Tenn. Code Ann. § 40-3-103 — TN Code / Title 40 / Chapter 3 / Section 40-3-103
Information
Status: in_force

(a) All violations of the criminal laws may, with the consent of the accused and the accused's attorney and of the court, be prosecuted upon the filing of an information. (b) "Information" means a written statement by a district attorney general charging a person with the commission of a criminal offense. (c) (1) It is the mandatory duty of the court, before consenting to a prosecution by information, to advise the accused in the presence of the accused's attorney of the accused's constitutional right to be tried only upon presentment or indictment of the grand jury of the accused's peers. (2) Upon the accused's agreeing in writing in the presence of the accused's attorney to waive such right, the court may proceed in all respects as in cases prosecuted by indictment or presentment. (3) The written waiver required in subdivision (c)(2) shall be attached to and become a part of the information. Acts 1975, ch. 258, §§ 2, 3; T.C.A., §§ 40-306, 40-307.
(a) All violations of the criminal laws may, with the consent of the accused and the accused's attorney and of the court, be prosecuted upon the filing of an information.
(b) "Information" means a written statement by a district attorney general charging a person with the commission of a criminal offense.
(c) (1) It is the mandatory duty of the court, before consenting to a prosecution by information, to advise the accused in the presence of the accused's attorney of the accused's constitutional right to be tried only upon presentment or indictment of the grand jury of the accused's peers. (2) Upon the accused's agreeing in writing in the presence of the accused's attorney to waive such right, the court may proceed in all respects as in cases prosecuted by indictment or presentment. (3) The written waiver required in subdivision (c)(2) shall be attached to and become a part of the information.
(1) It is the mandatory duty of the court, before consenting to a prosecution by information, to advise the accused in the presence of the accused's attorney of the accused's constitutional right to be tried only upon presentment or indictment of the grand jury of the accused's peers.
(2) Upon the accused's agreeing in writing in the presence of the accused's attorney to waive such right, the court may proceed in all respects as in cases prosecuted by indictment or presentment.
(3) The written waiver required in subdivision (c)(2) shall be attached to and become a part of the information.
Acts 1975, ch. 258, §§ 2, 3; T.C.A., §§ 40-306, 40-307.
Tenn. Code Ann. § 40-22-117 — TN Code / Title 40 / Chapter 22 / Section 40-22-117
Construction of chapter
Status: in_force

This chapter shall be liberally construed, and nothing in it shall be construed as seeking to impair the pardoning power of the governor, or the duties of the board of parole in regard to the paroling of prisoners not inconsistent with the spirit of the chapter. Acts 1915, ch. 135, § 5; Shan., § 7230a18; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11838; Acts 1979, ch. 359, § 39; T.C.A. (orig. ed.), § 40-3018; Acts 1998, ch. 1049, § 20.
This chapter shall be liberally construed, and nothing in it shall be construed as seeking to impair the pardoning power of the governor, or the duties of the board of parole in regard to the paroling of prisoners not inconsistent with the spirit of the chapter.
Acts 1915, ch. 135, § 5; Shan., § 7230a18; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11838; Acts 1979, ch. 359, § 39; T.C.A. (orig. ed.), § 40-3018; Acts 1998, ch. 1049, § 20.
Tenn. Code Ann. § 40-33-211 — TN Code / Title 40 / Chapter 33 / Section 40-33-211
Property disposition
Status: in_force

(a) (1) The proceeds from all seizures, confiscations and sales made by a state agency pursuant to § 39-14-307 , § 47-25-1105 , § 53-11-451 , § 55-10-414 , § 57-3-411 , § 57-5-409 , § 57-9-201 , § 67-4-1020 or § 70-6-202 , shall be transmitted to the state treasurer and deposited in the state treasury. All the seizures, confiscations and sales made by county or municipal law enforcement personnel shall be paid to the county trustee or city recorder, respectively, and shall be used exclusively for the benefit of the seizing county or municipality for law enforcement or drug education purposes. All such seizures, confiscations and sales derived from the activities of a judicial district drug task force shall be paid to an expendable trust fund maintained by the county mayor in a county designated by the district attorney general, and shall be used exclusively in a drug enforcement or drug education program of the district as directed by the board of directors of the judicial district drug task force. If any other provision of law requires that the proceeds from seizures, confiscations and sales made under one (1) of the sections set out in this subsection (a) be deposited in a special fund, the provisions of that other provision shall control. (2) The comptroller's regular audit of a local government shall also include how proceeds derived from forfeited assets are used by county or municipal law enforcement or by a judicial district drug task force. The comptroller of the treasury shall provide information obtained during an audit pursuant to this subdivision (a)(2) to the department for publication on the department's website in accordance with § 40-33-216(c) . (b) Funds derived from seizures, confiscations and sales shall not be used to supplement the salaries of any public employee or law enforcement officer. All purchases made from the proceeds shall be made in accordance with existing purchasing statutes, including private acts, which establish purchasing provisions or requirements for the county or municipality. (c) Notwithstanding the provisions of subsections (a) and (b) to the contrary, the revenue derived from the sale of vehicles forfeited under the authority of § 55-50-504(g) shall be distributed as follows: (1) The revenue shall be retained by the entity, either the state or local government, which was responsible for the seizure. The revenue shall be used during each fiscal year to compensate the entity for reasonable and direct expenses involved in the confiscation, towing, storage, and sale of the forfeited vehicles. All expenses claimed by the entity shall be subject to audit and review by the comptroller of the treasury for the purpose of determining that expenses claimed by the entity are direct and reasonable; (2) (A) Any remaining revenue shall be transmitted to the department of mental health and substance abuse services no later than June 30 of each fiscal year. This revenue shall be placed in a special fund to be known as the "alcohol and drug addiction treatment fund" and shall be available for use after July 1, 1998, to pay the cost of alcohol and drug addiction treatment for persons certified for the treatment by order of either general sessions or criminal court judges, pursuant to a plan and procedures developed by the department of mental health and submitted to the general assembly prior to July 1, 1998. Any moneys in the alcohol and drug addiction treatment fund administered by the state treasurer shall be transferred to the alcohol and drug addiction treatment fund administered by the department of mental health on April 8, 1998. The alcohol and drug addiction treatment fund shall be administered pursuant to rules promulgated by the department of mental health and substance abuse services, which shall establish criteria for application of the funds; (B) The rules promulgated by the department of mental health and substance abuse services shall include application of a portion of the funds up to a total of two hundred thousand dollars ($200,000), and any grants, gifts, contributions, or other appropriations made to supplement the funds for services related to compulsive gambling disorder, to provide prevention, early intervention, assessment or referral, and evaluation services related to compulsive gambling disorder which shall include all of the following: (i) Establishing an information and referral hotline to provide public education regarding compulsive gambling and to make treatment referrals; (ii) Coordinating activities, services and gathering data on the prevalence of problems regarding compulsive gambling; (iii) Training personnel in the prevention of gambling disorders and in the screening and assessment of these disorders; (iv) Making assessment services available through local treatment providers; and (v) Providing development and maintenance of treatment services only to the extent that funds exist to do so and still accomplish the goals intended by creation of the alcohol and drug treatment addiction fund; (C) Subdivision (c)(2)(B) shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to subdivision (c)(2)(B) unless the proposed improvement for the alcohol and drug treatment fund for fiscal year 2004-2005 is included in the general appropriation act; and (3) (A) If a court of competent jurisdiction orders a person to operate only a motor vehicle that is equipped with a functioning ignition interlock device and the judge makes a specific finding that the person is indigent, all costs associated with the lease, purchase, installation, removal and maintenance of such device or with any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4, shall be paid exclusively from the electronic monitoring indigency fund established pursuant to § 55-10-419 ; (B) Notwithstanding any other provision of title 55, chapter 10, no funds from the alcohol and drug addiction treatment fund administered by the department of mental health and substance abuse services shall be used for the lease, purchase, installation, removal or maintenance of such device or for any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4. (d) (1) An owner of property whose interest is forfeited after being arrested for, or charged with, any felony shall be ineligible to purchase the property from, or to bid at any sale of the property conducted by, the seizing agency or its agent. (2) An owner whose interest is forfeited after being arrested for, or charged with, any felony, shall also be ineligible to redeem the property from, or to bid at any sale of the property by, a secured party acting pursuant to the agreement, contract or title 47, chapter 9. (e) Nothing in this section shall be construed as prohibiting a state, county or municipal agency from using a seized vehicle in accordance with § 53-11-201(b) . (f) Notwithstanding the provisions of subsections (a) and (b) to the contrary, the revenue derived from the sale of vehicles forfeited under the authority of § 55-10-414 shall be distributed as follows: (1) The revenue shall be retained by the entity, either the state or local government, which was responsible for the seizure. The revenue shall be used during each fiscal year to compensate the entity for reasonable and direct expenses involved in the confiscation, towing, storage, and sale of the forfeited vehicles. All expenses claimed by the entity shall be subject to audit and review by the comptroller of the treasury for the purpose of determining that expenses claimed by the entity are direct and reasonable; (2) Any remaining revenue shall be transmitted to the department of mental health and substance abuse services no later than June 30 of each fiscal year. This revenue shall be placed in a special fund to be known as the "alcohol and drug addiction treatment fund" and shall be available for use after July 1, 1998, to pay the cost of alcohol and drug addiction treatment for persons certified for the treatment by order of either general sessions or criminal court judges, pursuant to a plan and procedures developed by the department of mental health and submitted to the general assembly prior to July 1, 1998. Any moneys in the alcohol and drug addiction treatment fund administered by the state treasurer shall be transferred to the alcohol and drug addiction treatment fund administered by the department of mental health on April 8, 1998; and (3) (A) If a court of competent jurisdiction orders a person to operate only a motor vehicle that is equipped with a functioning ignition interlock device and the judge makes a specific finding that the person is indigent, all costs associated with the lease, purchase, installation, removal and maintenance of such device or with any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4, shall be paid exclusively from the electronic monitoring indigency fund established pursuant to § 55-10-419 ; (B) Notwithstanding any other provision of title 55, chapter 10, part 4, no funds from the alcohol and drug addiction treatment fund administered by the department of mental health and substance abuse services shall be used for the lease, purchase, installation, removal or maintenance of such device or for any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4. (g) (1) Notwithstanding the provisions of this section, the proceeds from all forfeitures of conveyances or real or personal property used in the commission of an offense under title 39, chapter 17, part 10 shall be transmitted to the general fund, where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the child abuse fund. Moneys from the fund shall be expended to fund activities authorized by § 39-13-530 . Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund at the end of the fiscal year. Any excess revenues or interest earned by the revenues shall not revert at the end of the fiscal year, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund at the end of the fiscal year, but shall remain available for expenditure in subsequent fiscal years. (2) The general assembly shall appropriate, through the general appropriations act, moneys from the child abuse fund to the department of finance and administration for the child abuse fund. The appropriations shall be specifically earmarked for the purposes set out in § 39-13-530 . (h) (1) Notwithstanding this section, the proceeds from all forfeitures of conveyances or real or personal property used in the commission of an offense under title 39, chapter 13, part 5, shall be transmitted to the general fund where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the child abuse fund. Moneys from the fund shall be expended to fund activities authorized by § 39-13-530 . Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30. Any excess revenues or interest earned by the revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. (2) The general assembly shall appropriate, through the general appropriations act, moneys from the child abuse fund to the department of finance and administration for the child abuse fund. The appropriations shall be specifically earmarked for the purposes set out in § 39-13-530 . (i) Notwithstanding subsections (a) and (b), the revenue derived from the sale of motor vehicles forfeited under the authority of § 55-16-104 shall be distributed as follows: (1) Seventy-five percent (75%) of the revenue shall be retained by the entity responsible for the seizure; (2) Ten percent (10%) of the revenue shall be transferred to the state and placed in the general fund; and (3) Fifteen percent (15%) of the revenue shall be transferred to the department of commerce and insurance, division of consumer affairs, for consumer education. Amended by 2018 Tenn. Acts, ch. 999,s 3, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 993,s 6, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 993,s 5, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 344,s 8, eff. 7/1/2015. Amended by 2013 Tenn. Acts, ch. 154,s 35, eff. 7/1/2013. Acts 1994, ch. 925, § 1; 1995, ch. 514, § 2; 1996, ch. 910, §§ 2, 5; 1996, ch. 959, § 4; 1997, ch. 148, §§ 1-6; 1998, ch. 729, §§ 1, 2; 2002, ch. 855, §§ 3, 4, 14; 2003, ch. 90, § 2; 2004, ch. 833, § 1; 2006, ch. 960, §§ 3, 5; 2007, ch. 586, § 1; 2009, ch. 186, § 5; 2010, ch. 921, §§ 1, 2; 2010, ch. 1100, § 66; 2012, ch. 575, § 1.
(a) (1) The proceeds from all seizures, confiscations and sales made by a state agency pursuant to § 39-14-307 , § 47-25-1105 , § 53-11-451 , § 55-10-414 , § 57-3-411 , § 57-5-409 , § 57-9-201 , § 67-4-1020 or § 70-6-202 , shall be transmitted to the state treasurer and deposited in the state treasury. All the seizures, confiscations and sales made by county or municipal law enforcement personnel shall be paid to the county trustee or city recorder, respectively, and shall be used exclusively for the benefit of the seizing county or municipality for law enforcement or drug education purposes. All such seizures, confiscations and sales derived from the activities of a judicial district drug task force shall be paid to an expendable trust fund maintained by the county mayor in a county designated by the district attorney general, and shall be used exclusively in a drug enforcement or drug education program of the district as directed by the board of directors of the judicial district drug task force. If any other provision of law requires that the proceeds from seizures, confiscations and sales made under one (1) of the sections set out in this subsection (a) be deposited in a special fund, the provisions of that other provision shall control. (2) The comptroller's regular audit of a local government shall also include how proceeds derived from forfeited assets are used by county or municipal law enforcement or by a judicial district drug task force. The comptroller of the treasury shall provide information obtained during an audit pursuant to this subdivision (a)(2) to the department for publication on the department's website in accordance with § 40-33-216(c) .
(1) The proceeds from all seizures, confiscations and sales made by a state agency pursuant to § 39-14-307 , § 47-25-1105 , § 53-11-451 , § 55-10-414 , § 57-3-411 , § 57-5-409 , § 57-9-201 , § 67-4-1020 or § 70-6-202 , shall be transmitted to the state treasurer and deposited in the state treasury. All the seizures, confiscations and sales made by county or municipal law enforcement personnel shall be paid to the county trustee or city recorder, respectively, and shall be used exclusively for the benefit of the seizing county or municipality for law enforcement or drug education purposes. All such seizures, confiscations and sales derived from the activities of a judicial district drug task force shall be paid to an expendable trust fund maintained by the county mayor in a county designated by the district attorney general, and shall be used exclusively in a drug enforcement or drug education program of the district as directed by the board of directors of the judicial district drug task force. If any other provision of law requires that the proceeds from seizures, confiscations and sales made under one (1) of the sections set out in this subsection (a) be deposited in a special fund, the provisions of that other provision shall control.
(2) The comptroller's regular audit of a local government shall also include how proceeds derived from forfeited assets are used by county or municipal law enforcement or by a judicial district drug task force. The comptroller of the treasury shall provide information obtained during an audit pursuant to this subdivision (a)(2) to the department for publication on the department's website in accordance with § 40-33-216(c) .
(b) Funds derived from seizures, confiscations and sales shall not be used to supplement the salaries of any public employee or law enforcement officer. All purchases made from the proceeds shall be made in accordance with existing purchasing statutes, including private acts, which establish purchasing provisions or requirements for the county or municipality.
(c) Notwithstanding the provisions of subsections (a) and (b) to the contrary, the revenue derived from the sale of vehicles forfeited under the authority of § 55-50-504(g) shall be distributed as follows: (1) The revenue shall be retained by the entity, either the state or local government, which was responsible for the seizure. The revenue shall be used during each fiscal year to compensate the entity for reasonable and direct expenses involved in the confiscation, towing, storage, and sale of the forfeited vehicles. All expenses claimed by the entity shall be subject to audit and review by the comptroller of the treasury for the purpose of determining that expenses claimed by the entity are direct and reasonable; (2) (A) Any remaining revenue shall be transmitted to the department of mental health and substance abuse services no later than June 30 of each fiscal year. This revenue shall be placed in a special fund to be known as the "alcohol and drug addiction treatment fund" and shall be available for use after July 1, 1998, to pay the cost of alcohol and drug addiction treatment for persons certified for the treatment by order of either general sessions or criminal court judges, pursuant to a plan and procedures developed by the department of mental health and submitted to the general assembly prior to July 1, 1998. Any moneys in the alcohol and drug addiction treatment fund administered by the state treasurer shall be transferred to the alcohol and drug addiction treatment fund administered by the department of mental health on April 8, 1998. The alcohol and drug addiction treatment fund shall be administered pursuant to rules promulgated by the department of mental health and substance abuse services, which shall establish criteria for application of the funds; (B) The rules promulgated by the department of mental health and substance abuse services shall include application of a portion of the funds up to a total of two hundred thousand dollars ($200,000), and any grants, gifts, contributions, or other appropriations made to supplement the funds for services related to compulsive gambling disorder, to provide prevention, early intervention, assessment or referral, and evaluation services related to compulsive gambling disorder which shall include all of the following: (i) Establishing an information and referral hotline to provide public education regarding compulsive gambling and to make treatment referrals; (ii) Coordinating activities, services and gathering data on the prevalence of problems regarding compulsive gambling; (iii) Training personnel in the prevention of gambling disorders and in the screening and assessment of these disorders; (iv) Making assessment services available through local treatment providers; and (v) Providing development and maintenance of treatment services only to the extent that funds exist to do so and still accomplish the goals intended by creation of the alcohol and drug treatment addiction fund; (C) Subdivision (c)(2)(B) shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to subdivision (c)(2)(B) unless the proposed improvement for the alcohol and drug treatment fund for fiscal year 2004-2005 is included in the general appropriation act; and (3) (A) If a court of competent jurisdiction orders a person to operate only a motor vehicle that is equipped with a functioning ignition interlock device and the judge makes a specific finding that the person is indigent, all costs associated with the lease, purchase, installation, removal and maintenance of such device or with any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4, shall be paid exclusively from the electronic monitoring indigency fund established pursuant to § 55-10-419 ; (B) Notwithstanding any other provision of title 55, chapter 10, no funds from the alcohol and drug addiction treatment fund administered by the department of mental health and substance abuse services shall be used for the lease, purchase, installation, removal or maintenance of such device or for any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4.
(1) The revenue shall be retained by the entity, either the state or local government, which was responsible for the seizure. The revenue shall be used during each fiscal year to compensate the entity for reasonable and direct expenses involved in the confiscation, towing, storage, and sale of the forfeited vehicles. All expenses claimed by the entity shall be subject to audit and review by the comptroller of the treasury for the purpose of determining that expenses claimed by the entity are direct and reasonable;
(2) (A) Any remaining revenue shall be transmitted to the department of mental health and substance abuse services no later than June 30 of each fiscal year. This revenue shall be placed in a special fund to be known as the "alcohol and drug addiction treatment fund" and shall be available for use after July 1, 1998, to pay the cost of alcohol and drug addiction treatment for persons certified for the treatment by order of either general sessions or criminal court judges, pursuant to a plan and procedures developed by the department of mental health and submitted to the general assembly prior to July 1, 1998. Any moneys in the alcohol and drug addiction treatment fund administered by the state treasurer shall be transferred to the alcohol and drug addiction treatment fund administered by the department of mental health on April 8, 1998. The alcohol and drug addiction treatment fund shall be administered pursuant to rules promulgated by the department of mental health and substance abuse services, which shall establish criteria for application of the funds; (B) The rules promulgated by the department of mental health and substance abuse services shall include application of a portion of the funds up to a total of two hundred thousand dollars ($200,000), and any grants, gifts, contributions, or other appropriations made to supplement the funds for services related to compulsive gambling disorder, to provide prevention, early intervention, assessment or referral, and evaluation services related to compulsive gambling disorder which shall include all of the following: (i) Establishing an information and referral hotline to provide public education regarding compulsive gambling and to make treatment referrals; (ii) Coordinating activities, services and gathering data on the prevalence of problems regarding compulsive gambling; (iii) Training personnel in the prevention of gambling disorders and in the screening and assessment of these disorders; (iv) Making assessment services available through local treatment providers; and (v) Providing development and maintenance of treatment services only to the extent that funds exist to do so and still accomplish the goals intended by creation of the alcohol and drug treatment addiction fund; (C) Subdivision (c)(2)(B) shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to subdivision (c)(2)(B) unless the proposed improvement for the alcohol and drug treatment fund for fiscal year 2004-2005 is included in the general appropriation act; and
(A) Any remaining revenue shall be transmitted to the department of mental health and substance abuse services no later than June 30 of each fiscal year. This revenue shall be placed in a special fund to be known as the "alcohol and drug addiction treatment fund" and shall be available for use after July 1, 1998, to pay the cost of alcohol and drug addiction treatment for persons certified for the treatment by order of either general sessions or criminal court judges, pursuant to a plan and procedures developed by the department of mental health and submitted to the general assembly prior to July 1, 1998. Any moneys in the alcohol and drug addiction treatment fund administered by the state treasurer shall be transferred to the alcohol and drug addiction treatment fund administered by the department of mental health on April 8, 1998. The alcohol and drug addiction treatment fund shall be administered pursuant to rules promulgated by the department of mental health and substance abuse services, which shall establish criteria for application of the funds;
(B) The rules promulgated by the department of mental health and substance abuse services shall include application of a portion of the funds up to a total of two hundred thousand dollars ($200,000), and any grants, gifts, contributions, or other appropriations made to supplement the funds for services related to compulsive gambling disorder, to provide prevention, early intervention, assessment or referral, and evaluation services related to compulsive gambling disorder which shall include all of the following: (i) Establishing an information and referral hotline to provide public education regarding compulsive gambling and to make treatment referrals; (ii) Coordinating activities, services and gathering data on the prevalence of problems regarding compulsive gambling; (iii) Training personnel in the prevention of gambling disorders and in the screening and assessment of these disorders; (iv) Making assessment services available through local treatment providers; and (v) Providing development and maintenance of treatment services only to the extent that funds exist to do so and still accomplish the goals intended by creation of the alcohol and drug treatment addiction fund;
(i) Establishing an information and referral hotline to provide public education regarding compulsive gambling and to make treatment referrals;
(ii) Coordinating activities, services and gathering data on the prevalence of problems regarding compulsive gambling;
(iii) Training personnel in the prevention of gambling disorders and in the screening and assessment of these disorders;
(iv) Making assessment services available through local treatment providers; and
(v) Providing development and maintenance of treatment services only to the extent that funds exist to do so and still accomplish the goals intended by creation of the alcohol and drug treatment addiction fund;
(C) Subdivision (c)(2)(B) shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to subdivision (c)(2)(B) unless the proposed improvement for the alcohol and drug treatment fund for fiscal year 2004-2005 is included in the general appropriation act; and
(3) (A) If a court of competent jurisdiction orders a person to operate only a motor vehicle that is equipped with a functioning ignition interlock device and the judge makes a specific finding that the person is indigent, all costs associated with the lease, purchase, installation, removal and maintenance of such device or with any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4, shall be paid exclusively from the electronic monitoring indigency fund established pursuant to § 55-10-419 ; (B) Notwithstanding any other provision of title 55, chapter 10, no funds from the alcohol and drug addiction treatment fund administered by the department of mental health and substance abuse services shall be used for the lease, purchase, installation, removal or maintenance of such device or for any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4.
(A) If a court of competent jurisdiction orders a person to operate only a motor vehicle that is equipped with a functioning ignition interlock device and the judge makes a specific finding that the person is indigent, all costs associated with the lease, purchase, installation, removal and maintenance of such device or with any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4, shall be paid exclusively from the electronic monitoring indigency fund established pursuant to § 55-10-419 ;
(B) Notwithstanding any other provision of title 55, chapter 10, no funds from the alcohol and drug addiction treatment fund administered by the department of mental health and substance abuse services shall be used for the lease, purchase, installation, removal or maintenance of such device or for any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4.
(d) (1) An owner of property whose interest is forfeited after being arrested for, or charged with, any felony shall be ineligible to purchase the property from, or to bid at any sale of the property conducted by, the seizing agency or its agent. (2) An owner whose interest is forfeited after being arrested for, or charged with, any felony, shall also be ineligible to redeem the property from, or to bid at any sale of the property by, a secured party acting pursuant to the agreement, contract or title 47, chapter 9.
(1) An owner of property whose interest is forfeited after being arrested for, or charged with, any felony shall be ineligible to purchase the property from, or to bid at any sale of the property conducted by, the seizing agency or its agent.
(2) An owner whose interest is forfeited after being arrested for, or charged with, any felony, shall also be ineligible to redeem the property from, or to bid at any sale of the property by, a secured party acting pursuant to the agreement, contract or title 47, chapter 9.
(e) Nothing in this section shall be construed as prohibiting a state, county or municipal agency from using a seized vehicle in accordance with § 53-11-201(b) .
(f) Notwithstanding the provisions of subsections (a) and (b) to the contrary, the revenue derived from the sale of vehicles forfeited under the authority of § 55-10-414 shall be distributed as follows: (1) The revenue shall be retained by the entity, either the state or local government, which was responsible for the seizure. The revenue shall be used during each fiscal year to compensate the entity for reasonable and direct expenses involved in the confiscation, towing, storage, and sale of the forfeited vehicles. All expenses claimed by the entity shall be subject to audit and review by the comptroller of the treasury for the purpose of determining that expenses claimed by the entity are direct and reasonable; (2) Any remaining revenue shall be transmitted to the department of mental health and substance abuse services no later than June 30 of each fiscal year. This revenue shall be placed in a special fund to be known as the "alcohol and drug addiction treatment fund" and shall be available for use after July 1, 1998, to pay the cost of alcohol and drug addiction treatment for persons certified for the treatment by order of either general sessions or criminal court judges, pursuant to a plan and procedures developed by the department of mental health and submitted to the general assembly prior to July 1, 1998. Any moneys in the alcohol and drug addiction treatment fund administered by the state treasurer shall be transferred to the alcohol and drug addiction treatment fund administered by the department of mental health on April 8, 1998; and (3) (A) If a court of competent jurisdiction orders a person to operate only a motor vehicle that is equipped with a functioning ignition interlock device and the judge makes a specific finding that the person is indigent, all costs associated with the lease, purchase, installation, removal and maintenance of such device or with any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4, shall be paid exclusively from the electronic monitoring indigency fund established pursuant to § 55-10-419 ; (B) Notwithstanding any other provision of title 55, chapter 10, part 4, no funds from the alcohol and drug addiction treatment fund administered by the department of mental health and substance abuse services shall be used for the lease, purchase, installation, removal or maintenance of such device or for any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4.
(1) The revenue shall be retained by the entity, either the state or local government, which was responsible for the seizure. The revenue shall be used during each fiscal year to compensate the entity for reasonable and direct expenses involved in the confiscation, towing, storage, and sale of the forfeited vehicles. All expenses claimed by the entity shall be subject to audit and review by the comptroller of the treasury for the purpose of determining that expenses claimed by the entity are direct and reasonable;
(2) Any remaining revenue shall be transmitted to the department of mental health and substance abuse services no later than June 30 of each fiscal year. This revenue shall be placed in a special fund to be known as the "alcohol and drug addiction treatment fund" and shall be available for use after July 1, 1998, to pay the cost of alcohol and drug addiction treatment for persons certified for the treatment by order of either general sessions or criminal court judges, pursuant to a plan and procedures developed by the department of mental health and submitted to the general assembly prior to July 1, 1998. Any moneys in the alcohol and drug addiction treatment fund administered by the state treasurer shall be transferred to the alcohol and drug addiction treatment fund administered by the department of mental health on April 8, 1998; and
(3) (A) If a court of competent jurisdiction orders a person to operate only a motor vehicle that is equipped with a functioning ignition interlock device and the judge makes a specific finding that the person is indigent, all costs associated with the lease, purchase, installation, removal and maintenance of such device or with any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4, shall be paid exclusively from the electronic monitoring indigency fund established pursuant to § 55-10-419 ; (B) Notwithstanding any other provision of title 55, chapter 10, part 4, no funds from the alcohol and drug addiction treatment fund administered by the department of mental health and substance abuse services shall be used for the lease, purchase, installation, removal or maintenance of such device or for any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4.
(A) If a court of competent jurisdiction orders a person to operate only a motor vehicle that is equipped with a functioning ignition interlock device and the judge makes a specific finding that the person is indigent, all costs associated with the lease, purchase, installation, removal and maintenance of such device or with any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4, shall be paid exclusively from the electronic monitoring indigency fund established pursuant to § 55-10-419 ;
(B) Notwithstanding any other provision of title 55, chapter 10, part 4, no funds from the alcohol and drug addiction treatment fund administered by the department of mental health and substance abuse services shall be used for the lease, purchase, installation, removal or maintenance of such device or for any other cost or fee associated with a functioning ignition interlock device required by title 55, chapter 10, part 4.
(g) (1) Notwithstanding the provisions of this section, the proceeds from all forfeitures of conveyances or real or personal property used in the commission of an offense under title 39, chapter 17, part 10 shall be transmitted to the general fund, where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the child abuse fund. Moneys from the fund shall be expended to fund activities authorized by § 39-13-530 . Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund at the end of the fiscal year. Any excess revenues or interest earned by the revenues shall not revert at the end of the fiscal year, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund at the end of the fiscal year, but shall remain available for expenditure in subsequent fiscal years. (2) The general assembly shall appropriate, through the general appropriations act, moneys from the child abuse fund to the department of finance and administration for the child abuse fund. The appropriations shall be specifically earmarked for the purposes set out in § 39-13-530 .
(1) Notwithstanding the provisions of this section, the proceeds from all forfeitures of conveyances or real or personal property used in the commission of an offense under title 39, chapter 17, part 10 shall be transmitted to the general fund, where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the child abuse fund. Moneys from the fund shall be expended to fund activities authorized by § 39-13-530 . Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund at the end of the fiscal year. Any excess revenues or interest earned by the revenues shall not revert at the end of the fiscal year, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund at the end of the fiscal year, but shall remain available for expenditure in subsequent fiscal years.
(2) The general assembly shall appropriate, through the general appropriations act, moneys from the child abuse fund to the department of finance and administration for the child abuse fund. The appropriations shall be specifically earmarked for the purposes set out in § 39-13-530 .
(h) (1) Notwithstanding this section, the proceeds from all forfeitures of conveyances or real or personal property used in the commission of an offense under title 39, chapter 13, part 5, shall be transmitted to the general fund where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the child abuse fund. Moneys from the fund shall be expended to fund activities authorized by § 39-13-530 . Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30. Any excess revenues or interest earned by the revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. (2) The general assembly shall appropriate, through the general appropriations act, moneys from the child abuse fund to the department of finance and administration for the child abuse fund. The appropriations shall be specifically earmarked for the purposes set out in § 39-13-530 .
(1) Notwithstanding this section, the proceeds from all forfeitures of conveyances or real or personal property used in the commission of an offense under title 39, chapter 13, part 5, shall be transmitted to the general fund where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the child abuse fund. Moneys from the fund shall be expended to fund activities authorized by § 39-13-530 . Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30. Any excess revenues or interest earned by the revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years.
(2) The general assembly shall appropriate, through the general appropriations act, moneys from the child abuse fund to the department of finance and administration for the child abuse fund. The appropriations shall be specifically earmarked for the purposes set out in § 39-13-530 .
(i) Notwithstanding subsections (a) and (b), the revenue derived from the sale of motor vehicles forfeited under the authority of § 55-16-104 shall be distributed as follows: (1) Seventy-five percent (75%) of the revenue shall be retained by the entity responsible for the seizure; (2) Ten percent (10%) of the revenue shall be transferred to the state and placed in the general fund; and (3) Fifteen percent (15%) of the revenue shall be transferred to the department of commerce and insurance, division of consumer affairs, for consumer education.
(1) Seventy-five percent (75%) of the revenue shall be retained by the entity responsible for the seizure;
(2) Ten percent (10%) of the revenue shall be transferred to the state and placed in the general fund; and
(3) Fifteen percent (15%) of the revenue shall be transferred to the department of commerce and insurance, division of consumer affairs, for consumer education.
Amended by 2018 Tenn. Acts, ch. 999,s 3, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 993,s 6, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 993,s 5, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 344,s 8, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 154,s 35, eff. 7/1/2013.
Acts 1994, ch. 925, § 1; 1995, ch. 514, § 2; 1996, ch. 910, §§ 2, 5; 1996, ch. 959, § 4; 1997, ch. 148, §§ 1-6; 1998, ch. 729, §§ 1, 2; 2002, ch. 855, §§ 3, 4, 14; 2003, ch. 90, § 2; 2004, ch. 833, § 1; 2006, ch. 960, §§ 3, 5; 2007, ch. 586, § 1; 2009, ch. 186, § 5; 2010, ch. 921, §§ 1, 2; 2010, ch. 1100, § 66; 2012, ch. 575, § 1.
Tenn. Code Ann. § 40-33-210 — TN Code / Title 40 / Chapter 33 / Section 40-33-210
Hearing
Status: in_force

(a) In order to forfeit any property or any person's interest in the property pursuant to §§ 39-14-307 , 47-25-1105 , 53-11-451 , 55-10-414 , 55-16-104 , 55-50-504(g) , 57-3-411 , 57-5-409 , 57-9-201 , 67-4-1020 or 70-6-202 , the state shall have the burden to prove by a preponderance of evidence that: (1) The seized property was of a nature making its possession illegal or was used in a manner making it subject to forfeiture under the sections set out in this subsection (a); and (2) The owner or co-owner of the property knew that the property was of a nature making its possession illegal or was being used in a manner making it subject to forfeiture, or, in the case of a secured party, that the standards set out in subsection (f) are met. (b) Failure to carry the burden of proof shall operate as a bar to any forfeiture and the property shall be immediately returned to the claimant. (c) (1) The interest of a co-owner or co-owners who were not in possession of the property at the time it was seized may be forfeited if the co-owners: (A) Were co-conspirators to the activity making the property subject to forfeiture; (B) Knew that the property was of a nature making its possession illegal; or (C) Knew that it was being used in a manner making it subject to forfeiture and consented to the use. (2) If the state meets its burden of proof as to one (1) co-owner of the seized property but fails to do so as to one (1) or more other co-owners, the property shall be forfeited subject to the interest of the innocent co-owners. (d) If it is determined that the state has carried the burden of proof with regard to all parties claiming an interest in the property, and the ruling of the administrative law judge is adverse to the claimant or claimants, the property shall be sold or disposed of as provided in § 40-33-211 . (e) If the interest of the owner or co-owner of seized property is forfeited pursuant to this section but the interest of the secured party is not, the administrative law judge may, at the request of the secured party, return the seized property for disposition in accordance with the security agreement or other contract. If the property is not returned to the secured party, the forfeiture shall be subject to the secured party's interest. (f) A secured party's interest may be forfeited if, from evidence presented at the hearing, the administrative law judge finds that: (1) The secured party is a co-conspirator to the activity making the property subject to forfeiture; or (2) The secured party, at the time the interest attached, had actual knowledge of the intended illegal use of the property. A secured party who acquired an interest in the ordinary course of business shall be presumed to have no actual knowledge of an intended illegal use and shall have no duty to inquire as to the record or reputation of a borrower. (g) The expenses of storage, transportation and other similar costs shall be adjudged as part of the cost of the proceeding in such manner as the administrative law judge shall determine. (h) The administrative law judge's ruling shall be considered a final order of the applicable agency for purposes of appealing of the order. Amended by 2017 Tenn. Acts, ch. 352,Secs.s4, s5 eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 352,s 3, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 344,s 7, eff. 7/1/2015. Amended by 2013 Tenn. Acts, ch. 154,s 34, eff. 7/1/2013. Acts 1994, ch. 925, § 1; 1996, ch. 910, § 4; 1996, ch. 959, § 3.
(a) In order to forfeit any property or any person's interest in the property pursuant to §§ 39-14-307 , 47-25-1105 , 53-11-451 , 55-10-414 , 55-16-104 , 55-50-504(g) , 57-3-411 , 57-5-409 , 57-9-201 , 67-4-1020 or 70-6-202 , the state shall have the burden to prove by a preponderance of evidence that: (1) The seized property was of a nature making its possession illegal or was used in a manner making it subject to forfeiture under the sections set out in this subsection (a); and (2) The owner or co-owner of the property knew that the property was of a nature making its possession illegal or was being used in a manner making it subject to forfeiture, or, in the case of a secured party, that the standards set out in subsection (f) are met.
(1) The seized property was of a nature making its possession illegal or was used in a manner making it subject to forfeiture under the sections set out in this subsection (a); and
(2) The owner or co-owner of the property knew that the property was of a nature making its possession illegal or was being used in a manner making it subject to forfeiture, or, in the case of a secured party, that the standards set out in subsection (f) are met.
(b) Failure to carry the burden of proof shall operate as a bar to any forfeiture and the property shall be immediately returned to the claimant.
(c) (1) The interest of a co-owner or co-owners who were not in possession of the property at the time it was seized may be forfeited if the co-owners: (A) Were co-conspirators to the activity making the property subject to forfeiture; (B) Knew that the property was of a nature making its possession illegal; or (C) Knew that it was being used in a manner making it subject to forfeiture and consented to the use. (2) If the state meets its burden of proof as to one (1) co-owner of the seized property but fails to do so as to one (1) or more other co-owners, the property shall be forfeited subject to the interest of the innocent co-owners.
(1) The interest of a co-owner or co-owners who were not in possession of the property at the time it was seized may be forfeited if the co-owners: (A) Were co-conspirators to the activity making the property subject to forfeiture; (B) Knew that the property was of a nature making its possession illegal; or (C) Knew that it was being used in a manner making it subject to forfeiture and consented to the use.
(A) Were co-conspirators to the activity making the property subject to forfeiture;
(B) Knew that the property was of a nature making its possession illegal; or
(C) Knew that it was being used in a manner making it subject to forfeiture and consented to the use.
(2) If the state meets its burden of proof as to one (1) co-owner of the seized property but fails to do so as to one (1) or more other co-owners, the property shall be forfeited subject to the interest of the innocent co-owners.
(d) If it is determined that the state has carried the burden of proof with regard to all parties claiming an interest in the property, and the ruling of the administrative law judge is adverse to the claimant or claimants, the property shall be sold or disposed of as provided in § 40-33-211 .
(e) If the interest of the owner or co-owner of seized property is forfeited pursuant to this section but the interest of the secured party is not, the administrative law judge may, at the request of the secured party, return the seized property for disposition in accordance with the security agreement or other contract. If the property is not returned to the secured party, the forfeiture shall be subject to the secured party's interest.
(f) A secured party's interest may be forfeited if, from evidence presented at the hearing, the administrative law judge finds that: (1) The secured party is a co-conspirator to the activity making the property subject to forfeiture; or (2) The secured party, at the time the interest attached, had actual knowledge of the intended illegal use of the property. A secured party who acquired an interest in the ordinary course of business shall be presumed to have no actual knowledge of an intended illegal use and shall have no duty to inquire as to the record or reputation of a borrower.
(1) The secured party is a co-conspirator to the activity making the property subject to forfeiture; or
(2) The secured party, at the time the interest attached, had actual knowledge of the intended illegal use of the property. A secured party who acquired an interest in the ordinary course of business shall be presumed to have no actual knowledge of an intended illegal use and shall have no duty to inquire as to the record or reputation of a borrower.
(g) The expenses of storage, transportation and other similar costs shall be adjudged as part of the cost of the proceeding in such manner as the administrative law judge shall determine.
(h) The administrative law judge's ruling shall be considered a final order of the applicable agency for purposes of appealing of the order.
Amended by 2017 Tenn. Acts, ch. 352,Secs.s4, s5 eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 352,s 3, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 344,s 7, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 154,s 34, eff. 7/1/2013.
Acts 1994, ch. 925, § 1; 1996, ch. 910, § 4; 1996, ch. 959, § 3.
Tenn. Code Ann. § 40-35-119 — TN Code / Title 40 / Chapter 35 / Section 40-35-119
Classification of prior unclassified felony offenses
Status: in_force

Any prior felony offense committed between July 1, 1982, and November 1, 1989, which has not been classified pursuant to § 40-35-118 or otherwise, is a Class E felony. Acts 1990, ch. 980, § 23.
Any prior felony offense committed between July 1, 1982, and November 1, 1989, which has not been classified pursuant to § 40-35-118 or otherwise, is a Class E felony.
Acts 1990, ch. 980, § 23.
Tenn. Code Ann. § 40-13-220 — TN Code / Title 40 / Chapter 13 / Section 40-13-220
Alleging grave-robbing
Status: in_force

The indictment for the offense of unlawfully and willfully digging open a grave, or unlawfully and willfully taking up or carrying away the dead body, or any part of the body, need not specify what grave or whose dead body has been violated or disturbed. Code 1858, § 5137 (deriv. Acts 1831, ch. 81, § 2); Shan., § 7100; Code 1932, § 11646; T.C.A. (orig. ed.), § 40-1826.
The indictment for the offense of unlawfully and willfully digging open a grave, or unlawfully and willfully taking up or carrying away the dead body, or any part of the body, need not specify what grave or whose dead body has been violated or disturbed.
Code 1858, § 5137 (deriv. Acts 1831, ch. 81, § 2); Shan., § 7100; Code 1932, § 11646; T.C.A. (orig. ed.), § 40-1826.
Tenn. Code Ann. § 40-6-211 — TN Code / Title 40 / Chapter 6 / Section 40-6-211
Accuseds outside county - Persons to whom warrant issued - Accused brought before magistrate
Status: in_force

When the person accused has fled, or resides out of the county where the offense was committed, the warrant may issue to any lawful officer of any county in the state, and the accused may be brought before the magistrate issuing the warrant, or any other magistrate. Code 1858, § 5029 (deriv. Acts 1822, ch. 40, § 2); Shan., § 6988; Code 1932, § 11527; T.C.A. (orig. ed.), § 40-712.
When the person accused has fled, or resides out of the county where the offense was committed, the warrant may issue to any lawful officer of any county in the state, and the accused may be brought before the magistrate issuing the warrant, or any other magistrate.
Code 1858, § 5029 (deriv. Acts 1822, ch. 40, § 2); Shan., § 6988; Code 1932, § 11527; T.C.A. (orig. ed.), § 40-712.
Tenn. Code Ann. § 40-33-104 — TN Code / Title 40 / Chapter 33 / Section 40-33-104
Replevin prohibited - Duty of seizing authority
Status: in_force

(a) A conveyance taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable subject only to the orders and decrees of the circuit or criminal court. (b) When a conveyance is seized under this part, the seizing authority may: (1) Place the conveyance under seal; (2) Remove the conveyance to a place designated by the court having jurisdiction over the property; and/or (3) Require the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable to take custody of the conveyance and remove it to an appropriate location for disposition in accordance with law. Acts 1977, ch. 81, § 1; 1981, ch. 512, § 5; T.C.A. § 40-4104; Acts 2007 , ch. 106, § 2; 2010 , ch. 1040, § 2.
(a) A conveyance taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable subject only to the orders and decrees of the circuit or criminal court.
(b) When a conveyance is seized under this part, the seizing authority may: (1) Place the conveyance under seal; (2) Remove the conveyance to a place designated by the court having jurisdiction over the property; and/or (3) Require the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable to take custody of the conveyance and remove it to an appropriate location for disposition in accordance with law.
(1) Place the conveyance under seal;
(2) Remove the conveyance to a place designated by the court having jurisdiction over the property; and/or
(3) Require the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable to take custody of the conveyance and remove it to an appropriate location for disposition in accordance with law.
Acts 1977, ch. 81, § 1; 1981, ch. 512, § 5; T.C.A. § 40-4104; Acts 2007 , ch. 106, § 2; 2010 , ch. 1040, § 2.
Tenn. Code Ann. § 40-28-504 — TN Code / Title 40 / Chapter 28 / Section 40-28-504
Written victim impact statements and victim impact statement videos
Status: in_force

(a) The board shall accept and consider victim impact statements, including victim impact statement videos. (b) Written victim impact statements and victim impact statement videos are confidential and must not be made available to the public. (c) Assertions made in a victim impact statement may be investigated and verified by the board. (d) As used in this section, "victim" includes both victims and victim representatives, as those terms are defined in § 40-38-203 . Amended by 2021 Tenn. Acts, ch. 410, s 4, eff. 5/12/2021. Acts 1993, ch. 336, § 4.
(a) The board shall accept and consider victim impact statements, including victim impact statement videos.
(b) Written victim impact statements and victim impact statement videos are confidential and must not be made available to the public.
(c) Assertions made in a victim impact statement may be investigated and verified by the board.
(d) As used in this section, "victim" includes both victims and victim representatives, as those terms are defined in § 40-38-203 .
Amended by 2021 Tenn. Acts, ch. 410, s 4, eff. 5/12/2021.
Acts 1993, ch. 336, § 4.
Tenn. Code Ann. § 40-17-205 — TN Code / Title 40 / Chapter 17 / Section 40-17-205
Ordering witness into custody
Status: in_force

If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness's attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be immediately brought before the judge for the hearing. The judge at the hearing, being satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof, may, in lieu of issuing a subpoena or summons, order that the witness be taken into custody immediately and delivered to an officer of the requesting state. Acts 1939, ch. 148, § 3; C. Supp. 1950, § 11979.3; T.C.A. (orig. ed.), § 40-2433.
If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness's attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be immediately brought before the judge for the hearing. The judge at the hearing, being satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof, may, in lieu of issuing a subpoena or summons, order that the witness be taken into custody immediately and delivered to an officer of the requesting state.
Acts 1939, ch. 148, § 3; C. Supp. 1950, § 11979.3; T.C.A. (orig. ed.), § 40-2433.
Tenn. Code Ann. § 40-6-206 — TN Code / Title 40 / Chapter 6 / Section 40-6-206
Time of issuance and return - Misdemeanor cases
Status: in_force

Any process, warrant, precept or summons authorized to be issued by any of the judges or clerks of the court, in any criminal prosecution on behalf of the state, may be issued at any time and made returnable to any day of the term. In a misdemeanor case, if a process, warrant, precept or summons has not been served, returned or quashed within five (5) years from the date of its issuance, the process, warrant, precept or summons shall be automatically terminated and removed from the records. Code 1858, § 5031 (deriv. Acts 1794, ch. 1, § 10); Shan., § 6991; Code 1932, § 11530; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-705; Acts 1993, ch. 387, § 1.
Any process, warrant, precept or summons authorized to be issued by any of the judges or clerks of the court, in any criminal prosecution on behalf of the state, may be issued at any time and made returnable to any day of the term. In a misdemeanor case, if a process, warrant, precept or summons has not been served, returned or quashed within five (5) years from the date of its issuance, the process, warrant, precept or summons shall be automatically terminated and removed from the records.
Code 1858, § 5031 (deriv. Acts 1794, ch. 1, § 10); Shan., § 6991; Code 1932, § 11530; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-705; Acts 1993, ch. 387, § 1.
Tenn. Code Ann. § 40-30-106 — TN Code / Title 40 / Chapter 30 / Section 40-30-106
Preliminary consideration
Status: in_force

(a) The trial judge to whom the case is assigned shall, within thirty (30) days of the filing of the original petition, or a petition amended in accordance with subsection (d), examine it together with all the files, records, transcripts, and correspondence relating to the judgment under attack, and enter an order in accordance with this section or § 40-30-107 . (b) If it plainly appears from the face of the petition, any annexed exhibits or the prior proceedings in the case that the petition was not filed in the court of conviction or within the time set forth in the statute of limitations, or that a prior petition was filed attacking the conviction and was resolved on the merits, the judge shall enter an order dismissing the petition. The order shall state the reason for the dismissal and the facts requiring dismissal. If the petition is dismissed as untimely, the order shall state or the record shall reflect the date of conviction, whether an appeal was taken, the name of each court to which an appeal was taken, the date of the final action by each appellate court, and the date upon which the petition was filed. (c) If it appears that a post-conviction petition challenging the same conviction is already pending in either the trial court, court of criminal appeals, or supreme court, the judge shall enter an order dismissing the subsequent petition. The order shall state the style of the pending petition and in which court it is pending. (d) The petition must contain a clear and specific statement of all grounds upon which relief is sought, including full disclosure of the factual basis of those grounds. A bare allegation that a constitutional right has been violated and mere conclusions of law shall not be sufficient to warrant any further proceedings. Failure to state a factual basis for the grounds alleged shall result in immediate dismissal of the petition. If, however, the petition was filed pro se, the judge may enter an order stating that the petitioner must file an amended petition that complies with this section within fifteen (15) days or the petition will be dismissed. (e) If a petition amended in accordance with subsection (d) is incomplete, the court shall determine whether the petitioner is indigent and in need of counsel. The court may appoint counsel and enter a preliminary order if necessary to secure the filing of a complete petition. Counsel may file an amended petition within thirty (30) days of appointment. (f) Upon receipt of a petition in proper form, or upon receipt of an amended petition, the court shall examine the allegations of fact in the petition. If the facts alleged, taken as true, fail to show that the petitioner is entitled to relief or fail to show that the claims for relief have not been waived or previously determined, the petition shall be dismissed. The order of dismissal shall set forth the court's conclusions of law. (g) A ground for relief is waived if the petitioner personally or through an attorney failed to present it for determination in any proceeding before a court of competent jurisdiction in which the ground could have been presented unless: (1) The claim for relief is based upon a constitutional right not recognized as existing at the time of trial if either the federal or state constitution requires retroactive application of that right; or (2) The failure to present the ground was the result of state action in violation of the federal or state constitution. (h) A ground for relief is previously determined if a court of competent jurisdiction has ruled on the merits after a full and fair hearing. A full and fair hearing has occurred where the petitioner is afforded the opportunity to call witnesses and otherwise present evidence, regardless of whether the petitioner actually introduced any evidence. (i) If the petition is not dismissed pursuant to this rule, the court shall enter a preliminary order as provided in § 40-30-107 . Acts 1995, ch. 207, § 1; 1996, ch. 995, §§ 5-7; T.C.A. § 40-30-206 .
(a) The trial judge to whom the case is assigned shall, within thirty (30) days of the filing of the original petition, or a petition amended in accordance with subsection (d), examine it together with all the files, records, transcripts, and correspondence relating to the judgment under attack, and enter an order in accordance with this section or § 40-30-107 .
(b) If it plainly appears from the face of the petition, any annexed exhibits or the prior proceedings in the case that the petition was not filed in the court of conviction or within the time set forth in the statute of limitations, or that a prior petition was filed attacking the conviction and was resolved on the merits, the judge shall enter an order dismissing the petition. The order shall state the reason for the dismissal and the facts requiring dismissal. If the petition is dismissed as untimely, the order shall state or the record shall reflect the date of conviction, whether an appeal was taken, the name of each court to which an appeal was taken, the date of the final action by each appellate court, and the date upon which the petition was filed.
(c) If it appears that a post-conviction petition challenging the same conviction is already pending in either the trial court, court of criminal appeals, or supreme court, the judge shall enter an order dismissing the subsequent petition. The order shall state the style of the pending petition and in which court it is pending.
(d) The petition must contain a clear and specific statement of all grounds upon which relief is sought, including full disclosure of the factual basis of those grounds. A bare allegation that a constitutional right has been violated and mere conclusions of law shall not be sufficient to warrant any further proceedings. Failure to state a factual basis for the grounds alleged shall result in immediate dismissal of the petition. If, however, the petition was filed pro se, the judge may enter an order stating that the petitioner must file an amended petition that complies with this section within fifteen (15) days or the petition will be dismissed.
(e) If a petition amended in accordance with subsection (d) is incomplete, the court shall determine whether the petitioner is indigent and in need of counsel. The court may appoint counsel and enter a preliminary order if necessary to secure the filing of a complete petition. Counsel may file an amended petition within thirty (30) days of appointment.
(f) Upon receipt of a petition in proper form, or upon receipt of an amended petition, the court shall examine the allegations of fact in the petition. If the facts alleged, taken as true, fail to show that the petitioner is entitled to relief or fail to show that the claims for relief have not been waived or previously determined, the petition shall be dismissed. The order of dismissal shall set forth the court's conclusions of law.
(g) A ground for relief is waived if the petitioner personally or through an attorney failed to present it for determination in any proceeding before a court of competent jurisdiction in which the ground could have been presented unless: (1) The claim for relief is based upon a constitutional right not recognized as existing at the time of trial if either the federal or state constitution requires retroactive application of that right; or (2) The failure to present the ground was the result of state action in violation of the federal or state constitution.
(1) The claim for relief is based upon a constitutional right not recognized as existing at the time of trial if either the federal or state constitution requires retroactive application of that right; or
(2) The failure to present the ground was the result of state action in violation of the federal or state constitution.
(h) A ground for relief is previously determined if a court of competent jurisdiction has ruled on the merits after a full and fair hearing. A full and fair hearing has occurred where the petitioner is afforded the opportunity to call witnesses and otherwise present evidence, regardless of whether the petitioner actually introduced any evidence.
(i) If the petition is not dismissed pursuant to this rule, the court shall enter a preliminary order as provided in § 40-30-107 .
Acts 1995, ch. 207, § 1; 1996, ch. 995, §§ 5-7; T.C.A. § 40-30-206 .
Tenn. Code Ann. § 40-6-103 — TN Code / Title 40 / Chapter 6 / Section 40-6-103
Probable cause and affidavit
Status: in_force

A search warrant can only be issued on probable cause, supported by affidavit, naming or describing the person, and particularly describing the property, and the place to be searched. Code 1858, § 5319; Shan., § 7297; Code 1932, § 11899; T.C.A. (orig. ed.), § 40-503.
A search warrant can only be issued on probable cause, supported by affidavit, naming or describing the person, and particularly describing the property, and the place to be searched.
Code 1858, § 5319; Shan., § 7297; Code 1932, § 11899; T.C.A. (orig. ed.), § 40-503.
Tenn. Code Ann. § 40-39-304 — TN Code / Title 40 / Chapter 39 / Section 40-39-304
Offense of intentional tampering with, removal of, or vandalism to device - Aiding, abetting or assisting
Status: in_force

(a) Intentional tampering with, removal of, or vandalism to a device issued pursuant to a location tracking and crime correlation based monitoring and supervision program described in § 40-39-302 by a person duly enrolled in the program is a Class A misdemeanor for the first offense, punishable by confinement in the county jail for not less than one hundred eighty (180) days. The minimum one hundred eighty-day sentence provided for this Class A misdemeanor offense is mandatory, and no person committing the offense shall be eligible for suspension of sentence, diversion, or probation until the minimum sentence is served in its entirety. A second or subsequent violation under this section is a Class E felony. Additionally, if the person violating this section is on probation, parole or any other alternative to incarceration, then the violation shall also constitute sufficient grounds for immediate revocation of probation, parole or other alternative to incarceration. Any violation of this section shall result in the imposition of the mandatory release condition specified in § 40-39-303(a) and (b) . (b) Any person who knowingly aids, abets, or assists a person duly enrolled in a location tracking and crime correlation based monitoring and supervision program described in § 40-39-302 in tampering with, removing or vandalizing a device issued pursuant to the program commits a Class A misdemeanor. Acts 2004, ch. 899, § 5.
(a) Intentional tampering with, removal of, or vandalism to a device issued pursuant to a location tracking and crime correlation based monitoring and supervision program described in § 40-39-302 by a person duly enrolled in the program is a Class A misdemeanor for the first offense, punishable by confinement in the county jail for not less than one hundred eighty (180) days. The minimum one hundred eighty-day sentence provided for this Class A misdemeanor offense is mandatory, and no person committing the offense shall be eligible for suspension of sentence, diversion, or probation until the minimum sentence is served in its entirety. A second or subsequent violation under this section is a Class E felony. Additionally, if the person violating this section is on probation, parole or any other alternative to incarceration, then the violation shall also constitute sufficient grounds for immediate revocation of probation, parole or other alternative to incarceration. Any violation of this section shall result in the imposition of the mandatory release condition specified in § 40-39-303(a) and (b) .
(b) Any person who knowingly aids, abets, or assists a person duly enrolled in a location tracking and crime correlation based monitoring and supervision program described in § 40-39-302 in tampering with, removing or vandalizing a device issued pursuant to the program commits a Class A misdemeanor.
Acts 2004, ch. 899, § 5.
Tenn. Code Ann. § 40-35-120 — TN Code / Title 40 / Chapter 35 / Section 40-35-120
Repeat violent offenders - Three strikes
Status: in_force

(a) A "repeat violent offender" is a defendant who: (1) Is convicted in this state on or after July 1, 1994, of any offense classified in subdivision (b)(1) as a violent offense; and (2) Has at least two (2) prior convictions for offenses classified in subdivision (b)(1) or (b)(2) as a violent offense; or (3) Is convicted in this state on or after July 1, 1994, of any offense classified in subdivision (c)(1) as a violent offense; and (4) Has at least one (1) conviction for an offense classified in subdivision (c)(1) or (c)(2) as a violent offense; or (5) Is convicted in this state on or after July 1, 1995, of any offense classified in subdivision (d)(1) as a violent offense; and (6) Has at least one (1) prior conviction for an offense classified in subdivision (d)(1) or (d)(2) as a violent offense with the exception of the prior offense of robbery by use of a deadly weapon as listed in § 40-35-118(a) . (b) (1) For purposes of subdivisions (a)(1) and (a)(2), the following offenses are classified as violent offenses: (A) First degree murder, including any attempt, solicitation or facilitation to commit first degree murder; (B) Second degree murder and any attempt or facilitation to commit second degree murder; (C) Especially aggravated kidnapping and any attempt or facilitation to commit especially aggravated kidnapping; (D) Especially aggravated robbery and any attempt or facilitation to commit especially aggravated robbery; (E) Aggravated rape and any attempt or facilitation to commit aggravated rape; (F) Rape of a child and any attempt or facilitation to commit rape of a child; (G) Aggravated arson and any attempt or facilitation to commit aggravated arson; (H) Aggravated kidnapping; (I) Aggravated robbery; (J) Rape; (K) Aggravated sexual battery; (L) Especially aggravated burglary; (M) Aggravated child abuse; (N) Aggravated sexual exploitation of minor; and (O) Especially aggravated sexual exploitation of a minor. (2) For purposes of subdivision (a)(2), the offenses that were repealed on November 1, 1989, and are listed in § 40-35-118(a) as Class A or B felonies against a person are classified as violent offenses. (c) (1) For purposes of subdivisions (a)(3) and (a)(4), the following offenses are classified as violent offenses: (A) First degree murder including any attempt, solicitation or facilitation to commit first degree murder; (B) Second degree murder; (C) Especially aggravated kidnapping; (D) Especially aggravated robbery; (E) Aggravated rape; (F) Rape of a child; and (G) Aggravated arson. (2) For purposes of subdivision (a)(4), the offenses that were repealed on November 1, 1989, and are listed in § 40-35-118(a) as Class A felonies against a person are classified as violent offenses. (d) (1) For purposes of subdivisions (a)(5) and (a)(6), the following offenses are classified as violent offenses: (A) First degree murder; (B) Second degree murder; (C) Especially aggravated kidnapping; (D) Especially aggravated robbery; (E) Aggravated rape; (F) Rape of a child; (G) Aggravated arson; (H) Aggravated kidnapping; (I) Rape; (J) Aggravated sexual battery; (K) Especially aggravated burglary; (L) Aggravated child abuse; (M) Aggravated sexual exploitation of a minor; and (N) Especially aggravated sexual exploitation of a minor. (2) For purposes of subdivision (a)(6), the offenses that were repealed on November 1, 1989, and are listed in § 40-35-118(a) as Class A or B felonies against a person, with the exception of the offense of robbery by use of a deadly weapon, are classified as violent offenses. (e) In determining the number of prior convictions a defendant has received: (1) "Prior conviction" means a defendant serves and is released from a period of incarceration for the commission of an offense or offenses so that a defendant must: (A) To qualify under subdivision (a)(1) and (a)(2), have served two (2) separate periods of incarceration for the commission of at least two (2) of the predicate offenses designated in subdivision (b)(1) or (b)(2) before committing an offense designated in subdivision (b)(1); (B) To qualify under subdivision (a)(3) and (a)(4), at least one (1) separate period of incarceration for the commission of a predicate offense designated in subdivision (c)(1) or (c)(2) before committing an offense designated in subdivision (c)(1); or (C) To qualify under subdivision (a)(5) and (a)(6), at least one (1) separate period of incarceration for the commission of a predicate offense designated in subdivision (d)(1) or (d)(2), with the exception of the prior offense of robbery by use of a deadly weapon as listed in § 40-35-118(a) , before committing an offense designated in subdivision (d)(1); (2) "Separate period of incarceration" includes a sentence to a community correction program pursuant to chapter 36 of this title, a sentence to split confinement pursuant to § 40-35-306 or a sentence to a periodic confinement pursuant to § 40-35-307 . Any offense designated as a violent offense pursuant to subsection (b), (c) or (d) that is committed while incarcerated or committed while the prisoner is assigned to a program whereby the prisoner enjoys the privilege of supervised release into the community, including, but not limited to, work release, educational release, restitution release, medical furlough or that is committed while on escape status from any correctional institution shall be considered as a separate period of incarceration; (3) A finding or adjudication that a defendant committed an act as a juvenile that is designated a predicate offense under subsection (b), (c) or (d) if committed by an adult, and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions, shall not be considered a prior conviction for the purposes of this section unless the juvenile was convicted of the predicate offense in a criminal court and sentenced to confinement in the department of correction; and (4) "Prior convictions" include convictions under the laws of any other state, government or country that, if committed in this state, would have constituted a predicate offense in subsection (b), (c) or (d) if there are separate periods of incarceration in the other state as required by subdivision (e)(1). If a felony from a jurisdiction other than Tennessee is not a named predicate offense specified in subsection (b), (c) or (d) in this state and if the elements of the felony are the same as a designated predicate offense, it shall be considered a prior conviction; provided, that there are separate periods of incarceration in the other state as required in subdivision (e)(1). (f) The court shall refuse to accept a plea agreement that fails to recommend that a defendant with a sufficient number of designated prior convictions be sentenced as a repeat violent offender. If the judge refuses to accept the plea agreement, this does not prevent the district attorney general, in accordance with Rule 7 of the Tennessee Rules of Criminal Procedure, from amending the indicted offense to an offense that is not designated as a violent offense in subsection (b) or (c). (g) The court shall sentence a defendant who has been convicted of any offense listed in subdivision (b)(1), (c)(1) or (d)(1) to imprisonment for life without possibility of parole if the court finds beyond a reasonable doubt that the defendant is a repeat violent offender as defined in subsection (a). (h) The finding that a defendant is or is not a repeat violent offender is appealable by either party. (i) (1) (A) A charge as a repeat violent offender shall be tried within one hundred eighty (180) days of the arraignment on the indictment pursuant to Rule 10 of the Tennessee Rules of Criminal Procedure unless delay is caused by: (i) The defendant; (ii) An examination for competency; (iii) A competency hearing; (iv) An adjudication of incompetency for trial; (v) A continuance allowed after a court's determination of the defendant's physical incapacity for a trial; or (vi) An interlocutory appeal. (B) A continuance may be granted to any party, including the court, for good cause shown. (2) The district attorney general shall file a statement with the court and the defense counsel within forty-five (45) days of the arraignment pursuant to Rule 10 of the Rules of Criminal Procedure that the defendant is a repeat violent offender. The statement, which shall not be made known to the jury determining the guilt or innocence of the defendant, shall set forth the dates of the prior periods of incarceration, as well as the nature of the prior conviction offenses. If the notice is not filed within forty-five (45) days of the arraignment, the defendant shall be granted a continuance so that the defendant will have forty-five (45) days between receipt of notice and trial. (3) Failure to comply with this subsection (i) does not require release of a person from custody or a dismissal of charges. Acts 1994, ch. 994, § 1; 1995, ch. 499, §§ 1-9.
(a) A "repeat violent offender" is a defendant who: (1) Is convicted in this state on or after July 1, 1994, of any offense classified in subdivision (b)(1) as a violent offense; and (2) Has at least two (2) prior convictions for offenses classified in subdivision (b)(1) or (b)(2) as a violent offense; or (3) Is convicted in this state on or after July 1, 1994, of any offense classified in subdivision (c)(1) as a violent offense; and (4) Has at least one (1) conviction for an offense classified in subdivision (c)(1) or (c)(2) as a violent offense; or (5) Is convicted in this state on or after July 1, 1995, of any offense classified in subdivision (d)(1) as a violent offense; and (6) Has at least one (1) prior conviction for an offense classified in subdivision (d)(1) or (d)(2) as a violent offense with the exception of the prior offense of robbery by use of a deadly weapon as listed in § 40-35-118(a) .
(1) Is convicted in this state on or after July 1, 1994, of any offense classified in subdivision (b)(1) as a violent offense; and
(2) Has at least two (2) prior convictions for offenses classified in subdivision (b)(1) or (b)(2) as a violent offense; or
(3) Is convicted in this state on or after July 1, 1994, of any offense classified in subdivision (c)(1) as a violent offense; and
(4) Has at least one (1) conviction for an offense classified in subdivision (c)(1) or (c)(2) as a violent offense; or
(5) Is convicted in this state on or after July 1, 1995, of any offense classified in subdivision (d)(1) as a violent offense; and
(6) Has at least one (1) prior conviction for an offense classified in subdivision (d)(1) or (d)(2) as a violent offense with the exception of the prior offense of robbery by use of a deadly weapon as listed in § 40-35-118(a) .
(b) (1) For purposes of subdivisions (a)(1) and (a)(2), the following offenses are classified as violent offenses: (A) First degree murder, including any attempt, solicitation or facilitation to commit first degree murder; (B) Second degree murder and any attempt or facilitation to commit second degree murder; (C) Especially aggravated kidnapping and any attempt or facilitation to commit especially aggravated kidnapping; (D) Especially aggravated robbery and any attempt or facilitation to commit especially aggravated robbery; (E) Aggravated rape and any attempt or facilitation to commit aggravated rape; (F) Rape of a child and any attempt or facilitation to commit rape of a child; (G) Aggravated arson and any attempt or facilitation to commit aggravated arson; (H) Aggravated kidnapping; (I) Aggravated robbery; (J) Rape; (K) Aggravated sexual battery; (L) Especially aggravated burglary; (M) Aggravated child abuse; (N) Aggravated sexual exploitation of minor; and (O) Especially aggravated sexual exploitation of a minor. (2) For purposes of subdivision (a)(2), the offenses that were repealed on November 1, 1989, and are listed in § 40-35-118(a) as Class A or B felonies against a person are classified as violent offenses.
(1) For purposes of subdivisions (a)(1) and (a)(2), the following offenses are classified as violent offenses: (A) First degree murder, including any attempt, solicitation or facilitation to commit first degree murder; (B) Second degree murder and any attempt or facilitation to commit second degree murder; (C) Especially aggravated kidnapping and any attempt or facilitation to commit especially aggravated kidnapping; (D) Especially aggravated robbery and any attempt or facilitation to commit especially aggravated robbery; (E) Aggravated rape and any attempt or facilitation to commit aggravated rape; (F) Rape of a child and any attempt or facilitation to commit rape of a child; (G) Aggravated arson and any attempt or facilitation to commit aggravated arson; (H) Aggravated kidnapping; (I) Aggravated robbery; (J) Rape; (K) Aggravated sexual battery; (L) Especially aggravated burglary; (M) Aggravated child abuse; (N) Aggravated sexual exploitation of minor; and (O) Especially aggravated sexual exploitation of a minor.
(A) First degree murder, including any attempt, solicitation or facilitation to commit first degree murder;
(B) Second degree murder and any attempt or facilitation to commit second degree murder;
(C) Especially aggravated kidnapping and any attempt or facilitation to commit especially aggravated kidnapping;
(D) Especially aggravated robbery and any attempt or facilitation to commit especially aggravated robbery;
(E) Aggravated rape and any attempt or facilitation to commit aggravated rape;
(F) Rape of a child and any attempt or facilitation to commit rape of a child;
(G) Aggravated arson and any attempt or facilitation to commit aggravated arson;
(H) Aggravated kidnapping;
(I) Aggravated robbery;
(J) Rape;
(K) Aggravated sexual battery;
(L) Especially aggravated burglary;
(M) Aggravated child abuse;
(N) Aggravated sexual exploitation of minor; and
(O) Especially aggravated sexual exploitation of a minor.
(2) For purposes of subdivision (a)(2), the offenses that were repealed on November 1, 1989, and are listed in § 40-35-118(a) as Class A or B felonies against a person are classified as violent offenses.
(c) (1) For purposes of subdivisions (a)(3) and (a)(4), the following offenses are classified as violent offenses: (A) First degree murder including any attempt, solicitation or facilitation to commit first degree murder; (B) Second degree murder; (C) Especially aggravated kidnapping; (D) Especially aggravated robbery; (E) Aggravated rape; (F) Rape of a child; and (G) Aggravated arson. (2) For purposes of subdivision (a)(4), the offenses that were repealed on November 1, 1989, and are listed in § 40-35-118(a) as Class A felonies against a person are classified as violent offenses.
(1) For purposes of subdivisions (a)(3) and (a)(4), the following offenses are classified as violent offenses: (A) First degree murder including any attempt, solicitation or facilitation to commit first degree murder; (B) Second degree murder; (C) Especially aggravated kidnapping; (D) Especially aggravated robbery; (E) Aggravated rape; (F) Rape of a child; and (G) Aggravated arson.
(A) First degree murder including any attempt, solicitation or facilitation to commit first degree murder;
(B) Second degree murder;
(C) Especially aggravated kidnapping;
(D) Especially aggravated robbery;
(E) Aggravated rape;
(F) Rape of a child; and
(G) Aggravated arson.
(2) For purposes of subdivision (a)(4), the offenses that were repealed on November 1, 1989, and are listed in § 40-35-118(a) as Class A felonies against a person are classified as violent offenses.
(d) (1) For purposes of subdivisions (a)(5) and (a)(6), the following offenses are classified as violent offenses: (A) First degree murder; (B) Second degree murder; (C) Especially aggravated kidnapping; (D) Especially aggravated robbery; (E) Aggravated rape; (F) Rape of a child; (G) Aggravated arson; (H) Aggravated kidnapping; (I) Rape; (J) Aggravated sexual battery; (K) Especially aggravated burglary; (L) Aggravated child abuse; (M) Aggravated sexual exploitation of a minor; and (N) Especially aggravated sexual exploitation of a minor. (2) For purposes of subdivision (a)(6), the offenses that were repealed on November 1, 1989, and are listed in § 40-35-118(a) as Class A or B felonies against a person, with the exception of the offense of robbery by use of a deadly weapon, are classified as violent offenses.
(1) For purposes of subdivisions (a)(5) and (a)(6), the following offenses are classified as violent offenses: (A) First degree murder; (B) Second degree murder; (C) Especially aggravated kidnapping; (D) Especially aggravated robbery; (E) Aggravated rape; (F) Rape of a child; (G) Aggravated arson; (H) Aggravated kidnapping; (I) Rape; (J) Aggravated sexual battery; (K) Especially aggravated burglary; (L) Aggravated child abuse; (M) Aggravated sexual exploitation of a minor; and (N) Especially aggravated sexual exploitation of a minor.
(A) First degree murder;
(B) Second degree murder;
(C) Especially aggravated kidnapping;
(D) Especially aggravated robbery;
(E) Aggravated rape;
(F) Rape of a child;
(G) Aggravated arson;
(H) Aggravated kidnapping;
(I) Rape;
(J) Aggravated sexual battery;
(K) Especially aggravated burglary;
(L) Aggravated child abuse;
(M) Aggravated sexual exploitation of a minor; and
(N) Especially aggravated sexual exploitation of a minor.
(2) For purposes of subdivision (a)(6), the offenses that were repealed on November 1, 1989, and are listed in § 40-35-118(a) as Class A or B felonies against a person, with the exception of the offense of robbery by use of a deadly weapon, are classified as violent offenses.
(e) In determining the number of prior convictions a defendant has received: (1) "Prior conviction" means a defendant serves and is released from a period of incarceration for the commission of an offense or offenses so that a defendant must: (A) To qualify under subdivision (a)(1) and (a)(2), have served two (2) separate periods of incarceration for the commission of at least two (2) of the predicate offenses designated in subdivision (b)(1) or (b)(2) before committing an offense designated in subdivision (b)(1); (B) To qualify under subdivision (a)(3) and (a)(4), at least one (1) separate period of incarceration for the commission of a predicate offense designated in subdivision (c)(1) or (c)(2) before committing an offense designated in subdivision (c)(1); or (C) To qualify under subdivision (a)(5) and (a)(6), at least one (1) separate period of incarceration for the commission of a predicate offense designated in subdivision (d)(1) or (d)(2), with the exception of the prior offense of robbery by use of a deadly weapon as listed in § 40-35-118(a) , before committing an offense designated in subdivision (d)(1); (2) "Separate period of incarceration" includes a sentence to a community correction program pursuant to chapter 36 of this title, a sentence to split confinement pursuant to § 40-35-306 or a sentence to a periodic confinement pursuant to § 40-35-307 . Any offense designated as a violent offense pursuant to subsection (b), (c) or (d) that is committed while incarcerated or committed while the prisoner is assigned to a program whereby the prisoner enjoys the privilege of supervised release into the community, including, but not limited to, work release, educational release, restitution release, medical furlough or that is committed while on escape status from any correctional institution shall be considered as a separate period of incarceration; (3) A finding or adjudication that a defendant committed an act as a juvenile that is designated a predicate offense under subsection (b), (c) or (d) if committed by an adult, and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions, shall not be considered a prior conviction for the purposes of this section unless the juvenile was convicted of the predicate offense in a criminal court and sentenced to confinement in the department of correction; and (4) "Prior convictions" include convictions under the laws of any other state, government or country that, if committed in this state, would have constituted a predicate offense in subsection (b), (c) or (d) if there are separate periods of incarceration in the other state as required by subdivision (e)(1). If a felony from a jurisdiction other than Tennessee is not a named predicate offense specified in subsection (b), (c) or (d) in this state and if the elements of the felony are the same as a designated predicate offense, it shall be considered a prior conviction; provided, that there are separate periods of incarceration in the other state as required in subdivision (e)(1).
(1) "Prior conviction" means a defendant serves and is released from a period of incarceration for the commission of an offense or offenses so that a defendant must: (A) To qualify under subdivision (a)(1) and (a)(2), have served two (2) separate periods of incarceration for the commission of at least two (2) of the predicate offenses designated in subdivision (b)(1) or (b)(2) before committing an offense designated in subdivision (b)(1); (B) To qualify under subdivision (a)(3) and (a)(4), at least one (1) separate period of incarceration for the commission of a predicate offense designated in subdivision (c)(1) or (c)(2) before committing an offense designated in subdivision (c)(1); or (C) To qualify under subdivision (a)(5) and (a)(6), at least one (1) separate period of incarceration for the commission of a predicate offense designated in subdivision (d)(1) or (d)(2), with the exception of the prior offense of robbery by use of a deadly weapon as listed in § 40-35-118(a) , before committing an offense designated in subdivision (d)(1);
(A) To qualify under subdivision (a)(1) and (a)(2), have served two (2) separate periods of incarceration for the commission of at least two (2) of the predicate offenses designated in subdivision (b)(1) or (b)(2) before committing an offense designated in subdivision (b)(1);
(B) To qualify under subdivision (a)(3) and (a)(4), at least one (1) separate period of incarceration for the commission of a predicate offense designated in subdivision (c)(1) or (c)(2) before committing an offense designated in subdivision (c)(1); or
(C) To qualify under subdivision (a)(5) and (a)(6), at least one (1) separate period of incarceration for the commission of a predicate offense designated in subdivision (d)(1) or (d)(2), with the exception of the prior offense of robbery by use of a deadly weapon as listed in § 40-35-118(a) , before committing an offense designated in subdivision (d)(1);
(2) "Separate period of incarceration" includes a sentence to a community correction program pursuant to chapter 36 of this title, a sentence to split confinement pursuant to § 40-35-306 or a sentence to a periodic confinement pursuant to § 40-35-307 . Any offense designated as a violent offense pursuant to subsection (b), (c) or (d) that is committed while incarcerated or committed while the prisoner is assigned to a program whereby the prisoner enjoys the privilege of supervised release into the community, including, but not limited to, work release, educational release, restitution release, medical furlough or that is committed while on escape status from any correctional institution shall be considered as a separate period of incarceration;
(3) A finding or adjudication that a defendant committed an act as a juvenile that is designated a predicate offense under subsection (b), (c) or (d) if committed by an adult, and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions, shall not be considered a prior conviction for the purposes of this section unless the juvenile was convicted of the predicate offense in a criminal court and sentenced to confinement in the department of correction; and
(4) "Prior convictions" include convictions under the laws of any other state, government or country that, if committed in this state, would have constituted a predicate offense in subsection (b), (c) or (d) if there are separate periods of incarceration in the other state as required by subdivision (e)(1). If a felony from a jurisdiction other than Tennessee is not a named predicate offense specified in subsection (b), (c) or (d) in this state and if the elements of the felony are the same as a designated predicate offense, it shall be considered a prior conviction; provided, that there are separate periods of incarceration in the other state as required in subdivision (e)(1).
(f) The court shall refuse to accept a plea agreement that fails to recommend that a defendant with a sufficient number of designated prior convictions be sentenced as a repeat violent offender. If the judge refuses to accept the plea agreement, this does not prevent the district attorney general, in accordance with Rule 7 of the Tennessee Rules of Criminal Procedure, from amending the indicted offense to an offense that is not designated as a violent offense in subsection (b) or (c).
(g) The court shall sentence a defendant who has been convicted of any offense listed in subdivision (b)(1), (c)(1) or (d)(1) to imprisonment for life without possibility of parole if the court finds beyond a reasonable doubt that the defendant is a repeat violent offender as defined in subsection (a).
(h) The finding that a defendant is or is not a repeat violent offender is appealable by either party.
(i) (1) (A) A charge as a repeat violent offender shall be tried within one hundred eighty (180) days of the arraignment on the indictment pursuant to Rule 10 of the Tennessee Rules of Criminal Procedure unless delay is caused by: (i) The defendant; (ii) An examination for competency; (iii) A competency hearing; (iv) An adjudication of incompetency for trial; (v) A continuance allowed after a court's determination of the defendant's physical incapacity for a trial; or (vi) An interlocutory appeal. (B) A continuance may be granted to any party, including the court, for good cause shown. (2) The district attorney general shall file a statement with the court and the defense counsel within forty-five (45) days of the arraignment pursuant to Rule 10 of the Rules of Criminal Procedure that the defendant is a repeat violent offender. The statement, which shall not be made known to the jury determining the guilt or innocence of the defendant, shall set forth the dates of the prior periods of incarceration, as well as the nature of the prior conviction offenses. If the notice is not filed within forty-five (45) days of the arraignment, the defendant shall be granted a continuance so that the defendant will have forty-five (45) days between receipt of notice and trial. (3) Failure to comply with this subsection (i) does not require release of a person from custody or a dismissal of charges.
(1) (A) A charge as a repeat violent offender shall be tried within one hundred eighty (180) days of the arraignment on the indictment pursuant to Rule 10 of the Tennessee Rules of Criminal Procedure unless delay is caused by: (i) The defendant; (ii) An examination for competency; (iii) A competency hearing; (iv) An adjudication of incompetency for trial; (v) A continuance allowed after a court's determination of the defendant's physical incapacity for a trial; or (vi) An interlocutory appeal. (B) A continuance may be granted to any party, including the court, for good cause shown.
(A) A charge as a repeat violent offender shall be tried within one hundred eighty (180) days of the arraignment on the indictment pursuant to Rule 10 of the Tennessee Rules of Criminal Procedure unless delay is caused by: (i) The defendant; (ii) An examination for competency; (iii) A competency hearing; (iv) An adjudication of incompetency for trial; (v) A continuance allowed after a court's determination of the defendant's physical incapacity for a trial; or (vi) An interlocutory appeal.
(i) The defendant;
(ii) An examination for competency;
(iii) A competency hearing;
(iv) An adjudication of incompetency for trial;
(v) A continuance allowed after a court's determination of the defendant's physical incapacity for a trial; or
(vi) An interlocutory appeal.
(B) A continuance may be granted to any party, including the court, for good cause shown.
(2) The district attorney general shall file a statement with the court and the defense counsel within forty-five (45) days of the arraignment pursuant to Rule 10 of the Rules of Criminal Procedure that the defendant is a repeat violent offender. The statement, which shall not be made known to the jury determining the guilt or innocence of the defendant, shall set forth the dates of the prior periods of incarceration, as well as the nature of the prior conviction offenses. If the notice is not filed within forty-five (45) days of the arraignment, the defendant shall be granted a continuance so that the defendant will have forty-five (45) days between receipt of notice and trial.
(3) Failure to comply with this subsection (i) does not require release of a person from custody or a dismissal of charges.
Acts 1994, ch. 994, § 1; 1995, ch. 499, §§ 1-9.
Tenn. Code Ann. § 40-25-139 — TN Code / Title 40 / Chapter 25 / Section 40-25-139
Payments to correct errors on bills of costs
Status: in_force

The state shall pay and refund to any county of the state any moneys that have been irregularly or otherwise paid, or that shall be irregularly or otherwise paid in connection with criminal prosecutions, by any county of the state, which should have been paid by the state, if the same had been adjudged, authenticated and presented for payment as provided by law, or any moneys that have been, or shall be paid, by any county to the state, to which the state is not entitled, or shall not be entitled in connection with criminal prosecution. If bills or claims for the moneys have been filed in the office of the commissioner of finance and administration, or shall be filed in the office of the commissioner of finance and administration, sworn to by the county mayor of the county, the comptroller of the treasury shall immediately have the claim or claims audited, and when the audit has been completed, the commissioner will draw a warrant or warrants on the state treasurer, in favor of the county, for so much and the parts of the claim or claims as shall be found correct by the auditors auditing the same, which warrants shall be payable out of the miscellaneous funds of the state treasury. No claim for moneys paid by the county on behalf of the state may be allowed where the claim is filed with the comptroller of the treasury more than six (6) years after the date of the payment by the county. Acts 1935, ch. 74, § 1; impl. am. Acts 1937, ch. 33, §§ 24, 29; Acts 1941, ch. 112, §1; C. Supp. 1950, § 12249.1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §40-3346; Acts 2003 , ch. 90, § 2.
The state shall pay and refund to any county of the state any moneys that have been irregularly or otherwise paid, or that shall be irregularly or otherwise paid in connection with criminal prosecutions, by any county of the state, which should have been paid by the state, if the same had been adjudged, authenticated and presented for payment as provided by law, or any moneys that have been, or shall be paid, by any county to the state, to which the state is not entitled, or shall not be entitled in connection with criminal prosecution. If bills or claims for the moneys have been filed in the office of the commissioner of finance and administration, or shall be filed in the office of the commissioner of finance and administration, sworn to by the county mayor of the county, the comptroller of the treasury shall immediately have the claim or claims audited, and when the audit has been completed, the commissioner will draw a warrant or warrants on the state treasurer, in favor of the county, for so much and the parts of the claim or claims as shall be found correct by the auditors auditing the same, which warrants shall be payable out of the miscellaneous funds of the state treasury. No claim for moneys paid by the county on behalf of the state may be allowed where the claim is filed with the comptroller of the treasury more than six (6) years after the date of the payment by the county.
Acts 1935, ch. 74, § 1; impl. am. Acts 1937, ch. 33, §§ 24, 29; Acts 1941, ch. 112, §1; C. Supp. 1950, § 12249.1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §40-3346; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 40-20-108 — TN Code / Title 40 / Chapter 20 / Section 40-20-108
Sentence for definite period construed as indeterminate
Status: in_force

(a) If, through mistake or otherwise, any person is sentenced for a definite period of time for any offense, the sentence shall not be void, but the person shall be deemed to be sentenced nevertheless as provided by the terms of §§ 40-20-107 - 40-20-110, and shall be entitled to all the benefits and subject to the liabilities under §§ 40-20-107 - 40-20-110 in the same manner and to the same extent as if sentence had been pronounced in the terms and manner required thereby. (b) This section shall have no application in the case of persons convicted of second degree murder, rape of a female over the age of twelve (12) years, carnal knowledge and abuse of a female under the age of twelve (12) years, assault and battery upon a female under the age of twelve (12) years with the intent to unlawfully carnally know her, robbery by the use of a deadly weapon, or kidnapping for ransom. Persons convicted of the offenses of this subsection (b) shall be given a determinate, and not an indeterminate sentence. Acts 1913, ch. 8, § 2; Shan., § 7202a5; Code 1932, § 11770; Acts 1974, ch. 768, § 2; T.C.A. (orig. ed.), § 40-2708.
(a) If, through mistake or otherwise, any person is sentenced for a definite period of time for any offense, the sentence shall not be void, but the person shall be deemed to be sentenced nevertheless as provided by the terms of §§ 40-20-107 - 40-20-110, and shall be entitled to all the benefits and subject to the liabilities under §§ 40-20-107 - 40-20-110 in the same manner and to the same extent as if sentence had been pronounced in the terms and manner required thereby.
(b) This section shall have no application in the case of persons convicted of second degree murder, rape of a female over the age of twelve (12) years, carnal knowledge and abuse of a female under the age of twelve (12) years, assault and battery upon a female under the age of twelve (12) years with the intent to unlawfully carnally know her, robbery by the use of a deadly weapon, or kidnapping for ransom. Persons convicted of the offenses of this subsection (b) shall be given a determinate, and not an indeterminate sentence.
Acts 1913, ch. 8, § 2; Shan., § 7202a5; Code 1932, § 11770; Acts 1974, ch. 768, § 2; T.C.A. (orig. ed.), § 40-2708.
Tenn. Code Ann. § 40-12-101 — TN Code / Title 40 / Chapter 12 / Section 40-12-101
Impaneling bystanders
Status: in_force

Whenever a sufficient number of the jurors of the original panel fail to attend before the grand jury is formed, the court may impanel the grand jury of so many of the original panel as may attend, and the rest of bystanders. If none of the original panel attend or no jurors have been appointed, the grand jury may consist entirely of bystanders. Code 1858, §§ 4016, 4017 (deriv. Acts 1817, ch. 130 (131 in Scott's Revisal), § 2); Shan., §§ 5828, 5829; Code 1932, §§ 10022, 10023; T.C.A. (orig. ed.), § 40-1502.
Whenever a sufficient number of the jurors of the original panel fail to attend before the grand jury is formed, the court may impanel the grand jury of so many of the original panel as may attend, and the rest of bystanders. If none of the original panel attend or no jurors have been appointed, the grand jury may consist entirely of bystanders.
Code 1858, §§ 4016, 4017 (deriv. Acts 1817, ch. 130 (131 in Scott's Revisal), § 2); Shan., §§ 5828, 5829; Code 1932, §§ 10022, 10023; T.C.A. (orig. ed.), § 40-1502.
Tenn. Code Ann. § 40-30-203 — TN Code / Title 40 / Chapter 30 / Section 40-30-203
Establishment - Composition
Status: in_force

(a) On July 1, 2011, there is created a post-conviction defender oversight commission. The members of the commission appointed under this section shall have a commitment to the constitutional rights of all individuals. In making these appointments, the appointing authorities shall strive to ensure that the membership of the commission appropriately reflects the racial and geographic diversity of the state. Members of the commission are not required to be attorneys, but any member who is an attorney may not be a current district attorney general or assistant district attorney general, a current public defender or assistant public defender, or a sitting judge. The commission is composed of the following nine (9) members: (1) Three (3) members appointed by the governor; (2) Three (3) members appointed by the speaker of the senate; and (3) Three (3) members appointed by the speaker of the house of representatives. (b) The term of office of each member of the commission is four (4) years. A vacancy occurring among the members of the commission before the expiration of a term shall be filled in the same manner as the original appointments. An appointment to fill a vacancy occurring before the expiration of a term is for the remainder of the unexpired term. (c) To stagger the terms of the commission members, the initial term shall be as follows: (1) The initial term of the members appointed by the governor shall be two (2) years; (2) The initial term of the members appointed by the speaker of the senate shall be three (3) years; and (3) The initial term of the members appointed by the speaker of the house of representatives shall be four (4) years. Acts 1995, ch. 510, § 1; T.C.A. § 40-30-303 ; Acts 2011 , ch. 414, § 6.
(a) On July 1, 2011, there is created a post-conviction defender oversight commission. The members of the commission appointed under this section shall have a commitment to the constitutional rights of all individuals. In making these appointments, the appointing authorities shall strive to ensure that the membership of the commission appropriately reflects the racial and geographic diversity of the state. Members of the commission are not required to be attorneys, but any member who is an attorney may not be a current district attorney general or assistant district attorney general, a current public defender or assistant public defender, or a sitting judge. The commission is composed of the following nine (9) members: (1) Three (3) members appointed by the governor; (2) Three (3) members appointed by the speaker of the senate; and (3) Three (3) members appointed by the speaker of the house of representatives.
(1) Three (3) members appointed by the governor;
(2) Three (3) members appointed by the speaker of the senate; and
(3) Three (3) members appointed by the speaker of the house of representatives.
(b) The term of office of each member of the commission is four (4) years. A vacancy occurring among the members of the commission before the expiration of a term shall be filled in the same manner as the original appointments. An appointment to fill a vacancy occurring before the expiration of a term is for the remainder of the unexpired term.
(c) To stagger the terms of the commission members, the initial term shall be as follows: (1) The initial term of the members appointed by the governor shall be two (2) years; (2) The initial term of the members appointed by the speaker of the senate shall be three (3) years; and (3) The initial term of the members appointed by the speaker of the house of representatives shall be four (4) years.
(1) The initial term of the members appointed by the governor shall be two (2) years;
(2) The initial term of the members appointed by the speaker of the senate shall be three (3) years; and
(3) The initial term of the members appointed by the speaker of the house of representatives shall be four (4) years.
Acts 1995, ch. 510, § 1; T.C.A. § 40-30-303 ; Acts 2011 , ch. 414, § 6.
Tenn. Code Ann. § 40-24-103 — TN Code / Title 40 / Chapter 24 / Section 40-24-103
Confession of judgment
Status: in_force

In cases where a fine is assessed, the court shall allow the defendant to confess judgment for the fine and costs, with good sureties. Code 1858, §5239; Shan., § 7214; Code 1932, § 11800; T.C.A. (orig. ed.), §§ 40-3202, 40-3203.
In cases where a fine is assessed, the court shall allow the defendant to confess judgment for the fine and costs, with good sureties.
Code 1858, §5239; Shan., § 7214; Code 1932, § 11800; T.C.A. (orig. ed.), §§ 40-3202, 40-3203.
Tenn. Code Ann. § 40-27-110 — TN Code / Title 40 / Chapter 27 / Section 40-27-110
Victims of Crime Executive Clemency Notification Act
Status: in_force

(a) This section shall be known and may be cited as the "Victims of Crime Executive Clemency Notification Act." (b) Prior to any reprieve, commutation, pardon, exoneration, or any other form of executive clemency being made public, the governor shall notify or cause to be notified the attorney general and reporter and the district attorney general of the judicial district in which the conviction occurred of the impending clemency action. (c) (1) Prior to notice of the clemency action being made public, the district attorney general, through the victim-witness coordinator, shall notify the victim or victims of the offense for which the person is receiving clemency, or the victim's representative, of the impending grant of clemency. (2) If notice is required by this section, the district attorney general, through the victim-witness coordinator, shall contact the victim or victim's representative by telephone, electronic mail, facsimile or by other means intended to ensure that the victim receives immediate notification; provided, that the victim or victim's representative has provided the district attorney general's office with contact information necessary to accomplish such immediate notification. Acts 2011, ch. 439, § 1.
(a) This section shall be known and may be cited as the "Victims of Crime Executive Clemency Notification Act."
(b) Prior to any reprieve, commutation, pardon, exoneration, or any other form of executive clemency being made public, the governor shall notify or cause to be notified the attorney general and reporter and the district attorney general of the judicial district in which the conviction occurred of the impending clemency action.
(c) (1) Prior to notice of the clemency action being made public, the district attorney general, through the victim-witness coordinator, shall notify the victim or victims of the offense for which the person is receiving clemency, or the victim's representative, of the impending grant of clemency. (2) If notice is required by this section, the district attorney general, through the victim-witness coordinator, shall contact the victim or victim's representative by telephone, electronic mail, facsimile or by other means intended to ensure that the victim receives immediate notification; provided, that the victim or victim's representative has provided the district attorney general's office with contact information necessary to accomplish such immediate notification.
(1) Prior to notice of the clemency action being made public, the district attorney general, through the victim-witness coordinator, shall notify the victim or victims of the offense for which the person is receiving clemency, or the victim's representative, of the impending grant of clemency.
(2) If notice is required by this section, the district attorney general, through the victim-witness coordinator, shall contact the victim or victim's representative by telephone, electronic mail, facsimile or by other means intended to ensure that the victim receives immediate notification; provided, that the victim or victim's representative has provided the district attorney general's office with contact information necessary to accomplish such immediate notification.
Acts 2011, ch. 439, § 1.
Tenn. Code Ann. § 40-9-126 — TN Code / Title 40 / Chapter 9 / Section 40-9-126
Expenses paid by state
Status: in_force

(a) (1) The demanding agent appointed by the governor under § 40-9-121 to return any fugitive from justice under this chapter to this state for trial in the proper county in which the offense is alleged to have been committed or to other proper official or prison, as the case may be, is authorized to employ a guard or escort sufficient to so return the fugitive from justice to this state and contract the other expenses as are absolutely required in performing the duties of the agent. (2) In no event shall more than one (1) person be named or designated as demanding agent in any extradition proceeding and only one (1) person shall be paid expenses in returning any fugitive to this state. (3) An alternate agent may be named and designated, who shall be authorized to go and return the fugitive only when the original demanding agent named or designated is unable to make the trip and return the fugitive. (4) No guard or escort shall be authorized, and no expenses for a guard or escort shall be paid, unless a request for a guard or escort is set forth and certified to by the district attorney general in the written application for the issuance of requisition papers as now authorized under §§ 40-9-123 - 40-9-125. (b) (1) Except as provided in § 40-9-127 , all of the costs and expenses incurred in the return of any fugitive from justice to this state under this chapter shall be paid out of the treasury of the state of Tennessee on the certificate of the governor by the warrant of the commissioner of finance and administration. (2) The costs and expenses incurred, subsequent to the issuance of the warrant or requisition by the governor of Tennessee when the demanding agent is unable to return the fugitive from justice to this state under this chapter, after making a bona fide effort to do so, shall be paid in the manner provided for in subdivision (b)(1). (c) (1) The mileage reimbursement for the demanding agent who returns the fugitive shall be the same as the reimbursement received by a state employee using a personal vehicle for the convenience of the state, in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter and all other actual and necessary expenses. (2) "All other actual and necessary expenses" means and includes the actual expenses for meals and lodging for the demanding agent, alternate agent, guard, escort and the fugitive, plus any other actual expense that the demanding agent might be required to pay in the responding state as a prerequisite to the release of custody of the fugitive to the demanding agent. It also means and includes other items and the costs of those items as now allowed or which may be allowed regular employees of the state of Tennessee under current or subsequent state travel regulations. (3) The mileage travel allowance shall include all miles traveled both inside or outside this state. No separate travel allowance shall be allowed any guard, escort or fugitive unless the travel is made by public transportation and in that event the actual cost of the public transportation will be reimbursed to the agent, guard or escort. (4) No mileage travel allowance will be paid unless the personal automobile of the agent is actually used in travel. (5) Any municipality or other governmental agency in this state which may own, lease or contract for the use of an airplane for the purpose of air travel facilities, and the airplane facilities are used in going after and returning any fugitive from another state, shall be reimbursed the cost of the plane fare for the demanding agent, alternate agent, guard and fugitive in the amount as may be charged by any regular commercial airline, plus other expenses as may be necessary for meals, lodging and the actual expenses incurred in going to and from the airport. (d) (1) The demanding agent shall make out an itemized statement of the agent's actual and necessary expenses as to the number of miles traveled, including the compensation to be paid any guard and swear to those expenses. (2) The itemized statement in subdivision (d)(1) shall be submitted to the governor of this state as a condition precedent to the certificate by the governor directing the payment of the account. (3) Payment to the guard shall be by separate warrant based on the certificate of the governor. Code 1858, §§ 5341, 5342 (deriv. Acts 1847-1848, ch. 121); Acts 1901, ch. 96, §§ 1, 2; 1905, ch. 447, § 1; Shan., §§7319-7320 a1, a2; Code 1932, §§ 11921-11924; Acts 1939, ch. 70, §1; mod. C. Supp. 1950, § 11924.3; Acts 1951, ch. 34, § 1; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, §3; Acts 1961, ch. 119, §§ 1, 2; 1963, ch. 121, § 1; 1971, ch. 244, § 1; T.C.A. (orig. ed.), §§ 40-1028--40-1031; Acts 1991, ch. 107, § 1.
(a) (1) The demanding agent appointed by the governor under § 40-9-121 to return any fugitive from justice under this chapter to this state for trial in the proper county in which the offense is alleged to have been committed or to other proper official or prison, as the case may be, is authorized to employ a guard or escort sufficient to so return the fugitive from justice to this state and contract the other expenses as are absolutely required in performing the duties of the agent. (2) In no event shall more than one (1) person be named or designated as demanding agent in any extradition proceeding and only one (1) person shall be paid expenses in returning any fugitive to this state. (3) An alternate agent may be named and designated, who shall be authorized to go and return the fugitive only when the original demanding agent named or designated is unable to make the trip and return the fugitive. (4) No guard or escort shall be authorized, and no expenses for a guard or escort shall be paid, unless a request for a guard or escort is set forth and certified to by the district attorney general in the written application for the issuance of requisition papers as now authorized under §§ 40-9-123 - 40-9-125.
(1) The demanding agent appointed by the governor under § 40-9-121 to return any fugitive from justice under this chapter to this state for trial in the proper county in which the offense is alleged to have been committed or to other proper official or prison, as the case may be, is authorized to employ a guard or escort sufficient to so return the fugitive from justice to this state and contract the other expenses as are absolutely required in performing the duties of the agent.
(2) In no event shall more than one (1) person be named or designated as demanding agent in any extradition proceeding and only one (1) person shall be paid expenses in returning any fugitive to this state.
(3) An alternate agent may be named and designated, who shall be authorized to go and return the fugitive only when the original demanding agent named or designated is unable to make the trip and return the fugitive.
(4) No guard or escort shall be authorized, and no expenses for a guard or escort shall be paid, unless a request for a guard or escort is set forth and certified to by the district attorney general in the written application for the issuance of requisition papers as now authorized under §§ 40-9-123 - 40-9-125.
(b) (1) Except as provided in § 40-9-127 , all of the costs and expenses incurred in the return of any fugitive from justice to this state under this chapter shall be paid out of the treasury of the state of Tennessee on the certificate of the governor by the warrant of the commissioner of finance and administration. (2) The costs and expenses incurred, subsequent to the issuance of the warrant or requisition by the governor of Tennessee when the demanding agent is unable to return the fugitive from justice to this state under this chapter, after making a bona fide effort to do so, shall be paid in the manner provided for in subdivision (b)(1).
(1) Except as provided in § 40-9-127 , all of the costs and expenses incurred in the return of any fugitive from justice to this state under this chapter shall be paid out of the treasury of the state of Tennessee on the certificate of the governor by the warrant of the commissioner of finance and administration.
(2) The costs and expenses incurred, subsequent to the issuance of the warrant or requisition by the governor of Tennessee when the demanding agent is unable to return the fugitive from justice to this state under this chapter, after making a bona fide effort to do so, shall be paid in the manner provided for in subdivision (b)(1).
(c) (1) The mileage reimbursement for the demanding agent who returns the fugitive shall be the same as the reimbursement received by a state employee using a personal vehicle for the convenience of the state, in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter and all other actual and necessary expenses. (2) "All other actual and necessary expenses" means and includes the actual expenses for meals and lodging for the demanding agent, alternate agent, guard, escort and the fugitive, plus any other actual expense that the demanding agent might be required to pay in the responding state as a prerequisite to the release of custody of the fugitive to the demanding agent. It also means and includes other items and the costs of those items as now allowed or which may be allowed regular employees of the state of Tennessee under current or subsequent state travel regulations. (3) The mileage travel allowance shall include all miles traveled both inside or outside this state. No separate travel allowance shall be allowed any guard, escort or fugitive unless the travel is made by public transportation and in that event the actual cost of the public transportation will be reimbursed to the agent, guard or escort. (4) No mileage travel allowance will be paid unless the personal automobile of the agent is actually used in travel. (5) Any municipality or other governmental agency in this state which may own, lease or contract for the use of an airplane for the purpose of air travel facilities, and the airplane facilities are used in going after and returning any fugitive from another state, shall be reimbursed the cost of the plane fare for the demanding agent, alternate agent, guard and fugitive in the amount as may be charged by any regular commercial airline, plus other expenses as may be necessary for meals, lodging and the actual expenses incurred in going to and from the airport.
(1) The mileage reimbursement for the demanding agent who returns the fugitive shall be the same as the reimbursement received by a state employee using a personal vehicle for the convenience of the state, in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter and all other actual and necessary expenses.
(2) "All other actual and necessary expenses" means and includes the actual expenses for meals and lodging for the demanding agent, alternate agent, guard, escort and the fugitive, plus any other actual expense that the demanding agent might be required to pay in the responding state as a prerequisite to the release of custody of the fugitive to the demanding agent. It also means and includes other items and the costs of those items as now allowed or which may be allowed regular employees of the state of Tennessee under current or subsequent state travel regulations.
(3) The mileage travel allowance shall include all miles traveled both inside or outside this state. No separate travel allowance shall be allowed any guard, escort or fugitive unless the travel is made by public transportation and in that event the actual cost of the public transportation will be reimbursed to the agent, guard or escort.
(4) No mileage travel allowance will be paid unless the personal automobile of the agent is actually used in travel.
(5) Any municipality or other governmental agency in this state which may own, lease or contract for the use of an airplane for the purpose of air travel facilities, and the airplane facilities are used in going after and returning any fugitive from another state, shall be reimbursed the cost of the plane fare for the demanding agent, alternate agent, guard and fugitive in the amount as may be charged by any regular commercial airline, plus other expenses as may be necessary for meals, lodging and the actual expenses incurred in going to and from the airport.
(d) (1) The demanding agent shall make out an itemized statement of the agent's actual and necessary expenses as to the number of miles traveled, including the compensation to be paid any guard and swear to those expenses. (2) The itemized statement in subdivision (d)(1) shall be submitted to the governor of this state as a condition precedent to the certificate by the governor directing the payment of the account. (3) Payment to the guard shall be by separate warrant based on the certificate of the governor.
(1) The demanding agent shall make out an itemized statement of the agent's actual and necessary expenses as to the number of miles traveled, including the compensation to be paid any guard and swear to those expenses.
(2) The itemized statement in subdivision (d)(1) shall be submitted to the governor of this state as a condition precedent to the certificate by the governor directing the payment of the account.
(3) Payment to the guard shall be by separate warrant based on the certificate of the governor.
Code 1858, §§ 5341, 5342 (deriv. Acts 1847-1848, ch. 121); Acts 1901, ch. 96, §§ 1, 2; 1905, ch. 447, § 1; Shan., §§7319-7320 a1, a2; Code 1932, §§ 11921-11924; Acts 1939, ch. 70, §1; mod. C. Supp. 1950, § 11924.3; Acts 1951, ch. 34, § 1; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, §3; Acts 1961, ch. 119, §§ 1, 2; 1963, ch. 121, § 1; 1971, ch. 244, § 1; T.C.A. (orig. ed.), §§ 40-1028--40-1031; Acts 1991, ch. 107, § 1.
Tenn. Code Ann. § 40-30-117 — TN Code / Title 40 / Chapter 30 / Section 40-30-117
Motions to reopen
Status: in_force

(a) A petitioner may file a motion in the trial court to reopen the first post-conviction petition only if the following applies: (1) The claim in the motion 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 motion 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; or (2) The claim in the motion 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 motion 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 motion must be filed within one (1) year of the finality of the ruling holding the previous conviction to be invalid; and (4) It appears that the facts underlying the claim, if true, would establish by clear and convincing evidence that the petitioner is entitled to have the conviction set aside or the sentence reduced. (b) The motion must set out the factual basis underlying its claims and must be supported by affidavit. The factual information set out in the affidavit shall be limited to information which, if offered at an evidentiary hearing, would be admissible through the testimony of the affiant under the rules of evidence. The motion shall be denied unless the factual allegations, if true, meet the requirements of subsection (a). If the court grants the motion, the procedure, relief and appellate provisions of this part shall apply. (c) If the motion is denied, the petitioner shall have thirty (30) days to file an application in the court of criminal appeals seeking permission to appeal. The application shall be accompanied by copies of all the documents filed by both parties in the trial court and the order denying the motion. The state shall have thirty (30) days to respond. The court of criminal appeals shall not grant the application unless it appears that the trial court abused its discretion in denying the motion. If it determines that the trial court did so abuse its discretion, the court of criminal appeals shall remand the matter to the trial court for further proceedings. Acts 1995, ch. 207, § 1; 1996, ch. 995, §§ 8, 9; T.C.A. § 40-30-217; Acts 2011, ch. 290, § 1.
(a) A petitioner may file a motion in the trial court to reopen the first post-conviction petition only if the following applies: (1) The claim in the motion 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 motion 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; or (2) The claim in the motion 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 motion 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 motion must be filed within one (1) year of the finality of the ruling holding the previous conviction to be invalid; and (4) It appears that the facts underlying the claim, if true, would establish by clear and convincing evidence that the petitioner is entitled to have the conviction set aside or the sentence reduced.
(1) The claim in the motion 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 motion 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; or
(2) The claim in the motion 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 motion 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 motion must be filed within one (1) year of the finality of the ruling holding the previous conviction to be invalid; and
(4) It appears that the facts underlying the claim, if true, would establish by clear and convincing evidence that the petitioner is entitled to have the conviction set aside or the sentence reduced.
(b) The motion must set out the factual basis underlying its claims and must be supported by affidavit. The factual information set out in the affidavit shall be limited to information which, if offered at an evidentiary hearing, would be admissible through the testimony of the affiant under the rules of evidence. The motion shall be denied unless the factual allegations, if true, meet the requirements of subsection (a). If the court grants the motion, the procedure, relief and appellate provisions of this part shall apply.
(c) If the motion is denied, the petitioner shall have thirty (30) days to file an application in the court of criminal appeals seeking permission to appeal. The application shall be accompanied by copies of all the documents filed by both parties in the trial court and the order denying the motion. The state shall have thirty (30) days to respond. The court of criminal appeals shall not grant the application unless it appears that the trial court abused its discretion in denying the motion. If it determines that the trial court did so abuse its discretion, the court of criminal appeals shall remand the matter to the trial court for further proceedings.
Acts 1995, ch. 207, § 1; 1996, ch. 995, §§ 8, 9; T.C.A. § 40-30-217; Acts 2011, ch. 290, § 1.
Tenn. Code Ann. § 40-7-121 — TN Code / Title 40 / Chapter 7 / Section 40-7-121
Body cavity searches - Warrant requirement - Waiver - Liability
Status: in_force

(a) As used in this section, unless the context otherwise requires, "body cavity search" means an inspection, probing or examination of the inside of a person's anus, vagina or genitals for the purpose of determining whether the person is concealing evidence of a criminal offense, a weapon, a controlled substance, a controlled substance analogue or other contraband. (b) No person shall be subjected to a body cavity search by a law enforcement officer or by another person acting under the direction, supervision or authority of a law enforcement officer unless the search is conducted pursuant to a search warrant issued in accordance with Rule 41 of the Tennessee Rules of Criminal Procedure. (c) The issue of whether a person subjected to a body cavity search consented to the search is irrelevant and shall not be considered in determining whether the search was a valid one under this section, unless the consent is in writing on a preprinted form and contains the following language: Waiver of Warrant Requirement and Consent to Search Body Cavities I knowingly and voluntarily consent to have my body cavities searched immediately by law enforcement personnel in the manner provided by the laws of Tennessee. By signing this consent form, I knowingly and voluntarily waive my right to require that a warrant be obtained from an appropriate judge or magistrate before my body cavities are searched. I understand that a body cavity search may involve both visual and physical probing into my genitals and anus. I understand that I would not be prejudiced or penalized by declining to give my consent to be searched in this manner. (d) Nothing in this section shall be construed as amending or altering the relevant statutory and common law with regard to strip searches that do not meet the definition of a "body cavity search." (e) This section shall not apply to a body cavity search conducted pursuant to a written jail or prison security procedures policy if the policy requires such a search at the time it was conducted. (f) A law enforcement officer who conducts or causes to be conducted a body cavity search in violation of this section, and the governmental entity employing that officer, shall be subject to a civil cause of action as now provided by law. (g) Body cavity searches conducted pursuant to this section must be performed by a licensed physician or a licensed nurse. (h) No physician, registered nurse, or licensed practical nurse, acting at the written request of a law enforcement officer with a search warrant, written waiver or consent to perform a body cavity search, shall incur any civil or criminal liability as a result of the search or examination, except for any damages or criminal liability that may result from the negligence, gross negligence, willful misconduct or unlawful conduct of the person conducting the examination or search. Neither the hospital nor other employer of health care professionals, acting at the written request of a law enforcement officer with a search warrant, written waiver or consent to perform a body cavity search, shall incur any civil or criminal liability, except for negligence, gross negligence, willful misconduct or unlawful conduct, as a result of the act of examination or search. Acts 1993, ch. 490, § 1; 2002, ch. 569, § 1; 2012 , ch. 848, § 29.
(a) As used in this section, unless the context otherwise requires, "body cavity search" means an inspection, probing or examination of the inside of a person's anus, vagina or genitals for the purpose of determining whether the person is concealing evidence of a criminal offense, a weapon, a controlled substance, a controlled substance analogue or other contraband.
(b) No person shall be subjected to a body cavity search by a law enforcement officer or by another person acting under the direction, supervision or authority of a law enforcement officer unless the search is conducted pursuant to a search warrant issued in accordance with Rule 41 of the Tennessee Rules of Criminal Procedure.
(c) The issue of whether a person subjected to a body cavity search consented to the search is irrelevant and shall not be considered in determining whether the search was a valid one under this section, unless the consent is in writing on a preprinted form and contains the following language: Waiver of Warrant Requirement and Consent to Search Body Cavities I knowingly and voluntarily consent to have my body cavities searched immediately by law enforcement personnel in the manner provided by the laws of Tennessee. By signing this consent form, I knowingly and voluntarily waive my right to require that a warrant be obtained from an appropriate judge or magistrate before my body cavities are searched. I understand that a body cavity search may involve both visual and physical probing into my genitals and anus. I understand that I would not be prejudiced or penalized by declining to give my consent to be searched in this manner.
Waiver of Warrant Requirement and Consent to Search Body Cavities
I knowingly and voluntarily consent to have my body cavities searched immediately by law enforcement personnel in the manner provided by the laws of Tennessee. By signing this consent form, I knowingly and voluntarily waive my right to require that a warrant be obtained from an appropriate judge or magistrate before my body cavities are searched.
I understand that a body cavity search may involve both visual and physical probing into my genitals and anus.
I understand that I would not be prejudiced or penalized by declining to give my consent to be searched in this manner.
(d) Nothing in this section shall be construed as amending or altering the relevant statutory and common law with regard to strip searches that do not meet the definition of a "body cavity search."
(e) This section shall not apply to a body cavity search conducted pursuant to a written jail or prison security procedures policy if the policy requires such a search at the time it was conducted.
(f) A law enforcement officer who conducts or causes to be conducted a body cavity search in violation of this section, and the governmental entity employing that officer, shall be subject to a civil cause of action as now provided by law.
(g) Body cavity searches conducted pursuant to this section must be performed by a licensed physician or a licensed nurse.
(h) No physician, registered nurse, or licensed practical nurse, acting at the written request of a law enforcement officer with a search warrant, written waiver or consent to perform a body cavity search, shall incur any civil or criminal liability as a result of the search or examination, except for any damages or criminal liability that may result from the negligence, gross negligence, willful misconduct or unlawful conduct of the person conducting the examination or search. Neither the hospital nor other employer of health care professionals, acting at the written request of a law enforcement officer with a search warrant, written waiver or consent to perform a body cavity search, shall incur any civil or criminal liability, except for negligence, gross negligence, willful misconduct or unlawful conduct, as a result of the act of examination or search.
Acts 1993, ch. 490, § 1; 2002, ch. 569, § 1; 2012 , ch. 848, § 29.
Tenn. Code Ann. § 40-28-105 — TN Code / Title 40 / Chapter 28 / Section 40-28-105
Permanent office of board - Meetings - Compensation - Removal of members
Status: in_force

(a) The permanent office of the board shall be at Nashville. (b) The board shall prescribe the times and places of its meetings and shall schedule hearings at each correctional institution or facility at times as may be necessary to discharge its duties. All votes taken by the board shall be by public ballot or public roll call. No secret ballots or secret roll calls shall be permitted. (c) The salaries of the members of the board shall be established by the governor at not more than eighty-five percent (85%) and not less than sixty percent (60%) of those established for Class 2 state officials under § 8-23-101 ; provided, that a member's salary shall not be diminished during the term to which appointed. The salaries of the members of the board shall be equal except that of the chair, whose salary shall be set by the governor at a level commensurate with the increased duties and responsibilities. The salaries of employees of the board shall be set by the board. The requirements of § 40-28-103(a) regarding personnel procedures shall apply to all actions under this subsection (c). (d) (1) A majority of members of the board shall constitute a quorum for official administrative business. (2) The chair of the board may designate individual members of the board of parole and appoint hearing officers who shall be authorized to conduct hearings, take testimony and make proposed findings of fact and recommendations to the board regarding a grant, denial, revocation or rescission of parole. The findings and recommendations shall be reduced to writing and reviewed by board members who shall adopt, modify or reject the recommendations. (3) The grant of parole shall require the concurrence of three (3) board members except as set out in subdivision (d)(4). (4) The grant of parole involving the following offenses shall require the concurrence of four (4) board members: (A) First degree murder; (B) Aggravated arson; (C) Aggravated child abuse and neglect (child six (6) years of age or less); (D) Aggravated rape; (E) Aggravated vehicular homicide; (F) Attempted first degree murder; (G) Conspiracy to commit first degree murder; (H) Especially aggravated kidnapping; (I) Especially aggravated robbery; (J) Rape of a child; (K) Second degree murder; (L) Adulteration of foods, liquids, or pharmaceuticals (serious bodily injury or death); (M) Aggravated child abuse or neglect (child six (6) years of age or above); (N) Aggravated kidnapping; (O) Aggravated sexual battery; (P) Aggravated sexual exploitation of a minor (obscene); (Q) Especially aggravated burglary; (R) Especially aggravated sexual exploitation of a minor; (S) Rape; (T) Solicitation to commit first degree murder; (U) Vehicular homicide by intoxication; (V) Aggravated assault; (W) Spousal rape; (X) Vehicular homicide; (Y) Voluntary manslaughter; (Z) Vehicular assault; and (AA) Any other offense for which punishment is life imprisonment. (5) Subdivision (d)(4) shall also apply to persons convicted of offenses repealed November 1, 1989, which would have constituted a conviction for one (1) of the enumerated offenses in subdivision (d)(4) had it been committed after November 1, 1989. (6) The denial of parole shall require the concurrence of three (3) board members, except the denial of parole involving the offenses as set out in subdivision (d)(4), shall require the concurrence of four (4) board members. (7) The recision of a parole grant shall require the concurrence of two (2) board members. (8) The revocation of a parole grant shall require the concurrence of two (2) board members. (9) No board action shall be invalid because it is based upon the recommendation of a hearing officer. (10) The administrative continuance of a case will not require board approval. (11) Inmates whose parole has been revoked or rescinded, or who have been denied parole, or whose grant of parole has been rescinded, may request an appellate review by the board. The board shall establish a reasonable time limit for filing of the request. If the time limit is not met, the request for an appellate review will be denied. An appellate request will be screened by a board member or designee and a review will be conducted if there is new evidence or information that was not available at the time of the hearing, or if there are allegations of misconduct by the hearing official that are substantiated by the record or if there were significant procedural errors by a hearing official. The appellate review will be conducted from the record of the first hearing and the appearance of the inmate will not be necessary. If a board member decides that an appearance hearing is necessary, it will be scheduled before a board member or hearing officer who did not conduct the hearing that is the subject of the appeal. A summary of the appellate hearing will be prepared and the board will vote after a review of the summary and the record of the first hearing. The decision after an appellate review will require the concurrence of three (3) board members. The decision rendered after an appellate review will be final. (e) When appropriate, the members of the board and the board's employees shall be reimbursed for their reasonable and necessary travel expenses in accordance with the state comprehensive travel regulations. (f) The governor or the attorney general and reporter may seek the removal of a member of the board for knowing or willful misconduct in office or for knowing or willful neglect or failure to perform any duty enjoined upon a member of the board by any of the laws of this state or for the conviction of any crime which constitutes a felony under the laws of the state. This removal shall be accomplished through the removal procedure provided in title 8, chapter 47. Acts 1937, ch. 276, § 2; C. Supp. 1950, § 11818.2 (Williams, § 11843.2); Acts 1978, ch. 929, § 2; 1979, ch. 56, § 1; 1979, ch. 359, § 6; 1981, ch. 80, § 3; T.C.A. (orig. ed.), § 40-3602; Acts 1983, ch. 325, § 7; 1988, ch. 880, § 3; 1989, ch. 227, §§ 7, 8; 1989, ch. 506, § 3; 1997 , ch. 488, § 1; 1999, ch. 456, §§ 1, 2.
(a) The permanent office of the board shall be at Nashville.
(b) The board shall prescribe the times and places of its meetings and shall schedule hearings at each correctional institution or facility at times as may be necessary to discharge its duties. All votes taken by the board shall be by public ballot or public roll call. No secret ballots or secret roll calls shall be permitted.
(c) The salaries of the members of the board shall be established by the governor at not more than eighty-five percent (85%) and not less than sixty percent (60%) of those established for Class 2 state officials under § 8-23-101 ; provided, that a member's salary shall not be diminished during the term to which appointed. The salaries of the members of the board shall be equal except that of the chair, whose salary shall be set by the governor at a level commensurate with the increased duties and responsibilities. The salaries of employees of the board shall be set by the board. The requirements of § 40-28-103(a) regarding personnel procedures shall apply to all actions under this subsection (c).
(d) (1) A majority of members of the board shall constitute a quorum for official administrative business. (2) The chair of the board may designate individual members of the board of parole and appoint hearing officers who shall be authorized to conduct hearings, take testimony and make proposed findings of fact and recommendations to the board regarding a grant, denial, revocation or rescission of parole. The findings and recommendations shall be reduced to writing and reviewed by board members who shall adopt, modify or reject the recommendations. (3) The grant of parole shall require the concurrence of three (3) board members except as set out in subdivision (d)(4). (4) The grant of parole involving the following offenses shall require the concurrence of four (4) board members: (A) First degree murder; (B) Aggravated arson; (C) Aggravated child abuse and neglect (child six (6) years of age or less); (D) Aggravated rape; (E) Aggravated vehicular homicide; (F) Attempted first degree murder; (G) Conspiracy to commit first degree murder; (H) Especially aggravated kidnapping; (I) Especially aggravated robbery; (J) Rape of a child; (K) Second degree murder; (L) Adulteration of foods, liquids, or pharmaceuticals (serious bodily injury or death); (M) Aggravated child abuse or neglect (child six (6) years of age or above); (N) Aggravated kidnapping; (O) Aggravated sexual battery; (P) Aggravated sexual exploitation of a minor (obscene); (Q) Especially aggravated burglary; (R) Especially aggravated sexual exploitation of a minor; (S) Rape; (T) Solicitation to commit first degree murder; (U) Vehicular homicide by intoxication; (V) Aggravated assault; (W) Spousal rape; (X) Vehicular homicide; (Y) Voluntary manslaughter; (Z) Vehicular assault; and (AA) Any other offense for which punishment is life imprisonment. (5) Subdivision (d)(4) shall also apply to persons convicted of offenses repealed November 1, 1989, which would have constituted a conviction for one (1) of the enumerated offenses in subdivision (d)(4) had it been committed after November 1, 1989. (6) The denial of parole shall require the concurrence of three (3) board members, except the denial of parole involving the offenses as set out in subdivision (d)(4), shall require the concurrence of four (4) board members. (7) The recision of a parole grant shall require the concurrence of two (2) board members. (8) The revocation of a parole grant shall require the concurrence of two (2) board members. (9) No board action shall be invalid because it is based upon the recommendation of a hearing officer. (10) The administrative continuance of a case will not require board approval. (11) Inmates whose parole has been revoked or rescinded, or who have been denied parole, or whose grant of parole has been rescinded, may request an appellate review by the board. The board shall establish a reasonable time limit for filing of the request. If the time limit is not met, the request for an appellate review will be denied. An appellate request will be screened by a board member or designee and a review will be conducted if there is new evidence or information that was not available at the time of the hearing, or if there are allegations of misconduct by the hearing official that are substantiated by the record or if there were significant procedural errors by a hearing official. The appellate review will be conducted from the record of the first hearing and the appearance of the inmate will not be necessary. If a board member decides that an appearance hearing is necessary, it will be scheduled before a board member or hearing officer who did not conduct the hearing that is the subject of the appeal. A summary of the appellate hearing will be prepared and the board will vote after a review of the summary and the record of the first hearing. The decision after an appellate review will require the concurrence of three (3) board members. The decision rendered after an appellate review will be final.
(1) A majority of members of the board shall constitute a quorum for official administrative business.
(2) The chair of the board may designate individual members of the board of parole and appoint hearing officers who shall be authorized to conduct hearings, take testimony and make proposed findings of fact and recommendations to the board regarding a grant, denial, revocation or rescission of parole. The findings and recommendations shall be reduced to writing and reviewed by board members who shall adopt, modify or reject the recommendations.
(3) The grant of parole shall require the concurrence of three (3) board members except as set out in subdivision (d)(4).
(4) The grant of parole involving the following offenses shall require the concurrence of four (4) board members: (A) First degree murder; (B) Aggravated arson; (C) Aggravated child abuse and neglect (child six (6) years of age or less); (D) Aggravated rape; (E) Aggravated vehicular homicide; (F) Attempted first degree murder; (G) Conspiracy to commit first degree murder; (H) Especially aggravated kidnapping; (I) Especially aggravated robbery; (J) Rape of a child; (K) Second degree murder; (L) Adulteration of foods, liquids, or pharmaceuticals (serious bodily injury or death); (M) Aggravated child abuse or neglect (child six (6) years of age or above); (N) Aggravated kidnapping; (O) Aggravated sexual battery; (P) Aggravated sexual exploitation of a minor (obscene); (Q) Especially aggravated burglary; (R) Especially aggravated sexual exploitation of a minor; (S) Rape; (T) Solicitation to commit first degree murder; (U) Vehicular homicide by intoxication; (V) Aggravated assault; (W) Spousal rape; (X) Vehicular homicide; (Y) Voluntary manslaughter; (Z) Vehicular assault; and (AA) Any other offense for which punishment is life imprisonment.
(A) First degree murder;
(B) Aggravated arson;
(C) Aggravated child abuse and neglect (child six (6) years of age or less);
(D) Aggravated rape;
(E) Aggravated vehicular homicide;
(F) Attempted first degree murder;
(G) Conspiracy to commit first degree murder;
(H) Especially aggravated kidnapping;
(I) Especially aggravated robbery;
(J) Rape of a child;
(K) Second degree murder;
(L) Adulteration of foods, liquids, or pharmaceuticals (serious bodily injury or death);
(M) Aggravated child abuse or neglect (child six (6) years of age or above);
(N) Aggravated kidnapping;
(O) Aggravated sexual battery;
(P) Aggravated sexual exploitation of a minor (obscene);
(Q) Especially aggravated burglary;
(R) Especially aggravated sexual exploitation of a minor;
(S) Rape;
(T) Solicitation to commit first degree murder;
(U) Vehicular homicide by intoxication;
(V) Aggravated assault;
(W) Spousal rape;
(X) Vehicular homicide;
(Y) Voluntary manslaughter;
(Z) Vehicular assault; and
(AA) Any other offense for which punishment is life imprisonment.
(5) Subdivision (d)(4) shall also apply to persons convicted of offenses repealed November 1, 1989, which would have constituted a conviction for one (1) of the enumerated offenses in subdivision (d)(4) had it been committed after November 1, 1989.
(6) The denial of parole shall require the concurrence of three (3) board members, except the denial of parole involving the offenses as set out in subdivision (d)(4), shall require the concurrence of four (4) board members.
(7) The recision of a parole grant shall require the concurrence of two (2) board members.
(8) The revocation of a parole grant shall require the concurrence of two (2) board members.
(9) No board action shall be invalid because it is based upon the recommendation of a hearing officer.
(10) The administrative continuance of a case will not require board approval.
(11) Inmates whose parole has been revoked or rescinded, or who have been denied parole, or whose grant of parole has been rescinded, may request an appellate review by the board. The board shall establish a reasonable time limit for filing of the request. If the time limit is not met, the request for an appellate review will be denied. An appellate request will be screened by a board member or designee and a review will be conducted if there is new evidence or information that was not available at the time of the hearing, or if there are allegations of misconduct by the hearing official that are substantiated by the record or if there were significant procedural errors by a hearing official. The appellate review will be conducted from the record of the first hearing and the appearance of the inmate will not be necessary. If a board member decides that an appearance hearing is necessary, it will be scheduled before a board member or hearing officer who did not conduct the hearing that is the subject of the appeal. A summary of the appellate hearing will be prepared and the board will vote after a review of the summary and the record of the first hearing. The decision after an appellate review will require the concurrence of three (3) board members. The decision rendered after an appellate review will be final.
(e) When appropriate, the members of the board and the board's employees shall be reimbursed for their reasonable and necessary travel expenses in accordance with the state comprehensive travel regulations.
(f) The governor or the attorney general and reporter may seek the removal of a member of the board for knowing or willful misconduct in office or for knowing or willful neglect or failure to perform any duty enjoined upon a member of the board by any of the laws of this state or for the conviction of any crime which constitutes a felony under the laws of the state. This removal shall be accomplished through the removal procedure provided in title 8, chapter 47.
Acts 1937, ch. 276, § 2; C. Supp. 1950, § 11818.2 (Williams, § 11843.2); Acts 1978, ch. 929, § 2; 1979, ch. 56, § 1; 1979, ch. 359, § 6; 1981, ch. 80, § 3; T.C.A. (orig. ed.), § 40-3602; Acts 1983, ch. 325, § 7; 1988, ch. 880, § 3; 1989, ch. 227, §§ 7, 8; 1989, ch. 506, § 3; 1997 , ch. 488, § 1; 1999, ch. 456, §§ 1, 2.
Tenn. Code Ann. § 40-35-204 — TN Code / Title 40 / Chapter 35 / Section 40-35-204
Presentence service officers
Status: in_force

(a) The commissioner of correction shall appoint presentence service officers for each court having criminal jurisdiction. These officers may be the existing probation officers. Presentence service officers shall conduct investigations and make reports to sentencing courts relating to the imposition of sentences on defendants. (b) With permission of the court, and if the commissioner determines that it will not interfere with their other duties, the presentence service officers may: (1) Assist courts or other judicial officers in developing information relating to the setting of bail or other pretrial release or detention decisions; and (2) Develop information about defendants relating to the selection of a defendant for particular correctional programs. Acts 1989, ch. 591, § 6.
(a) The commissioner of correction shall appoint presentence service officers for each court having criminal jurisdiction. These officers may be the existing probation officers. Presentence service officers shall conduct investigations and make reports to sentencing courts relating to the imposition of sentences on defendants.
(b) With permission of the court, and if the commissioner determines that it will not interfere with their other duties, the presentence service officers may: (1) Assist courts or other judicial officers in developing information relating to the setting of bail or other pretrial release or detention decisions; and (2) Develop information about defendants relating to the selection of a defendant for particular correctional programs.
(1) Assist courts or other judicial officers in developing information relating to the setting of bail or other pretrial release or detention decisions; and
(2) Develop information about defendants relating to the selection of a defendant for particular correctional programs.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-20-104 — TN Code / Title 40 / Chapter 20 / Section 40-20-104
Term fixed by court - By jury
Status: in_force

(a) When the offense is punished by imprisonment in the county jail or workhouse, the term of imprisonment shall be fixed by the court, unless otherwise provided; provided, that when any person is indicted or presented in a court of record for the alleged commission of any misdemeanor, and pleads not guilty and is tried by a jury, upon demand of defendant timely made, the trial jury shall as a part of its verdict assess the punishment for the offense both as to fine and imprisonment within the limits now or later prescribed by law. (b) When a defendant has timely made a request for a jury trial, the judge shall charge the jury that as a part of its verdict in the case, if it finds the defendant guilty, it shall fix the punishment for the offense within the limits prescribed by law, which limits shall be stated in the charge, and the judge shall not comment on the fact that the defendant has made the request for a jury trial. Code 1858, § 5229 (deriv. Acts 1829, ch. 23, § 76); Shan., § 7202; mod. Code 1932, § 11765; Acts 1947, ch. 82, § 1; C. Supp. 1950, § 11765 (Williams, §§ 11760.1, 11765); Acts 1973, ch. 67, § 1; T.C.A. (orig. ed.), § 40-2704.
(a) When the offense is punished by imprisonment in the county jail or workhouse, the term of imprisonment shall be fixed by the court, unless otherwise provided; provided, that when any person is indicted or presented in a court of record for the alleged commission of any misdemeanor, and pleads not guilty and is tried by a jury, upon demand of defendant timely made, the trial jury shall as a part of its verdict assess the punishment for the offense both as to fine and imprisonment within the limits now or later prescribed by law.
(b) When a defendant has timely made a request for a jury trial, the judge shall charge the jury that as a part of its verdict in the case, if it finds the defendant guilty, it shall fix the punishment for the offense within the limits prescribed by law, which limits shall be stated in the charge, and the judge shall not comment on the fact that the defendant has made the request for a jury trial.
Code 1858, § 5229 (deriv. Acts 1829, ch. 23, § 76); Shan., § 7202; mod. Code 1932, § 11765; Acts 1947, ch. 82, § 1; C. Supp. 1950, § 11765 (Williams, §§ 11760.1, 11765); Acts 1973, ch. 67, § 1; T.C.A. (orig. ed.), § 40-2704.
Tenn. Code Ann. § 40-14-103 — TN Code / Title 40 / Chapter 14 / Section 40-14-103
Right to appointed counsel - Administrative fees
Status: in_force

(a) If unable to employ counsel, the defendant is entitled to have counsel appointed by the court. (b) (1) A defendant, who is provided with court-appointed counsel, including a defendant in a termination of parental rights case, shall be assessed by the court at the time of appointment a nonrefundable administrative fee in the amount of fifty dollars ($50.00). The administrative fee shall be assessed only one time per case and shall be waived or reduced by the court upon a finding that the defendant lacks financial resources sufficient to pay the fifty-dollar fee. The fee may be increased by the court to an amount not in excess of two hundred dollars ($200) upon a finding that the defendant possesses sufficient financial resources to pay the fee in the increased amount. The administrative fee shall be payable, at the court's discretion, in a lump sum or in installments; provided, however, that the fee shall be paid prior to disposition of the case or within two (2) weeks following appointment of counsel, whichever occurs first. Prior to disposition of the case, the clerk of the court shall inform the judge whether the administrative fee assessed by the court has been collected. Failure to pay the administrative fee assessed by the court shall not reduce or in any way affect the rendering of services by court-appointed counsel; provided, however, that the defendant's willful failure to pay the fee may be considered by the court as an enhancement factor when imposing sentence if the defendant is found guilty of criminal conduct, and may also be considered by the court as evidence of the defendant's financial responsibility, or lack thereof, in a determination of the best interest of the child. (2) The administrative fee shall be separate from and in addition to any other contribution or recoupment assessed pursuant to law for defrayal of costs associated with the provision of court-appointed counsel. The clerk of the court shall retain a commission of five percent (5%) of each dollar of administrative fees collected and shall transmit the remaining ninety-five percent (95%) of each dollar to the state treasurer for deposit in the state's general fund. (3) If the administrative fee is not paid prior to disposition of the case, then the fee shall be collected in the same manner as costs are collected; provided, however, that upon disposition of the case, moneys paid to the clerk, including any cash bond posted by the defendant, shall be allocated to taxes, costs and fines and then to the administrative fee and any recoupment ordered. The administrative fee and any recoupment or contribution ordered for the services of court-appointed counsel shall apply and shall be collected even if the charges against the defendant are dismissed. (4) As part of the clerk's regular monthly report, each clerk of court, who is responsible for collecting administrative fees pursuant to this section, shall file a report with the court and with the administrative director of the courts. The report shall indicate the following: (A) Number of defendants for whom the court appointed counsel; (B) Number of defendants for whom the court waived the administrative fee; (C) Number of defendants from whom the clerk collected administrative fees; (D) Total amount of commissions retained by the clerk from the administrative fees; and (E) Total amount of administrative fees forwarded by the clerk to the state treasurer. Code 1858, § 5206; Shan., § 7170; Code 1932, § 11734; T.C.A. (orig. ed.), § 40-2003; Acts 1997 , ch. 547, § 1; 2010 , ch. 1003, §§ 1, 2.
(a) If unable to employ counsel, the defendant is entitled to have counsel appointed by the court.
(b) (1) A defendant, who is provided with court-appointed counsel, including a defendant in a termination of parental rights case, shall be assessed by the court at the time of appointment a nonrefundable administrative fee in the amount of fifty dollars ($50.00). The administrative fee shall be assessed only one time per case and shall be waived or reduced by the court upon a finding that the defendant lacks financial resources sufficient to pay the fifty-dollar fee. The fee may be increased by the court to an amount not in excess of two hundred dollars ($200) upon a finding that the defendant possesses sufficient financial resources to pay the fee in the increased amount. The administrative fee shall be payable, at the court's discretion, in a lump sum or in installments; provided, however, that the fee shall be paid prior to disposition of the case or within two (2) weeks following appointment of counsel, whichever occurs first. Prior to disposition of the case, the clerk of the court shall inform the judge whether the administrative fee assessed by the court has been collected. Failure to pay the administrative fee assessed by the court shall not reduce or in any way affect the rendering of services by court-appointed counsel; provided, however, that the defendant's willful failure to pay the fee may be considered by the court as an enhancement factor when imposing sentence if the defendant is found guilty of criminal conduct, and may also be considered by the court as evidence of the defendant's financial responsibility, or lack thereof, in a determination of the best interest of the child. (2) The administrative fee shall be separate from and in addition to any other contribution or recoupment assessed pursuant to law for defrayal of costs associated with the provision of court-appointed counsel. The clerk of the court shall retain a commission of five percent (5%) of each dollar of administrative fees collected and shall transmit the remaining ninety-five percent (95%) of each dollar to the state treasurer for deposit in the state's general fund. (3) If the administrative fee is not paid prior to disposition of the case, then the fee shall be collected in the same manner as costs are collected; provided, however, that upon disposition of the case, moneys paid to the clerk, including any cash bond posted by the defendant, shall be allocated to taxes, costs and fines and then to the administrative fee and any recoupment ordered. The administrative fee and any recoupment or contribution ordered for the services of court-appointed counsel shall apply and shall be collected even if the charges against the defendant are dismissed. (4) As part of the clerk's regular monthly report, each clerk of court, who is responsible for collecting administrative fees pursuant to this section, shall file a report with the court and with the administrative director of the courts. The report shall indicate the following: (A) Number of defendants for whom the court appointed counsel; (B) Number of defendants for whom the court waived the administrative fee; (C) Number of defendants from whom the clerk collected administrative fees; (D) Total amount of commissions retained by the clerk from the administrative fees; and (E) Total amount of administrative fees forwarded by the clerk to the state treasurer.
(1) A defendant, who is provided with court-appointed counsel, including a defendant in a termination of parental rights case, shall be assessed by the court at the time of appointment a nonrefundable administrative fee in the amount of fifty dollars ($50.00). The administrative fee shall be assessed only one time per case and shall be waived or reduced by the court upon a finding that the defendant lacks financial resources sufficient to pay the fifty-dollar fee. The fee may be increased by the court to an amount not in excess of two hundred dollars ($200) upon a finding that the defendant possesses sufficient financial resources to pay the fee in the increased amount. The administrative fee shall be payable, at the court's discretion, in a lump sum or in installments; provided, however, that the fee shall be paid prior to disposition of the case or within two (2) weeks following appointment of counsel, whichever occurs first. Prior to disposition of the case, the clerk of the court shall inform the judge whether the administrative fee assessed by the court has been collected. Failure to pay the administrative fee assessed by the court shall not reduce or in any way affect the rendering of services by court-appointed counsel; provided, however, that the defendant's willful failure to pay the fee may be considered by the court as an enhancement factor when imposing sentence if the defendant is found guilty of criminal conduct, and may also be considered by the court as evidence of the defendant's financial responsibility, or lack thereof, in a determination of the best interest of the child.
(2) The administrative fee shall be separate from and in addition to any other contribution or recoupment assessed pursuant to law for defrayal of costs associated with the provision of court-appointed counsel. The clerk of the court shall retain a commission of five percent (5%) of each dollar of administrative fees collected and shall transmit the remaining ninety-five percent (95%) of each dollar to the state treasurer for deposit in the state's general fund.
(3) If the administrative fee is not paid prior to disposition of the case, then the fee shall be collected in the same manner as costs are collected; provided, however, that upon disposition of the case, moneys paid to the clerk, including any cash bond posted by the defendant, shall be allocated to taxes, costs and fines and then to the administrative fee and any recoupment ordered. The administrative fee and any recoupment or contribution ordered for the services of court-appointed counsel shall apply and shall be collected even if the charges against the defendant are dismissed.
(4) As part of the clerk's regular monthly report, each clerk of court, who is responsible for collecting administrative fees pursuant to this section, shall file a report with the court and with the administrative director of the courts. The report shall indicate the following: (A) Number of defendants for whom the court appointed counsel; (B) Number of defendants for whom the court waived the administrative fee; (C) Number of defendants from whom the clerk collected administrative fees; (D) Total amount of commissions retained by the clerk from the administrative fees; and (E) Total amount of administrative fees forwarded by the clerk to the state treasurer.
(A) Number of defendants for whom the court appointed counsel;
(B) Number of defendants for whom the court waived the administrative fee;
(C) Number of defendants from whom the clerk collected administrative fees;
(D) Total amount of commissions retained by the clerk from the administrative fees; and
(E) Total amount of administrative fees forwarded by the clerk to the state treasurer.
Code 1858, § 5206; Shan., § 7170; Code 1932, § 11734; T.C.A. (orig. ed.), § 40-2003; Acts 1997 , ch. 547, § 1; 2010 , ch. 1003, §§ 1, 2.
Tenn. Code Ann. § 40-14-313 — TN Code / Title 40 / Chapter 14 / Section 40-14-313
Rules - Application for fees and expenses
Status: in_force

The administrative director shall adopt rules to implement this part, which rules shall, among other things, prescribe the form and content of applications for the payment of all court reporter fees and other expenses charged to the state under this part. All applications shall be submitted to, audited and reviewed by the administrative director and shall be paid upon the administrative director's approval of the fees and expenses. Acts 1965, ch. 221, § 13; T.C.A., § 40-2041; Acts 1993, ch. 66, § 66.
The administrative director shall adopt rules to implement this part, which rules shall, among other things, prescribe the form and content of applications for the payment of all court reporter fees and other expenses charged to the state under this part. All applications shall be submitted to, audited and reviewed by the administrative director and shall be paid upon the administrative director's approval of the fees and expenses.
Acts 1965, ch. 221, § 13; T.C.A., § 40-2041; Acts 1993, ch. 66, § 66.
Tenn. Code Ann. § 40-18-104 — TN Code / Title 40 / Chapter 18 / Section 40-18-104
Drawing of jurors' names
Status: in_force

The names of the jurors are written on separate scrolls, placed in a box or other receptacle, and drawn out by a child under ten (10) years of age, by the judge, or some person agreed upon by the district attorney general and the defendant. Code 1858, §5213; Shan., § 7182; Code 1932, §11746; modified; T.C.A. (orig. ed.), § 40-2506.
The names of the jurors are written on separate scrolls, placed in a box or other receptacle, and drawn out by a child under ten (10) years of age, by the judge, or some person agreed upon by the district attorney general and the defendant.
Code 1858, §5213; Shan., § 7182; Code 1932, §11746; modified; T.C.A. (orig. ed.), § 40-2506.
Tenn. Code Ann. § 40-30-407 — TN Code / Title 40 / Chapter 30 / Section 40-30-407
Appointment of counsel for indigents
Status: in_force

The court may, at any time during proceedings instituted under this part, appoint counsel for an indigent petitioner. Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
The court may, at any time during proceedings instituted under this part, appoint counsel for an indigent petitioner.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 40-2-106 — TN Code / Title 40 / Chapter 2 / Section 40-2-106
Suspension on reversal
Status: in_force

When an indictment or presentment is quashed, or the proceedings on the indictment or presentment are set aside, or reversed on writ of error, the time during the pendency of the indictment or presentment so quashed, set aside or reversed shall not be reckoned within the time limited by this chapter, so as to bar any new indictment or presentment for the same offense. Code 1932, § 11487; T.C.A. (orig. ed.), § 40-208.
When an indictment or presentment is quashed, or the proceedings on the indictment or presentment are set aside, or reversed on writ of error, the time during the pendency of the indictment or presentment so quashed, set aside or reversed shall not be reckoned within the time limited by this chapter, so as to bar any new indictment or presentment for the same offense.
Code 1932, § 11487; T.C.A. (orig. ed.), § 40-208.
Tenn. Code Ann. § 40-14-105 — TN Code / Title 40 / Chapter 14 / Section 40-14-105
Time before trial - Noncapital offenses
Status: in_force

Every person accused of any crime or misdemeanor whatsoever shall be entitled to fourteen (14) full days, Sundays and legal holidays excluded, after arrest and the return of the indictment or presentment before being tried for the offense. Acts 1949, ch. 189, § 1; mod. C. Supp. 1950, § 11736.1 (Williams, § 11760.2); Acts 1976, ch. 482, § 1; T.C.A. (orig. ed.), § 40-2005.
Every person accused of any crime or misdemeanor whatsoever shall be entitled to fourteen (14) full days, Sundays and legal holidays excluded, after arrest and the return of the indictment or presentment before being tried for the offense.
Acts 1949, ch. 189, § 1; mod. C. Supp. 1950, § 11736.1 (Williams, § 11760.2); Acts 1976, ch. 482, § 1; T.C.A. (orig. ed.), § 40-2005.