Tenn. Code Ann. § 38-14-101 — TN Code / Title 38 / Chapter 14 / Section 38-14-101
Text of compact
Status: in_force

The national crime prevention and privacy compact is enacted into law and entered into by this state, with all states legally joining therein in the form substantially as follows: The contracting parties agree to the following: Overview (a) In general. This compact organizes an electronic information sharing system among the federal government and the states to exchange criminal history records for noncriminal justice purposes authorized by federal or state law, such as background checks for governmental licensing and employment. (b) Obligations of parties. Under this compact, the FBI and the party states agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the federal government and to party states for authorized purposes. The FBI shall also manage the federal data facilities that provide a significant part of the infrastructure for the system. Article I. Definitions In this compact: (1) Attorney general. The term "attorney general" means the attorney general of the United States; (2) Compact officer. The term "compact officer" means: (A) With respect to the federal government, an official so designated by the director of the FBI; and (B) With respect to a party state, the chief administrator of the state's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository; (3) Council. The term "council" means the compact council established under Article VI; (4) Criminal history record repository. The term "criminal history record repository" means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized recordkeeping functions for criminal history records and services in the state; (5) Criminal history records. The term "criminal history records": (A) Means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and (B) Does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system; (6) Criminal justice. The term "criminal justice" includes activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records; (7) Criminal justice agency. The term "criminal justice agency": (A) Means: (i) Courts; and (ii) A governmental agency or any subunit thereof that: (a) Performs the administration of criminal justice pursuant to a statute or executive order; and (b) Allocates a substantial part of its annual budget to the administration of criminal justice; and (B) Includes federal and state inspectors general offices; (8) Criminal justice services. The term "criminal justice services" means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes; (9) Criterion offense. The term "criterion offense" means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI; (10) Direct access. The term "direct access" means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency; (11) Executive order. The term "executive order" means an order of the president of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law; (12) FBI. The term "FBI" means the federal bureau of investigation; (13) Interstate identification system. The term "Interstate Identification Index System" or "III System": (A) Means the cooperative federal-state system for the exchange of criminal history records; and (B) Includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI; (14) National Fingerprint File. The term "National Fingerprint File" means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System; (15) National Identification Index. The term "National Identification Index" means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System; (16) National indices. The term "national indices" means the National Identification Index and the National Fingerprint File; (17) Noncriminal justice purposes. The term "noncriminal justice purposes" means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances; (18) Nonparty state. The term "nonparty state" means a state that has not ratified this compact; (19) Party state. The term "party state" means a state that has ratified this compact; (20) Positive identification. The term "positive identification" means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification; (21) Sealed record information. The term "sealed record information" means: (A) With respect to adults, that portion of a record that is: (i) Not available for criminal justice uses; (ii) Not supported by fingerprints or other accepted means of positive identification; or (iii) Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and (B) With respect to juveniles, whatever each state determines is a sealed record under its own law and procedure; and (22) State. The term "state" means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. Article II. Purposes The purposes of this compact are to: (1) Provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses; (2) Require the FBI to permit use of the National Identification Index and the National Fingerprint File by each party state, and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under Article VI; (3) Require party states to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the federal government for noncriminal justice purposes, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under Article VI; (4) Provide for the establishment of a council to monitor III System operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and (5) Require the FBI and each party state to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records. Article III. Responsibilities Of Compact Parties (a) FBI responsibilities. The director of the FBI shall: (1) Appoint an FBI compact officer who shall: (A) Administer this compact within the department of justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V(c); (B) Ensure that compact provisions and rules, procedures, and standards prescribed by the council under Article VI are complied with by the department of justice and the federal agencies and other agencies and organizations referred to in Article III(1)(A); and (C) Regulate the use of records received by means of the III System from party states when such records are supplied by the FBI directly to other federal agencies; (2) Provide to federal agencies and to state criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including: (A) Information from nonparty states; and (B) Information from party states that is available from the FBI through the III System, but is not available from the party state through the III System; (3) Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and (4) Modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V. (b) State responsibilities. Each party state shall: (1) Appoint a compact officer who shall: (A) Administer this compact within that state; (B) Ensure that compact provisions and rules, procedures, and standards established by the Council under Article VI are complied with in the state; and (C) Regulate the in-state use of records received by means of the III System from the FBI or from other party states; (2) Establish and maintain a criminal history record repository, which shall provide: (A) Information and records for the National Identification Index and the National Fingerprint File; and (B) The state's III System-indexed criminal history records for noncriminal justice purposes described in Article IV; (3) Participate in the National Fingerprint File; and (4) Provide and maintain telecommunications links and related equipment necessary to support the services set forth in this compact. (c) Compliance with III System standards. In carrying out their responsibilities under this compact, the FBI and each party state shall comply with III System rules, procedures, and standards duly established by the council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation. (d) Maintenance of record services. (1) Use of the III System for noncriminal justice purposes authorized in this compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes. (2) Administration of compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this compact. Article IV. Authorized Record Disclosures (a) State criminal history record repositories. To the extent authorized by § 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general and that authorizes national indices checks. (b) Criminal justice agencies and other governmental or nongovernmental agencies. The FBI, to the extent authorized by § 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"), and state criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general, that authorizes national indices checks. (c) Procedures. Any record obtained under this compact may be used only for the official purposes for which the record was requested. Each compact officer shall establish procedures, consistent with this compact, and with rules, procedures, and standards established by the council under Article VI, which procedures shall protect the accuracy and privacy of the records, and shall: (1) Ensure that records obtained under this compact are used only by authorized officials for authorized purposes; (2) Require that subsequent record checks are requested to obtain current information whenever a new need arises; and (3) Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate "no record" response is communicated to the requesting official. Article V. Record Request Procedures (a) Positive identification. Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes. (b) Submission of state requests. Each request for a criminal history record check utilizing the national indices made under any approved state statute shall be submitted through that state's criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another state criminal history record repository or the FBI. (c) Submission of federal requests. Each request for criminal history record checks utilizing the national indices made under federal authority shall be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which such request originated. Direct access to the National Identification Index by entities other than the FBI and state criminal history records repositories shall not be permitted for noncriminal justice purposes. (d) Fees. A state criminal history record repository or the FBI: (1) May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and (2) May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints. (e) Additional search. (1) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices. (2) If, with respect to a request forwarded by a state criminal history record repository under paragraph (1), the FBI positively identifies the subject as having a III System-indexed record or records: (A) The FBI shall so advise the state criminal history record repository; and (B) The state criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories. Article VI. Establishment Of Compact Council (a) Establishment. (1) In general. There is established a council to be known as the "compact council", which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes. (2) Organization. The council shall: (A) Continue in existence as long as this compact remains in effect; (B) Be located, for administrative purposes, within the FBI; and (C) Be organized and hold its first meeting as soon as practicable after the effective date of this compact. (b) Membership. The council shall be composed of fifteen (15) members, each of whom shall be appointed by the attorney general, as follows: (1) Nine (9) members, each of whom shall serve a two-year term, who shall be selected from among the compact officers of party states based on the recommendation of the compact officers of all party states, except that, in the absence of the requisite number of compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states shall be eligible to serve on an interim basis; (2) Two (2) at-large members, nominated by the director of the FBI, each of whom shall serve a three-year term, of whom: (A) One (1) shall be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and (B) One (1) shall be a representative of the noncriminal justice agencies of the federal government; (3) Two (2) at-large members, nominated by the chairman of the council, once the chairman is elected pursuant to Article VI(c), each of whom shall serve a three-year term, of whom: (A) One (1) shall be a representative of state or local criminal justice agencies; and (B) One (1) shall be a representative of state or local noncriminal justice agencies; (4) One (1) member, who shall serve a three-year term, and who shall simultaneously be a member of the FBI's advisory policy board on criminal justice information services, nominated by the membership of that policy board; (5) One (1) member, nominated by the director of the FBI, who shall serve a three-year term, and who shall be an employee of the FBI. (c) Chairman and vice chairman. (1) In general. From its membership, the council shall elect a chairman and a vice chairman of the council, respectively. Both the chairman and vice chairman of the council: (A) Shall be a compact officer, unless there is no compact officer on the council who is willing to serve, in which case the chairman may be an at-large member; and (B) Shall serve a two-year term and may be reelected to only one (1) additional two-year term. (2) Duties of vice chairman. The vice chairman of the council shall serve as the chairman of the council in the absence of the chairman. (d) Meetings. (1) In general. The council shall meet at least once each year at the call of the chairman. Each meeting of the council shall be open to the public. The council shall provide prior public notice in the Federal Register of each meeting of the council, including the matters to be addressed at such meeting. (2) Quorum. A majority of the council or any committee of the council shall constitute a quorum of the council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote. (e) Rules, procedures, and standards. The council shall make available for public inspection and copying at the council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the council. (f) Assistance from FBI. The council may request from the FBI such reports, studies, statistics, or other information or materials as the council determines to be necessary to enable the council to perform its duties under this compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request. (g) Committees. The chairman may establish committees as necessary to carry out this compact and may prescribe their membership, responsibilities, and duration. Article VII. Ratification Of Compact This compact shall take effect upon being entered into by two (2) or more states as between those states and the federal government. Upon subsequent entering into this compact by additional states, it shall become effective among those states and the federal government and each party state that has previously ratified it. When ratified, this compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state. Article VIII. Miscellaneous Provisions (a) Relation of compact to certain FBI activities. Administration of this compact shall not interfere with the management and control of the director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice. (b) No authority for nonappropriated expenditures. Nothing in this compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI. (c) Relating to Public Law 92-544. Nothing in this compact shall diminish or lessen the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the council under Article VI(a), regarding the use and dissemination of criminal history records and information. Article IX. Renunciation (a) In general. This compact shall bind each party state until renounced by the party state. (b) Effect. Any renunciation of this compact by a party state shall: (1) Be effected in the same manner by which the party state ratified this compact; and (2) Become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the federal government. Article X. Severability The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state, or to the constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this compact is held contrary to the constitution of any party state, all other portions of this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions. Article XI. Adjudication Of Disputes (a) In general. The council shall: (1) Have initial authority to make determinations with respect to any dispute regarding: (A) Interpretation of this compact; (B) Any rule or standard established by the council pursuant to Article V; and (C) Any dispute or controversy between any parties to this compact; and (2) Hold a hearing concerning any dispute described in paragraph (1) at a regularly scheduled meeting of the council and only render a decision based upon a majority vote of the members of the council. Such decision shall be published pursuant to the requirements of Article VI(e). (b) Duties of FBI. The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the council holds a hearing on such matters. (c) Right of appeal. The FBI or a party state may appeal any decision of the council to the attorney general, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this compact. Any suit arising under this compact and initiated in a state court shall be removed to the appropriate district court of the United States in the manner provided by section 1446 of title 28, United States Code, or other statutory authority. Acts 2003 , ch. 186, § 2; 2005, ch. 11, § 1.
The national crime prevention and privacy compact is enacted into law and entered into by this state, with all states legally joining therein in the form substantially as follows:
The contracting parties agree to the following:
Overview
(a) In general. This compact organizes an electronic information sharing system among the federal government and the states to exchange criminal history records for noncriminal justice purposes authorized by federal or state law, such as background checks for governmental licensing and employment.
(b) Obligations of parties. Under this compact, the FBI and the party states agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the federal government and to party states for authorized purposes. The FBI shall also manage the federal data facilities that provide a significant part of the infrastructure for the system. Article I. Definitions In this compact: (1) Attorney general. The term "attorney general" means the attorney general of the United States; (2) Compact officer. The term "compact officer" means: (A) With respect to the federal government, an official so designated by the director of the FBI; and (B) With respect to a party state, the chief administrator of the state's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository; (3) Council. The term "council" means the compact council established under Article VI; (4) Criminal history record repository. The term "criminal history record repository" means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized recordkeeping functions for criminal history records and services in the state; (5) Criminal history records. The term "criminal history records": (A) Means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and (B) Does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system; (6) Criminal justice. The term "criminal justice" includes activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records; (7) Criminal justice agency. The term "criminal justice agency": (A) Means: (i) Courts; and (ii) A governmental agency or any subunit thereof that: (a) Performs the administration of criminal justice pursuant to a statute or executive order; and (b) Allocates a substantial part of its annual budget to the administration of criminal justice; and (B) Includes federal and state inspectors general offices; (8) Criminal justice services. The term "criminal justice services" means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes; (9) Criterion offense. The term "criterion offense" means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI; (10) Direct access. The term "direct access" means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency; (11) Executive order. The term "executive order" means an order of the president of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law; (12) FBI. The term "FBI" means the federal bureau of investigation; (13) Interstate identification system. The term "Interstate Identification Index System" or "III System": (A) Means the cooperative federal-state system for the exchange of criminal history records; and (B) Includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI; (14) National Fingerprint File. The term "National Fingerprint File" means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System; (15) National Identification Index. The term "National Identification Index" means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System; (16) National indices. The term "national indices" means the National Identification Index and the National Fingerprint File; (17) Noncriminal justice purposes. The term "noncriminal justice purposes" means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances; (18) Nonparty state. The term "nonparty state" means a state that has not ratified this compact; (19) Party state. The term "party state" means a state that has ratified this compact; (20) Positive identification. The term "positive identification" means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification; (21) Sealed record information. The term "sealed record information" means: (A) With respect to adults, that portion of a record that is: (i) Not available for criminal justice uses; (ii) Not supported by fingerprints or other accepted means of positive identification; or (iii) Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and (B) With respect to juveniles, whatever each state determines is a sealed record under its own law and procedure; and (22) State. The term "state" means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. Article II. Purposes The purposes of this compact are to: (1) Provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses; (2) Require the FBI to permit use of the National Identification Index and the National Fingerprint File by each party state, and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under Article VI; (3) Require party states to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the federal government for noncriminal justice purposes, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under Article VI; (4) Provide for the establishment of a council to monitor III System operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and (5) Require the FBI and each party state to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records. Article III. Responsibilities Of Compact Parties (a) FBI responsibilities. The director of the FBI shall: (1) Appoint an FBI compact officer who shall: (A) Administer this compact within the department of justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V(c); (B) Ensure that compact provisions and rules, procedures, and standards prescribed by the council under Article VI are complied with by the department of justice and the federal agencies and other agencies and organizations referred to in Article III(1)(A); and (C) Regulate the use of records received by means of the III System from party states when such records are supplied by the FBI directly to other federal agencies; (2) Provide to federal agencies and to state criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including: (A) Information from nonparty states; and (B) Information from party states that is available from the FBI through the III System, but is not available from the party state through the III System; (3) Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and (4) Modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V. (b) State responsibilities. Each party state shall: (1) Appoint a compact officer who shall: (A) Administer this compact within that state; (B) Ensure that compact provisions and rules, procedures, and standards established by the Council under Article VI are complied with in the state; and (C) Regulate the in-state use of records received by means of the III System from the FBI or from other party states; (2) Establish and maintain a criminal history record repository, which shall provide: (A) Information and records for the National Identification Index and the National Fingerprint File; and (B) The state's III System-indexed criminal history records for noncriminal justice purposes described in Article IV; (3) Participate in the National Fingerprint File; and (4) Provide and maintain telecommunications links and related equipment necessary to support the services set forth in this compact. (c) Compliance with III System standards. In carrying out their responsibilities under this compact, the FBI and each party state shall comply with III System rules, procedures, and standards duly established by the council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation. (d) Maintenance of record services. (1) Use of the III System for noncriminal justice purposes authorized in this compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes. (2) Administration of compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this compact. Article IV. Authorized Record Disclosures (a) State criminal history record repositories. To the extent authorized by § 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general and that authorizes national indices checks. (b) Criminal justice agencies and other governmental or nongovernmental agencies. The FBI, to the extent authorized by § 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"), and state criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general, that authorizes national indices checks. (c) Procedures. Any record obtained under this compact may be used only for the official purposes for which the record was requested. Each compact officer shall establish procedures, consistent with this compact, and with rules, procedures, and standards established by the council under Article VI, which procedures shall protect the accuracy and privacy of the records, and shall: (1) Ensure that records obtained under this compact are used only by authorized officials for authorized purposes; (2) Require that subsequent record checks are requested to obtain current information whenever a new need arises; and (3) Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate "no record" response is communicated to the requesting official. Article V. Record Request Procedures (a) Positive identification. Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes. (b) Submission of state requests. Each request for a criminal history record check utilizing the national indices made under any approved state statute shall be submitted through that state's criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another state criminal history record repository or the FBI. (c) Submission of federal requests. Each request for criminal history record checks utilizing the national indices made under federal authority shall be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which such request originated. Direct access to the National Identification Index by entities other than the FBI and state criminal history records repositories shall not be permitted for noncriminal justice purposes. (d) Fees. A state criminal history record repository or the FBI: (1) May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and (2) May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints. (e) Additional search. (1) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices. (2) If, with respect to a request forwarded by a state criminal history record repository under paragraph (1), the FBI positively identifies the subject as having a III System-indexed record or records: (A) The FBI shall so advise the state criminal history record repository; and (B) The state criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories. Article VI. Establishment Of Compact Council (a) Establishment. (1) In general. There is established a council to be known as the "compact council", which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes. (2) Organization. The council shall: (A) Continue in existence as long as this compact remains in effect; (B) Be located, for administrative purposes, within the FBI; and (C) Be organized and hold its first meeting as soon as practicable after the effective date of this compact. (b) Membership. The council shall be composed of fifteen (15) members, each of whom shall be appointed by the attorney general, as follows: (1) Nine (9) members, each of whom shall serve a two-year term, who shall be selected from among the compact officers of party states based on the recommendation of the compact officers of all party states, except that, in the absence of the requisite number of compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states shall be eligible to serve on an interim basis; (2) Two (2) at-large members, nominated by the director of the FBI, each of whom shall serve a three-year term, of whom: (A) One (1) shall be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and (B) One (1) shall be a representative of the noncriminal justice agencies of the federal government; (3) Two (2) at-large members, nominated by the chairman of the council, once the chairman is elected pursuant to Article VI(c), each of whom shall serve a three-year term, of whom: (A) One (1) shall be a representative of state or local criminal justice agencies; and (B) One (1) shall be a representative of state or local noncriminal justice agencies; (4) One (1) member, who shall serve a three-year term, and who shall simultaneously be a member of the FBI's advisory policy board on criminal justice information services, nominated by the membership of that policy board; (5) One (1) member, nominated by the director of the FBI, who shall serve a three-year term, and who shall be an employee of the FBI. (c) Chairman and vice chairman. (1) In general. From its membership, the council shall elect a chairman and a vice chairman of the council, respectively. Both the chairman and vice chairman of the council: (A) Shall be a compact officer, unless there is no compact officer on the council who is willing to serve, in which case the chairman may be an at-large member; and (B) Shall serve a two-year term and may be reelected to only one (1) additional two-year term. (2) Duties of vice chairman. The vice chairman of the council shall serve as the chairman of the council in the absence of the chairman. (d) Meetings. (1) In general. The council shall meet at least once each year at the call of the chairman. Each meeting of the council shall be open to the public. The council shall provide prior public notice in the Federal Register of each meeting of the council, including the matters to be addressed at such meeting. (2) Quorum. A majority of the council or any committee of the council shall constitute a quorum of the council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote. (e) Rules, procedures, and standards. The council shall make available for public inspection and copying at the council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the council. (f) Assistance from FBI. The council may request from the FBI such reports, studies, statistics, or other information or materials as the council determines to be necessary to enable the council to perform its duties under this compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request. (g) Committees. The chairman may establish committees as necessary to carry out this compact and may prescribe their membership, responsibilities, and duration. Article VII. Ratification Of Compact This compact shall take effect upon being entered into by two (2) or more states as between those states and the federal government. Upon subsequent entering into this compact by additional states, it shall become effective among those states and the federal government and each party state that has previously ratified it. When ratified, this compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state. Article VIII. Miscellaneous Provisions (a) Relation of compact to certain FBI activities. Administration of this compact shall not interfere with the management and control of the director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice. (b) No authority for nonappropriated expenditures. Nothing in this compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI. (c) Relating to Public Law 92-544. Nothing in this compact shall diminish or lessen the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the council under Article VI(a), regarding the use and dissemination of criminal history records and information. Article IX. Renunciation (a) In general. This compact shall bind each party state until renounced by the party state. (b) Effect. Any renunciation of this compact by a party state shall: (1) Be effected in the same manner by which the party state ratified this compact; and (2) Become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the federal government. Article X. Severability The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state, or to the constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this compact is held contrary to the constitution of any party state, all other portions of this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions. Article XI. Adjudication Of Disputes (a) In general. The council shall: (1) Have initial authority to make determinations with respect to any dispute regarding: (A) Interpretation of this compact; (B) Any rule or standard established by the council pursuant to Article V; and (C) Any dispute or controversy between any parties to this compact; and (2) Hold a hearing concerning any dispute described in paragraph (1) at a regularly scheduled meeting of the council and only render a decision based upon a majority vote of the members of the council. Such decision shall be published pursuant to the requirements of Article VI(e). (b) Duties of FBI. The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the council holds a hearing on such matters. (c) Right of appeal. The FBI or a party state may appeal any decision of the council to the attorney general, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this compact. Any suit arising under this compact and initiated in a state court shall be removed to the appropriate district court of the United States in the manner provided by section 1446 of title 28, United States Code, or other statutory authority.
Article I. Definitions In this compact: (1) Attorney general. The term "attorney general" means the attorney general of the United States; (2) Compact officer. The term "compact officer" means: (A) With respect to the federal government, an official so designated by the director of the FBI; and (B) With respect to a party state, the chief administrator of the state's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository; (3) Council. The term "council" means the compact council established under Article VI; (4) Criminal history record repository. The term "criminal history record repository" means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized recordkeeping functions for criminal history records and services in the state; (5) Criminal history records. The term "criminal history records": (A) Means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and (B) Does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system; (6) Criminal justice. The term "criminal justice" includes activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records; (7) Criminal justice agency. The term "criminal justice agency": (A) Means: (i) Courts; and (ii) A governmental agency or any subunit thereof that: (a) Performs the administration of criminal justice pursuant to a statute or executive order; and (b) Allocates a substantial part of its annual budget to the administration of criminal justice; and (B) Includes federal and state inspectors general offices; (8) Criminal justice services. The term "criminal justice services" means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes; (9) Criterion offense. The term "criterion offense" means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI; (10) Direct access. The term "direct access" means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency; (11) Executive order. The term "executive order" means an order of the president of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law; (12) FBI. The term "FBI" means the federal bureau of investigation; (13) Interstate identification system. The term "Interstate Identification Index System" or "III System": (A) Means the cooperative federal-state system for the exchange of criminal history records; and (B) Includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI; (14) National Fingerprint File. The term "National Fingerprint File" means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System; (15) National Identification Index. The term "National Identification Index" means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System; (16) National indices. The term "national indices" means the National Identification Index and the National Fingerprint File; (17) Noncriminal justice purposes. The term "noncriminal justice purposes" means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances; (18) Nonparty state. The term "nonparty state" means a state that has not ratified this compact; (19) Party state. The term "party state" means a state that has ratified this compact; (20) Positive identification. The term "positive identification" means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification; (21) Sealed record information. The term "sealed record information" means: (A) With respect to adults, that portion of a record that is: (i) Not available for criminal justice uses; (ii) Not supported by fingerprints or other accepted means of positive identification; or (iii) Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and (B) With respect to juveniles, whatever each state determines is a sealed record under its own law and procedure; and (22) State. The term "state" means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
In this compact:
(1) Attorney general. The term "attorney general" means the attorney general of the United States;
(2) Compact officer. The term "compact officer" means: (A) With respect to the federal government, an official so designated by the director of the FBI; and (B) With respect to a party state, the chief administrator of the state's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository;
(A) With respect to the federal government, an official so designated by the director of the FBI; and
(B) With respect to a party state, the chief administrator of the state's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository;
(3) Council. The term "council" means the compact council established under Article VI;
(4) Criminal history record repository. The term "criminal history record repository" means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized recordkeeping functions for criminal history records and services in the state;
(5) Criminal history records. The term "criminal history records": (A) Means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and (B) Does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system;
(A) Means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and
(B) Does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system;
(6) Criminal justice. The term "criminal justice" includes activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records;
(7) Criminal justice agency. The term "criminal justice agency": (A) Means: (i) Courts; and (ii) A governmental agency or any subunit thereof that: (a) Performs the administration of criminal justice pursuant to a statute or executive order; and (b) Allocates a substantial part of its annual budget to the administration of criminal justice; and (B) Includes federal and state inspectors general offices;
(A) Means: (i) Courts; and (ii) A governmental agency or any subunit thereof that: (a) Performs the administration of criminal justice pursuant to a statute or executive order; and (b) Allocates a substantial part of its annual budget to the administration of criminal justice; and
(i) Courts; and
(ii) A governmental agency or any subunit thereof that: (a) Performs the administration of criminal justice pursuant to a statute or executive order; and (b) Allocates a substantial part of its annual budget to the administration of criminal justice; and
(a) Performs the administration of criminal justice pursuant to a statute or executive order; and
(b) Allocates a substantial part of its annual budget to the administration of criminal justice; and
(B) Includes federal and state inspectors general offices;
(8) Criminal justice services. The term "criminal justice services" means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes;
(9) Criterion offense. The term "criterion offense" means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI;
(10) Direct access. The term "direct access" means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency;
(11) Executive order. The term "executive order" means an order of the president of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law;
(12) FBI. The term "FBI" means the federal bureau of investigation;
(13) Interstate identification system. The term "Interstate Identification Index System" or "III System": (A) Means the cooperative federal-state system for the exchange of criminal history records; and (B) Includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI;
(A) Means the cooperative federal-state system for the exchange of criminal history records; and
(B) Includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI;
(14) National Fingerprint File. The term "National Fingerprint File" means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System;
(15) National Identification Index. The term "National Identification Index" means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System;
(16) National indices. The term "national indices" means the National Identification Index and the National Fingerprint File;
(17) Noncriminal justice purposes. The term "noncriminal justice purposes" means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances;
(18) Nonparty state. The term "nonparty state" means a state that has not ratified this compact;
(19) Party state. The term "party state" means a state that has ratified this compact;
(20) Positive identification. The term "positive identification" means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification;
(21) Sealed record information. The term "sealed record information" means: (A) With respect to adults, that portion of a record that is: (i) Not available for criminal justice uses; (ii) Not supported by fingerprints or other accepted means of positive identification; or (iii) Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and (B) With respect to juveniles, whatever each state determines is a sealed record under its own law and procedure; and
(A) With respect to adults, that portion of a record that is: (i) Not available for criminal justice uses; (ii) Not supported by fingerprints or other accepted means of positive identification; or (iii) Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and
(i) Not available for criminal justice uses;
(ii) Not supported by fingerprints or other accepted means of positive identification; or
(iii) Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and
(B) With respect to juveniles, whatever each state determines is a sealed record under its own law and procedure; and
(22) State. The term "state" means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
Article II. Purposes The purposes of this compact are to: (1) Provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses; (2) Require the FBI to permit use of the National Identification Index and the National Fingerprint File by each party state, and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under Article VI; (3) Require party states to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the federal government for noncriminal justice purposes, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under Article VI; (4) Provide for the establishment of a council to monitor III System operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and (5) Require the FBI and each party state to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.
The purposes of this compact are to:
(1) Provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses;
(2) Require the FBI to permit use of the National Identification Index and the National Fingerprint File by each party state, and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under Article VI;
(3) Require party states to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the federal government for noncriminal justice purposes, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under Article VI;
(4) Provide for the establishment of a council to monitor III System operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and
(5) Require the FBI and each party state to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.
Article III. Responsibilities Of Compact Parties (a) FBI responsibilities. The director of the FBI shall: (1) Appoint an FBI compact officer who shall: (A) Administer this compact within the department of justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V(c); (B) Ensure that compact provisions and rules, procedures, and standards prescribed by the council under Article VI are complied with by the department of justice and the federal agencies and other agencies and organizations referred to in Article III(1)(A); and (C) Regulate the use of records received by means of the III System from party states when such records are supplied by the FBI directly to other federal agencies; (2) Provide to federal agencies and to state criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including: (A) Information from nonparty states; and (B) Information from party states that is available from the FBI through the III System, but is not available from the party state through the III System; (3) Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and (4) Modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V. (b) State responsibilities. Each party state shall: (1) Appoint a compact officer who shall: (A) Administer this compact within that state; (B) Ensure that compact provisions and rules, procedures, and standards established by the Council under Article VI are complied with in the state; and (C) Regulate the in-state use of records received by means of the III System from the FBI or from other party states; (2) Establish and maintain a criminal history record repository, which shall provide: (A) Information and records for the National Identification Index and the National Fingerprint File; and (B) The state's III System-indexed criminal history records for noncriminal justice purposes described in Article IV; (3) Participate in the National Fingerprint File; and (4) Provide and maintain telecommunications links and related equipment necessary to support the services set forth in this compact. (c) Compliance with III System standards. In carrying out their responsibilities under this compact, the FBI and each party state shall comply with III System rules, procedures, and standards duly established by the council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation. (d) Maintenance of record services. (1) Use of the III System for noncriminal justice purposes authorized in this compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes. (2) Administration of compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this compact.
(a) FBI responsibilities. The director of the FBI shall: (1) Appoint an FBI compact officer who shall: (A) Administer this compact within the department of justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V(c); (B) Ensure that compact provisions and rules, procedures, and standards prescribed by the council under Article VI are complied with by the department of justice and the federal agencies and other agencies and organizations referred to in Article III(1)(A); and (C) Regulate the use of records received by means of the III System from party states when such records are supplied by the FBI directly to other federal agencies; (2) Provide to federal agencies and to state criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including: (A) Information from nonparty states; and (B) Information from party states that is available from the FBI through the III System, but is not available from the party state through the III System; (3) Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and (4) Modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V.
(1) Appoint an FBI compact officer who shall: (A) Administer this compact within the department of justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V(c); (B) Ensure that compact provisions and rules, procedures, and standards prescribed by the council under Article VI are complied with by the department of justice and the federal agencies and other agencies and organizations referred to in Article III(1)(A); and (C) Regulate the use of records received by means of the III System from party states when such records are supplied by the FBI directly to other federal agencies;
(A) Administer this compact within the department of justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V(c);
(B) Ensure that compact provisions and rules, procedures, and standards prescribed by the council under Article VI are complied with by the department of justice and the federal agencies and other agencies and organizations referred to in Article III(1)(A); and
(C) Regulate the use of records received by means of the III System from party states when such records are supplied by the FBI directly to other federal agencies;
(2) Provide to federal agencies and to state criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including: (A) Information from nonparty states; and (B) Information from party states that is available from the FBI through the III System, but is not available from the party state through the III System;
(A) Information from nonparty states; and
(B) Information from party states that is available from the FBI through the III System, but is not available from the party state through the III System;
(3) Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and
(4) Modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V.
(b) State responsibilities. Each party state shall: (1) Appoint a compact officer who shall: (A) Administer this compact within that state; (B) Ensure that compact provisions and rules, procedures, and standards established by the Council under Article VI are complied with in the state; and (C) Regulate the in-state use of records received by means of the III System from the FBI or from other party states; (2) Establish and maintain a criminal history record repository, which shall provide: (A) Information and records for the National Identification Index and the National Fingerprint File; and (B) The state's III System-indexed criminal history records for noncriminal justice purposes described in Article IV; (3) Participate in the National Fingerprint File; and (4) Provide and maintain telecommunications links and related equipment necessary to support the services set forth in this compact.
(1) Appoint a compact officer who shall: (A) Administer this compact within that state; (B) Ensure that compact provisions and rules, procedures, and standards established by the Council under Article VI are complied with in the state; and (C) Regulate the in-state use of records received by means of the III System from the FBI or from other party states;
(A) Administer this compact within that state;
(B) Ensure that compact provisions and rules, procedures, and standards established by the Council under Article VI are complied with in the state; and
(C) Regulate the in-state use of records received by means of the III System from the FBI or from other party states;
(2) Establish and maintain a criminal history record repository, which shall provide: (A) Information and records for the National Identification Index and the National Fingerprint File; and (B) The state's III System-indexed criminal history records for noncriminal justice purposes described in Article IV;
(A) Information and records for the National Identification Index and the National Fingerprint File; and
(B) The state's III System-indexed criminal history records for noncriminal justice purposes described in Article IV;
(3) Participate in the National Fingerprint File; and
(4) Provide and maintain telecommunications links and related equipment necessary to support the services set forth in this compact.
(c) Compliance with III System standards. In carrying out their responsibilities under this compact, the FBI and each party state shall comply with III System rules, procedures, and standards duly established by the council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation.
(d) Maintenance of record services. (1) Use of the III System for noncriminal justice purposes authorized in this compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes. (2) Administration of compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this compact.
(1) Use of the III System for noncriminal justice purposes authorized in this compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.
(2) Administration of compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this compact.
Article IV. Authorized Record Disclosures (a) State criminal history record repositories. To the extent authorized by § 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general and that authorizes national indices checks. (b) Criminal justice agencies and other governmental or nongovernmental agencies. The FBI, to the extent authorized by § 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"), and state criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general, that authorizes national indices checks. (c) Procedures. Any record obtained under this compact may be used only for the official purposes for which the record was requested. Each compact officer shall establish procedures, consistent with this compact, and with rules, procedures, and standards established by the council under Article VI, which procedures shall protect the accuracy and privacy of the records, and shall: (1) Ensure that records obtained under this compact are used only by authorized officials for authorized purposes; (2) Require that subsequent record checks are requested to obtain current information whenever a new need arises; and (3) Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate "no record" response is communicated to the requesting official.
(a) State criminal history record repositories. To the extent authorized by § 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general and that authorizes national indices checks.
(b) Criminal justice agencies and other governmental or nongovernmental agencies. The FBI, to the extent authorized by § 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"), and state criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general, that authorizes national indices checks.
(c) Procedures. Any record obtained under this compact may be used only for the official purposes for which the record was requested. Each compact officer shall establish procedures, consistent with this compact, and with rules, procedures, and standards established by the council under Article VI, which procedures shall protect the accuracy and privacy of the records, and shall: (1) Ensure that records obtained under this compact are used only by authorized officials for authorized purposes; (2) Require that subsequent record checks are requested to obtain current information whenever a new need arises; and (3) Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate "no record" response is communicated to the requesting official.
(1) Ensure that records obtained under this compact are used only by authorized officials for authorized purposes;
(2) Require that subsequent record checks are requested to obtain current information whenever a new need arises; and
(3) Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate "no record" response is communicated to the requesting official.
Article V. Record Request Procedures (a) Positive identification. Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes. (b) Submission of state requests. Each request for a criminal history record check utilizing the national indices made under any approved state statute shall be submitted through that state's criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another state criminal history record repository or the FBI. (c) Submission of federal requests. Each request for criminal history record checks utilizing the national indices made under federal authority shall be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which such request originated. Direct access to the National Identification Index by entities other than the FBI and state criminal history records repositories shall not be permitted for noncriminal justice purposes. (d) Fees. A state criminal history record repository or the FBI: (1) May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and (2) May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints. (e) Additional search. (1) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices. (2) If, with respect to a request forwarded by a state criminal history record repository under paragraph (1), the FBI positively identifies the subject as having a III System-indexed record or records: (A) The FBI shall so advise the state criminal history record repository; and (B) The state criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.
(a) Positive identification. Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes.
(b) Submission of state requests. Each request for a criminal history record check utilizing the national indices made under any approved state statute shall be submitted through that state's criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another state criminal history record repository or the FBI.
(c) Submission of federal requests. Each request for criminal history record checks utilizing the national indices made under federal authority shall be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which such request originated. Direct access to the National Identification Index by entities other than the FBI and state criminal history records repositories shall not be permitted for noncriminal justice purposes.
(d) Fees. A state criminal history record repository or the FBI: (1) May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and (2) May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.
(1) May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and
(2) May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.
(e) Additional search. (1) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices. (2) If, with respect to a request forwarded by a state criminal history record repository under paragraph (1), the FBI positively identifies the subject as having a III System-indexed record or records: (A) The FBI shall so advise the state criminal history record repository; and (B) The state criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.
(1) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.
(2) If, with respect to a request forwarded by a state criminal history record repository under paragraph (1), the FBI positively identifies the subject as having a III System-indexed record or records: (A) The FBI shall so advise the state criminal history record repository; and (B) The state criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.
(A) The FBI shall so advise the state criminal history record repository; and
(B) The state criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.
Article VI. Establishment Of Compact Council (a) Establishment. (1) In general. There is established a council to be known as the "compact council", which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes. (2) Organization. The council shall: (A) Continue in existence as long as this compact remains in effect; (B) Be located, for administrative purposes, within the FBI; and (C) Be organized and hold its first meeting as soon as practicable after the effective date of this compact. (b) Membership. The council shall be composed of fifteen (15) members, each of whom shall be appointed by the attorney general, as follows: (1) Nine (9) members, each of whom shall serve a two-year term, who shall be selected from among the compact officers of party states based on the recommendation of the compact officers of all party states, except that, in the absence of the requisite number of compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states shall be eligible to serve on an interim basis; (2) Two (2) at-large members, nominated by the director of the FBI, each of whom shall serve a three-year term, of whom: (A) One (1) shall be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and (B) One (1) shall be a representative of the noncriminal justice agencies of the federal government; (3) Two (2) at-large members, nominated by the chairman of the council, once the chairman is elected pursuant to Article VI(c), each of whom shall serve a three-year term, of whom: (A) One (1) shall be a representative of state or local criminal justice agencies; and (B) One (1) shall be a representative of state or local noncriminal justice agencies; (4) One (1) member, who shall serve a three-year term, and who shall simultaneously be a member of the FBI's advisory policy board on criminal justice information services, nominated by the membership of that policy board; (5) One (1) member, nominated by the director of the FBI, who shall serve a three-year term, and who shall be an employee of the FBI. (c) Chairman and vice chairman. (1) In general. From its membership, the council shall elect a chairman and a vice chairman of the council, respectively. Both the chairman and vice chairman of the council: (A) Shall be a compact officer, unless there is no compact officer on the council who is willing to serve, in which case the chairman may be an at-large member; and (B) Shall serve a two-year term and may be reelected to only one (1) additional two-year term. (2) Duties of vice chairman. The vice chairman of the council shall serve as the chairman of the council in the absence of the chairman. (d) Meetings. (1) In general. The council shall meet at least once each year at the call of the chairman. Each meeting of the council shall be open to the public. The council shall provide prior public notice in the Federal Register of each meeting of the council, including the matters to be addressed at such meeting. (2) Quorum. A majority of the council or any committee of the council shall constitute a quorum of the council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote. (e) Rules, procedures, and standards. The council shall make available for public inspection and copying at the council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the council. (f) Assistance from FBI. The council may request from the FBI such reports, studies, statistics, or other information or materials as the council determines to be necessary to enable the council to perform its duties under this compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request. (g) Committees. The chairman may establish committees as necessary to carry out this compact and may prescribe their membership, responsibilities, and duration.
(a) Establishment. (1) In general. There is established a council to be known as the "compact council", which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes. (2) Organization. The council shall: (A) Continue in existence as long as this compact remains in effect; (B) Be located, for administrative purposes, within the FBI; and (C) Be organized and hold its first meeting as soon as practicable after the effective date of this compact.
(1) In general. There is established a council to be known as the "compact council", which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes.
(2) Organization. The council shall: (A) Continue in existence as long as this compact remains in effect; (B) Be located, for administrative purposes, within the FBI; and (C) Be organized and hold its first meeting as soon as practicable after the effective date of this compact.
(A) Continue in existence as long as this compact remains in effect;
(B) Be located, for administrative purposes, within the FBI; and
(C) Be organized and hold its first meeting as soon as practicable after the effective date of this compact.
(b) Membership. The council shall be composed of fifteen (15) members, each of whom shall be appointed by the attorney general, as follows: (1) Nine (9) members, each of whom shall serve a two-year term, who shall be selected from among the compact officers of party states based on the recommendation of the compact officers of all party states, except that, in the absence of the requisite number of compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states shall be eligible to serve on an interim basis; (2) Two (2) at-large members, nominated by the director of the FBI, each of whom shall serve a three-year term, of whom: (A) One (1) shall be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and (B) One (1) shall be a representative of the noncriminal justice agencies of the federal government; (3) Two (2) at-large members, nominated by the chairman of the council, once the chairman is elected pursuant to Article VI(c), each of whom shall serve a three-year term, of whom: (A) One (1) shall be a representative of state or local criminal justice agencies; and (B) One (1) shall be a representative of state or local noncriminal justice agencies; (4) One (1) member, who shall serve a three-year term, and who shall simultaneously be a member of the FBI's advisory policy board on criminal justice information services, nominated by the membership of that policy board; (5) One (1) member, nominated by the director of the FBI, who shall serve a three-year term, and who shall be an employee of the FBI.
(1) Nine (9) members, each of whom shall serve a two-year term, who shall be selected from among the compact officers of party states based on the recommendation of the compact officers of all party states, except that, in the absence of the requisite number of compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states shall be eligible to serve on an interim basis;
(2) Two (2) at-large members, nominated by the director of the FBI, each of whom shall serve a three-year term, of whom: (A) One (1) shall be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and (B) One (1) shall be a representative of the noncriminal justice agencies of the federal government;
(A) One (1) shall be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and
(B) One (1) shall be a representative of the noncriminal justice agencies of the federal government;
(3) Two (2) at-large members, nominated by the chairman of the council, once the chairman is elected pursuant to Article VI(c), each of whom shall serve a three-year term, of whom: (A) One (1) shall be a representative of state or local criminal justice agencies; and (B) One (1) shall be a representative of state or local noncriminal justice agencies;
(A) One (1) shall be a representative of state or local criminal justice agencies; and
(B) One (1) shall be a representative of state or local noncriminal justice agencies;
(4) One (1) member, who shall serve a three-year term, and who shall simultaneously be a member of the FBI's advisory policy board on criminal justice information services, nominated by the membership of that policy board;
(5) One (1) member, nominated by the director of the FBI, who shall serve a three-year term, and who shall be an employee of the FBI.
(c) Chairman and vice chairman. (1) In general. From its membership, the council shall elect a chairman and a vice chairman of the council, respectively. Both the chairman and vice chairman of the council: (A) Shall be a compact officer, unless there is no compact officer on the council who is willing to serve, in which case the chairman may be an at-large member; and (B) Shall serve a two-year term and may be reelected to only one (1) additional two-year term. (2) Duties of vice chairman. The vice chairman of the council shall serve as the chairman of the council in the absence of the chairman.
(1) In general. From its membership, the council shall elect a chairman and a vice chairman of the council, respectively. Both the chairman and vice chairman of the council: (A) Shall be a compact officer, unless there is no compact officer on the council who is willing to serve, in which case the chairman may be an at-large member; and (B) Shall serve a two-year term and may be reelected to only one (1) additional two-year term.
(A) Shall be a compact officer, unless there is no compact officer on the council who is willing to serve, in which case the chairman may be an at-large member; and
(B) Shall serve a two-year term and may be reelected to only one (1) additional two-year term.
(2) Duties of vice chairman. The vice chairman of the council shall serve as the chairman of the council in the absence of the chairman.
(d) Meetings. (1) In general. The council shall meet at least once each year at the call of the chairman. Each meeting of the council shall be open to the public. The council shall provide prior public notice in the Federal Register of each meeting of the council, including the matters to be addressed at such meeting. (2) Quorum. A majority of the council or any committee of the council shall constitute a quorum of the council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.
(1) In general. The council shall meet at least once each year at the call of the chairman. Each meeting of the council shall be open to the public. The council shall provide prior public notice in the Federal Register of each meeting of the council, including the matters to be addressed at such meeting.
(2) Quorum. A majority of the council or any committee of the council shall constitute a quorum of the council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.
(e) Rules, procedures, and standards. The council shall make available for public inspection and copying at the council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the council.
(f) Assistance from FBI. The council may request from the FBI such reports, studies, statistics, or other information or materials as the council determines to be necessary to enable the council to perform its duties under this compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request.
(g) Committees. The chairman may establish committees as necessary to carry out this compact and may prescribe their membership, responsibilities, and duration.
Article VII. Ratification Of Compact This compact shall take effect upon being entered into by two (2) or more states as between those states and the federal government. Upon subsequent entering into this compact by additional states, it shall become effective among those states and the federal government and each party state that has previously ratified it. When ratified, this compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state.
This compact shall take effect upon being entered into by two (2) or more states as between those states and the federal government. Upon subsequent entering into this compact by additional states, it shall become effective among those states and the federal government and each party state that has previously ratified it. When ratified, this compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state.
Article VIII. Miscellaneous Provisions (a) Relation of compact to certain FBI activities. Administration of this compact shall not interfere with the management and control of the director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice. (b) No authority for nonappropriated expenditures. Nothing in this compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI. (c) Relating to Public Law 92-544. Nothing in this compact shall diminish or lessen the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the council under Article VI(a), regarding the use and dissemination of criminal history records and information.
(a) Relation of compact to certain FBI activities. Administration of this compact shall not interfere with the management and control of the director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.
(b) No authority for nonappropriated expenditures. Nothing in this compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI.
(c) Relating to Public Law 92-544. Nothing in this compact shall diminish or lessen the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the council under Article VI(a), regarding the use and dissemination of criminal history records and information.
Article IX. Renunciation (a) In general. This compact shall bind each party state until renounced by the party state. (b) Effect. Any renunciation of this compact by a party state shall: (1) Be effected in the same manner by which the party state ratified this compact; and (2) Become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the federal government.
(a) In general. This compact shall bind each party state until renounced by the party state.
(b) Effect. Any renunciation of this compact by a party state shall: (1) Be effected in the same manner by which the party state ratified this compact; and (2) Become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the federal government.
(1) Be effected in the same manner by which the party state ratified this compact; and
(2) Become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the federal government.
Article X. Severability The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state, or to the constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this compact is held contrary to the constitution of any party state, all other portions of this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions.
The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state, or to the constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this compact is held contrary to the constitution of any party state, all other portions of this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions.
Article XI. Adjudication Of Disputes (a) In general. The council shall: (1) Have initial authority to make determinations with respect to any dispute regarding: (A) Interpretation of this compact; (B) Any rule or standard established by the council pursuant to Article V; and (C) Any dispute or controversy between any parties to this compact; and (2) Hold a hearing concerning any dispute described in paragraph (1) at a regularly scheduled meeting of the council and only render a decision based upon a majority vote of the members of the council. Such decision shall be published pursuant to the requirements of Article VI(e). (b) Duties of FBI. The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the council holds a hearing on such matters. (c) Right of appeal. The FBI or a party state may appeal any decision of the council to the attorney general, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this compact. Any suit arising under this compact and initiated in a state court shall be removed to the appropriate district court of the United States in the manner provided by section 1446 of title 28, United States Code, or other statutory authority.
(a) In general. The council shall: (1) Have initial authority to make determinations with respect to any dispute regarding: (A) Interpretation of this compact; (B) Any rule or standard established by the council pursuant to Article V; and (C) Any dispute or controversy between any parties to this compact; and (2) Hold a hearing concerning any dispute described in paragraph (1) at a regularly scheduled meeting of the council and only render a decision based upon a majority vote of the members of the council. Such decision shall be published pursuant to the requirements of Article VI(e).
(1) Have initial authority to make determinations with respect to any dispute regarding: (A) Interpretation of this compact; (B) Any rule or standard established by the council pursuant to Article V; and (C) Any dispute or controversy between any parties to this compact; and
(A) Interpretation of this compact;
(B) Any rule or standard established by the council pursuant to Article V; and
(C) Any dispute or controversy between any parties to this compact; and
(2) Hold a hearing concerning any dispute described in paragraph (1) at a regularly scheduled meeting of the council and only render a decision based upon a majority vote of the members of the council. Such decision shall be published pursuant to the requirements of Article VI(e).
(b) Duties of FBI. The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the council holds a hearing on such matters.
(c) Right of appeal. The FBI or a party state may appeal any decision of the council to the attorney general, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this compact. Any suit arising under this compact and initiated in a state court shall be removed to the appropriate district court of the United States in the manner provided by section 1446 of title 28, United States Code, or other statutory authority.
Acts 2003 , ch. 186, § 2; 2005, ch. 11, § 1.
Tenn. Code Ann. § 38-5-107 — TN Code / Title 38 / Chapter 5 / Section 38-5-107
Surgeon or physician as witness
Status: in_force

The coroner may also summon as a witness a surgeon or physician, when requested so to do by the district attorney general, to make examination of the body, including the performing of an autopsy, and give a professional opinion as to the cause of death, whose fee shall not exceed twenty-five dollars ($25.00), and the fee shall be allowed in the bill of costs. Code 1858, § 5303 (deriv. Acts 1849-1850, ch. 75, § 2); Shan., §7281; Code 1932, § 11882; Acts 1943, ch. 26, § 1; C. Supp. 1950, § 11882; T.C.A. (orig. ed.), § 38-407.
The coroner may also summon as a witness a surgeon or physician, when requested so to do by the district attorney general, to make examination of the body, including the performing of an autopsy, and give a professional opinion as to the cause of death, whose fee shall not exceed twenty-five dollars ($25.00), and the fee shall be allowed in the bill of costs.
Code 1858, § 5303 (deriv. Acts 1849-1850, ch. 75, § 2); Shan., §7281; Code 1932, § 11882; Acts 1943, ch. 26, § 1; C. Supp. 1950, § 11882; T.C.A. (orig. ed.), § 38-407.
Tenn. Code Ann. § 38-6-121 — TN Code / Title 38 / Chapter 6 / Section 38-6-121
Silver Alert program
Status: in_force

(a) The general assembly finds that in the case of a missing citizen who has wandered due to dementia, physical impairment, or disability, the first few hours are critical in finding the citizen. To aid in the identification and location of missing citizens, there is created a missing citizen alert program called the Silver Alert program. The Tennessee bureau of investigation shall provide oversight and a statewide protocol to be implemented with law enforcement agencies in this state. The Tennessee bureau of investigation and local law enforcement agencies may seek the assistance of nonprofit organizations such as A Child is Missing, the Alzheimer's Association, or Alzheimer's Tennessee. (b) As used in this section, "missing citizen" means: (1) A person whose age at the time the person is first reported missing is sixty (60) years of age or older, whose whereabouts are unknown, and who is believed to be in danger because of age, health, mental health conditions, or physical disability, in combination with environmental or weather conditions, or is believed to be unable to return to safety without assistance; (2) A person of any age who suffers from a documented case of dementia, whose whereabouts are unknown, who is believed to be in danger because of the dementia or a physical impairment, and is believed to be unable to return to safety without assistance; or (3) A person whose age at the time the person is first reported missing is eighteen (18) years of age or older; whose whereabouts are unknown; who has an intellectual, developmental, or physical disability; and who is believed to be in danger because of the disability, or is believed to be unable to return to safety without assistance. (c) (1) When a local law enforcement agency receives notice that a citizen with a condition described in subdivision (b)(1) is missing and has received a caregiver's statement verifying the condition of the missing citizen, or, when the local law enforcement agency receives notice that a citizen with a condition described in subdivision (b)(2) or (b)(3) is missing and has received medical documentation of that citizen's dementia, physical impairment, or disability, the agency shall begin an investigation immediately and notify the Tennessee bureau of investigation within four (4) hours of receiving the notice of the missing citizen by filing a report with the bureau. (2) Local law enforcement shall enter the report of the missing citizen with a physical impairment, dementia, physical disability, intellectual disability, or mental health condition into the national crime information center (NCIC) within four (4) hours of the completion of the verification process. (3) The Tennessee bureau of investigation, in coordination with law enforcement agencies, shall send the alert to designated media outlets in this state within twelve (12) hours of the notification of the missing citizen. Media outlets are strongly encouraged to publicize the information provided in order to promote the safe recovery of the missing citizen. When the alert is sent to media outlets, the alert must contain all appropriate information from the local law enforcement agency that may assist in the safe recovery of the missing citizen and a statement instructing anyone with information related to the missing citizen to contact their local law enforcement agency. The alert must contain all appropriate, descriptive information available, including, but not limited to, the location last seen, vehicle information, clothing worn, and photo, if available, that may assist in the safe recovery of the missing citizen. (4) The law enforcement agency requesting the alert shall cancel the alert upon notification that the missing citizen has been found, including cancellation of the missing person entry into NCIC. (d) (1) The Tennessee bureau of investigation shall provide information and education on the Silver Alert statewide protocol to all law enforcement agencies in this state. (2) The Tennessee Sheriffs' Association and the Tennessee Association of Chiefs of Police are encouraged to educate law enforcement as to the requirements of the Silver Alert program by methods, including, but not limited to, newsletters, press releases, media relations, access to TBI's current media list, and educational instruction through the Tennessee law enforcement training academy. Amended by 2021 Tenn. Acts, ch. 350, s 1, eff. 5/11/2021. Amended by 2016 Tenn. Acts, ch. 972, Secs.s 1, s 2 eff. 4/27/2016. Amended by 2016 Tenn. Acts, ch. 682, s 1, Sec.s 2, Secs.s 3, s 4, s 5 eff. 3/24/2016. Acts 2009 , ch. 590, § 1; 2010 , ch. 733, § 1.
(a) The general assembly finds that in the case of a missing citizen who has wandered due to dementia, physical impairment, or disability, the first few hours are critical in finding the citizen. To aid in the identification and location of missing citizens, there is created a missing citizen alert program called the Silver Alert program. The Tennessee bureau of investigation shall provide oversight and a statewide protocol to be implemented with law enforcement agencies in this state. The Tennessee bureau of investigation and local law enforcement agencies may seek the assistance of nonprofit organizations such as A Child is Missing, the Alzheimer's Association, or Alzheimer's Tennessee.
(b) As used in this section, "missing citizen" means: (1) A person whose age at the time the person is first reported missing is sixty (60) years of age or older, whose whereabouts are unknown, and who is believed to be in danger because of age, health, mental health conditions, or physical disability, in combination with environmental or weather conditions, or is believed to be unable to return to safety without assistance; (2) A person of any age who suffers from a documented case of dementia, whose whereabouts are unknown, who is believed to be in danger because of the dementia or a physical impairment, and is believed to be unable to return to safety without assistance; or (3) A person whose age at the time the person is first reported missing is eighteen (18) years of age or older; whose whereabouts are unknown; who has an intellectual, developmental, or physical disability; and who is believed to be in danger because of the disability, or is believed to be unable to return to safety without assistance.
(1) A person whose age at the time the person is first reported missing is sixty (60) years of age or older, whose whereabouts are unknown, and who is believed to be in danger because of age, health, mental health conditions, or physical disability, in combination with environmental or weather conditions, or is believed to be unable to return to safety without assistance;
(2) A person of any age who suffers from a documented case of dementia, whose whereabouts are unknown, who is believed to be in danger because of the dementia or a physical impairment, and is believed to be unable to return to safety without assistance; or
(3) A person whose age at the time the person is first reported missing is eighteen (18) years of age or older; whose whereabouts are unknown; who has an intellectual, developmental, or physical disability; and who is believed to be in danger because of the disability, or is believed to be unable to return to safety without assistance.
(c) (1) When a local law enforcement agency receives notice that a citizen with a condition described in subdivision (b)(1) is missing and has received a caregiver's statement verifying the condition of the missing citizen, or, when the local law enforcement agency receives notice that a citizen with a condition described in subdivision (b)(2) or (b)(3) is missing and has received medical documentation of that citizen's dementia, physical impairment, or disability, the agency shall begin an investigation immediately and notify the Tennessee bureau of investigation within four (4) hours of receiving the notice of the missing citizen by filing a report with the bureau. (2) Local law enforcement shall enter the report of the missing citizen with a physical impairment, dementia, physical disability, intellectual disability, or mental health condition into the national crime information center (NCIC) within four (4) hours of the completion of the verification process. (3) The Tennessee bureau of investigation, in coordination with law enforcement agencies, shall send the alert to designated media outlets in this state within twelve (12) hours of the notification of the missing citizen. Media outlets are strongly encouraged to publicize the information provided in order to promote the safe recovery of the missing citizen. When the alert is sent to media outlets, the alert must contain all appropriate information from the local law enforcement agency that may assist in the safe recovery of the missing citizen and a statement instructing anyone with information related to the missing citizen to contact their local law enforcement agency. The alert must contain all appropriate, descriptive information available, including, but not limited to, the location last seen, vehicle information, clothing worn, and photo, if available, that may assist in the safe recovery of the missing citizen. (4) The law enforcement agency requesting the alert shall cancel the alert upon notification that the missing citizen has been found, including cancellation of the missing person entry into NCIC.
(1) When a local law enforcement agency receives notice that a citizen with a condition described in subdivision (b)(1) is missing and has received a caregiver's statement verifying the condition of the missing citizen, or, when the local law enforcement agency receives notice that a citizen with a condition described in subdivision (b)(2) or (b)(3) is missing and has received medical documentation of that citizen's dementia, physical impairment, or disability, the agency shall begin an investigation immediately and notify the Tennessee bureau of investigation within four (4) hours of receiving the notice of the missing citizen by filing a report with the bureau.
(2) Local law enforcement shall enter the report of the missing citizen with a physical impairment, dementia, physical disability, intellectual disability, or mental health condition into the national crime information center (NCIC) within four (4) hours of the completion of the verification process.
(3) The Tennessee bureau of investigation, in coordination with law enforcement agencies, shall send the alert to designated media outlets in this state within twelve (12) hours of the notification of the missing citizen. Media outlets are strongly encouraged to publicize the information provided in order to promote the safe recovery of the missing citizen. When the alert is sent to media outlets, the alert must contain all appropriate information from the local law enforcement agency that may assist in the safe recovery of the missing citizen and a statement instructing anyone with information related to the missing citizen to contact their local law enforcement agency. The alert must contain all appropriate, descriptive information available, including, but not limited to, the location last seen, vehicle information, clothing worn, and photo, if available, that may assist in the safe recovery of the missing citizen.
(4) The law enforcement agency requesting the alert shall cancel the alert upon notification that the missing citizen has been found, including cancellation of the missing person entry into NCIC.
(d) (1) The Tennessee bureau of investigation shall provide information and education on the Silver Alert statewide protocol to all law enforcement agencies in this state. (2) The Tennessee Sheriffs' Association and the Tennessee Association of Chiefs of Police are encouraged to educate law enforcement as to the requirements of the Silver Alert program by methods, including, but not limited to, newsletters, press releases, media relations, access to TBI's current media list, and educational instruction through the Tennessee law enforcement training academy.
(1) The Tennessee bureau of investigation shall provide information and education on the Silver Alert statewide protocol to all law enforcement agencies in this state.
(2) The Tennessee Sheriffs' Association and the Tennessee Association of Chiefs of Police are encouraged to educate law enforcement as to the requirements of the Silver Alert program by methods, including, but not limited to, newsletters, press releases, media relations, access to TBI's current media list, and educational instruction through the Tennessee law enforcement training academy.
Amended by 2021 Tenn. Acts, ch. 350, s 1, eff. 5/11/2021.
Amended by 2016 Tenn. Acts, ch. 972, Secs.s 1, s 2 eff. 4/27/2016.
Amended by 2016 Tenn. Acts, ch. 682, s 1, Sec.s 2, Secs.s 3, s 4, s 5 eff. 3/24/2016.
Acts 2009 , ch. 590, § 1; 2010 , ch. 733, § 1.
Tenn. Code Ann. § 38-6-122 — TN Code / Title 38 / Chapter 6 / Section 38-6-122
Blue Alert system
Status: in_force

(a) There is established within the Tennessee bureau of investigation (TBI) the Blue Alert system. The purpose of the Blue Alert system is to provide a statewide system for the rapid dissemination of information to speed the apprehension of violent criminals who kill or seriously injure law enforcement officers and to aid in the location of missing law enforcement officers. (b) If the TBI receives a report that involves the death or serious injury of a law enforcement officer in which the suspect has not been apprehended or involves a law enforcement officer missing while in the line of duty under circumstances warranting concern for such law enforcement officer's safety, the TBI shall issue an alert providing for rapid dissemination of information statewide regarding such suspect or law enforcement officer, as appropriate. The TBI shall make every effort to disseminate the information as quickly as possible when the status of the suspect or missing law enforcement officer has been reported to a law enforcement agency. (c) The TBI shall adopt uniform guidelines and procedures for issuing an alert for such persons and shall provide education and training to encourage radio and television broadcasters to participate in the alert. The guidelines and procedures shall ensure that specific health information about any suspect or law enforcement officer is not made public through the alert or otherwise. (d) The TBI shall consult with the department of transportation and develop a procedure for the use of overhead permanent changeable message signs to provide information on a missing suspect or law enforcement officer meeting the criteria of this section when information is available that would enable motorists to assist in the recovery of the missing person. The TBI and the department of transportation shall develop guidelines for the content, length, and frequency of any message to be placed on an overhead permanent changeable message sign. (e) The TBI may use the statewide infrastructure of the America's Missing Broadcast Emergency Response (AMBER) Alert to the extent permissible to facilitate the Blue Alert system. (f) Any entity or individual involved in the dissemination of a Blue Alert generated pursuant to this section shall not be liable for any civil damages arising from such dissemination. Acts 2011, ch. 190, § 1.
(a) There is established within the Tennessee bureau of investigation (TBI) the Blue Alert system. The purpose of the Blue Alert system is to provide a statewide system for the rapid dissemination of information to speed the apprehension of violent criminals who kill or seriously injure law enforcement officers and to aid in the location of missing law enforcement officers.
(b) If the TBI receives a report that involves the death or serious injury of a law enforcement officer in which the suspect has not been apprehended or involves a law enforcement officer missing while in the line of duty under circumstances warranting concern for such law enforcement officer's safety, the TBI shall issue an alert providing for rapid dissemination of information statewide regarding such suspect or law enforcement officer, as appropriate. The TBI shall make every effort to disseminate the information as quickly as possible when the status of the suspect or missing law enforcement officer has been reported to a law enforcement agency.
(c) The TBI shall adopt uniform guidelines and procedures for issuing an alert for such persons and shall provide education and training to encourage radio and television broadcasters to participate in the alert. The guidelines and procedures shall ensure that specific health information about any suspect or law enforcement officer is not made public through the alert or otherwise.
(d) The TBI shall consult with the department of transportation and develop a procedure for the use of overhead permanent changeable message signs to provide information on a missing suspect or law enforcement officer meeting the criteria of this section when information is available that would enable motorists to assist in the recovery of the missing person. The TBI and the department of transportation shall develop guidelines for the content, length, and frequency of any message to be placed on an overhead permanent changeable message sign.
(e) The TBI may use the statewide infrastructure of the America's Missing Broadcast Emergency Response (AMBER) Alert to the extent permissible to facilitate the Blue Alert system.
(f) Any entity or individual involved in the dissemination of a Blue Alert generated pursuant to this section shall not be liable for any civil damages arising from such dissemination.
Acts 2011, ch. 190, § 1.
Tenn. Code Ann. § 38-6-101 — TN Code / Title 38 / Chapter 6 / Section 38-6-101
Bureau created - Director - Divisions of bureau
Status: in_force

(a) (1) There is created the Tennessee bureau of investigation, which shall be a separate department of state government. (2) The bureau shall be divided into no less than three (3) divisions, the criminal investigation division, the forensic services division, and the narcotics investigation division. Additional divisions may be created by the director as necessary for proper functioning of the bureau. Criminal investigators for any division within the bureau shall have the powers described in § 38-6-102 . The director shall have full control over all divisions. (3) The bureau shall be provided with suitable office space, supplies and equipment to perform the duties and functions assigned to it. (b) (1) A director shall be appointed to administer the department. (2) The director's compensation shall be fixed at an amount no less than that provided for the commissioner of safety. (3) (A) The director shall be a person of experience and ability in the detection of crime and shall be appointed to a fixed term of office by the governor from a list of three (3) nominees submitted to the governor by a nominating commission composed of: (i) Two (2) members to be nominated by the speaker of the senate and elected by resolution of the senate; (ii) Two (2) members to be nominated by the speaker of the house of representatives and elected by resolution of the house of representatives; and (iii) The executive director of the district attorneys general conference. (B) No person nominated by the speakers shall be a member of the general assembly, and no more than one (1) member nominated by each speaker and elected by each house shall be from the same political party. Members nominated by the speakers and elected by each house shall serve from the date of the member's election until January 1 of the year in which the term of the director expires. If no one (1) of the three (3) persons nominated by the commission is satisfactory to the governor, the governor may reject all three (3), and require the nominating commission to submit three (3) additional names from which to appoint. If none is satisfactory, the governor may require additional nominees, in groups of three (3), until the governor is able to make the appointment. In any case in which the governor rejects the nominees submitted by the commission, the commission shall resubmit a list of nominees within sixty (60) days of written notice by the governor of the rejection. Within thirty (30) days from the date the full membership of the commission is named initially, the commission shall meet, upon the call of the speaker of the senate, and elect a chair. Thereafter the commission shall meet at the call of the chair and shall, within sixty (60) days of the initial meeting, submit its initial list of nominees to the governor. In the case of a vacancy in the office of director arising during a term, the commission shall meet and submit a list of nominees within ninety (90) days of the date of the vacancy. In such a case, the appointment by the governor shall be for the unexpired portion of the director's term. With respect to the appointment of a director to a new term of office, the nominating commission shall be named no later than one hundred twenty (120) days before the expiration of the prior term. In such case the commission shall meet initially at the call of the speaker of the senate, elect a chair and shall then meet and make its submission of nominees no later than thirty (30) days prior to expiration of the term. The first term of office of the director shall begin on March 27, 1980, and shall extend through June 30, 1986. The next term shall begin on July 1, 1986, and it, and all successive terms shall be of six (6) full years. The nominating commission, as defined under this section, shall be subject to title 8, chapter 44. (4) The director shall be subject to removal from office under title 8, chapter 47, but in the case of suspension of the director under § 8-47-116 , the office of director shall be filled pending final disposition of the removal proceeding by the official in charge of the criminal investigation division of the bureau. (5) The official in charge of the criminal investigation division of the bureau shall likewise serve as acting director of the bureau from the occurrence of any vacancy in the office of director until a director is appointed, as provided for in this chapter. Amended by 2023 Tenn. Acts, ch. 88, s 2, eff. 3/31/2023. Acts 1951, ch. 173, § 1 (Williams, § 11465.10); Acts 1980, ch. 636, §§ 1, 13, 15; impl. am. Acts 1982, ch. 733, § 4; T.C.A. (orig. ed.), § 38-501; Acts 1998, ch. 1069, § 1; 2007 , ch. 260, §§ 1-4.
(a) (1) There is created the Tennessee bureau of investigation, which shall be a separate department of state government. (2) The bureau shall be divided into no less than three (3) divisions, the criminal investigation division, the forensic services division, and the narcotics investigation division. Additional divisions may be created by the director as necessary for proper functioning of the bureau. Criminal investigators for any division within the bureau shall have the powers described in § 38-6-102 . The director shall have full control over all divisions. (3) The bureau shall be provided with suitable office space, supplies and equipment to perform the duties and functions assigned to it.
(1) There is created the Tennessee bureau of investigation, which shall be a separate department of state government.
(2) The bureau shall be divided into no less than three (3) divisions, the criminal investigation division, the forensic services division, and the narcotics investigation division. Additional divisions may be created by the director as necessary for proper functioning of the bureau. Criminal investigators for any division within the bureau shall have the powers described in § 38-6-102 . The director shall have full control over all divisions.
(3) The bureau shall be provided with suitable office space, supplies and equipment to perform the duties and functions assigned to it.
(b) (1) A director shall be appointed to administer the department. (2) The director's compensation shall be fixed at an amount no less than that provided for the commissioner of safety. (3) (A) The director shall be a person of experience and ability in the detection of crime and shall be appointed to a fixed term of office by the governor from a list of three (3) nominees submitted to the governor by a nominating commission composed of: (i) Two (2) members to be nominated by the speaker of the senate and elected by resolution of the senate; (ii) Two (2) members to be nominated by the speaker of the house of representatives and elected by resolution of the house of representatives; and (iii) The executive director of the district attorneys general conference. (B) No person nominated by the speakers shall be a member of the general assembly, and no more than one (1) member nominated by each speaker and elected by each house shall be from the same political party. Members nominated by the speakers and elected by each house shall serve from the date of the member's election until January 1 of the year in which the term of the director expires. If no one (1) of the three (3) persons nominated by the commission is satisfactory to the governor, the governor may reject all three (3), and require the nominating commission to submit three (3) additional names from which to appoint. If none is satisfactory, the governor may require additional nominees, in groups of three (3), until the governor is able to make the appointment. In any case in which the governor rejects the nominees submitted by the commission, the commission shall resubmit a list of nominees within sixty (60) days of written notice by the governor of the rejection. Within thirty (30) days from the date the full membership of the commission is named initially, the commission shall meet, upon the call of the speaker of the senate, and elect a chair. Thereafter the commission shall meet at the call of the chair and shall, within sixty (60) days of the initial meeting, submit its initial list of nominees to the governor. In the case of a vacancy in the office of director arising during a term, the commission shall meet and submit a list of nominees within ninety (90) days of the date of the vacancy. In such a case, the appointment by the governor shall be for the unexpired portion of the director's term. With respect to the appointment of a director to a new term of office, the nominating commission shall be named no later than one hundred twenty (120) days before the expiration of the prior term. In such case the commission shall meet initially at the call of the speaker of the senate, elect a chair and shall then meet and make its submission of nominees no later than thirty (30) days prior to expiration of the term. The first term of office of the director shall begin on March 27, 1980, and shall extend through June 30, 1986. The next term shall begin on July 1, 1986, and it, and all successive terms shall be of six (6) full years. The nominating commission, as defined under this section, shall be subject to title 8, chapter 44. (4) The director shall be subject to removal from office under title 8, chapter 47, but in the case of suspension of the director under § 8-47-116 , the office of director shall be filled pending final disposition of the removal proceeding by the official in charge of the criminal investigation division of the bureau. (5) The official in charge of the criminal investigation division of the bureau shall likewise serve as acting director of the bureau from the occurrence of any vacancy in the office of director until a director is appointed, as provided for in this chapter.
(1) A director shall be appointed to administer the department.
(2) The director's compensation shall be fixed at an amount no less than that provided for the commissioner of safety.
(3) (A) The director shall be a person of experience and ability in the detection of crime and shall be appointed to a fixed term of office by the governor from a list of three (3) nominees submitted to the governor by a nominating commission composed of: (i) Two (2) members to be nominated by the speaker of the senate and elected by resolution of the senate; (ii) Two (2) members to be nominated by the speaker of the house of representatives and elected by resolution of the house of representatives; and (iii) The executive director of the district attorneys general conference. (B) No person nominated by the speakers shall be a member of the general assembly, and no more than one (1) member nominated by each speaker and elected by each house shall be from the same political party. Members nominated by the speakers and elected by each house shall serve from the date of the member's election until January 1 of the year in which the term of the director expires. If no one (1) of the three (3) persons nominated by the commission is satisfactory to the governor, the governor may reject all three (3), and require the nominating commission to submit three (3) additional names from which to appoint. If none is satisfactory, the governor may require additional nominees, in groups of three (3), until the governor is able to make the appointment. In any case in which the governor rejects the nominees submitted by the commission, the commission shall resubmit a list of nominees within sixty (60) days of written notice by the governor of the rejection. Within thirty (30) days from the date the full membership of the commission is named initially, the commission shall meet, upon the call of the speaker of the senate, and elect a chair. Thereafter the commission shall meet at the call of the chair and shall, within sixty (60) days of the initial meeting, submit its initial list of nominees to the governor. In the case of a vacancy in the office of director arising during a term, the commission shall meet and submit a list of nominees within ninety (90) days of the date of the vacancy. In such a case, the appointment by the governor shall be for the unexpired portion of the director's term. With respect to the appointment of a director to a new term of office, the nominating commission shall be named no later than one hundred twenty (120) days before the expiration of the prior term. In such case the commission shall meet initially at the call of the speaker of the senate, elect a chair and shall then meet and make its submission of nominees no later than thirty (30) days prior to expiration of the term. The first term of office of the director shall begin on March 27, 1980, and shall extend through June 30, 1986. The next term shall begin on July 1, 1986, and it, and all successive terms shall be of six (6) full years. The nominating commission, as defined under this section, shall be subject to title 8, chapter 44.
(A) The director shall be a person of experience and ability in the detection of crime and shall be appointed to a fixed term of office by the governor from a list of three (3) nominees submitted to the governor by a nominating commission composed of: (i) Two (2) members to be nominated by the speaker of the senate and elected by resolution of the senate; (ii) Two (2) members to be nominated by the speaker of the house of representatives and elected by resolution of the house of representatives; and (iii) The executive director of the district attorneys general conference.
(i) Two (2) members to be nominated by the speaker of the senate and elected by resolution of the senate;
(ii) Two (2) members to be nominated by the speaker of the house of representatives and elected by resolution of the house of representatives; and
(iii) The executive director of the district attorneys general conference.
(B) No person nominated by the speakers shall be a member of the general assembly, and no more than one (1) member nominated by each speaker and elected by each house shall be from the same political party. Members nominated by the speakers and elected by each house shall serve from the date of the member's election until January 1 of the year in which the term of the director expires. If no one (1) of the three (3) persons nominated by the commission is satisfactory to the governor, the governor may reject all three (3), and require the nominating commission to submit three (3) additional names from which to appoint. If none is satisfactory, the governor may require additional nominees, in groups of three (3), until the governor is able to make the appointment. In any case in which the governor rejects the nominees submitted by the commission, the commission shall resubmit a list of nominees within sixty (60) days of written notice by the governor of the rejection. Within thirty (30) days from the date the full membership of the commission is named initially, the commission shall meet, upon the call of the speaker of the senate, and elect a chair. Thereafter the commission shall meet at the call of the chair and shall, within sixty (60) days of the initial meeting, submit its initial list of nominees to the governor. In the case of a vacancy in the office of director arising during a term, the commission shall meet and submit a list of nominees within ninety (90) days of the date of the vacancy. In such a case, the appointment by the governor shall be for the unexpired portion of the director's term. With respect to the appointment of a director to a new term of office, the nominating commission shall be named no later than one hundred twenty (120) days before the expiration of the prior term. In such case the commission shall meet initially at the call of the speaker of the senate, elect a chair and shall then meet and make its submission of nominees no later than thirty (30) days prior to expiration of the term. The first term of office of the director shall begin on March 27, 1980, and shall extend through June 30, 1986. The next term shall begin on July 1, 1986, and it, and all successive terms shall be of six (6) full years. The nominating commission, as defined under this section, shall be subject to title 8, chapter 44.
(4) The director shall be subject to removal from office under title 8, chapter 47, but in the case of suspension of the director under § 8-47-116 , the office of director shall be filled pending final disposition of the removal proceeding by the official in charge of the criminal investigation division of the bureau.
(5) The official in charge of the criminal investigation division of the bureau shall likewise serve as acting director of the bureau from the occurrence of any vacancy in the office of director until a director is appointed, as provided for in this chapter.
Amended by 2023 Tenn. Acts, ch. 88, s 2, eff. 3/31/2023.
Acts 1951, ch. 173, § 1 (Williams, § 11465.10); Acts 1980, ch. 636, §§ 1, 13, 15; impl. am. Acts 1982, ch. 733, § 4; T.C.A. (orig. ed.), § 38-501; Acts 1998, ch. 1069, § 1; 2007 , ch. 260, §§ 1-4.
Tenn. Code Ann. § 38-8-303 — TN Code / Title 38 / Chapter 8 / Section 38-8-303
Disclosures by officers
Status: in_force

No police officer shall be required or requested to disclose any item of property, income, assets, source of income, debts, or personal or domestic expenditures, including those of any member of the officer's family or household, unless such information is necessary in investigating a possible conflict of interest with respect to the performance of the officer's official duties, unless such disclosure is required by law, or unless such information is related to an investigation. Nothing in this section shall preclude an agency from requiring such police officer to disclose any place of off-duty employment and where the officer may be contacted. Acts 1989, ch. 398, § 3.
No police officer shall be required or requested to disclose any item of property, income, assets, source of income, debts, or personal or domestic expenditures, including those of any member of the officer's family or household, unless such information is necessary in investigating a possible conflict of interest with respect to the performance of the officer's official duties, unless such disclosure is required by law, or unless such information is related to an investigation. Nothing in this section shall preclude an agency from requiring such police officer to disclose any place of off-duty employment and where the officer may be contacted.
Acts 1989, ch. 398, § 3.
Tenn. Code Ann. § 38-11-205 — TN Code / Title 38 / Chapter 11 / Section 38-11-205
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 522, s 1, eff. 3/6/2020. Acts 1988, ch. 1035, §§ 5, 6.
Repealed by 2020 Tenn. Acts, ch. 522, s 1, eff. 3/6/2020.
Acts 1988, ch. 1035, §§ 5, 6.
Tenn. Code Ann. § 38-8-127 — TN Code / Title 38 / Chapter 8 / Section 38-8-127
Reward for information leading to arrest of any individual responsible for shooting of law enforcement officer in line of duty
Status: in_force

(a) The state shall offer a reward for information leading to the arrest of any individual responsible for the shooting of a law enforcement officer in the line of duty. The reward shall be in the following amount: (1) Ten thousand dollars ($10,000) if the law enforcement officer was injured in the shooting; or (2) Twenty thousand dollars ($20,000) if the law enforcement officer was killed in the shooting. (b) Payment of the reward shall be made from the general fund after receipt by the department of finance and administration of proof of arrest by the appropriate law enforcement agency. Added by 2021 Tenn. Acts, ch. 439,s 1, eff. 7/1/2021.
(a) The state shall offer a reward for information leading to the arrest of any individual responsible for the shooting of a law enforcement officer in the line of duty. The reward shall be in the following amount: (1) Ten thousand dollars ($10,000) if the law enforcement officer was injured in the shooting; or (2) Twenty thousand dollars ($20,000) if the law enforcement officer was killed in the shooting.
(1) Ten thousand dollars ($10,000) if the law enforcement officer was injured in the shooting; or
(2) Twenty thousand dollars ($20,000) if the law enforcement officer was killed in the shooting.
(b) Payment of the reward shall be made from the general fund after receipt by the department of finance and administration of proof of arrest by the appropriate law enforcement agency.
Added by 2021 Tenn. Acts, ch. 439,s 1, eff. 7/1/2021.
Tenn. Code Ann. § 38-7-117 — TN Code / Title 38 / Chapter 7 / Section 38-7-117
Subpoena of medical and hospital records
Status: in_force

(a) An authorized post-mortem official acting under the control or direction of the chief medical examiner or a county medical examiner or performing an investigation pursuant to a court order or an order of a district attorney general is authorized to obtain, upon written request, or may subpoena through the appropriate district attorney general, all medical or hospital records maintained by individuals licensed under title 63 or by facilities licensed under title 68 that pertain to a case under investigation. (b) An authorized post-mortem official acting under the control or direction of the chief medical examiner or a county medical examiner or performing an investigation pursuant to a court order or an order of a district attorney general is authorized, through the appropriate district attorney general, to obtain, by judicial subpoena or through a court order in accordance with § 33-3-105 , all records maintained by facilities licensed under title 33 that pertain to a case under investigation. (c) As used in this section: (1) "Authorized post-mortem official" means: (A) The chief medical examiner; (B) A county medical examiner; (C) A medical investigator; (D) A coroner; (E) A deputy or assistant state medical examiner or forensic pathologist under the control or direction of the chief medical examiner; or (F) A deputy or assistant county medical examiner or forensic pathologist under the control or direction of a county medical examiner; and (2) "Case under investigation" means any time during which an authorized post-mortem official conducts an investigation into a case of death. Amended by 2014 Tenn. Acts, ch. 944,s 2, eff. 5/19/2014. Acts 1994, ch. 775, § 15.
(a) An authorized post-mortem official acting under the control or direction of the chief medical examiner or a county medical examiner or performing an investigation pursuant to a court order or an order of a district attorney general is authorized to obtain, upon written request, or may subpoena through the appropriate district attorney general, all medical or hospital records maintained by individuals licensed under title 63 or by facilities licensed under title 68 that pertain to a case under investigation.
(b) An authorized post-mortem official acting under the control or direction of the chief medical examiner or a county medical examiner or performing an investigation pursuant to a court order or an order of a district attorney general is authorized, through the appropriate district attorney general, to obtain, by judicial subpoena or through a court order in accordance with § 33-3-105 , all records maintained by facilities licensed under title 33 that pertain to a case under investigation.
(c) As used in this section: (1) "Authorized post-mortem official" means: (A) The chief medical examiner; (B) A county medical examiner; (C) A medical investigator; (D) A coroner; (E) A deputy or assistant state medical examiner or forensic pathologist under the control or direction of the chief medical examiner; or (F) A deputy or assistant county medical examiner or forensic pathologist under the control or direction of a county medical examiner; and (2) "Case under investigation" means any time during which an authorized post-mortem official conducts an investigation into a case of death.
(1) "Authorized post-mortem official" means: (A) The chief medical examiner; (B) A county medical examiner; (C) A medical investigator; (D) A coroner; (E) A deputy or assistant state medical examiner or forensic pathologist under the control or direction of the chief medical examiner; or (F) A deputy or assistant county medical examiner or forensic pathologist under the control or direction of a county medical examiner; and
(A) The chief medical examiner;
(B) A county medical examiner;
(C) A medical investigator;
(D) A coroner;
(E) A deputy or assistant state medical examiner or forensic pathologist under the control or direction of the chief medical examiner; or
(F) A deputy or assistant county medical examiner or forensic pathologist under the control or direction of a county medical examiner; and
(2) "Case under investigation" means any time during which an authorized post-mortem official conducts an investigation into a case of death.
Amended by 2014 Tenn. Acts, ch. 944,s 2, eff. 5/19/2014.
Acts 1994, ch. 775, § 15.
Tenn. Code Ann. § 38-8-301 — TN Code / Title 38 / Chapter 8 / Section 38-8-301
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Committee" means a police advisory and review committee; (2) "Head of a law enforcement agency" means a chief of police of a municipal police force or a county sheriff, as applicable; (3) "Internal affairs unit" means a division of a local law enforcement agency that investigates allegations of misconduct by law enforcement officers employed by the agency; (4) "Law enforcement officer" means any person employed by any law enforcement agency of a local government entity, excluding a head of a law enforcement agency, who has a duty imposed by law to: (A) Maintain public order; (B) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and (C) Investigate the commission or suspected commission of offenses; (5) "Local governing body" means the city council, city commission, county commission, metropolitan council, or board of mayor and aldermen of a city; (6) "Local government entity" means any city, town, municipality, county, including any county having a metropolitan form of government in this state; (7) "Local law enforcement agency" means: (A) Within the territory of a municipality, the municipal police force; (B) Within the territory of a county having a metropolitan form of government, the metropolitan police force; or (C) Within the unincorporated territory of a county, the sheriff's office; and (8) "Mayor" means the officer vested by either the city or county charter or general law with the executive powers of a local government entity. Amended by 2023 Tenn. Acts, ch. 454, s 1, eff. 7/1/2023. Acts 1989, ch. 398, § 1.
As used in this part, unless the context otherwise requires:
(1) "Committee" means a police advisory and review committee;
(2) "Head of a law enforcement agency" means a chief of police of a municipal police force or a county sheriff, as applicable;
(3) "Internal affairs unit" means a division of a local law enforcement agency that investigates allegations of misconduct by law enforcement officers employed by the agency;
(4) "Law enforcement officer" means any person employed by any law enforcement agency of a local government entity, excluding a head of a law enforcement agency, who has a duty imposed by law to: (A) Maintain public order; (B) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and (C) Investigate the commission or suspected commission of offenses;
(A) Maintain public order;
(B) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and
(C) Investigate the commission or suspected commission of offenses;
(5) "Local governing body" means the city council, city commission, county commission, metropolitan council, or board of mayor and aldermen of a city;
(6) "Local government entity" means any city, town, municipality, county, including any county having a metropolitan form of government in this state;
(7) "Local law enforcement agency" means: (A) Within the territory of a municipality, the municipal police force; (B) Within the territory of a county having a metropolitan form of government, the metropolitan police force; or (C) Within the unincorporated territory of a county, the sheriff's office; and
(A) Within the territory of a municipality, the municipal police force;
(B) Within the territory of a county having a metropolitan form of government, the metropolitan police force; or
(C) Within the unincorporated territory of a county, the sheriff's office; and
(8) "Mayor" means the officer vested by either the city or county charter or general law with the executive powers of a local government entity.
Amended by 2023 Tenn. Acts, ch. 454, s 1, eff. 7/1/2023.
Acts 1989, ch. 398, § 1.
Tenn. Code Ann. § 38-1-602 — TN Code / Title 38 / Chapter 1 / Section 38-1-602
Wireless telecommunications service provider to provide call location information to law enforcement agency - Obtaining contact information for all service providers
Status: in_force

(a) Upon request of a law enforcement agency, a wireless telecommunications service provider shall provide call location information concerning the telecommunications device of the user in order for the requesting law enforcement agency to respond to a call for emergency services or an emergency situation that involves the risk of death or serious physical harm. The wireless telecommunications service provider shall provide the most accurate call location information available, given the technical and other limitations that may affect the accuracy of the call location information in the relevant area. (b) The department shall obtain contact information for all wireless telecommunications service providers authorized to do business in this state in order to facilitate a request from a law enforcement agency for call location information in accordance with this section. (c) When requested by a law enforcement agency, the public safety answering point of the enhanced 911 statewide system, authorized by title 7, chapter 86, part 3, shall assist the agency in obtaining call location information from wireless telecommunications service providers. Such assistance shall be provided only upon the requesting agency providing information establishing that the call location information is necessary to assist the agency in responding to a call for emergency services or to an emergency situation that involves the risk of death or serious physical harm. Acts 2012, ch. 815, § 2.
(a) Upon request of a law enforcement agency, a wireless telecommunications service provider shall provide call location information concerning the telecommunications device of the user in order for the requesting law enforcement agency to respond to a call for emergency services or an emergency situation that involves the risk of death or serious physical harm. The wireless telecommunications service provider shall provide the most accurate call location information available, given the technical and other limitations that may affect the accuracy of the call location information in the relevant area.
(b) The department shall obtain contact information for all wireless telecommunications service providers authorized to do business in this state in order to facilitate a request from a law enforcement agency for call location information in accordance with this section.
(c) When requested by a law enforcement agency, the public safety answering point of the enhanced 911 statewide system, authorized by title 7, chapter 86, part 3, shall assist the agency in obtaining call location information from wireless telecommunications service providers. Such assistance shall be provided only upon the requesting agency providing information establishing that the call location information is necessary to assist the agency in responding to a call for emergency services or to an emergency situation that involves the risk of death or serious physical harm.
Acts 2012, ch. 815, § 2.
Tenn. Code Ann. § 38-6-106 — TN Code / Title 38 / Chapter 6 / Section 38-6-106
Requests for investigative records - Background checks of appointees
Status: in_force

(a) Any request for investigative records by the governor, speaker of the senate, speaker of the house of representatives or supreme court chief justice shall be in writing and shall state specifically the reasons for such request. All such written requests shall be signed by the governor, speaker of the senate, speaker of the house of representatives or chief justice and not the governor's, speaker's or chief justice's agent or designee. (b) The governor, speaker of the senate, speaker of the house of representatives, and chief justice are authorized to request the director of the Tennessee bureau of investigation to conduct a background investigation concerning a person who has asked or agreed to be considered by the governor, speaker of the senate, speaker of the house of representatives, or chief justice for appointment to a position of trust and responsibility, including, but not limited to, positions relating to homeland security. Upon the request of the governor, speaker of the senate, speaker of the house of representatives, or chief justice, the director shall conduct the investigation and report the results to the governor, speaker of the senate, speaker of the house of representatives, or chief justice, either verbally or in writing, as the governor, speaker of the senate, speaker of the house of representatives, or chief justice may direct. The chair of the nominating commission appointed pursuant to § 38-6-101 may request a background investigation concerning a person who is under consideration by the nominating commission as a potential candidate for recommendation to the governor as a nominee for the position of director of the Tennessee bureau of investigation. The commission may contract with a law enforcement agency to conduct the investigation. The investigation must include fingerprinting of the applicant for a state and national criminal history background review. The law enforcement agency with which the nominating commission contracts shall report the results to the chair of the nominating commission, either verbally or in writing, as the chair of the nominating commission may direct. (c) All confidential information reported to the governor, speaker of the senate, speaker of the house of representatives or chief justice pursuant to subsection (b) shall remain confidential. Any background investigation requested by a nominating commission appointed pursuant to § 38-6-101 , and any background investigation delivered to the governor by the commission, shall be treated as confidential. (d) The commission appointed pursuant to § 38-6-101 is authorized to contract with a private entity for other services, including, but not limited to, recruiting and screening applicants. Names of applicants and related records shall remain confidential, except to the extent such records are received by the commission; provided, however, that background investigations, and information that would remain confidential pursuant to § 10-7-504 , if such applicants were employees of the state, shall remain confidential, even after receipt by the commission and the governor. (e) The authority granted by this section to the chief justice of the supreme court to request the Tennessee bureau of investigation to conduct background investigations is limited to investigations of persons applying or considered for the positions of: (1) Attorney general and reporter; (2) Clerk of the supreme court (appellate court clerk); (3) Administrative director of the courts; (4) Executive director, Tennessee lawyers' assistance program; (5) Chief disciplinary counsel, board of professional responsibility; (6) Executive director, Tennessee commission on continuing legal education and specialization; and (7) Executive director, Tennessee lawyers' fund for client protection. (f) The authority granted by this section to the speaker of the senate and speaker of the house of representatives to request the Tennessee bureau of investigation to conduct background investigations is limited to fifteen (15) requests per calendar year per speaker. (g) In addition to the authorization of the speaker of the senate and the speaker of the house of representatives to request the director of the Tennessee bureau of investigation to conduct a background investigation concerning persons under consideration for appointment to a position of trust and responsibility, the chair of any standing committee to which the governor's notice of appointment has been referred pursuant to § 17-4-102 shall be provided with a background investigation of any gubernatorial appointee to the position of judge of the supreme court, court of appeals, or court of criminal appeals whose appointment will be considered by the committee as provided in § 17-4-102 . The background investigation must include fingerprint submissions of the potential appointee to both the Tennessee bureau of investigation and federal bureau of investigation. The Tennessee bureau of investigation may contract with the federal bureau of investigation, another law enforcement agency, or another legally authorized entity to assist in the investigation. Any report provided to the chair of the committee shall be treated as a confidential record that is not open to public inspection. (h) Persons applying or being considered for the following positions of trust and responsibility must provide fingerprint submissions to the Tennessee bureau of investigation and federal bureau of investigation for a criminal history review: (1) A commissioner of a department of the executive branch; (2) A general counsel position at a department of the executive branch; (3) A pilot employed by the Tennessee department of transportation; and (4) Law enforcement personnel entrusted with the protection of the governor. Amended by 2023 Tenn. Acts, ch. 433, s 3, eff. 5/11/2023. Amended by 2023 Tenn. Acts, ch. 433, s 2, eff. 5/11/2023. Amended by 2023 Tenn. Acts, ch. 433, s 1, eff. 5/11/2023. Amended by 2022 Tenn. Acts, ch. 977, Secs.s 1, s 2 eff. 5/3/2022. Amended by 2016 Tenn. Acts, ch. 528, s 20, eff. 1/28/2016. Acts 1980, ch. 636, § 14; T.C.A., § 38-506; Acts 1988, ch. 711, § 1; 2004, ch. 528, § 1; 2004, ch. 903, § 1; 2011 , ch. 395, §§ 1-4.
(a) Any request for investigative records by the governor, speaker of the senate, speaker of the house of representatives or supreme court chief justice shall be in writing and shall state specifically the reasons for such request. All such written requests shall be signed by the governor, speaker of the senate, speaker of the house of representatives or chief justice and not the governor's, speaker's or chief justice's agent or designee.
(b) The governor, speaker of the senate, speaker of the house of representatives, and chief justice are authorized to request the director of the Tennessee bureau of investigation to conduct a background investigation concerning a person who has asked or agreed to be considered by the governor, speaker of the senate, speaker of the house of representatives, or chief justice for appointment to a position of trust and responsibility, including, but not limited to, positions relating to homeland security. Upon the request of the governor, speaker of the senate, speaker of the house of representatives, or chief justice, the director shall conduct the investigation and report the results to the governor, speaker of the senate, speaker of the house of representatives, or chief justice, either verbally or in writing, as the governor, speaker of the senate, speaker of the house of representatives, or chief justice may direct. The chair of the nominating commission appointed pursuant to § 38-6-101 may request a background investigation concerning a person who is under consideration by the nominating commission as a potential candidate for recommendation to the governor as a nominee for the position of director of the Tennessee bureau of investigation. The commission may contract with a law enforcement agency to conduct the investigation. The investigation must include fingerprinting of the applicant for a state and national criminal history background review. The law enforcement agency with which the nominating commission contracts shall report the results to the chair of the nominating commission, either verbally or in writing, as the chair of the nominating commission may direct.
(c) All confidential information reported to the governor, speaker of the senate, speaker of the house of representatives or chief justice pursuant to subsection (b) shall remain confidential. Any background investigation requested by a nominating commission appointed pursuant to § 38-6-101 , and any background investigation delivered to the governor by the commission, shall be treated as confidential.
(d) The commission appointed pursuant to § 38-6-101 is authorized to contract with a private entity for other services, including, but not limited to, recruiting and screening applicants. Names of applicants and related records shall remain confidential, except to the extent such records are received by the commission; provided, however, that background investigations, and information that would remain confidential pursuant to § 10-7-504 , if such applicants were employees of the state, shall remain confidential, even after receipt by the commission and the governor.
(e) The authority granted by this section to the chief justice of the supreme court to request the Tennessee bureau of investigation to conduct background investigations is limited to investigations of persons applying or considered for the positions of: (1) Attorney general and reporter; (2) Clerk of the supreme court (appellate court clerk); (3) Administrative director of the courts; (4) Executive director, Tennessee lawyers' assistance program; (5) Chief disciplinary counsel, board of professional responsibility; (6) Executive director, Tennessee commission on continuing legal education and specialization; and (7) Executive director, Tennessee lawyers' fund for client protection.
(1) Attorney general and reporter;
(2) Clerk of the supreme court (appellate court clerk);
(3) Administrative director of the courts;
(4) Executive director, Tennessee lawyers' assistance program;
(5) Chief disciplinary counsel, board of professional responsibility;
(6) Executive director, Tennessee commission on continuing legal education and specialization; and
(7) Executive director, Tennessee lawyers' fund for client protection.
(f) The authority granted by this section to the speaker of the senate and speaker of the house of representatives to request the Tennessee bureau of investigation to conduct background investigations is limited to fifteen (15) requests per calendar year per speaker.
(g) In addition to the authorization of the speaker of the senate and the speaker of the house of representatives to request the director of the Tennessee bureau of investigation to conduct a background investigation concerning persons under consideration for appointment to a position of trust and responsibility, the chair of any standing committee to which the governor's notice of appointment has been referred pursuant to § 17-4-102 shall be provided with a background investigation of any gubernatorial appointee to the position of judge of the supreme court, court of appeals, or court of criminal appeals whose appointment will be considered by the committee as provided in § 17-4-102 . The background investigation must include fingerprint submissions of the potential appointee to both the Tennessee bureau of investigation and federal bureau of investigation. The Tennessee bureau of investigation may contract with the federal bureau of investigation, another law enforcement agency, or another legally authorized entity to assist in the investigation. Any report provided to the chair of the committee shall be treated as a confidential record that is not open to public inspection.
(h) Persons applying or being considered for the following positions of trust and responsibility must provide fingerprint submissions to the Tennessee bureau of investigation and federal bureau of investigation for a criminal history review: (1) A commissioner of a department of the executive branch; (2) A general counsel position at a department of the executive branch; (3) A pilot employed by the Tennessee department of transportation; and (4) Law enforcement personnel entrusted with the protection of the governor.
(1) A commissioner of a department of the executive branch;
(2) A general counsel position at a department of the executive branch;
(3) A pilot employed by the Tennessee department of transportation; and
(4) Law enforcement personnel entrusted with the protection of the governor.
Amended by 2023 Tenn. Acts, ch. 433, s 3, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 433, s 2, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 433, s 1, eff. 5/11/2023.
Amended by 2022 Tenn. Acts, ch. 977, Secs.s 1, s 2 eff. 5/3/2022.
Amended by 2016 Tenn. Acts, ch. 528, s 20, eff. 1/28/2016.
Acts 1980, ch. 636, § 14; T.C.A., § 38-506; Acts 1988, ch. 711, § 1; 2004, ch. 528, § 1; 2004, ch. 903, § 1; 2011 , ch. 395, §§ 1-4.
Tenn. Code Ann. § 38-5-101 — TN Code / Title 38 / Chapter 5 / Section 38-5-101
Affidavit required to hold inquest
Status: in_force

No inquest shall be held by the coroner or any court of general sessions over the dead body of any person until an affidavit, in writing, is made and signed by two (2) or more reliable persons, averring the death of the person and that there is good reason to believe that the person died by unlawful violence at the hands of some other person; and without the affidavit, in writing, the coroner or court shall have no jurisdiction to hold an inquest over the dead body of any person, and all proceedings without the affidavit shall be utterly void and useless. Unless this section is literally, rigidly, and strictly complied with, and the affidavit filed with the papers, the coroner or court shall receive no fees or compensation for holding the inquest. Acts 1895, ch. 31, § 1; Shan., § 7274; Code 1932, §11876; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 38-401.
No inquest shall be held by the coroner or any court of general sessions over the dead body of any person until an affidavit, in writing, is made and signed by two (2) or more reliable persons, averring the death of the person and that there is good reason to believe that the person died by unlawful violence at the hands of some other person; and without the affidavit, in writing, the coroner or court shall have no jurisdiction to hold an inquest over the dead body of any person, and all proceedings without the affidavit shall be utterly void and useless. Unless this section is literally, rigidly, and strictly complied with, and the affidavit filed with the papers, the coroner or court shall receive no fees or compensation for holding the inquest.
Acts 1895, ch. 31, § 1; Shan., § 7274; Code 1932, §11876; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 38-401.
Tenn. Code Ann. § 38-7-107 — TN Code / Title 38 / Chapter 7 / Section 38-7-107
Disinterment to perform autopsy
Status: in_force

(a) (1) When a person's death occurs under any of the circumstances set out in this part, any of the following persons may request the district attorney general in the district where the body is buried or interred to petition the appropriate circuit or criminal court judge in the district where a body is buried or interred to order a body disinterred: (A) A state or county medical examiner; (B) The district attorney general of the district in which it is claimed the death occurred; (C) The district attorney general of the district in which an act causing the death occurred; or (D) The district attorney general of the district in which the body is buried or interred, in the general's own discretion. (2) The grounds for disinterment under this subsection (a) are: (A) The person's death occurred under one (1) of the circumstances set out in this part; (B) The person was buried or interred before an autopsy could be performed; or (C) The disinterment will substantially assist in the collection of evidence for a pending criminal investigation, regardless of whether an autopsy was previously performed, or DNA, scientific, or forensic evidence was collected. (3) The petition shall specify whether the district attorney general is requesting disinterment for the performance of an autopsy, to collect scientific or forensic evidence, to collect a DNA specimen from the deceased, or any combination of the three (3). (4) The petition shall set forth the district attorney general's belief that the death in question is subject to post-mortem examination or autopsy as provided by this part and the reasons that support the district attorney general's belief as to the circumstances of the death. When known or reasonably ascertainable, a copy of the petition shall be served upon the next of kin of the deceased. (5) The petition may be presented during a term of court or in vacation and in: (A) The county in which it is claimed that the death occurred; (B) The county in which the act causing the death occurred; or (C) Any other county of a judicial district in which circumstances leading to the death were likely to have occurred. (6) The judge hearing a petition under this subsection (a) shall have the power and authority to rule upon the petition in any county in which the judge has jurisdiction. (b) Upon the presentation of the petition to the judge, the judge shall be authorized to consider the petition and in the exercise of sound judicial discretion, either make or deny an order authorizing the disinterment and an autopsy to be performed upon the body of the deceased. The cost of disinterment and autopsy shall be paid by the state as provided in § 38-1-104 . Amended by 2016 Tenn. Acts, ch. 799,s 1, eff. 7/1/2016. Acts 1961, ch. 174, § 6; 1965, ch. 136, § 1; 1967, ch. 399, § 3; 1973, ch. 195, § 2; T.C.A., § 38-707; Acts 1994, ch. 775, § 6.
(a) (1) When a person's death occurs under any of the circumstances set out in this part, any of the following persons may request the district attorney general in the district where the body is buried or interred to petition the appropriate circuit or criminal court judge in the district where a body is buried or interred to order a body disinterred: (A) A state or county medical examiner; (B) The district attorney general of the district in which it is claimed the death occurred; (C) The district attorney general of the district in which an act causing the death occurred; or (D) The district attorney general of the district in which the body is buried or interred, in the general's own discretion. (2) The grounds for disinterment under this subsection (a) are: (A) The person's death occurred under one (1) of the circumstances set out in this part; (B) The person was buried or interred before an autopsy could be performed; or (C) The disinterment will substantially assist in the collection of evidence for a pending criminal investigation, regardless of whether an autopsy was previously performed, or DNA, scientific, or forensic evidence was collected. (3) The petition shall specify whether the district attorney general is requesting disinterment for the performance of an autopsy, to collect scientific or forensic evidence, to collect a DNA specimen from the deceased, or any combination of the three (3). (4) The petition shall set forth the district attorney general's belief that the death in question is subject to post-mortem examination or autopsy as provided by this part and the reasons that support the district attorney general's belief as to the circumstances of the death. When known or reasonably ascertainable, a copy of the petition shall be served upon the next of kin of the deceased. (5) The petition may be presented during a term of court or in vacation and in: (A) The county in which it is claimed that the death occurred; (B) The county in which the act causing the death occurred; or (C) Any other county of a judicial district in which circumstances leading to the death were likely to have occurred. (6) The judge hearing a petition under this subsection (a) shall have the power and authority to rule upon the petition in any county in which the judge has jurisdiction.
(1) When a person's death occurs under any of the circumstances set out in this part, any of the following persons may request the district attorney general in the district where the body is buried or interred to petition the appropriate circuit or criminal court judge in the district where a body is buried or interred to order a body disinterred: (A) A state or county medical examiner; (B) The district attorney general of the district in which it is claimed the death occurred; (C) The district attorney general of the district in which an act causing the death occurred; or (D) The district attorney general of the district in which the body is buried or interred, in the general's own discretion.
(A) A state or county medical examiner;
(B) The district attorney general of the district in which it is claimed the death occurred;
(C) The district attorney general of the district in which an act causing the death occurred; or
(D) The district attorney general of the district in which the body is buried or interred, in the general's own discretion.
(2) The grounds for disinterment under this subsection (a) are: (A) The person's death occurred under one (1) of the circumstances set out in this part; (B) The person was buried or interred before an autopsy could be performed; or (C) The disinterment will substantially assist in the collection of evidence for a pending criminal investigation, regardless of whether an autopsy was previously performed, or DNA, scientific, or forensic evidence was collected.
(A) The person's death occurred under one (1) of the circumstances set out in this part;
(B) The person was buried or interred before an autopsy could be performed; or
(C) The disinterment will substantially assist in the collection of evidence for a pending criminal investigation, regardless of whether an autopsy was previously performed, or DNA, scientific, or forensic evidence was collected.
(3) The petition shall specify whether the district attorney general is requesting disinterment for the performance of an autopsy, to collect scientific or forensic evidence, to collect a DNA specimen from the deceased, or any combination of the three (3).
(4) The petition shall set forth the district attorney general's belief that the death in question is subject to post-mortem examination or autopsy as provided by this part and the reasons that support the district attorney general's belief as to the circumstances of the death. When known or reasonably ascertainable, a copy of the petition shall be served upon the next of kin of the deceased.
(5) The petition may be presented during a term of court or in vacation and in: (A) The county in which it is claimed that the death occurred; (B) The county in which the act causing the death occurred; or (C) Any other county of a judicial district in which circumstances leading to the death were likely to have occurred.
(A) The county in which it is claimed that the death occurred;
(B) The county in which the act causing the death occurred; or
(C) Any other county of a judicial district in which circumstances leading to the death were likely to have occurred.
(6) The judge hearing a petition under this subsection (a) shall have the power and authority to rule upon the petition in any county in which the judge has jurisdiction.
(b) Upon the presentation of the petition to the judge, the judge shall be authorized to consider the petition and in the exercise of sound judicial discretion, either make or deny an order authorizing the disinterment and an autopsy to be performed upon the body of the deceased. The cost of disinterment and autopsy shall be paid by the state as provided in § 38-1-104 .
Amended by 2016 Tenn. Acts, ch. 799,s 1, eff. 7/1/2016.
Acts 1961, ch. 174, § 6; 1965, ch. 136, § 1; 1967, ch. 399, § 3; 1973, ch. 195, § 2; T.C.A., § 38-707; Acts 1994, ch. 775, § 6.
Tenn. Code Ann. § 38-8-122 — TN Code / Title 38 / Chapter 8 / Section 38-8-122
Substitution of training in courthouse security for continuing education hours
Status: in_force

A law enforcement officer may substitute a maximum of forty (40) hours of successfully completed training in courthouse security for regular continuing education hours. Acts 2008, ch. 1152, § 2.
A law enforcement officer may substitute a maximum of forty (40) hours of successfully completed training in courthouse security for regular continuing education hours.
Acts 2008, ch. 1152, § 2.