued, present it to the department, which shall issue a restricted license embodying the limitations imposed in the certification. After proper application and until the restricted license is issued, a copy of the certification may serve in lieu of a driver license. (6) (A) Notwithstanding this subsection (b), if a licensee claims an inability to pay taxes, fines, or costs imposed for a disposition of any offense under the criminal laws of this state due to indigency, the court shall offer the person the opportunity to submit proof of the person's financial inability to pay, which may include a signed affidavit of indigency. For purposes of this subdivision (b)(6), the standard for a claim of indigency is the same as for an indigent person, as defined in § 40-14-201 . (B) Upon proof of a person's financial inability to pay, the court shall suspend the person's taxes, fines, and costs. No additional fines or costs accrue against the original taxes, fines, and costs as a result of or during the suspension of the person's taxes, fines, and costs. The court may order the person to reappear before the court for a reevaluation of the person's financial ability or inability to pay the taxes, fines, or costs. If, after the reevaluation, the person: (i) Is no longer financially unable to pay or secure any portion of the taxes, fines, or costs in accordance with subdivision (b)(6)(A), the court shall reinstate the taxes, fines, and costs and apply subdivisions (b)(2)-(5); or (ii) Remains financially unable to pay any portion of the taxes, fines, or costs, the court shall extend the suspension of the person's taxes, fines, and costs and may order the person to reappear before the court for a reevaluation of the person's financial ability or inability to pay the fine or cost in accordance with this subdivision (b)(6)(B). The process described by this subdivision (b)(6)(B) applies until the person fully pays the moneys owed the court or any outstanding taxes, fines, or costs are waived by the court. (7) Notwithstanding this subsection (b), a person will be issued a restricted license or have the person's license reinstated only if the person is otherwise eligible for a driver license. (8) The process described by this subsection (b) applies until the person fully pays the moneys owed the court or any outstanding taxes, fines, or costs are waived by the court. (9) If otherwise eligible for a driver license, any person whose driver license was revoked under this section, prior to July 1, 2019, for nonpayment of litigation taxes, court costs, and fines assessed may apply to the court having original jurisdiction over the offense for an order reinstating the person's license upon entering into an installment payment plan under this subsection (b) or the submittal of proof described in subdivision (b)(6). The person may present a certified copy of the court's order to the department of safety, which shall reissue a driver license at no cost to the person if the person is otherwise eligible for a driver license.
(1) Any person who is issued a license under title 55 and who has not paid all litigation taxes, court costs, and fines assessed as a result of disposition of any offense under the criminal laws of this state within one (1) year of the date of the completion of the sentence shall enter into an installment payment plan with the clerk of the court ordering disposition of the offense to make payments on the taxes, costs, and fines owed.
(2) The clerk of the court ordering disposition of an offense shall offer a payment plan, which must be reasonable and based on a person's income and ability to pay, to any person convicted of an offense under the criminal laws of this state who requests to make payments pursuant to an installment payment plan or who is required to enter into an installment payment plan in accordance with subdivision (b)(1). A person may request, and the court clerk shall grant, modifications to the payment plan upon a change in the person's financial circumstances or upon good cause shown. If the request for modification is denied by a deputy clerk, then the person may appeal the denial to the chief clerk. If a request for modification is denied by the chief clerk, then the person may petition the court for modifications to the payment plan based upon a change in the person's financial circumstances or upon good cause shown.
(3) (A) The court clerk shall inform a person who enters into a payment plan pursuant to this subsection (b) that: (i) Failure to timely make the payments as ordered by the court results in the suspension of the person's license and the issuance of a restricted license; and (ii) Any default on the payment plan while the person is issued a restricted license results in the revocation of the restricted license and the person's driving privileges as described in subdivision (b)(5). (B) The court clerk shall notify the department of a person's failure to comply with a payment plan established pursuant to this subsection (b). (C) (i) Upon notice of the person's failure to comply with the payment plan established pursuant to this subsection (b), the department shall notify the person in writing of the pending suspension of the person's license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (b)(3)(C). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (b)(3)(C)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (b)(3)(C)(ii), then the department shall not suspend the person's license. (iv) A person who fails to reestablish compliance with the payment plan or demonstrate to the court clerk or court's satisfaction that the person complied with the court clerk's payment plan and whose license is suspended in accordance with this subdivision (b)(3) may apply to the court for the issuance of a restricted license. The court shall order the issuance of a restricted license if the person is otherwise eligible for a driver license. (D) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall suspend the person's license. Upon the person presenting a certified copy of the court order in accordance with subdivision (b)(4)(B), the department shall issue a restricted license in place of the suspended license.
(A) The court clerk shall inform a person who enters into a payment plan pursuant to this subsection (b) that: (i) Failure to timely make the payments as ordered by the court results in the suspension of the person's license and the issuance of a restricted license; and (ii) Any default on the payment plan while the person is issued a restricted license results in the revocation of the restricted license and the person's driving privileges as described in subdivision (b)(5).
(i) Failure to timely make the payments as ordered by the court results in the suspension of the person's license and the issuance of a restricted license; and
(ii) Any default on the payment plan while the person is issued a restricted license results in the revocation of the restricted license and the person's driving privileges as described in subdivision (b)(5).
(B) The court clerk shall notify the department of a person's failure to comply with a payment plan established pursuant to this subsection (b).
(C) (i) Upon notice of the person's failure to comply with the payment plan established pursuant to this subsection (b), the department shall notify the person in writing of the pending suspension of the person's license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (b)(3)(C). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (b)(3)(C)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (b)(3)(C)(ii), then the department shall not suspend the person's license. (iv) A person who fails to reestablish compliance with the payment plan or demonstrate to the court clerk or court's satisfaction that the person complied with the court clerk's payment plan and whose license is suspended in accordance with this subdivision (b)(3) may apply to the court for the issuance of a restricted license. The court shall order the issuance of a restricted license if the person is otherwise eligible for a driver license.
(i) Upon notice of the person's failure to comply with the payment plan established pursuant to this subsection (b), the department shall notify the person in writing of the pending suspension of the person's license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (b)(3)(C).
(ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (b)(3)(C)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan.
(iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (b)(3)(C)(ii), then the department shall not suspend the person's license.
(iv) A person who fails to reestablish compliance with the payment plan or demonstrate to the court clerk or court's satisfaction that the person complied with the court clerk's payment plan and whose license is suspended in accordance with this subdivision (b)(3) may apply to the court for the issuance of a restricted license. The court shall order the issuance of a restricted license if the person is otherwise eligible for a driver license.
(D) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall suspend the person's license. Upon the person presenting a certified copy of the court order in accordance with subdivision (b)(4)(B), the department shall issue a restricted license in place of the suspended license.
(4) (A) A restricted license issued pursuant to this subsection (b) is valid only for travel necessary for: (i) Employment; (ii) School; (iii) Religious worship; (iv) Participation in a recovery court, which includes drug courts under the Drug Court Treatment Act of 2003, compiled in title 16, chapter 22; DUI courts; mental health courts; and veterans treatment courts; or (v) Serious illness of the person or an immediate family member. (B) The order for the issuance of a restricted license must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle. The person may obtain a certified copy of the order and, within ten (10) days after the order is issued, present it to the department, which shall issue a restricted license embodying the limitations imposed in the order. After proper application and until the restricted license is issued, a certified copy of the order may serve in lieu of a driver license.
(A) A restricted license issued pursuant to this subsection (b) is valid only for travel necessary for: (i) Employment; (ii) School; (iii) Religious worship; (iv) Participation in a recovery court, which includes drug courts under the Drug Court Treatment Act of 2003, compiled in title 16, chapter 22; DUI courts; mental health courts; and veterans treatment courts; or (v) Serious illness of the person or an immediate family member.
(i) Employment;
(ii) School;
(iii) Religious worship;
(iv) Participation in a recovery court, which includes drug courts under the Drug Court Treatment Act of 2003, compiled in title 16, chapter 22; DUI courts; mental health courts; and veterans treatment courts; or
(v) Serious illness of the person or an immediate family member.
(B) The order for the issuance of a restricted license must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle. The person may obtain a certified copy of the order and, within ten (10) days after the order is issued, present it to the department, which shall issue a restricted license embodying the limitations imposed in the order. After proper application and until the restricted license is issued, a certified copy of the order may serve in lieu of a driver license.
(5) (A) If a person who is issued a restricted license fails to comply with a payment plan established pursuant to this subsection (b), the court clerk shall notify the department of the person's failure to comply with the payment plan. (B) (i) Upon notice of the person's failure to comply with the payment plan, the department shall notify the person in writing of the pending revocation of the person's restricted license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (b)(5)(B). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (b)(5)(B)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (b)(5)(B)(ii), then the department shall not revoke the person's restricted license. (C) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall revoke the person's restricted license. (D) No sooner than six (6) months from the date of revocation, a person whose restricted license is revoked pursuant to this subdivision (b)(5) may apply with the court clerk for a certification that the person is eligible to be reissued a restricted license; provided, that the person must be actively participating in an installment payment plan in accordance with subdivision (b)(2). (E) Upon the person's application for a certification that the person is eligible to receive a reissued restricted license pursuant to subdivision (b)(5)(D), the court clerk shall certify whether the person is actively participating in a payment plan and request the reissuance of a restricted driver license for the person if the person is otherwise eligible for a driver license. The certification must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle for purposes described in subdivision (b)(4)(A). The person may obtain a copy of the certification and, within ten (10) days after the certification is issued, present it to the department, which shall issue a restricted license embodying the limitations imposed in the certification. After proper application and until the restricted license is issued, a copy of the certification may serve in lieu of a driver license.
(A) If a person who is issued a restricted license fails to comply with a payment plan established pursuant to this subsection (b), the court clerk shall notify the department of the person's failure to comply with the payment plan.
(B) (i) Upon notice of the person's failure to comply with the payment plan, the department shall notify the person in writing of the pending revocation of the person's restricted license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (b)(5)(B). (ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (b)(5)(B)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan. (iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (b)(5)(B)(ii), then the department shall not revoke the person's restricted license.
(i) Upon notice of the person's failure to comply with the payment plan, the department shall notify the person in writing of the pending revocation of the person's restricted license and instruct the person to contact the appropriate court clerk within the time period described in this subdivision (b)(5)(B).
(ii) A person has thirty (30) days from the date the department sends the notice described in subdivision (b)(5)(B)(i) to reestablish compliance with the payment plan or petition the court clerk or court and demonstrate that the person has, in fact, complied with the court clerk's payment plan.
(iii) If the person reestablishes compliance with the payment plan or demonstrates to the court clerk or court that the person complied with the court clerk's payment plan, then the court clerk shall issue a receipt or other documentation to the person. If the person presents the receipt or other documentation to the department prior to the expiration of the thirty-day period described in subdivision (b)(5)(B)(ii), then the department shall not revoke the person's restricted license.
(C) If the person does not present the receipt or other documentation to the department prior to the expiration of the thirty-day period, then the department shall revoke the person's restricted license.
(D) No sooner than six (6) months from the date of revocation, a person whose restricted license is revoked pursuant to this subdivision (b)(5) may apply with the court clerk for a certification that the person is eligible to be reissued a restricted license; provided, that the person must be actively participating in an installment payment plan in accordance with subdivision (b)(2).
(E) Upon the person's application for a certification that the person is eligible to receive a reissued restricted license pursuant to subdivision (b)(5)(D), the court clerk shall certify whether the person is actively participating in a payment plan and request the reissuance of a restricted driver license for the person if the person is otherwise eligible for a driver license. The certification must state with all practicable specificity the necessary times and places of permissible operation of a motor vehicle for purposes described in subdivision (b)(4)(A). The person may obtain a copy of the certification and, within ten (10) days after the certification is issued, present it to the department, which shall issue a restricted license embodying the limitations imposed in the certification. After proper application and until the restricted license is issued, a copy of the certification may serve in lieu of a driver license.
(6) (A) Notwithstanding this subsection (b), if a licensee claims an inability to pay taxes, fines, or costs imposed for a disposition of any offense under the criminal laws of this state due to indigency, the court shall offer the person the opportunity to submit proof of the person's financial inability to pay, which may include a signed affidavit of indigency. For purposes of this subdivision (b)(6), the standard for a claim of indigency is the same as for an indigent person, as defined in § 40-14-201 . (B) Upon proof of a person's financial inability to pay, the court shall suspend the person's taxes, fines, and costs. No additional fines or costs accrue against the original taxes, fines, and costs as a result of or during the suspension of the person's taxes, fines, and costs. The court may order the person to reappear before the court for a reevaluation of the person's financial ability or inability to pay the taxes, fines, or costs. If, after the reevaluation, the person: (i) Is no longer financially unable to pay or secure any portion of the taxes, fines, or costs in accordance with subdivision (b)(6)(A), the court shall reinstate the taxes, fines, and costs and apply subdivisions (b)(2)-(5); or (ii) Remains financially unable to pay any portion of the taxes, fines, or costs, the court shall extend the suspension of the person's taxes, fines, and costs and may order the person to reappear before the court for a reevaluation of the person's financial ability or inability to pay the fine or cost in accordance with this subdivision (b)(6)(B). The process described by this subdivision (b)(6)(B) applies until the person fully pays the moneys owed the court or any outstanding taxes, fines, or costs are waived by the court.
(A) Notwithstanding this subsection (b), if a licensee claims an inability to pay taxes, fines, or costs imposed for a disposition of any offense under the criminal laws of this state due to indigency, the court shall offer the person the opportunity to submit proof of the person's financial inability to pay, which may include a signed affidavit of indigency. For purposes of this subdivision (b)(6), the standard for a claim of indigency is the same as for an indigent person, as defined in § 40-14-201 .
(B) Upon proof of a person's financial inability to pay, the court shall suspend the person's taxes, fines, and costs. No additional fines or costs accrue against the original taxes, fines, and costs as a result of or during the suspension of the person's taxes, fines, and costs. The court may order the person to reappear before the court for a reevaluation of the person's financial ability or inability to pay the taxes, fines, or costs. If, after the reevaluation, the person: (i) Is no longer financially unable to pay or secure any portion of the taxes, fines, or costs in accordance with subdivision (b)(6)(A), the court shall reinstate the taxes, fines, and costs and apply subdivisions (b)(2)-(5); or (ii) Remains financially unable to pay any portion of the taxes, fines, or costs, the court shall extend the suspension of the person's taxes, fines, and costs and may order the person to reappear before the court for a reevaluation of the person's financial ability or inability to pay the fine or cost in accordance with this subdivision (b)(6)(B). The process described by this subdivision (b)(6)(B) applies until the person fully pays the moneys owed the court or any outstanding taxes, fines, or costs are waived by the court.
(i) Is no longer financially unable to pay or secure any portion of the taxes, fines, or costs in accordance with subdivision (b)(6)(A), the court shall reinstate the taxes, fines, and costs and apply subdivisions (b)(2)-(5); or
(ii) Remains financially unable to pay any portion of the taxes, fines, or costs, the court shall extend the suspension of the person's taxes, fines, and costs and may order the person to reappear before the court for a reevaluation of the person's financial ability or inability to pay the fine or cost in accordance with this subdivision (b)(6)(B). The process described by this subdivision (b)(6)(B) applies until the person fully pays the moneys owed the court or any outstanding taxes, fines, or costs are waived by the court.
(7) Notwithstanding this subsection (b), a person will be issued a restricted license or have the person's license reinstated only if the person is otherwise eligible for a driver license.
(8) The process described by this subsection (b) applies until the person fully pays the moneys owed the court or any outstanding taxes, fines, or costs are waived by the court.
(9) If otherwise eligible for a driver license, any person whose driver license was revoked under this section, prior to July 1, 2019, for nonpayment of litigation taxes, court costs, and fines assessed may apply to the court having original jurisdiction over the offense for an order reinstating the person's license upon entering into an installment payment plan under this subsection (b) or the submittal of proof described in subdivision (b)(6). The person may present a certified copy of the court's order to the department of safety, which shall reissue a driver license at no cost to the person if the person is otherwise eligible for a driver license.
(c) The district attorney general or the county or municipal attorney, as applicable, may, in that person's discretion, and shall, upon order of the court, institute proceedings to collect the fine, costs and litigation taxes as a civil judgment.
(d) (1) Any fine, costs, or litigation taxes remaining in default after the entry of the order assessing the fine, costs, or litigation taxes may be collected by the district attorney general or the criminal or general sessions court clerk in the manner authorized by this section and otherwise by the trial court by contempt upon a finding by the court that the defendant has the present ability to pay the fine and willfully refuses to pay. After a fine, costs, or litigation taxes have been in default for at least six (6) months, the district attorney general or criminal or general sessions court clerk may retain an agent to collect, or institute proceedings to collect, or establish an in-house collection procedure to collect, fines, costs and litigation taxes. If an agent is used, the district attorney general or the criminal or general sessions court clerk shall request the county purchasing agent to utilize normal competitive bidding procedures applicable to the county to select and retain the agent. If the district attorney general and the criminal or general sessions court clerk cannot agree upon who collects the fines, costs and litigation taxes, the presiding judge of the judicial district or a general sessions judge shall make the decision. The district attorney general or criminal or general sessions court clerk may retain up to fifty percent (50%) of the fines, costs and litigation taxes collected pursuant to this subsection (d) in accordance with any in-house collection procedure or, if an agent is used, for the collection agent. The proceeds from any in-house collection shall be treated as other fees of the office. When moneys are paid into court, the allocation formula outlined in subsection (a) shall be followed, except up to fifty percent (50%) may be withheld for in-house collection or, if an agent is used, for the collection agent, with the remainder being allocated according to the formula. (2) On or after January 1, 2015, if an agent is used, the agent's collection fee shall be added to the total amount owed. The agent's collection fee shall not exceed forty percent (40%) of any amounts actually collected. When moneys are paid into court, the allocation formula outlined in subsection (a) shall be followed, except up to forty percent (40%) may be withheld for the collection agent, with the remainder being allocated according to the formula.
(1) Any fine, costs, or litigation taxes remaining in default after the entry of the order assessing the fine, costs, or litigation taxes may be collected by the district attorney general or the criminal or general sessions court clerk in the manner authorized by this section and otherwise by the trial court by contempt upon a finding by the court that the defendant has the present ability to pay the fine and willfully refuses to pay. After a fine, costs, or litigation taxes have been in default for at least six (6) months, the district attorney general or criminal or general sessions court clerk may retain an agent to collect, or institute proceedings to collect, or establish an in-house collection procedure to collect, fines, costs and litigation taxes. If an agent is used, the district attorney general or the criminal or general sessions court clerk shall request the county purchasing agent to utilize normal competitive bidding procedures applicable to the county to select and retain the agent. If the district attorney general and the criminal or general sessions court clerk cannot agree upon who collects the fines, costs and litigation taxes, the presiding judge of the judicial district or a general sessions judge shall make the decision. The district attorney general or criminal or general sessions court clerk may retain up to fifty percent (50%) of the fines, costs and litigation taxes collected pursuant to this subsection (d) in accordance with any in-house collection procedure or, if an agent is used, for the collection agent. The proceeds from any in-house collection shall be treated as other fees of the office. When moneys are paid into court, the allocation formula outlined in subsection (a) shall be followed, except up to fifty percent (50%) may be withheld for in-house collection or, if an agent is used, for the collection agent, with the remainder being allocated according to the formula.
(2) On or after January 1, 2015, if an agent is used, the agent's collection fee shall be added to the total amount owed. The agent's collection fee shall not exceed forty percent (40%) of any amounts actually collected. When moneys are paid into court, the allocation formula outlined in subsection (a) shall be followed, except up to forty percent (40%) may be withheld for the collection agent, with the remainder being allocated according to the formula.
(e) (1) The governing body of any municipality may by ordinance authorize the employment of a collection agency to collect fines and costs assessed by the municipal court where the fines and costs have not been collected within sixty (60) days after they were due. The authorizing ordinance shall include the requirement that the contract between the municipality and the collection agency be in writing. (2) The collection agency may be paid an amount not exceeding forty percent (40%) of the sums collected as consideration for collecting the fines and costs. (3) The written contract between the collection agency and the municipality shall include a provision specifying whether the agency may institute an action to collect fines and costs in a judicial proceeding. (4) Nothing in this subsection (e) shall be interpreted to permit a municipality to employ a collection agency for the collection of unpaid parking tickets in violation of § 6-54-513 .
(1) The governing body of any municipality may by ordinance authorize the employment of a collection agency to collect fines and costs assessed by the municipal court where the fines and costs have not been collected within sixty (60) days after they were due. The authorizing ordinance shall include the requirement that the contract between the municipality and the collection agency be in writing.
(2) The collection agency may be paid an amount not exceeding forty percent (40%) of the sums collected as consideration for collecting the fines and costs.
(3) The written contract between the collection agency and the municipality shall include a provision specifying whether the agency may institute an action to collect fines and costs in a judicial proceeding.
(4) Nothing in this subsection (e) shall be interpreted to permit a municipality to employ a collection agency for the collection of unpaid parking tickets in violation of § 6-54-513 .
(f) If any fine, costs or litigation taxes assessed against the defendant in a criminal case remain in default when the defendant is released from the sentence imposed, the sentence expires or the criminal court otherwise loses jurisdiction over the defendant, the sentencing judge, clerk or district attorney general may have the amount remaining in default converted to a civil judgment pursuant to the Tennessee Rules of Civil Procedure. The judgment may be enforced as is provided in this section or in any other manner authorized by law for a civil judgment.
(g) After a fine, costs, or litigation taxes have been in default for at least five (5) years, the criminal or general sessions court clerk may, subject to approval by a court of competent jurisdiction, accept a lump-sum partial payment in full settlement of the outstanding balance due on a case. The court shall not approve a settlement unless the amount accepted is equal to or greater than fifty percent (50%) of the combined outstanding balance of all fines, costs, and litigation taxes due on the case. When moneys are paid into court pursuant to this subsection (g), the allocation formula outlined in subsection (a) shall be followed, except the percentage that may be retained by the clerk pursuant to subsection (d) may be withheld, with the remainder being allocated according to the formula.
(h) [Deleted by 2019 amendment.]
(i) As used in this section, "costs" shall include any jail fees or other incarceration costs imposed.
Amended by 2021 Tenn. Acts, ch. 413, s 1, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 410, s 8, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 438, s 6, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 438, s 5, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 579, s 1, eff. 3/16/2018.
Amended by 2018 Tenn. Acts, ch. 538, s 1, eff. 3/7/2018.
Amended by 2017 Tenn. Acts, ch. 412, Secs.s 2, s 3, s 4eff. 1/1/2018.
Amended by 2017 Tenn. Acts, ch. 412, s 1, eff. 1/1/2018.
Amended by 2017 Tenn. Acts, ch. 149, s 1, eff. 4/17/2017.
Amended by 2015 Tenn. Acts, ch. 257, s 1, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 737, Secs.s 1, s 2eff. 4/22/2014.
Acts 1972, ch. 729, § 3; T.C.A., §§ 40-3209, 40-3205; Acts 1991, ch. 467, § 1; 1992, ch. 956, § 1; 1996, ch. 826, § 1; 1996, ch. 920, §1; 1997 , ch. 325, §§1, 2; 2007 , ch. 167, §§1, 2; 2009 , ch. 570, §1; 2009 , ch. 577, §2; 2011 , ch. 504, §§ 1-3.
Tenn. Code Ann. § 40-35-212 — TN Code / Title 40 / Chapter 35 / Section 40-35-212
Court to determine location and conditions of sentence - Probation - Retention of jurisdiction during sentence
Status: in_force

(a) In imposing a sentence, the court shall determine under what conditions a sentence will be served as provided by law. A defendant may be sentenced to the department of correction unless prohibited by § 40-35-104(b) . (b) A court may also order probation where a defendant is eligible by law either: (1) Immediately upon sentencing; (2) In conjunction with a specific period of confinement pursuant to § 40-35-306 ; or (3) In conjunction with a period of periodic confinement pursuant to § 40-35-307 . (c) Unless the defendant receives a sentence in the department, the court shall retain full jurisdiction over the manner of the defendant's sentence service. (d) (1) Notwithstanding subsection (c), the court shall retain full jurisdiction over a defendant sentenced to the department during the time the defendant is being housed in a local jail or workhouse awaiting transfer to the department. The jurisdiction shall continue until the defendant is actually transferred to the physical custody of the department. (2) The sheriff shall promptly transfer any inmate sentenced to the department of correction who is being housed in the sheriff's local jail awaiting transfer when called upon to do so by a department of correction official. The department shall notify the sheriff in writing of the date the department intends to take custody of the inmate for transfer to the department. The notice shall be given as soon as practicable before the transfer date. Failure to do so shall result in the state withholding any housing reimbursement allowance that might otherwise be due the county for housing the inmate for any day or portion of a day that the sheriff fails or refuses to transfer custody of the inmate to the department after being requested in writing to do so. The department shall notify each sheriff of the provisions of this subdivision (d)(2) and the consequences for failing to comply with it. Acts 1989, ch. 591, § 6; 2005, ch. 174, § 2.
(a) In imposing a sentence, the court shall determine under what conditions a sentence will be served as provided by law. A defendant may be sentenced to the department of correction unless prohibited by § 40-35-104(b) .
(b) A court may also order probation where a defendant is eligible by law either: (1) Immediately upon sentencing; (2) In conjunction with a specific period of confinement pursuant to § 40-35-306 ; or (3) In conjunction with a period of periodic confinement pursuant to § 40-35-307 .
(1) Immediately upon sentencing;
(2) In conjunction with a specific period of confinement pursuant to § 40-35-306 ; or
(3) In conjunction with a period of periodic confinement pursuant to § 40-35-307 .
(c) Unless the defendant receives a sentence in the department, the court shall retain full jurisdiction over the manner of the defendant's sentence service.
(d) (1) Notwithstanding subsection (c), the court shall retain full jurisdiction over a defendant sentenced to the department during the time the defendant is being housed in a local jail or workhouse awaiting transfer to the department. The jurisdiction shall continue until the defendant is actually transferred to the physical custody of the department. (2) The sheriff shall promptly transfer any inmate sentenced to the department of correction who is being housed in the sheriff's local jail awaiting transfer when called upon to do so by a department of correction official. The department shall notify the sheriff in writing of the date the department intends to take custody of the inmate for transfer to the department. The notice shall be given as soon as practicable before the transfer date. Failure to do so shall result in the state withholding any housing reimbursement allowance that might otherwise be due the county for housing the inmate for any day or portion of a day that the sheriff fails or refuses to transfer custody of the inmate to the department after being requested in writing to do so. The department shall notify each sheriff of the provisions of this subdivision (d)(2) and the consequences for failing to comply with it.
(1) Notwithstanding subsection (c), the court shall retain full jurisdiction over a defendant sentenced to the department during the time the defendant is being housed in a local jail or workhouse awaiting transfer to the department. The jurisdiction shall continue until the defendant is actually transferred to the physical custody of the department.
(2) The sheriff shall promptly transfer any inmate sentenced to the department of correction who is being housed in the sheriff's local jail awaiting transfer when called upon to do so by a department of correction official. The department shall notify the sheriff in writing of the date the department intends to take custody of the inmate for transfer to the department. The notice shall be given as soon as practicable before the transfer date. Failure to do so shall result in the state withholding any housing reimbursement allowance that might otherwise be due the county for housing the inmate for any day or portion of a day that the sheriff fails or refuses to transfer custody of the inmate to the department after being requested in writing to do so. The department shall notify each sheriff of the provisions of this subdivision (d)(2) and the consequences for failing to comply with it.
Acts 1989, ch. 591, § 6; 2005, ch. 174, § 2.
Tenn. Code Ann. § 40-4-103 — TN Code / Title 40 / Chapter 4 / Section 40-4-103
Plea of guilty
Status: in_force

If the defendant pleads guilty to the charges in the warrant, the proceedings in the case shall then be the same in all respects as now prescribed by law. Acts 1899, ch. 16, § 3; Shan., § 7034a3; Code 1932, § 11577; T.C.A. (orig. ed.), § 40-405.
If the defendant pleads guilty to the charges in the warrant, the proceedings in the case shall then be the same in all respects as now prescribed by law.
Acts 1899, ch. 16, § 3; Shan., § 7034a3; Code 1932, § 11577; T.C.A. (orig. ed.), § 40-405.
Tenn. Code Ann. § 40-3-206 — TN Code / Title 40 / Chapter 3 / Section 40-3-206
Collection of fees - Clerk's fee
Status: in_force

Any fees collected pursuant to this part shall be collected by the clerk of the court in the same manner in which other costs are collected. The clerk shall be entitled to a reasonable handling fee not to exceed five percent (5%) of the amount collected; 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 fee shall not exceed ten percent (10%) of the amount collected. Acts 1984, ch. 998, § 6; 1995, ch. 456, § 9.
Any fees collected pursuant to this part shall be collected by the clerk of the court in the same manner in which other costs are collected. The clerk shall be entitled to a reasonable handling fee not to exceed five percent (5%) of the amount collected; 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 fee shall not exceed ten percent (10%) of the amount collected.
Acts 1984, ch. 998, § 6; 1995, ch. 456, § 9.
Tenn. Code Ann. § 40-6-306 — TN Code / Title 40 / Chapter 6 / Section 40-6-306
Disclosure of communications to law enforcement officers
Status: in_force

(a) Any investigative or law enforcement officer who, by any means authorized by this part or §§ 39-13-601 - [former] 39-13-603 [repealed], has obtained knowledge of the contents of any wire, oral or electronic communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure. (b) Any investigative or law enforcement officer who, by any means authorized by this part or §§ 39-13-601 - [former] 39-13-603 [repealed], has obtained knowledge of the contents of any wire, oral or electronic communication or evidence derived therefrom may use the contents to the extent the use is appropriate to the proper performance of the officer's official duties. (c) Any person who has received, by any means authorized by this part or §§ 39-13-601 - [former] 39-13-603 [repealed], any information concerning a wire, oral or electronic communication, or evidence derived therefrom, intercepted in accordance with this part or §§ 39-13-601 - [former] 39-13-603 [repealed] may disclose the contents of that communication or derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of the state of Tennessee, or a political subdivision of the state, or of the United States, or a political subdivision of the United States. (d) Nothing in this part or §§ 39-13-601 - [former] 39-13-603 [repealed] shall be construed as permitting the interception of a wire, oral or electronic communication that is made privileged by law unless the judge issuing the order for the interception finds probable cause to believe that all parties to the privileged communication are criminally responsible for the commission of a homicide offense, conspiracy to commit a homicide offense or commission of a violation of § 39-17-417(j) . (e) When an investigative or law enforcement officer, while engaged in intercepting wire, oral or electronic communications in the manner authorized in this part, intercepts wire, oral or electronic communications relating to offenses other than those specified in the order of authorization, the contents thereof and evidence derived therefrom, may be disclosed or used as provided in subsections (a) and (b). The contents and any evidence derived therefrom may be used under subsection (c) when authorized by a judge of competent jurisdiction where the judge finds on subsequent application that the contents were otherwise intercepted in accordance with this part or §§ 39-13-601 - [former] 39-13-603 [repealed]. The application shall be made as soon as practicable after the interception. Acts 1994, ch. 964, § 7; 1996, ch. 680, § 2.
(a) Any investigative or law enforcement officer who, by any means authorized by this part or §§ 39-13-601 - [former] 39-13-603 [repealed], has obtained knowledge of the contents of any wire, oral or electronic communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
(b) Any investigative or law enforcement officer who, by any means authorized by this part or §§ 39-13-601 - [former] 39-13-603 [repealed], has obtained knowledge of the contents of any wire, oral or electronic communication or evidence derived therefrom may use the contents to the extent the use is appropriate to the proper performance of the officer's official duties.
(c) Any person who has received, by any means authorized by this part or §§ 39-13-601 - [former] 39-13-603 [repealed], any information concerning a wire, oral or electronic communication, or evidence derived therefrom, intercepted in accordance with this part or §§ 39-13-601 - [former] 39-13-603 [repealed] may disclose the contents of that communication or derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of the state of Tennessee, or a political subdivision of the state, or of the United States, or a political subdivision of the United States.
(d) Nothing in this part or §§ 39-13-601 - [former] 39-13-603 [repealed] shall be construed as permitting the interception of a wire, oral or electronic communication that is made privileged by law unless the judge issuing the order for the interception finds probable cause to believe that all parties to the privileged communication are criminally responsible for the commission of a homicide offense, conspiracy to commit a homicide offense or commission of a violation of § 39-17-417(j) .
(e) When an investigative or law enforcement officer, while engaged in intercepting wire, oral or electronic communications in the manner authorized in this part, intercepts wire, oral or electronic communications relating to offenses other than those specified in the order of authorization, the contents thereof and evidence derived therefrom, may be disclosed or used as provided in subsections (a) and (b). The contents and any evidence derived therefrom may be used under subsection (c) when authorized by a judge of competent jurisdiction where the judge finds on subsequent application that the contents were otherwise intercepted in accordance with this part or §§ 39-13-601 - [former] 39-13-603 [repealed]. The application shall be made as soon as practicable after the interception.
Acts 1994, ch. 964, § 7; 1996, ch. 680, § 2.
Tenn. Code Ann. § 40-11-309 — TN Code / Title 40 / Chapter 11 / Section 40-11-309
Fixing of cases prohibited
Status: in_force

(a) It is unlawful for any professional bondsman to do or perform any act, engage in any negotiations, enter into any agreement or transaction, pay or give any money or other thing of value or offer or attempt to do so directly or indirectly, whether alone, or by or through others acting for the bondsman, or in the bondsman's behalf or in concert with others, or at the bondsman's instance or request, or whether with or without consideration, as surety or otherwise, with the intent, purpose or design of: (1) Effecting, procuring, bringing about, arranging for or "fixing" the disposition, dismissal or compromise of any criminal action or prosecution or of arranging, bargaining for, or "fixing" the amount of fine or costs, and/or term of imprisonment or for any particular action of a court, judge, grand or petit jury or prosecuting attorney, in any criminal case, contempt proceeding or other penal action or offense before any court; (2) Stopping, preventing, obstructing, impeding, interfering with, retarding or delaying the prosecution of any criminal charge against an accused, or the processes of law in respect thereof; (3) Procuring sheriffs or their deputies, constables, police officers or other peace officers or any prosecutor of criminal offenses or violations to abandon or withdraw from the prosecution of the offenses or violations; (4) Procuring witnesses to disappear or be concealed; (5) Arranging for the loss or disappearance of bonds, court papers, exhibits or other evidence in criminal cases; or (6) Doing or performing any other act to accomplish the disposition and dismissal of any charge against an accused person by any other means whatever than through the processes and agencies established by law. (b) Nothing in this section shall deny to any professional bondsman or deprive the bondsman of the right and privilege of presenting to the court any matters affecting the legal liability of the bondsman as surety for an accused in any case where the question of liability is before the court for consideration or disposition. (c) Nothing in this section shall be construed as conferring upon any professional bondsman the right to appear for or on behalf of an accused as an attorney at law in any action, suit, transaction or dealing with or before the court, whether in open court or at chambers. Acts 1939, ch. 199, § 6; C. Supp. 1950, § 11715.6; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-1409.
(a) It is unlawful for any professional bondsman to do or perform any act, engage in any negotiations, enter into any agreement or transaction, pay or give any money or other thing of value or offer or attempt to do so directly or indirectly, whether alone, or by or through others acting for the bondsman, or in the bondsman's behalf or in concert with others, or at the bondsman's instance or request, or whether with or without consideration, as surety or otherwise, with the intent, purpose or design of: (1) Effecting, procuring, bringing about, arranging for or "fixing" the disposition, dismissal or compromise of any criminal action or prosecution or of arranging, bargaining for, or "fixing" the amount of fine or costs, and/or term of imprisonment or for any particular action of a court, judge, grand or petit jury or prosecuting attorney, in any criminal case, contempt proceeding or other penal action or offense before any court; (2) Stopping, preventing, obstructing, impeding, interfering with, retarding or delaying the prosecution of any criminal charge against an accused, or the processes of law in respect thereof; (3) Procuring sheriffs or their deputies, constables, police officers or other peace officers or any prosecutor of criminal offenses or violations to abandon or withdraw from the prosecution of the offenses or violations; (4) Procuring witnesses to disappear or be concealed; (5) Arranging for the loss or disappearance of bonds, court papers, exhibits or other evidence in criminal cases; or (6) Doing or performing any other act to accomplish the disposition and dismissal of any charge against an accused person by any other means whatever than through the processes and agencies established by law.
(1) Effecting, procuring, bringing about, arranging for or "fixing" the disposition, dismissal or compromise of any criminal action or prosecution or of arranging, bargaining for, or "fixing" the amount of fine or costs, and/or term of imprisonment or for any particular action of a court, judge, grand or petit jury or prosecuting attorney, in any criminal case, contempt proceeding or other penal action or offense before any court;
(2) Stopping, preventing, obstructing, impeding, interfering with, retarding or delaying the prosecution of any criminal charge against an accused, or the processes of law in respect thereof;
(3) Procuring sheriffs or their deputies, constables, police officers or other peace officers or any prosecutor of criminal offenses or violations to abandon or withdraw from the prosecution of the offenses or violations;
(4) Procuring witnesses to disappear or be concealed;
(5) Arranging for the loss or disappearance of bonds, court papers, exhibits or other evidence in criminal cases; or
(6) Doing or performing any other act to accomplish the disposition and dismissal of any charge against an accused person by any other means whatever than through the processes and agencies established by law.
(b) Nothing in this section shall deny to any professional bondsman or deprive the bondsman of the right and privilege of presenting to the court any matters affecting the legal liability of the bondsman as surety for an accused in any case where the question of liability is before the court for consideration or disposition.
(c) Nothing in this section shall be construed as conferring upon any professional bondsman the right to appear for or on behalf of an accused as an attorney at law in any action, suit, transaction or dealing with or before the court, whether in open court or at chambers.
Acts 1939, ch. 199, § 6; C. Supp. 1950, § 11715.6; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-1409.
Tenn. Code Ann. § 40-35-123 — TN Code / Title 40 / Chapter 35 / Section 40-35-123
Neighborhood Protection Act - Injunctive relief against offenders entering residential area
Status: in_force

(a) This section shall be known and may be cited as the "Neighborhood Protection Act." (b) A homeowners' association, as defined in § 68-14-302 , a neighborhood association, a neighborhood watch, or a similarly organized residential entity that is recognized by state or local law with defined boundaries referenced in the residential entity's charter or governing document, may seek an injunction or restraining order prohibiting an offender from entering the boundaries of the residential area, if: (1) The offender has been convicted of three (3) or more separate offenses of: (A) Burglary, as defined in § 39-13-1002 ; (B) Rape, as defined in § 39-13-503 ; (C) Criminal homicide, as defined in § 39-13-201 ; (D) Delivering or selling a controlled substance, as defined in § 39-17-417 ; (E) Criminal gang activity, as defined in § 40-35-121 ; (F) Prostitution, as defined in § 39-13-512 ; (G) Theft, if the value of the property or services obtained is more than five hundred dollars ($500), pursuant to title 39, chapter 14, part 1; (H) Vandalism, as defined in § 39-14-408 ; or (I) Aggravated criminal littering, as defined in § 39-14-505 , if the conviction is for an amount of litter that exceeds one hundred pounds (100 lbs.) in weight or thirty (30) cubic feet in volume; and (2) Three (3) or more of the offenses were committed within the boundaries of the residential area. (c) Any injunction or restraining order shall remain in effect for one (1) year, unless modified or dissolved by the court that granted the injunction or restraining order, and may be renewed by the court upon motion of the homeowners' association, neighborhood association, neighborhood watch, or similarly organized residential entity. Amended by 2022 Tenn. Acts, ch. 941, s 1, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 545, s 7, eff. 7/1/2021. Added by 2015 Tenn. Acts, ch. 365, s 1, eff. 7/1/2015.
(a) This section shall be known and may be cited as the "Neighborhood Protection Act."
(b) A homeowners' association, as defined in § 68-14-302 , a neighborhood association, a neighborhood watch, or a similarly organized residential entity that is recognized by state or local law with defined boundaries referenced in the residential entity's charter or governing document, may seek an injunction or restraining order prohibiting an offender from entering the boundaries of the residential area, if: (1) The offender has been convicted of three (3) or more separate offenses of: (A) Burglary, as defined in § 39-13-1002 ; (B) Rape, as defined in § 39-13-503 ; (C) Criminal homicide, as defined in § 39-13-201 ; (D) Delivering or selling a controlled substance, as defined in § 39-17-417 ; (E) Criminal gang activity, as defined in § 40-35-121 ; (F) Prostitution, as defined in § 39-13-512 ; (G) Theft, if the value of the property or services obtained is more than five hundred dollars ($500), pursuant to title 39, chapter 14, part 1; (H) Vandalism, as defined in § 39-14-408 ; or (I) Aggravated criminal littering, as defined in § 39-14-505 , if the conviction is for an amount of litter that exceeds one hundred pounds (100 lbs.) in weight or thirty (30) cubic feet in volume; and (2) Three (3) or more of the offenses were committed within the boundaries of the residential area.
(1) The offender has been convicted of three (3) or more separate offenses of: (A) Burglary, as defined in § 39-13-1002 ; (B) Rape, as defined in § 39-13-503 ; (C) Criminal homicide, as defined in § 39-13-201 ; (D) Delivering or selling a controlled substance, as defined in § 39-17-417 ; (E) Criminal gang activity, as defined in § 40-35-121 ; (F) Prostitution, as defined in § 39-13-512 ; (G) Theft, if the value of the property or services obtained is more than five hundred dollars ($500), pursuant to title 39, chapter 14, part 1; (H) Vandalism, as defined in § 39-14-408 ; or (I) Aggravated criminal littering, as defined in § 39-14-505 , if the conviction is for an amount of litter that exceeds one hundred pounds (100 lbs.) in weight or thirty (30) cubic feet in volume; and
(A) Burglary, as defined in § 39-13-1002 ;
(B) Rape, as defined in § 39-13-503 ;
(C) Criminal homicide, as defined in § 39-13-201 ;
(D) Delivering or selling a controlled substance, as defined in § 39-17-417 ;
(E) Criminal gang activity, as defined in § 40-35-121 ;
(F) Prostitution, as defined in § 39-13-512 ;
(G) Theft, if the value of the property or services obtained is more than five hundred dollars ($500), pursuant to title 39, chapter 14, part 1;
(H) Vandalism, as defined in § 39-14-408 ; or
(I) Aggravated criminal littering, as defined in § 39-14-505 , if the conviction is for an amount of litter that exceeds one hundred pounds (100 lbs.) in weight or thirty (30) cubic feet in volume; and
(2) Three (3) or more of the offenses were committed within the boundaries of the residential area.
(c) Any injunction or restraining order shall remain in effect for one (1) year, unless modified or dissolved by the court that granted the injunction or restraining order, and may be renewed by the court upon motion of the homeowners' association, neighborhood association, neighborhood watch, or similarly organized residential entity.
Amended by 2022 Tenn. Acts, ch. 941, s 1, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 545, s 7, eff. 7/1/2021.
Added by 2015 Tenn. Acts, ch. 365, s 1, eff. 7/1/2015.
Tenn. Code Ann. § 40-11-119 — TN Code / Title 40 / Chapter 11 / Section 40-11-119
Return of deposit to defendant
Status: in_force

If the conditions of the bail bond have been performed and the defendant has been discharged from all obligations in the cause, the clerk of the court shall return to the defendant, unless the court orders otherwise, the entire sum which had been deposited. Acts 1978, ch. 506, § 19; T.C.A., § 40-1219.
If the conditions of the bail bond have been performed and the defendant has been discharged from all obligations in the cause, the clerk of the court shall return to the defendant, unless the court orders otherwise, the entire sum which had been deposited.
Acts 1978, ch. 506, § 19; T.C.A., § 40-1219.
Tenn. Code Ann. § 40-14-201 — TN Code / Title 40 / Chapter 14 / Section 40-14-201
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Indigent person" means any person who does not possess sufficient means to pay reasonable compensation for the services of a competent attorney; and (2) "Public defender" means any attorney appointed or elected under any act of the general assembly or any provision of a metropolitan charter to represent indigent persons accused of crime. Acts 1965, ch. 217, § 1; T.C.A., § 40-2014.
As used in this part, unless the context otherwise requires:
(1) "Indigent person" means any person who does not possess sufficient means to pay reasonable compensation for the services of a competent attorney; and
(2) "Public defender" means any attorney appointed or elected under any act of the general assembly or any provision of a metropolitan charter to represent indigent persons accused of crime.
Acts 1965, ch. 217, § 1; T.C.A., § 40-2014.
Tenn. Code Ann. § 40-25-129 — TN Code / Title 40 / Chapter 25 / Section 40-25-129
Liability of state or county for costs or fees - Advancement or reimbursement of witness expenses
Status: in_force

(a) Neither the state nor any county of the state shall pay or be liable in any criminal prosecution for any costs or fees hereafter accruing, except in the following classes of cases: (1) All felony cases, where prosecution has proceeded to a verdict in the circuit or criminal court; (2) All cases where the defendant has been convicted in a court of record and the court has made a finding at any evidentiary hearing that the defendant is indigent and remains indigent at the time of conviction or where the execution issued upon the judgment against the defendant has been returned nulla bona. Neither the state of Tennessee nor any county of the state shall be liable for or pay any costs in any criminal case, where security has been accepted by the officer taking the security, and an execution, afterwards returned nulla bona, as to the defendant and the defendant's securities. Compensation for boarding prisoners (§§ 8-26-105 , 40-25-118 - 40-25-121, and 41-4-131 - 41-4-137), expenses of keeping and boarding juries (§§ 40-25-115 - 40-25-121), compensation of jurors (§§ 22-4-101 - 22-4-107 and 40-18-107), costs of transcripts in cases taken to the supreme court by appeal or writ of error as provided by law, mileage and legal fees for removing or conveying criminals and prisoners from one (1) county to another, or from one (1) jail to another (§ 8-21-901(a)(3)(D) ), and compensation and mileage of witnesses for the state duly subpoenaed and required to attend before any court, grand jury or magistrate in a county other than that of their residence and more than five (5) miles from their residence (§§ 24-4-102 and 40-17-112 ), and where any witness for the state shall be confined in jail to await the trial in which the witness is to testify, shall be paid in all cases as heretofore; and (3) (A) When a criminal prosecution is instituted against a state prison inmate because of conduct within a department of correction penal institution or because of conduct relative to an escape attempt from a penal institution, the expense of the prosecution imposed on the county wherein the institution is located shall be reimbursed to the county by the state. When a criminal prosecution is instituted against a juvenile committed to the department of children's services and placed in a youth center because of conduct within the youth center or because of conduct relative to an escape attempt from the youth center, the expense of the prosecution imposed on the county wherein the youth center is located shall be reimbursed to the county by the state; (B) For the purpose of this section only, "expense imposed on the county" means the expense of keeping and boarding jurors pursuant to §§ 40-25-115 - 40-25-121 and the compensation and mileage allowance of jurors pursuant to title 22, chapter 4, and § 40-18-107 . (b) Any bill of costs or other fees owed a county by the department of correction as the result of a criminal conviction in that county shall be paid by the department within one hundred twenty (120) days of the date the bill is submitted. (c) (1) Notwithstanding subsections (a) and (b), the department of correction, through the judicial accountant, shall advance or reimburse witness expenses necessary to the prosecution of a criminal case as requested by the district attorney general and approved by the court. In such cases, a determination of indigency is not required; however, the county shall seek to recover the costs of the advance or reimbursement of witness expenses from a convicted defendant as provided in subdivision (a)(2) or another appropriate provision. (2) If advance witness fees are requested, then the itemized request must be submitted to the judicial cost accountant at least ten (10) business days prior to trial and otherwise conform to the requirements as set forth by the judicial cost accountant. (3) If reimbursement of witness fees is requested, then the request must meet the following requirements: (A) The witness was material and necessary to the case and the witness lives more than five (5) miles away from the place the witness was subpoenaed to attend or otherwise meets the requirements in subdivision (a)(2) and §§ 24-4-102 and 40-17-112 ; (B) An itemized list of expenses must be provided consistent with state travel regulations; and (C) The request for fees must be certified by the district attorney general and approved by the court. (4) When payment occurs in accordance with subdivision (c)(2) or (c)(3), the department of correction shall maintain the payment as a receivable against the final cost bill attributed to the case in which witness fees were advanced or reimbursed. Dollars advanced or reimbursed under this section must be deducted from the final cost bill submitted in the case. (5) This section does not absolve a convicted defendant of liability of cost. (6) This section does not absolve the county of the responsibility to seek execution upon judgment against the defendant in accordance with subdivision (a)(2). (7) This section does not prohibit the department of correction from collecting from an inmate trust fund in accordance with § 40-25-143 . (d) This section must be applied liberally to effectuate witnesses for the state being advanced or reimbursed for the cost of all witness expenses allowable under the law in the shortest timeframe possible. This section applies to all cases that fall within the intent of this subsection (d) prior to, or on or after April 13, 2023. Amended by 2023 Tenn. Acts, ch. 147, Secs.s 1, s 2eff. 4/13/2023. Amended by 2022 Tenn. Acts, ch. 980, s 1, eff. 5/3/2022. Amended by 2016 Tenn. Acts, ch. 782, s 1, eff. 7/1/2016. Acts 1897, ch. 20, § 1; 1899, ch. 307, § 1; Shan., § 7622a1; Code 1932, § 12246; Acts 1965, ch. 355, § 4; 1969, ch. 264, §1; impl. am. Acts 1974, ch. 556, § 1; Acts 1980, ch. 625, § 1; 1982, ch. 785, § 1; T.C.A. (orig. ed.), § 40-3331; Acts 1989, ch. 278, § 52; 1996, ch. 1079, § 126.
(a) Neither the state nor any county of the state shall pay or be liable in any criminal prosecution for any costs or fees hereafter accruing, except in the following classes of cases: (1) All felony cases, where prosecution has proceeded to a verdict in the circuit or criminal court; (2) All cases where the defendant has been convicted in a court of record and the court has made a finding at any evidentiary hearing that the defendant is indigent and remains indigent at the time of conviction or where the execution issued upon the judgment against the defendant has been returned nulla bona. Neither the state of Tennessee nor any county of the state shall be liable for or pay any costs in any criminal case, where security has been accepted by the officer taking the security, and an execution, afterwards returned nulla bona, as to the defendant and the defendant's securities. Compensation for boarding prisoners (§§ 8-26-105 , 40-25-118 - 40-25-121, and 41-4-131 - 41-4-137), expenses of keeping and boarding juries (§§ 40-25-115 - 40-25-121), compensation of jurors (§§ 22-4-101 - 22-4-107 and 40-18-107), costs of transcripts in cases taken to the supreme court by appeal or writ of error as provided by law, mileage and legal fees for removing or conveying criminals and prisoners from one (1) county to another, or from one (1) jail to another (§ 8-21-901(a)(3)(D) ), and compensation and mileage of witnesses for the state duly subpoenaed and required to attend before any court, grand jury or magistrate in a county other than that of their residence and more than five (5) miles from their residence (§§ 24-4-102 and 40-17-112 ), and where any witness for the state shall be confined in jail to await the trial in which the witness is to testify, shall be paid in all cases as heretofore; and (3) (A) When a criminal prosecution is instituted against a state prison inmate because of conduct within a department of correction penal institution or because of conduct relative to an escape attempt from a penal institution, the expense of the prosecution imposed on the county wherein the institution is located shall be reimbursed to the county by the state. When a criminal prosecution is instituted against a juvenile committed to the department of children's services and placed in a youth center because of conduct within the youth center or because of conduct relative to an escape attempt from the youth center, the expense of the prosecution imposed on the county wherein the youth center is located shall be reimbursed to the county by the state; (B) For the purpose of this section only, "expense imposed on the county" means the expense of keeping and boarding jurors pursuant to §§ 40-25-115 - 40-25-121 and the compensation and mileage allowance of jurors pursuant to title 22, chapter 4, and § 40-18-107 .
(1) All felony cases, where prosecution has proceeded to a verdict in the circuit or criminal court;
(2) All cases where the defendant has been convicted in a court of record and the court has made a finding at any evidentiary hearing that the defendant is indigent and remains indigent at the time of conviction or where the execution issued upon the judgment against the defendant has been returned nulla bona. Neither the state of Tennessee nor any county of the state shall be liable for or pay any costs in any criminal case, where security has been accepted by the officer taking the security, and an execution, afterwards returned nulla bona, as to the defendant and the defendant's securities. Compensation for boarding prisoners (§§ 8-26-105 , 40-25-118 - 40-25-121, and 41-4-131 - 41-4-137), expenses of keeping and boarding juries (§§ 40-25-115 - 40-25-121), compensation of jurors (§§ 22-4-101 - 22-4-107 and 40-18-107), costs of transcripts in cases taken to the supreme court by appeal or writ of error as provided by law, mileage and legal fees for removing or conveying criminals and prisoners from one (1) county to another, or from one (1) jail to another (§ 8-21-901(a)(3)(D) ), and compensation and mileage of witnesses for the state duly subpoenaed and required to attend before any court, grand jury or magistrate in a county other than that of their residence and more than five (5) miles from their residence (§§ 24-4-102 and 40-17-112 ), and where any witness for the state shall be confined in jail to await the trial in which the witness is to testify, shall be paid in all cases as heretofore; and
(3) (A) When a criminal prosecution is instituted against a state prison inmate because of conduct within a department of correction penal institution or because of conduct relative to an escape attempt from a penal institution, the expense of the prosecution imposed on the county wherein the institution is located shall be reimbursed to the county by the state. When a criminal prosecution is instituted against a juvenile committed to the department of children's services and placed in a youth center because of conduct within the youth center or because of conduct relative to an escape attempt from the youth center, the expense of the prosecution imposed on the county wherein the youth center is located shall be reimbursed to the county by the state; (B) For the purpose of this section only, "expense imposed on the county" means the expense of keeping and boarding jurors pursuant to §§ 40-25-115 - 40-25-121 and the compensation and mileage allowance of jurors pursuant to title 22, chapter 4, and § 40-18-107 .
(A) When a criminal prosecution is instituted against a state prison inmate because of conduct within a department of correction penal institution or because of conduct relative to an escape attempt from a penal institution, the expense of the prosecution imposed on the county wherein the institution is located shall be reimbursed to the county by the state. When a criminal prosecution is instituted against a juvenile committed to the department of children's services and placed in a youth center because of conduct within the youth center or because of conduct relative to an escape attempt from the youth center, the expense of the prosecution imposed on the county wherein the youth center is located shall be reimbursed to the county by the state;
(B) For the purpose of this section only, "expense imposed on the county" means the expense of keeping and boarding jurors pursuant to §§ 40-25-115 - 40-25-121 and the compensation and mileage allowance of jurors pursuant to title 22, chapter 4, and § 40-18-107 .
(b) Any bill of costs or other fees owed a county by the department of correction as the result of a criminal conviction in that county shall be paid by the department within one hundred twenty (120) days of the date the bill is submitted.
(c) (1) Notwithstanding subsections (a) and (b), the department of correction, through the judicial accountant, shall advance or reimburse witness expenses necessary to the prosecution of a criminal case as requested by the district attorney general and approved by the court. In such cases, a determination of indigency is not required; however, the county shall seek to recover the costs of the advance or reimbursement of witness expenses from a convicted defendant as provided in subdivision (a)(2) or another appropriate provision. (2) If advance witness fees are requested, then the itemized request must be submitted to the judicial cost accountant at least ten (10) business days prior to trial and otherwise conform to the requirements as set forth by the judicial cost accountant. (3) If reimbursement of witness fees is requested, then the request must meet the following requirements: (A) The witness was material and necessary to the case and the witness lives more than five (5) miles away from the place the witness was subpoenaed to attend or otherwise meets the requirements in subdivision (a)(2) and §§ 24-4-102 and 40-17-112 ; (B) An itemized list of expenses must be provided consistent with state travel regulations; and (C) The request for fees must be certified by the district attorney general and approved by the court. (4) When payment occurs in accordance with subdivision (c)(2) or (c)(3), the department of correction shall maintain the payment as a receivable against the final cost bill attributed to the case in which witness fees were advanced or reimbursed. Dollars advanced or reimbursed under this section must be deducted from the final cost bill submitted in the case. (5) This section does not absolve a convicted defendant of liability of cost. (6) This section does not absolve the county of the responsibility to seek execution upon judgment against the defendant in accordance with subdivision (a)(2). (7) This section does not prohibit the department of correction from collecting from an inmate trust fund in accordance with § 40-25-143 .
(1) Notwithstanding subsections (a) and (b), the department of correction, through the judicial accountant, shall advance or reimburse witness expenses necessary to the prosecution of a criminal case as requested by the district attorney general and approved by the court. In such cases, a determination of indigency is not required; however, the county shall seek to recover the costs of the advance or reimbursement of witness expenses from a convicted defendant as provided in subdivision (a)(2) or another appropriate provision.
(2) If advance witness fees are requested, then the itemized request must be submitted to the judicial cost accountant at least ten (10) business days prior to trial and otherwise conform to the requirements as set forth by the judicial cost accountant.
(3) If reimbursement of witness fees is requested, then the request must meet the following requirements: (A) The witness was material and necessary to the case and the witness lives more than five (5) miles away from the place the witness was subpoenaed to attend or otherwise meets the requirements in subdivision (a)(2) and §§ 24-4-102 and 40-17-112 ; (B) An itemized list of expenses must be provided consistent with state travel regulations; and (C) The request for fees must be certified by the district attorney general and approved by the court.
(A) The witness was material and necessary to the case and the witness lives more than five (5) miles away from the place the witness was subpoenaed to attend or otherwise meets the requirements in subdivision (a)(2) and §§ 24-4-102 and 40-17-112 ;
(B) An itemized list of expenses must be provided consistent with state travel regulations; and
(C) The request for fees must be certified by the district attorney general and approved by the court.
(4) When payment occurs in accordance with subdivision (c)(2) or (c)(3), the department of correction shall maintain the payment as a receivable against the final cost bill attributed to the case in which witness fees were advanced or reimbursed. Dollars advanced or reimbursed under this section must be deducted from the final cost bill submitted in the case.
(5) This section does not absolve a convicted defendant of liability of cost.
(6) This section does not absolve the county of the responsibility to seek execution upon judgment against the defendant in accordance with subdivision (a)(2).
(7) This section does not prohibit the department of correction from collecting from an inmate trust fund in accordance with § 40-25-143 .
(d) This section must be applied liberally to effectuate witnesses for the state being advanced or reimbursed for the cost of all witness expenses allowable under the law in the shortest timeframe possible. This section applies to all cases that fall within the intent of this subsection (d) prior to, or on or after April 13, 2023.
Amended by 2023 Tenn. Acts, ch. 147, Secs.s 1, s 2eff. 4/13/2023.
Amended by 2022 Tenn. Acts, ch. 980, s 1, eff. 5/3/2022.
Amended by 2016 Tenn. Acts, ch. 782, s 1, eff. 7/1/2016.
Acts 1897, ch. 20, § 1; 1899, ch. 307, § 1; Shan., § 7622a1; Code 1932, § 12246; Acts 1965, ch. 355, § 4; 1969, ch. 264, §1; impl. am. Acts 1974, ch. 556, § 1; Acts 1980, ch. 625, § 1; 1982, ch. 785, § 1; T.C.A. (orig. ed.), § 40-3331; Acts 1989, ch. 278, § 52; 1996, ch. 1079, § 126.
Tenn. Code Ann. § 40-11-153 — TN Code / Title 40 / Chapter 11 / Section 40-11-153
Release within twelve hours of the time of arrest prohibited for certain offenses - Exceptions - Requirements
Status: in_force

(a) Any defendant arrested for the offense of unauthorized camping on state property, as defined in § 39-14-414 ; vandalism, as described in § 39-14-408(b)(1) ; rioting, as defined in § 39-17-302 ; aggravated rioting, as defined in § 39-17-303 ; inciting to riot, as defined in § 39-17-304 ; disrupting a meeting or procession, as described in § 39-17-306 ; or obstructing a highway, as described in § 39-17-307(a)(1) shall not be released within twelve (12) hours of the time of arrest. The magistrate or other official duly authorized to release the defendant may, however, release the defendant in less than twelve (12) hours if the official finds that the defendant is not likely to immediately resume the criminal behavior based on the circumstances of the arrest and the defendant's prior criminal history, if any. (b) The findings of the magistrate or other official duly authorized to release the defendant must be reduced to writing. The written findings must be attached to the warrant and shall be preserved as a permanent part of the record. The arresting officer shall make official note of the time of the arrest in order to establish the beginning of the twelve-hour period required by this section. Added by 2020EX2 Tenn. Acts, ch. 3, s 21, eff. 8/20/2020.
(a) Any defendant arrested for the offense of unauthorized camping on state property, as defined in § 39-14-414 ; vandalism, as described in § 39-14-408(b)(1) ; rioting, as defined in § 39-17-302 ; aggravated rioting, as defined in § 39-17-303 ; inciting to riot, as defined in § 39-17-304 ; disrupting a meeting or procession, as described in § 39-17-306 ; or obstructing a highway, as described in § 39-17-307(a)(1) shall not be released within twelve (12) hours of the time of arrest. The magistrate or other official duly authorized to release the defendant may, however, release the defendant in less than twelve (12) hours if the official finds that the defendant is not likely to immediately resume the criminal behavior based on the circumstances of the arrest and the defendant's prior criminal history, if any.
(b) The findings of the magistrate or other official duly authorized to release the defendant must be reduced to writing. The written findings must be attached to the warrant and shall be preserved as a permanent part of the record. The arresting officer shall make official note of the time of the arrest in order to establish the beginning of the twelve-hour period required by this section.
Added by 2020EX2 Tenn. Acts, ch. 3, s 21, eff. 8/20/2020.
Tenn. Code Ann. § 40-12-211 — TN Code / Title 40 / Chapter 12 / Section 40-12-211
Breach of confidentiality - Penalty
Status: in_force

A violation of § 40-12-209 shall be punished as criminal contempt. Acts 1990, ch. 1051, § 1.
A violation of § 40-12-209 shall be punished as criminal contempt.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-28-116 — TN Code / Title 40 / Chapter 28 / Section 40-28-116
Power to parole
Status: in_force

(a) (1) The board has the power to cause to be released on parole any person the department has declared eligible for parole consideration. (2) No person convicted of a sex crime shall be released on parole unless a psychiatrist or licensed psychologist designated as a health service provider has evaluated the inmate and determined to a reasonable medical or psychological certainty that the inmate does not pose the likelihood of committing sexual assaults upon release from confinement. The evaluations shall be provided by psychiatrists or licensed psychologists designated as health service providers whose services are contracted for and funded by the board. (b) Notwithstanding any other provision of this chapter relating to parole eligibility, and when acting pursuant to the Tennessee Contract Sentencing Act of 1979, compiled in chapter 34 of this title, the board is authorized to release a prisoner on parole on the date specified in a sentencing agreement entered into by the prisoner and the board. In granting parole, the board may impose any conditions and limitations that the board deems necessary, except that the board shall not require a condition or limitation to be completed prior to release on parole unless the department of correction recommends completion of the condition or limitation prior to release on parole. (c) (1) The board shall consider granting parole to a prisoner who has reached the release eligibility date for the prisoner's combined state sentences and has an active detainer commitment to serve a term of imprisonment in a foreign jurisdiction if: (A) The term of imprisonment in the foreign jurisdiction is greater than the period of imprisonment left to serve on the prisoner's combined state sentences; (B) The prisoner would otherwise be eligible for parole consideration; and (C) The prisoner is a good candidate for parole release upon application of any release decision-making guidelines in use by the board. (2) When a prisoner has a parole hearing, the department of correction must provide information to the board regarding filed active detainer commitments in which the prisoner is to serve a term of imprisonment. (3) If parole release is granted to a detainer in a foreign jurisdiction, then the entity having custodial authority over the prisoner must file a notification request with the foreign jurisdiction for the remainder of any Tennessee sentence, prior to parole release. Amended by 2021 Tenn. Acts, ch. 410, s 10, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 353, s 1, eff. 7/1/2021. Acts 1913, ch. 8, § 3; impl. am. Acts 1915, ch. 20, § 7; Shan., § 7202a6; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, § 11771; impl. am. Acts 1937, ch. 276, §§ 1, 3; C. Supp. 1950, § 11771; Acts 1957, ch. 353, § 1; 1961, ch. 93, § 10; 1965, ch. 273, §§ 1, 2; impl. am. Acts 1972, ch. 636, § 1; Acts 1973, ch. 370, §§ 1, 2; 1974, ch. 624, § 4; modified; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 359, § 18; 1979, ch. 386, § 3; T.C.A. (orig. ed.), § 40-3613; Acts 1985 (1st Ex. Sess.), ch. 5, § 26; 1989, ch. 227, § 30; 1989, ch. 591, § 8; 1992, ch. 991, § 17; 1998, ch. 1049, § 24; 2012 , ch. 727, § 24.
(a) (1) The board has the power to cause to be released on parole any person the department has declared eligible for parole consideration. (2) No person convicted of a sex crime shall be released on parole unless a psychiatrist or licensed psychologist designated as a health service provider has evaluated the inmate and determined to a reasonable medical or psychological certainty that the inmate does not pose the likelihood of committing sexual assaults upon release from confinement. The evaluations shall be provided by psychiatrists or licensed psychologists designated as health service providers whose services are contracted for and funded by the board.
(1) The board has the power to cause to be released on parole any person the department has declared eligible for parole consideration.
(2) No person convicted of a sex crime shall be released on parole unless a psychiatrist or licensed psychologist designated as a health service provider has evaluated the inmate and determined to a reasonable medical or psychological certainty that the inmate does not pose the likelihood of committing sexual assaults upon release from confinement. The evaluations shall be provided by psychiatrists or licensed psychologists designated as health service providers whose services are contracted for and funded by the board.
(b) Notwithstanding any other provision of this chapter relating to parole eligibility, and when acting pursuant to the Tennessee Contract Sentencing Act of 1979, compiled in chapter 34 of this title, the board is authorized to release a prisoner on parole on the date specified in a sentencing agreement entered into by the prisoner and the board. In granting parole, the board may impose any conditions and limitations that the board deems necessary, except that the board shall not require a condition or limitation to be completed prior to release on parole unless the department of correction recommends completion of the condition or limitation prior to release on parole.
(c) (1) The board shall consider granting parole to a prisoner who has reached the release eligibility date for the prisoner's combined state sentences and has an active detainer commitment to serve a term of imprisonment in a foreign jurisdiction if: (A) The term of imprisonment in the foreign jurisdiction is greater than the period of imprisonment left to serve on the prisoner's combined state sentences; (B) The prisoner would otherwise be eligible for parole consideration; and (C) The prisoner is a good candidate for parole release upon application of any release decision-making guidelines in use by the board. (2) When a prisoner has a parole hearing, the department of correction must provide information to the board regarding filed active detainer commitments in which the prisoner is to serve a term of imprisonment. (3) If parole release is granted to a detainer in a foreign jurisdiction, then the entity having custodial authority over the prisoner must file a notification request with the foreign jurisdiction for the remainder of any Tennessee sentence, prior to parole release.
(1) The board shall consider granting parole to a prisoner who has reached the release eligibility date for the prisoner's combined state sentences and has an active detainer commitment to serve a term of imprisonment in a foreign jurisdiction if: (A) The term of imprisonment in the foreign jurisdiction is greater than the period of imprisonment left to serve on the prisoner's combined state sentences; (B) The prisoner would otherwise be eligible for parole consideration; and (C) The prisoner is a good candidate for parole release upon application of any release decision-making guidelines in use by the board.
(A) The term of imprisonment in the foreign jurisdiction is greater than the period of imprisonment left to serve on the prisoner's combined state sentences;
(B) The prisoner would otherwise be eligible for parole consideration; and
(C) The prisoner is a good candidate for parole release upon application of any release decision-making guidelines in use by the board.
(2) When a prisoner has a parole hearing, the department of correction must provide information to the board regarding filed active detainer commitments in which the prisoner is to serve a term of imprisonment.
(3) If parole release is granted to a detainer in a foreign jurisdiction, then the entity having custodial authority over the prisoner must file a notification request with the foreign jurisdiction for the remainder of any Tennessee sentence, prior to parole release.
Amended by 2021 Tenn. Acts, ch. 410, s 10, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 353, s 1, eff. 7/1/2021.
Acts 1913, ch. 8, § 3; impl. am. Acts 1915, ch. 20, § 7; Shan., § 7202a6; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, § 11771; impl. am. Acts 1937, ch. 276, §§ 1, 3; C. Supp. 1950, § 11771; Acts 1957, ch. 353, § 1; 1961, ch. 93, § 10; 1965, ch. 273, §§ 1, 2; impl. am. Acts 1972, ch. 636, § 1; Acts 1973, ch. 370, §§ 1, 2; 1974, ch. 624, § 4; modified; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 359, § 18; 1979, ch. 386, § 3; T.C.A. (orig. ed.), § 40-3613; Acts 1985 (1st Ex. Sess.), ch. 5, § 26; 1989, ch. 227, § 30; 1989, ch. 591, § 8; 1992, ch. 991, § 17; 1998, ch. 1049, § 24; 2012 , ch. 727, § 24.
Tenn. Code Ann. § 40-18-105 — TN Code / Title 40 / Chapter 18 / Section 40-18-105
Challenge of juror acting as bail
Status: in_force

A challenge to an individual juror, grand or petit, may be made by the state because the juror is surety on the bail undertaking of any person whose case will come before the jury on which service is required. Code 1932, § 10013; T.C.A. (orig. ed.), § 40-2508.
A challenge to an individual juror, grand or petit, may be made by the state because the juror is surety on the bail undertaking of any person whose case will come before the jury on which service is required.
Code 1932, § 10013; T.C.A. (orig. ed.), § 40-2508.
Tenn. Code Ann. § 40-29-105 — TN Code / Title 40 / Chapter 29 / Section 40-29-105
Felons convicted of infamous crimes - Dates
Status: in_force

(a) The provisions and procedures provided for in §§ 40-29-101 - 40-29-104 shall apply to all persons convicted of an infamous crime prior to July 2, 1986. (b) For all persons convicted of infamous crimes after July 1, 1986, but before July 1, 1996, the following procedures shall apply: (1) A person rendered infamous or deprived of the rights of citizenship by the judgment of any state or federal court may have full rights of citizenship restored upon: (A) Receiving a pardon, except where the pardon contains special conditions pertaining to the right to suffrage; (B) Service or expiration of the maximum sentence imposed for the infamous crime; or (C) Being granted final release from incarceration or supervision by the board of parole, or county correction authority; (2) A person rendered infamous after July 1, 1986, by virtue of being convicted of one (1) of the following crimes shall never be eligible to register and vote in this state: (A) First degree murder; (B) Aggravated rape; (C) Treason; or (D) Voter fraud. (3) Any person eligible for restoration of citizenship pursuant to subdivision (b)(1) may request, and then shall be issued, a certificate of restoration upon a form prescribed by the coordinator of elections, by: (A) The pardoning authority; or (B) An agent or officer of the supervising or incarcerating authority; (4) Any authority issuing a certificate of restoration shall forward a copy of the certificate to the coordinator of elections; (5) Any person issued a certificate of restoration shall submit, to the administrator of elections of the county in which the person is eligible to vote, the certificate and upon verification of the certificate with the coordinator of elections be issued a voter registration card entitling the person to vote; and (6) A certificate of restoration issued pursuant to subdivision (b)(3) shall be sufficient proof to the administrator of elections that the person fulfills the requirements provided in subdivision (b)(1); however, before allowing a person convicted of an infamous crime to become a registered voter, it is the duty of the administrator of elections in each county to verify with the coordinator of elections that the person is eligible to register under this section. (c) The following procedure shall apply to a person rendered infamous by virtue of being convicted of a felony on or after July 1, 1996: (1) Except as provided in subdivision (c)(2)(B), a person rendered infamous or whose rights of citizenship have been deprived by the judgment of a state or federal court may seek restoration of full rights of citizenship by petitioning the circuit court of the county where the petitioner resides or where the conviction for the infamous crime occurred; (2) (A) A person receiving a pardon that restores full rights of citizenship may petition for restoration immediately upon receiving the pardon. However, the court shall not have the authority or jurisdiction to alter, delete or render void special conditions pertaining to the right of suffrage that may be contained in the pardon; (B) A person convicted of an infamous crime may petition for restoration upon the expiration of the maximum sentence imposed by the court for the infamous crime; provided, that a person convicted of murder, rape, treason or voter fraud shall never be eligible to register and vote in this state; (3) The petition shall set forth the basis for the petitioner's eligibility for restoration and shall state the reasons the petitioner believes that petitioner's full citizenship rights should be restored. The petition shall be accompanied by the certified records, statements and other documents or information necessary to demonstrate to the court that the petitioner is both eligible for and merits having full rights of citizenship restored. The court may require any additional proof as it deems necessary to reach a just decision on the petition. There is a presumption that a petition filed pursuant to this subsection (c) shall be granted and that the full citizenship rights of the petitioner shall be restored. This presumption may only be overcome upon proof by a preponderance of the evidence that either the petitioner is not eligible for restoration or there is otherwise good cause to deny the petition; (4) (A) Prior to acting on any petition filed pursuant to this subsection (c), the court shall notify the district attorney general in whose county the petitioner resides and the district attorney general of the county in which the conviction occurred that a petition for restoration of citizenship has been filed by the petitioner. The notice shall be sent at least thirty (30) days prior to any hearing on or disposition of the petition. Each district attorney general so notified may object to the restoration of the petitioner's citizenship rights either in person or in writing; (B) If the petitioner was rendered infamous or deprived of citizenship rights by judgment of a federal court, the circuit court shall give the notice required in subdivision (c)(2)(A) to the United States attorney and the district attorney general in whose district the petitioner is currently residing. Each such official shall have the same right to object to the petition as is provided in subdivision (c)(2)(A); (5) If, upon the face of the petition or after conducting a hearing, the court finds that the petitioner's full citizenship rights should be restored, it shall so order and send a copy of the order to the state coordinator of elections; (6) All costs for a proceeding under this subsection (c) to restore a person's citizenship rights shall be paid by the petitioner unless the court specifically orders otherwise; and (7) Any person whose citizenship rights have been restored by order of the court pursuant to this subsection (c) shall submit a certified copy of the order to the administrator of elections of the county in which the person is eligible to vote. The administrator of elections shall verify with the coordinator of elections that the order was issued and, upon receiving the verification, shall issue the person a voter registration card entitling the person to vote. Acts 1986, ch. 906, § 1; 1989, ch. 227, § 51; 1996, ch. 898, §§ 1, 2; 1998, ch. 1049, § 41.
(a) The provisions and procedures provided for in §§ 40-29-101 - 40-29-104 shall apply to all persons convicted of an infamous crime prior to July 2, 1986.
(b) For all persons convicted of infamous crimes after July 1, 1986, but before July 1, 1996, the following procedures shall apply: (1) A person rendered infamous or deprived of the rights of citizenship by the judgment of any state or federal court may have full rights of citizenship restored upon: (A) Receiving a pardon, except where the pardon contains special conditions pertaining to the right to suffrage; (B) Service or expiration of the maximum sentence imposed for the infamous crime; or (C) Being granted final release from incarceration or supervision by the board of parole, or county correction authority; (2) A person rendered infamous after July 1, 1986, by virtue of being convicted of one (1) of the following crimes shall never be eligible to register and vote in this state: (A) First degree murder; (B) Aggravated rape; (C) Treason; or (D) Voter fraud. (3) Any person eligible for restoration of citizenship pursuant to subdivision (b)(1) may request, and then shall be issued, a certificate of restoration upon a form prescribed by the coordinator of elections, by: (A) The pardoning authority; or (B) An agent or officer of the supervising or incarcerating authority; (4) Any authority issuing a certificate of restoration shall forward a copy of the certificate to the coordinator of elections; (5) Any person issued a certificate of restoration shall submit, to the administrator of elections of the county in which the person is eligible to vote, the certificate and upon verification of the certificate with the coordinator of elections be issued a voter registration card entitling the person to vote; and (6) A certificate of restoration issued pursuant to subdivision (b)(3) shall be sufficient proof to the administrator of elections that the person fulfills the requirements provided in subdivision (b)(1); however, before allowing a person convicted of an infamous crime to become a registered voter, it is the duty of the administrator of elections in each county to verify with the coordinator of elections that the person is eligible to register under this section.
(1) A person rendered infamous or deprived of the rights of citizenship by the judgment of any state or federal court may have full rights of citizenship restored upon: (A) Receiving a pardon, except where the pardon contains special conditions pertaining to the right to suffrage; (B) Service or expiration of the maximum sentence imposed for the infamous crime; or (C) Being granted final release from incarceration or supervision by the board of parole, or county correction authority;
(A) Receiving a pardon, except where the pardon contains special conditions pertaining to the right to suffrage;
(B) Service or expiration of the maximum sentence imposed for the infamous crime; or
(C) Being granted final release from incarceration or supervision by the board of parole, or county correction authority;
(2) A person rendered infamous after July 1, 1986, by virtue of being convicted of one (1) of the following crimes shall never be eligible to register and vote in this state: (A) First degree murder; (B) Aggravated rape; (C) Treason; or (D) Voter fraud.
(A) First degree murder;
(B) Aggravated rape;
(C) Treason; or
(D) Voter fraud.
(3) Any person eligible for restoration of citizenship pursuant to subdivision (b)(1) may request, and then shall be issued, a certificate of restoration upon a form prescribed by the coordinator of elections, by: (A) The pardoning authority; or (B) An agent or officer of the supervising or incarcerating authority;
(A) The pardoning authority; or
(B) An agent or officer of the supervising or incarcerating authority;
(4) Any authority issuing a certificate of restoration shall forward a copy of the certificate to the coordinator of elections;
(5) Any person issued a certificate of restoration shall submit, to the administrator of elections of the county in which the person is eligible to vote, the certificate and upon verification of the certificate with the coordinator of elections be issued a voter registration card entitling the person to vote; and
(6) A certificate of restoration issued pursuant to subdivision (b)(3) shall be sufficient proof to the administrator of elections that the person fulfills the requirements provided in subdivision (b)(1); however, before allowing a person convicted of an infamous crime to become a registered voter, it is the duty of the administrator of elections in each county to verify with the coordinator of elections that the person is eligible to register under this section.
(c) The following procedure shall apply to a person rendered infamous by virtue of being convicted of a felony on or after July 1, 1996: (1) Except as provided in subdivision (c)(2)(B), a person rendered infamous or whose rights of citizenship have been deprived by the judgment of a state or federal court may seek restoration of full rights of citizenship by petitioning the circuit court of the county where the petitioner resides or where the conviction for the infamous crime occurred; (2) (A) A person receiving a pardon that restores full rights of citizenship may petition for restoration immediately upon receiving the pardon. However, the court shall not have the authority or jurisdiction to alter, delete or render void special conditions pertaining to the right of suffrage that may be contained in the pardon; (B) A person convicted of an infamous crime may petition for restoration upon the expiration of the maximum sentence imposed by the court for the infamous crime; provided, that a person convicted of murder, rape, treason or voter fraud shall never be eligible to register and vote in this state; (3) The petition shall set forth the basis for the petitioner's eligibility for restoration and shall state the reasons the petitioner believes that petitioner's full citizenship rights should be restored. The petition shall be accompanied by the certified records, statements and other documents or information necessary to demonstrate to the court that the petitioner is both eligible for and merits having full rights of citizenship restored. The court may require any additional proof as it deems necessary to reach a just decision on the petition. There is a presumption that a petition filed pursuant to this subsection (c) shall be granted and that the full citizenship rights of the petitioner shall be restored. This presumption may only be overcome upon proof by a preponderance of the evidence that either the petitioner is not eligible for restoration or there is otherwise good cause to deny the petition; (4) (A) Prior to acting on any petition filed pursuant to this subsection (c), the court shall notify the district attorney general in whose county the petitioner resides and the district attorney general of the county in which the conviction occurred that a petition for restoration of citizenship has been filed by the petitioner. The notice shall be sent at least thirty (30) days prior to any hearing on or disposition of the petition. Each district attorney general so notified may object to the restoration of the petitioner's citizenship rights either in person or in writing; (B) If the petitioner was rendered infamous or deprived of citizenship rights by judgment of a federal court, the circuit court shall give the notice required in subdivision (c)(2)(A) to the United States attorney and the district attorney general in whose district the petitioner is currently residing. Each such official shall have the same right to object to the petition as is provided in subdivision (c)(2)(A); (5) If, upon the face of the petition or after conducting a hearing, the court finds that the petitioner's full citizenship rights should be restored, it shall so order and send a copy of the order to the state coordinator of elections; (6) All costs for a proceeding under this subsection (c) to restore a person's citizenship rights shall be paid by the petitioner unless the court specifically orders otherwise; and (7) Any person whose citizenship rights have been restored by order of the court pursuant to this subsection (c) shall submit a certified copy of the order to the administrator of elections of the county in which the person is eligible to vote. The administrator of elections shall verify with the coordinator of elections that the order was issued and, upon receiving the verification, shall issue the person a voter registration card entitling the person to vote.
(1) Except as provided in subdivision (c)(2)(B), a person rendered infamous or whose rights of citizenship have been deprived by the judgment of a state or federal court may seek restoration of full rights of citizenship by petitioning the circuit court of the county where the petitioner resides or where the conviction for the infamous crime occurred;
(2) (A) A person receiving a pardon that restores full rights of citizenship may petition for restoration immediately upon receiving the pardon. However, the court shall not have the authority or jurisdiction to alter, delete or render void special conditions pertaining to the right of suffrage that may be contained in the pardon; (B) A person convicted of an infamous crime may petition for restoration upon the expiration of the maximum sentence imposed by the court for the infamous crime; provided, that a person convicted of murder, rape, treason or voter fraud shall never be eligible to register and vote in this state;
(A) A person receiving a pardon that restores full rights of citizenship may petition for restoration immediately upon receiving the pardon. However, the court shall not have the authority or jurisdiction to alter, delete or render void special conditions pertaining to the right of suffrage that may be contained in the pardon;
(B) A person convicted of an infamous crime may petition for restoration upon the expiration of the maximum sentence imposed by the court for the infamous crime; provided, that a person convicted of murder, rape, treason or voter fraud shall never be eligible to register and vote in this state;
(3) The petition shall set forth the basis for the petitioner's eligibility for restoration and shall state the reasons the petitioner believes that petitioner's full citizenship rights should be restored. The petition shall be accompanied by the certified records, statements and other documents or information necessary to demonstrate to the court that the petitioner is both eligible for and merits having full rights of citizenship restored. The court may require any additional proof as it deems necessary to reach a just decision on the petition. There is a presumption that a petition filed pursuant to this subsection (c) shall be granted and that the full citizenship rights of the petitioner shall be restored. This presumption may only be overcome upon proof by a preponderance of the evidence that either the petitioner is not eligible for restoration or there is otherwise good cause to deny the petition;
(4) (A) Prior to acting on any petition filed pursuant to this subsection (c), the court shall notify the district attorney general in whose county the petitioner resides and the district attorney general of the county in which the conviction occurred that a petition for restoration of citizenship has been filed by the petitioner. The notice shall be sent at least thirty (30) days prior to any hearing on or disposition of the petition. Each district attorney general so notified may object to the restoration of the petitioner's citizenship rights either in person or in writing; (B) If the petitioner was rendered infamous or deprived of citizenship rights by judgment of a federal court, the circuit court shall give the notice required in subdivision (c)(2)(A) to the United States attorney and the district attorney general in whose district the petitioner is currently residing. Each such official shall have the same right to object to the petition as is provided in subdivision (c)(2)(A);
(A) Prior to acting on any petition filed pursuant to this subsection (c), the court shall notify the district attorney general in whose county the petitioner resides and the district attorney general of the county in which the conviction occurred that a petition for restoration of citizenship has been filed by the petitioner. The notice shall be sent at least thirty (30) days prior to any hearing on or disposition of the petition. Each district attorney general so notified may object to the restoration of the petitioner's citizenship rights either in person or in writing;
(B) If the petitioner was rendered infamous or deprived of citizenship rights by judgment of a federal court, the circuit court shall give the notice required in subdivision (c)(2)(A) to the United States attorney and the district attorney general in whose district the petitioner is currently residing. Each such official shall have the same right to object to the petition as is provided in subdivision (c)(2)(A);
(5) If, upon the face of the petition or after conducting a hearing, the court finds that the petitioner's full citizenship rights should be restored, it shall so order and send a copy of the order to the state coordinator of elections;
(6) All costs for a proceeding under this subsection (c) to restore a person's citizenship rights shall be paid by the petitioner unless the court specifically orders otherwise; and
(7) Any person whose citizenship rights have been restored by order of the court pursuant to this subsection (c) shall submit a certified copy of the order to the administrator of elections of the county in which the person is eligible to vote. The administrator of elections shall verify with the coordinator of elections that the order was issued and, upon receiving the verification, shall issue the person a voter registration card entitling the person to vote.
Acts 1986, ch. 906, § 1; 1989, ch. 227, § 51; 1996, ch. 898, §§ 1, 2; 1998, ch. 1049, § 41.
Tenn. Code Ann. § 40-33-103 — TN Code / Title 40 / Chapter 33 / Section 40-33-103
Commencement of action for determination of forfeiture
Status: in_force

In the event of seizure pursuant to § 40-33-102 , proceedings under §§ 40-33-104 and 40-33-107 shall be instituted promptly. Acts 1977, ch. 81, § 1; T.C.A., § 40-4103.
In the event of seizure pursuant to § 40-33-102 , proceedings under §§ 40-33-104 and 40-33-107 shall be instituted promptly.
Acts 1977, ch. 81, § 1; T.C.A., § 40-4103.
Tenn. Code Ann. § 40-13-304 — TN Code / Title 40 / Chapter 13 / Section 40-13-304
Failure to execute capias
Status: in_force

Any sheriff failing to execute the capias, from want of due diligence, commits a Class C misdemeanor. Code 1858, § 5112; Shan., § 7075; Code 1932, § 11619; T.C.A. (orig. ed.), § 40-1912; Acts 1989, ch. 591, § 113.
Any sheriff failing to execute the capias, from want of due diligence, commits a Class C misdemeanor.
Code 1858, § 5112; Shan., § 7075; Code 1932, § 11619; T.C.A. (orig. ed.), § 40-1912; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 40-11-148 — TN Code / Title 40 / Chapter 11 / Section 40-11-148
Bail for defendant charged with commission of crime while free on bail
Status: in_force

(a) If a defendant has been released pursuant to § 40-11-115 or § 40-11-116 , or has been admitted to and released on bail for a criminal offense, whether prior to or during trial or pending appeal, and the defendant is charged with the commission of one (1) or more bailable offenses while released, then the defendant shall only be released pursuant to § 40-11-118 or § 40-11-122 , and the magistrate or judge shall set the defendant's bail on each new offense in an amount not less than twice that which is customarily set for the offense charged. (b) (1) When the court is determining the amount and conditions of bail to be imposed upon a defendant who is charged with driving under the influence of an intoxicant under § 55-10-401 , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , the court shall consider the use of special conditions for such defendant, including, but not limited to, the conditions set out in subdivision (b)(2), if the offense for which bail is being set was committed while the defendant was released on bail for a prior charge of violating any offense listed in this subdivision (b)(1). (2) The special conditions the court shall consider pursuant to subdivision (b)(1) are: (A) [Deleted by 2022 amendment.] (B) The use of a transdermal monitoring device or other alternative alcohol monitoring devices. However, if the court orders the use of a monitoring device on or after July 1, 2016, and the court determines the defendant to be indigent, the court shall order that the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 ; (C) The use of electronic monitoring with random alcohol or drug testing; or (D) Pretrial residency in an in-patient alcohol or drug rehabilitation center. (3) As used in this subsection (b), "court" includes any person authorized by § 40-11-106 to take bail. (c) If a defendant charged with a Class A, B, C, or D felony has been arrested pursuant to a warrant issued under § 40-11-112(b) for failure to comply with the conditions of release, then the defendant shall only be released by a criminal or circuit court judge. Amended by 2024 Tenn. Acts, ch. 1055,s 3, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 362, s 3, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1134, s 3, eff. 7/1/2022. Amended by 2016 Tenn. Acts, ch. 993, s 11, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 876, s 5, eff. 7/1/2016. Acts 1981, ch. 351, § 1; T.C.A., § 40-1248; Acts 2010 , ch. 867, § 2; 2011 , ch. 487, § 3.
(a) If a defendant has been released pursuant to § 40-11-115 or § 40-11-116 , or has been admitted to and released on bail for a criminal offense, whether prior to or during trial or pending appeal, and the defendant is charged with the commission of one (1) or more bailable offenses while released, then the defendant shall only be released pursuant to § 40-11-118 or § 40-11-122 , and the magistrate or judge shall set the defendant's bail on each new offense in an amount not less than twice that which is customarily set for the offense charged.
(b) (1) When the court is determining the amount and conditions of bail to be imposed upon a defendant who is charged with driving under the influence of an intoxicant under § 55-10-401 , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , the court shall consider the use of special conditions for such defendant, including, but not limited to, the conditions set out in subdivision (b)(2), if the offense for which bail is being set was committed while the defendant was released on bail for a prior charge of violating any offense listed in this subdivision (b)(1). (2) The special conditions the court shall consider pursuant to subdivision (b)(1) are: (A) [Deleted by 2022 amendment.] (B) The use of a transdermal monitoring device or other alternative alcohol monitoring devices. However, if the court orders the use of a monitoring device on or after July 1, 2016, and the court determines the defendant to be indigent, the court shall order that the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 ; (C) The use of electronic monitoring with random alcohol or drug testing; or (D) Pretrial residency in an in-patient alcohol or drug rehabilitation center. (3) As used in this subsection (b), "court" includes any person authorized by § 40-11-106 to take bail.
(1) When the court is determining the amount and conditions of bail to be imposed upon a defendant who is charged with driving under the influence of an intoxicant under § 55-10-401 , vehicular assault under § 39-13-106 , aggravated vehicular assault under § 39-13-115 , vehicular homicide under § 39-13-213(a)(2) , or aggravated vehicular homicide under § 39-13-218 , the court shall consider the use of special conditions for such defendant, including, but not limited to, the conditions set out in subdivision (b)(2), if the offense for which bail is being set was committed while the defendant was released on bail for a prior charge of violating any offense listed in this subdivision (b)(1).
(2) The special conditions the court shall consider pursuant to subdivision (b)(1) are: (A) [Deleted by 2022 amendment.] (B) The use of a transdermal monitoring device or other alternative alcohol monitoring devices. However, if the court orders the use of a monitoring device on or after July 1, 2016, and the court determines the defendant to be indigent, the court shall order that the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 ; (C) The use of electronic monitoring with random alcohol or drug testing; or (D) Pretrial residency in an in-patient alcohol or drug rehabilitation center.
(A) [Deleted by 2022 amendment.]
(B) The use of a transdermal monitoring device or other alternative alcohol monitoring devices. However, if the court orders the use of a monitoring device on or after July 1, 2016, and the court determines the defendant to be indigent, the court shall order that the portion of the costs of the device that the defendant is unable to pay be paid by the electronic monitoring indigency fund, established in § 55-10-419 ;
(C) The use of electronic monitoring with random alcohol or drug testing; or
(D) Pretrial residency in an in-patient alcohol or drug rehabilitation center.
(3) As used in this subsection (b), "court" includes any person authorized by § 40-11-106 to take bail.
(c) If a defendant charged with a Class A, B, C, or D felony has been arrested pursuant to a warrant issued under § 40-11-112(b) for failure to comply with the conditions of release, then the defendant shall only be released by a criminal or circuit court judge.
Amended by 2024 Tenn. Acts, ch. 1055,s 3, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 362, s 3, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1134, s 3, eff. 7/1/2022.
Amended by 2016 Tenn. Acts, ch. 993, s 11, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 876, s 5, eff. 7/1/2016.
Acts 1981, ch. 351, § 1; T.C.A., § 40-1248; Acts 2010 , ch. 867, § 2; 2011 , ch. 487, § 3.