Tenn. Code Ann. § 40-36-302 — TN Code / Title 40 / Chapter 36 / Section 40-36-302
Community-based options and services
Status: in_force

(a) Community corrections funds can be used to develop or expand the range of community punishments and services at the local level. Community-based program options may include, but are not limited to, the following: (1) Noncustodial community corrections options that involve close supervision but that do not involve housing of the offender in a jail, workhouse or community facility. Examples include, but are not limited to: (A) Community service supervision; (B) Victim restitution supervision and victim-offender mediation; (C) Alcohol or drug outpatient treatment; (D) House arrest; and (E) Psychiatric counseling; (2) (A) Short-term community residential treatment options that involve close supervision in a residential setting. Examples include, but are not limited to: (i) Emergency shelters; (ii) Detoxification centers; (iii) Community residential restitution centers for nonviolent offenders and probation and parole violators; (iv) Community residential treatment centers for special needs offenders and probation and parole violators; and (v) Inpatient drug or alcohol treatment; (B) The residential options are not intended to create overcrowding in the local jail, but rather to develop additional small community-based facilities whose focus is on treatment rather than detention; (3) Enrolling community corrections participants in residential in-house drug and alcohol treatment for detoxification and counseling. Enrollments shall be based upon an objective assessment that a participant is alcohol or drug dependent and requires detoxification. Awards for detoxification services shall only be made for inpatient services; and (4) Individualized services that evaluate and treat the special needs of the population served under this chapter. Services to the court to assist in the evaluation and screening of eligible candidates may include the purchase of psychological, medical, educational or vocational, drug or alcohol urine screening and client specific plan diagnostic evaluations. Other services that may be purchased on an individualized basis may include job training, alcohol or drug counseling, individual or family counseling, adult education programming that includes preparation and testing toward obtaining a high school equivalency credential approved by the state board of education, or transportation subsidies. These services are intended to fill gaps in the local community correctional system and to enable the nonviolent offender to be treated near the offender's home. (b) The options set out in subsection (a) may be used in conjunction with a period of shock incarceration or in conjunction with a term of probation and/or a term of split confinement or periodic confinement as provided in chapter 35 of this title. (c) Community corrections funds may also be used to acquire, renovate and operate community facilities established to provide the options and services set forth in subsection (a). (d) Counties may provide or contract with qualified proprietary, nonprofit or governmental entities for the provision of services under this chapter. (e) Any options or services established under this chapter shall serve offenders from the entire judicial district in which the county is located. (f) Any community-based program set out in subsection (a) that provides housing for alternatively sentenced criminal offenders shall notify the chief law enforcement officer of the county and the chief law enforcement officer of the municipality in which the housing facilities exist of the identity, criminal record and location of the alternatively sentenced criminal offenders proposed to be located at the facilities. The notices shall be in compliance with the confidentiality provisions of title 33 and shall also meet the privacy requirements of the federal Health Insurance Portability and Accountability Act of 1996, ( 42 U.S.C. § 1320d et seq.) Amended by 2023 Tenn. Acts, ch. 114,s 9, eff. 7/1/2023. Acts 1985 (1st Ex. Sess.), ch. 3, § 10; 1986, ch. 731, § 3; 2003 , ch. 287, § 1.
(a) Community corrections funds can be used to develop or expand the range of community punishments and services at the local level. Community-based program options may include, but are not limited to, the following: (1) Noncustodial community corrections options that involve close supervision but that do not involve housing of the offender in a jail, workhouse or community facility. Examples include, but are not limited to: (A) Community service supervision; (B) Victim restitution supervision and victim-offender mediation; (C) Alcohol or drug outpatient treatment; (D) House arrest; and (E) Psychiatric counseling; (2) (A) Short-term community residential treatment options that involve close supervision in a residential setting. Examples include, but are not limited to: (i) Emergency shelters; (ii) Detoxification centers; (iii) Community residential restitution centers for nonviolent offenders and probation and parole violators; (iv) Community residential treatment centers for special needs offenders and probation and parole violators; and (v) Inpatient drug or alcohol treatment; (B) The residential options are not intended to create overcrowding in the local jail, but rather to develop additional small community-based facilities whose focus is on treatment rather than detention; (3) Enrolling community corrections participants in residential in-house drug and alcohol treatment for detoxification and counseling. Enrollments shall be based upon an objective assessment that a participant is alcohol or drug dependent and requires detoxification. Awards for detoxification services shall only be made for inpatient services; and (4) Individualized services that evaluate and treat the special needs of the population served under this chapter. Services to the court to assist in the evaluation and screening of eligible candidates may include the purchase of psychological, medical, educational or vocational, drug or alcohol urine screening and client specific plan diagnostic evaluations. Other services that may be purchased on an individualized basis may include job training, alcohol or drug counseling, individual or family counseling, adult education programming that includes preparation and testing toward obtaining a high school equivalency credential approved by the state board of education, or transportation subsidies. These services are intended to fill gaps in the local community correctional system and to enable the nonviolent offender to be treated near the offender's home.
(1) Noncustodial community corrections options that involve close supervision but that do not involve housing of the offender in a jail, workhouse or community facility. Examples include, but are not limited to: (A) Community service supervision; (B) Victim restitution supervision and victim-offender mediation; (C) Alcohol or drug outpatient treatment; (D) House arrest; and (E) Psychiatric counseling;
(A) Community service supervision;
(B) Victim restitution supervision and victim-offender mediation;
(C) Alcohol or drug outpatient treatment;
(D) House arrest; and
(E) Psychiatric counseling;
(2) (A) Short-term community residential treatment options that involve close supervision in a residential setting. Examples include, but are not limited to: (i) Emergency shelters; (ii) Detoxification centers; (iii) Community residential restitution centers for nonviolent offenders and probation and parole violators; (iv) Community residential treatment centers for special needs offenders and probation and parole violators; and (v) Inpatient drug or alcohol treatment; (B) The residential options are not intended to create overcrowding in the local jail, but rather to develop additional small community-based facilities whose focus is on treatment rather than detention;
(A) Short-term community residential treatment options that involve close supervision in a residential setting. Examples include, but are not limited to: (i) Emergency shelters; (ii) Detoxification centers; (iii) Community residential restitution centers for nonviolent offenders and probation and parole violators; (iv) Community residential treatment centers for special needs offenders and probation and parole violators; and (v) Inpatient drug or alcohol treatment;
(i) Emergency shelters;
(ii) Detoxification centers;
(iii) Community residential restitution centers for nonviolent offenders and probation and parole violators;
(iv) Community residential treatment centers for special needs offenders and probation and parole violators; and
(v) Inpatient drug or alcohol treatment;
(B) The residential options are not intended to create overcrowding in the local jail, but rather to develop additional small community-based facilities whose focus is on treatment rather than detention;
(3) Enrolling community corrections participants in residential in-house drug and alcohol treatment for detoxification and counseling. Enrollments shall be based upon an objective assessment that a participant is alcohol or drug dependent and requires detoxification. Awards for detoxification services shall only be made for inpatient services; and
(4) Individualized services that evaluate and treat the special needs of the population served under this chapter. Services to the court to assist in the evaluation and screening of eligible candidates may include the purchase of psychological, medical, educational or vocational, drug or alcohol urine screening and client specific plan diagnostic evaluations. Other services that may be purchased on an individualized basis may include job training, alcohol or drug counseling, individual or family counseling, adult education programming that includes preparation and testing toward obtaining a high school equivalency credential approved by the state board of education, or transportation subsidies. These services are intended to fill gaps in the local community correctional system and to enable the nonviolent offender to be treated near the offender's home.
(b) The options set out in subsection (a) may be used in conjunction with a period of shock incarceration or in conjunction with a term of probation and/or a term of split confinement or periodic confinement as provided in chapter 35 of this title.
(c) Community corrections funds may also be used to acquire, renovate and operate community facilities established to provide the options and services set forth in subsection (a).
(d) Counties may provide or contract with qualified proprietary, nonprofit or governmental entities for the provision of services under this chapter.
(e) Any options or services established under this chapter shall serve offenders from the entire judicial district in which the county is located.
(f) Any community-based program set out in subsection (a) that provides housing for alternatively sentenced criminal offenders shall notify the chief law enforcement officer of the county and the chief law enforcement officer of the municipality in which the housing facilities exist of the identity, criminal record and location of the alternatively sentenced criminal offenders proposed to be located at the facilities. The notices shall be in compliance with the confidentiality provisions of title 33 and shall also meet the privacy requirements of the federal Health Insurance Portability and Accountability Act of 1996, ( 42 U.S.C. § 1320d et seq.)
Amended by 2023 Tenn. Acts, ch. 114,s 9, eff. 7/1/2023.
Acts 1985 (1st Ex. Sess.), ch. 3, § 10; 1986, ch. 731, § 3; 2003 , ch. 287, § 1.
Tenn. Code Ann. § 40-39-204 — TN Code / Title 40 / Chapter 39 / Section 40-39-204
Entering required data on SOR for verification, identification, and enforcement - Reporting to update information or registration form - Administrative costs - TBI as central repository - Tolling of registration requirements - Exemptions
Status: in_force

(a) The TBI shall maintain and make available a connection to the SOR for all criminal justice agencies with TIES internet capabilities, by which registering agencies shall enter original, current and accurate data required by this part. The TBI shall provide viewing and limited write access directly to the SOR through the TIES internet to registering agencies for the entry of record verification data, changes of residence, employment or other pertinent data required by this part and to assist in offender identification. Registering agencies should immediately, but in no case to exceed twelve (12) hours from registration, enter all data received from the offender as required by the TBI and § 40-39-203(i) , into the TIES internet for the enforcement of this part by TBI, designated law enforcement agencies, TDOC, and private contractors with TDOC. (b) (1) Violent sexual offenders shall report in person during the months of March, June, September, and December of each calendar year, to the designated law enforcement agency, on a date established by such agency, to update the offender's fingerprints, palm prints and photograph, as determined necessary by the agency, and to verify the continued accuracy of the information in the TBI registration form. Offenders who reside in nursing homes and assisted living facilities and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities are exempt from the in-person reporting and fingerprinting, as otherwise provided by this part. At the time of the violent offender's initial registration or initial reporting date for the calendar year, the violent sexual offender shall pay the specified administrative costs, not to exceed one hundred fifty dollars ($150), one hundred dollars ($100) of which shall be retained by the designated law enforcement agency to be used for the purchase of equipment, to defray personnel and maintenance costs and any other expenses incurred as a result of the implementation of this part. The remaining fifty dollars ($50.00) shall be remitted by the registering agency to the state treasury to be deposited into the general fund of the state. Offenders who reside in nursing homes and assisted living facilities and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities are exempt from paying the administrative cost as otherwise provided by this part. (2) At least once during the months of March, June, September, and December of each calendar year, all violent juvenile sexual offenders shall report in person to the offender's registering agency to update the offender's fingerprints, palm prints and photograph, as determined necessary by the agency, and to verify the continued accuracy of the information transmitted to the TBI by the registering agency as defined in § 40-39-202 . Offenders in custody shall register as set out in § 40-39-203(b)(1) . (c) Once a year, all sexual offenders shall report in person, no earlier than seven (7) calendar days before and no later than seven (7) calendar days after the offender's date of birth, to the designated law enforcement agency to update the offender's fingerprints, palm prints and photograph, as determined necessary by the agency, to verify the continued accuracy of the information in the TBI registration form and to pay the specified administrative costs, not to exceed one hundred fifty dollars ($150), one hundred dollars ($100) of which shall be retained by the designated law enforcement agency to be used for the purchase of equipment, to defray personnel and maintenance costs and any other expenses incurred as a result of the implementation of this part. The remaining fifty dollars ($50.00) shall be submitted by the registering agency to the state treasury to be deposited in the general fund of the state. Offenders whose initial registration occurs after the annual reporting period shall be required to pay the administrative costs at the time of the initial registration. Offenders who reside in nursing homes and assisted living facilities and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities are exempt from the in-person reporting and fingerprinting and administrative cost as otherwise provided by this part. However, if an offender is released or discharged from a nursing home, assisted living facility or mental health institution or is no longer continuously confined to home or a health care facility due to mental or physical disabilities, the offender shall, within forty-eight (48) hours, register in person with the designated law enforcement agency, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) . If the offender has previously registered prior to the release or discharge, the offender shall, within forty-eight (48) hours, report in person to the designated law enforcement agency and update all information pursuant to this section. (d) Within three (3) days after the offender's verification, the designated law enforcement agency with whom the offender verified shall send by United States postal service or by electronic means the original signed TBI registration form containing information required by § 40-39-203(i) to TBI headquarters in Nashville. The TBI shall be the state central repository for all original TBI registration forms and any other forms required by § 40-39-207 that are deemed necessary for the enforcement of this part. The designated law enforcement agency shall retain a duplicate copy of the TBI registration form as a part of the business records for that agency. (e) If a person required to register under this part is reincarcerated for another offense or as the result of having violated the terms of probation, parole, conditional discharge or any other form of alternative sentencing, the offender shall immediately report the offender's status as a sexual offender or violent sexual offender to the facility where the offender is incarcerated or detained and notify the offender's appropriate registering agency, if different, that the offender is currently being detained or incarcerated. Registration, verification and tracking requirements for such persons are tolled during the subsequent incarceration. Within forty-eight (48) hours of the release from any subsequent reincarcerations, the offender shall register with the appropriate designated law enforcement agency. Likewise, if a person who is required to register under this part is deported from this country, the registration, verification and tracking requirements for such persons are tolled during the period of deportation. Within forty-eight (48) hours of the return to this state after deportation, the offender shall register with the appropriate designated law enforcement agency. (f) Offenders who reside in nursing homes and assisted living facilities and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities shall be exempted from the in-person reporting, fingerprinting and administrative cost requirements; however, it shall be the responsibility of the offender, the offender's guardian, the person holding the offender's power of attorney or, in the absence thereof, the administrator of the facility, to report any changes in the residential status to TBI headquarters in Nashville by United States postal service. Further, if an offender is released or discharged from a nursing home, assisted living facility, mental health institution or is no longer continuously confined to home or a health care facility due to mental or physical disabilities, the offender shall, within forty-eight (48) hours, register in person with the designated law enforcement agency, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) . If the offender has previously registered prior to the release or discharge, the offender shall, within forty-eight (48) hours, report in person to the designated law enforcement agency and update all information pursuant to this section. (g) Offenders who do not maintain either a primary or secondary residence, as defined in this part, shall be considered homeless, and are subject to the reporting requirements of this part. The offenders who are considered homeless shall be required to report to their registering agency monthly. By the authority established in § 40-39-206(f) , the TBI shall develop tracking procedures for the continued verification and tracking of these offenders in the interest of public safety. (h) Each offender shall report to the designated law enforcement agency at least twenty-one (21) days before traveling out of the country; provided, that offenders who travel out of the country frequently for work or other legitimate purpose, with the written approval of the designated law enforcement agency, and offenders who travel out of the country for emergency situations shall report to the designated law enforcement agency at least twenty-four (24) hours before traveling out of the country. Amended by 2020 Tenn. Acts, ch. 668, Secs.s4, s5 eff. 4/2/2020. Amended by 2015 Tenn. Acts, ch. 516, s 5, eff. 7/1/2015. Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, §§ 15, 16; 2008 , ch. 1164, §§ 4, 16; 2010 , ch. 1138, §§ 16-18; 2011 , ch. 266, § 1; 2011 , ch. 483, § 13; 2012 , ch. 727, § 61.
(a) The TBI shall maintain and make available a connection to the SOR for all criminal justice agencies with TIES internet capabilities, by which registering agencies shall enter original, current and accurate data required by this part. The TBI shall provide viewing and limited write access directly to the SOR through the TIES internet to registering agencies for the entry of record verification data, changes of residence, employment or other pertinent data required by this part and to assist in offender identification. Registering agencies should immediately, but in no case to exceed twelve (12) hours from registration, enter all data received from the offender as required by the TBI and § 40-39-203(i) , into the TIES internet for the enforcement of this part by TBI, designated law enforcement agencies, TDOC, and private contractors with TDOC.
(b) (1) Violent sexual offenders shall report in person during the months of March, June, September, and December of each calendar year, to the designated law enforcement agency, on a date established by such agency, to update the offender's fingerprints, palm prints and photograph, as determined necessary by the agency, and to verify the continued accuracy of the information in the TBI registration form. Offenders who reside in nursing homes and assisted living facilities and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities are exempt from the in-person reporting and fingerprinting, as otherwise provided by this part. At the time of the violent offender's initial registration or initial reporting date for the calendar year, the violent sexual offender shall pay the specified administrative costs, not to exceed one hundred fifty dollars ($150), one hundred dollars ($100) of which shall be retained by the designated law enforcement agency to be used for the purchase of equipment, to defray personnel and maintenance costs and any other expenses incurred as a result of the implementation of this part. The remaining fifty dollars ($50.00) shall be remitted by the registering agency to the state treasury to be deposited into the general fund of the state. Offenders who reside in nursing homes and assisted living facilities and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities are exempt from paying the administrative cost as otherwise provided by this part. (2) At least once during the months of March, June, September, and December of each calendar year, all violent juvenile sexual offenders shall report in person to the offender's registering agency to update the offender's fingerprints, palm prints and photograph, as determined necessary by the agency, and to verify the continued accuracy of the information transmitted to the TBI by the registering agency as defined in § 40-39-202 . Offenders in custody shall register as set out in § 40-39-203(b)(1) .
(1) Violent sexual offenders shall report in person during the months of March, June, September, and December of each calendar year, to the designated law enforcement agency, on a date established by such agency, to update the offender's fingerprints, palm prints and photograph, as determined necessary by the agency, and to verify the continued accuracy of the information in the TBI registration form. Offenders who reside in nursing homes and assisted living facilities and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities are exempt from the in-person reporting and fingerprinting, as otherwise provided by this part. At the time of the violent offender's initial registration or initial reporting date for the calendar year, the violent sexual offender shall pay the specified administrative costs, not to exceed one hundred fifty dollars ($150), one hundred dollars ($100) of which shall be retained by the designated law enforcement agency to be used for the purchase of equipment, to defray personnel and maintenance costs and any other expenses incurred as a result of the implementation of this part. The remaining fifty dollars ($50.00) shall be remitted by the registering agency to the state treasury to be deposited into the general fund of the state. Offenders who reside in nursing homes and assisted living facilities and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities are exempt from paying the administrative cost as otherwise provided by this part.
(2) At least once during the months of March, June, September, and December of each calendar year, all violent juvenile sexual offenders shall report in person to the offender's registering agency to update the offender's fingerprints, palm prints and photograph, as determined necessary by the agency, and to verify the continued accuracy of the information transmitted to the TBI by the registering agency as defined in § 40-39-202 . Offenders in custody shall register as set out in § 40-39-203(b)(1) .
(c) Once a year, all sexual offenders shall report in person, no earlier than seven (7) calendar days before and no later than seven (7) calendar days after the offender's date of birth, to the designated law enforcement agency to update the offender's fingerprints, palm prints and photograph, as determined necessary by the agency, to verify the continued accuracy of the information in the TBI registration form and to pay the specified administrative costs, not to exceed one hundred fifty dollars ($150), one hundred dollars ($100) of which shall be retained by the designated law enforcement agency to be used for the purchase of equipment, to defray personnel and maintenance costs and any other expenses incurred as a result of the implementation of this part. The remaining fifty dollars ($50.00) shall be submitted by the registering agency to the state treasury to be deposited in the general fund of the state. Offenders whose initial registration occurs after the annual reporting period shall be required to pay the administrative costs at the time of the initial registration. Offenders who reside in nursing homes and assisted living facilities and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities are exempt from the in-person reporting and fingerprinting and administrative cost as otherwise provided by this part. However, if an offender is released or discharged from a nursing home, assisted living facility or mental health institution or is no longer continuously confined to home or a health care facility due to mental or physical disabilities, the offender shall, within forty-eight (48) hours, register in person with the designated law enforcement agency, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) . If the offender has previously registered prior to the release or discharge, the offender shall, within forty-eight (48) hours, report in person to the designated law enforcement agency and update all information pursuant to this section.
(d) Within three (3) days after the offender's verification, the designated law enforcement agency with whom the offender verified shall send by United States postal service or by electronic means the original signed TBI registration form containing information required by § 40-39-203(i) to TBI headquarters in Nashville. The TBI shall be the state central repository for all original TBI registration forms and any other forms required by § 40-39-207 that are deemed necessary for the enforcement of this part. The designated law enforcement agency shall retain a duplicate copy of the TBI registration form as a part of the business records for that agency.
(e) If a person required to register under this part is reincarcerated for another offense or as the result of having violated the terms of probation, parole, conditional discharge or any other form of alternative sentencing, the offender shall immediately report the offender's status as a sexual offender or violent sexual offender to the facility where the offender is incarcerated or detained and notify the offender's appropriate registering agency, if different, that the offender is currently being detained or incarcerated. Registration, verification and tracking requirements for such persons are tolled during the subsequent incarceration. Within forty-eight (48) hours of the release from any subsequent reincarcerations, the offender shall register with the appropriate designated law enforcement agency. Likewise, if a person who is required to register under this part is deported from this country, the registration, verification and tracking requirements for such persons are tolled during the period of deportation. Within forty-eight (48) hours of the return to this state after deportation, the offender shall register with the appropriate designated law enforcement agency.
(f) Offenders who reside in nursing homes and assisted living facilities and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities shall be exempted from the in-person reporting, fingerprinting and administrative cost requirements; however, it shall be the responsibility of the offender, the offender's guardian, the person holding the offender's power of attorney or, in the absence thereof, the administrator of the facility, to report any changes in the residential status to TBI headquarters in Nashville by United States postal service. Further, if an offender is released or discharged from a nursing home, assisted living facility, mental health institution or is no longer continuously confined to home or a health care facility due to mental or physical disabilities, the offender shall, within forty-eight (48) hours, register in person with the designated law enforcement agency, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3) . If the offender has previously registered prior to the release or discharge, the offender shall, within forty-eight (48) hours, report in person to the designated law enforcement agency and update all information pursuant to this section.
(g) Offenders who do not maintain either a primary or secondary residence, as defined in this part, shall be considered homeless, and are subject to the reporting requirements of this part. The offenders who are considered homeless shall be required to report to their registering agency monthly. By the authority established in § 40-39-206(f) , the TBI shall develop tracking procedures for the continued verification and tracking of these offenders in the interest of public safety.
(h) Each offender shall report to the designated law enforcement agency at least twenty-one (21) days before traveling out of the country; provided, that offenders who travel out of the country frequently for work or other legitimate purpose, with the written approval of the designated law enforcement agency, and offenders who travel out of the country for emergency situations shall report to the designated law enforcement agency at least twenty-four (24) hours before traveling out of the country.
Amended by 2020 Tenn. Acts, ch. 668, Secs.s4, s5 eff. 4/2/2020.
Amended by 2015 Tenn. Acts, ch. 516, s 5, eff. 7/1/2015.
Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, §§ 15, 16; 2008 , ch. 1164, §§ 4, 16; 2010 , ch. 1138, §§ 16-18; 2011 , ch. 266, § 1; 2011 , ch. 483, § 13; 2012 , ch. 727, § 61.
Tenn. Code Ann. § 40-11-152 — TN Code / Title 40 / Chapter 11 / Section 40-11-152
Global positioning monitoring system as a condition of bail
Status: in_force

(a) As used in this part: (1) "Global positioning monitoring system": (A) Means a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology; and (B) Does not include a system that contains or operates global positioning system technology, radio frequency identification technology, or any other similar technology that is implanted in or otherwise invades or violates the individual's body; and (2) "Qualified contract service provider" means a private or public entity that: (A) Meets the qualifications of § 55-10-426 ; (B) Has a written agreement with the issuing court that designates specific persons to receive notifications and alerts as required by subsection (i); and (C) Maintains a monitoring center that is staffed twenty-four (24) hours a day, seven (7) days a week and capable of immediately notifying the law enforcement employee designee and the appropriate emergency communications dispatch center of violations by call, text message, or electronic mail as required by subsection (i). (b) (1) Pursuant to § 40-11-150 , the court or magistrate may order a defendant who is arrested for the offense of stalking, aggravated stalking, or especially aggravated stalking, as defined in § 39-17-315 , any criminal offense defined in title 39, chapter 13, in which the alleged victim of the offense is a victim as defined in § 36-3-601(5), (11), or (12) , or is in violation of an order of protection as authorized by title 36, chapter 3, part 6, to do the following as a condition of bail: (A) Wear a global positioning monitoring system device and pay the costs associated with operating that system in relation to the defendant; and (B) If the alleged victim of the offense consents after receiving the information described by subsection (d), pay the costs associated with providing the victim with a cellular device application or an electronic receptor device that: (i) Is capable of receiving the global positioning monitoring system information from the device worn by the defendant; (ii) Notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under § 40-11-150 ; and (iii) Notifies the victim if the defendant is within a prescribed proximity of the victim's cellular device or electronic receptor device. (2) Pursuant to § 40-11-150(n) , if the court or magistrate finds probable cause to believe that one (1) or more of the circumstances in § 40-11-150(n)(1) did occur, then unless the court or magistrate finds the offender no longer poses a threat to the alleged victim or public safety and makes such a finding in a written order, the court or magistrate shall order a defendant who is charged with the offense of aggravated assault, as defined in § 39-13-102(a)(1)(A)(i), (a)(1)(A)(iii), or (a)(1)(A)(iv) , in which the alleged victim of the offense is a domestic abuse victim, as defined in § 36-3-601 , to do the following as a condition of bail: (A) Wear a global positioning monitoring system device and pay the costs associated with operating that system in relation to the defendant; and (B) If the alleged victim of the offense consents after receiving the information described in subsection (d), pay the costs associated with providing the victim with a cellular device application or an electronic receptor device that: (i) Is capable of receiving the global positioning monitoring system information from the device worn by the defendant; (ii) Notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under § 40-11-150 ; and (iii) Notifies the victim if the defendant is within a prescribed proximity of the victim's cellular device or electronic receptor device. (3) If a defendant is released without a global positioning monitoring system device, then the court shall make reasonable efforts to directly contact the victim and notify the victim that the offender will be released without a global positioning monitoring system device and the victim will not be provided with access to notifications of the offender's proximity. (c) Before imposing a condition described by subsection (b), the magistrate must afford an alleged victim an opportunity to provide the magistrate with a list of areas from which the victim would like the defendant excluded and shall consider the victim's request, if any, in determining the locations the defendant will be ordered to refrain from going to or near. If the magistrate imposes a condition described by subsection (b), the magistrate shall specifically describe the locations that the defendant has been ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations. (d) Before imposing a condition described by subdivision (b)(2), the magistrate must provide to an alleged victim information regarding: (1) The victim's right to participate in a global positioning monitoring system or to refuse to participate in that system and the procedure for requesting that the magistrate terminate the victim's participation; (2) The manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements; (3) Any locations that the defendant is ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations; (4) Any sanctions that the magistrate may impose on the defendant for violating a condition of bond imposed under this section; (5) The procedure that the victim is to follow, and support services available to assist the victim, if the defendant violates a condition of bond or if the global positioning monitoring system equipment fails; (6) Community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other assistance available to address the consequences of domestic violence; and (7) The fact that the victim's communications with the magistrate concerning the global positioning monitoring system and any restrictions to be imposed on the defendant's movements are not confidential. (e) In addition to the information described by subsection (d), the magistrate shall provide to an alleged victim who participates in a global positioning monitoring system under this section the name and telephone number of an appropriate person employed by a local law enforcement agency who the victim may call to request immediate assistance if the defendant violates a condition of bond imposed under this section. (f) In determining whether to order a defendant's participation in a global positioning monitoring system under this section, the magistrate shall consider the likelihood that the defendant's participation will deter the defendant from seeking to kill, physically injure, stalk, or otherwise threaten the alleged victim before trial. (g) An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time. The magistrate may not impose sanctions on the victim for requesting termination of the victim's participation in or refusing to participate in a global positioning monitoring system under this section. If a victim voluntarily chooses not to utilize a cellular device application that supports offender proximity monitoring or is noncompliant with correct usage of the application, then the special duty exception to the public duty doctrine does not apply, and the qualified contract service provider and the manufacturer of the global positioning monitoring system device are immune from civil or criminal liability resulting from the victim's choice or noncompliance. (h) A defendant ordered to wear a global positioning monitoring system device or to provide the victim with a cellular device application or an electronic receptor device pursuant to subsection (b) shall pay all costs associated with operating that system in relation to the defendant and all costs associated with providing the victim with a cellular device application or an electronic receptor device. The defendant is not eligible for assistance from the electronic monitoring indigency fund, as established pursuant to § 55-10-419 , regardless of whether the defendant is indigent. (i) The magistrate who imposes a condition described by subsection (b) shall order the entity that operates the global positioning monitoring system to notify the law enforcement employee designated in subsection (e) and the appropriate emergency communications dispatch center if a defendant violates a condition of bond imposed under this section. (j) This section shall not limit the authority of the magistrate to impose any other reasonable conditions of bond or enter any orders of protection under other applicable statutes. (k) The global positioning monitoring of any defendant ordered pursuant to this section shall be provided by the county or municipality in which the court ordering the monitoring is located and shall not be provided by the board of parole. Each such county or municipality shall enter into a written agreement with a qualified contract service provider. (l) When arresting a person for an offense described in subsection (b), the arresting officer shall provide the alleged victim with a document that notifies the alleged victim of the following regarding the global positioning monitoring system: (1) When considering bail, the magistrate may order the person who is arrested to carry or wear a global positioning monitoring system device; (2) The victim's right to participate in a global positioning monitoring system or to refuse to participate in the system and the procedure for requesting the magistrate to terminate the victim's participation; (3) The manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements; (4) The victim's right to provide the magistrate with a list of areas from which the victim would like the defendant excluded from going to or near; (5) The fact that the victim's communications with the magistrate concerning the global positioning monitoring system and any restrictions to be imposed on the defendant's movements are not confidential; and (6) Any other information that the administrative office of the courts finds necessary to properly inform an alleged victim about the global positioning monitoring system. (m) A qualified contract service provider and the manufacturer of the global positioning monitoring system device are not civilly or criminally liable for injuries or damages resulting from actions of the defendant when the actions of those entities and the entities' employees are in accordance with this section and done in good faith and without gross negligence or malice. Amended by 2024 Tenn. Acts, ch. 1033,s 4, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1033,s 9, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1033,s 8, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1033,s 7, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1033,s 6, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1033,s 5, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 969,s 2, eff. 7/1/2024. Amended by 2019 Tenn. Acts, ch. 505, s 9, eff. 7/1/2019. Acts 2011 , ch. 406, § 2.
(a) As used in this part: (1) "Global positioning monitoring system": (A) Means a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology; and (B) Does not include a system that contains or operates global positioning system technology, radio frequency identification technology, or any other similar technology that is implanted in or otherwise invades or violates the individual's body; and (2) "Qualified contract service provider" means a private or public entity that: (A) Meets the qualifications of § 55-10-426 ; (B) Has a written agreement with the issuing court that designates specific persons to receive notifications and alerts as required by subsection (i); and (C) Maintains a monitoring center that is staffed twenty-four (24) hours a day, seven (7) days a week and capable of immediately notifying the law enforcement employee designee and the appropriate emergency communications dispatch center of violations by call, text message, or electronic mail as required by subsection (i).
(1) "Global positioning monitoring system": (A) Means a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology; and (B) Does not include a system that contains or operates global positioning system technology, radio frequency identification technology, or any other similar technology that is implanted in or otherwise invades or violates the individual's body; and
(A) Means a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology; and
(B) Does not include a system that contains or operates global positioning system technology, radio frequency identification technology, or any other similar technology that is implanted in or otherwise invades or violates the individual's body; and
(2) "Qualified contract service provider" means a private or public entity that: (A) Meets the qualifications of § 55-10-426 ; (B) Has a written agreement with the issuing court that designates specific persons to receive notifications and alerts as required by subsection (i); and (C) Maintains a monitoring center that is staffed twenty-four (24) hours a day, seven (7) days a week and capable of immediately notifying the law enforcement employee designee and the appropriate emergency communications dispatch center of violations by call, text message, or electronic mail as required by subsection (i).
(A) Meets the qualifications of § 55-10-426 ;
(B) Has a written agreement with the issuing court that designates specific persons to receive notifications and alerts as required by subsection (i); and
(C) Maintains a monitoring center that is staffed twenty-four (24) hours a day, seven (7) days a week and capable of immediately notifying the law enforcement employee designee and the appropriate emergency communications dispatch center of violations by call, text message, or electronic mail as required by subsection (i).
(b) (1) Pursuant to § 40-11-150 , the court or magistrate may order a defendant who is arrested for the offense of stalking, aggravated stalking, or especially aggravated stalking, as defined in § 39-17-315 , any criminal offense defined in title 39, chapter 13, in which the alleged victim of the offense is a victim as defined in § 36-3-601(5), (11), or (12) , or is in violation of an order of protection as authorized by title 36, chapter 3, part 6, to do the following as a condition of bail: (A) Wear a global positioning monitoring system device and pay the costs associated with operating that system in relation to the defendant; and (B) If the alleged victim of the offense consents after receiving the information described by subsection (d), pay the costs associated with providing the victim with a cellular device application or an electronic receptor device that: (i) Is capable of receiving the global positioning monitoring system information from the device worn by the defendant; (ii) Notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under § 40-11-150 ; and (iii) Notifies the victim if the defendant is within a prescribed proximity of the victim's cellular device or electronic receptor device. (2) Pursuant to § 40-11-150(n) , if the court or magistrate finds probable cause to believe that one (1) or more of the circumstances in § 40-11-150(n)(1) did occur, then unless the court or magistrate finds the offender no longer poses a threat to the alleged victim or public safety and makes such a finding in a written order, the court or magistrate shall order a defendant who is charged with the offense of aggravated assault, as defined in § 39-13-102(a)(1)(A)(i), (a)(1)(A)(iii), or (a)(1)(A)(iv) , in which the alleged victim of the offense is a domestic abuse victim, as defined in § 36-3-601 , to do the following as a condition of bail: (A) Wear a global positioning monitoring system device and pay the costs associated with operating that system in relation to the defendant; and (B) If the alleged victim of the offense consents after receiving the information described in subsection (d), pay the costs associated with providing the victim with a cellular device application or an electronic receptor device that: (i) Is capable of receiving the global positioning monitoring system information from the device worn by the defendant; (ii) Notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under § 40-11-150 ; and (iii) Notifies the victim if the defendant is within a prescribed proximity of the victim's cellular device or electronic receptor device. (3) If a defendant is released without a global positioning monitoring system device, then the court shall make reasonable efforts to directly contact the victim and notify the victim that the offender will be released without a global positioning monitoring system device and the victim will not be provided with access to notifications of the offender's proximity.
(1) Pursuant to § 40-11-150 , the court or magistrate may order a defendant who is arrested for the offense of stalking, aggravated stalking, or especially aggravated stalking, as defined in § 39-17-315 , any criminal offense defined in title 39, chapter 13, in which the alleged victim of the offense is a victim as defined in § 36-3-601(5), (11), or (12) , or is in violation of an order of protection as authorized by title 36, chapter 3, part 6, to do the following as a condition of bail: (A) Wear a global positioning monitoring system device and pay the costs associated with operating that system in relation to the defendant; and (B) If the alleged victim of the offense consents after receiving the information described by subsection (d), pay the costs associated with providing the victim with a cellular device application or an electronic receptor device that: (i) Is capable of receiving the global positioning monitoring system information from the device worn by the defendant; (ii) Notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under § 40-11-150 ; and (iii) Notifies the victim if the defendant is within a prescribed proximity of the victim's cellular device or electronic receptor device.
(A) Wear a global positioning monitoring system device and pay the costs associated with operating that system in relation to the defendant; and
(B) If the alleged victim of the offense consents after receiving the information described by subsection (d), pay the costs associated with providing the victim with a cellular device application or an electronic receptor device that: (i) Is capable of receiving the global positioning monitoring system information from the device worn by the defendant; (ii) Notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under § 40-11-150 ; and (iii) Notifies the victim if the defendant is within a prescribed proximity of the victim's cellular device or electronic receptor device.
(i) Is capable of receiving the global positioning monitoring system information from the device worn by the defendant;
(ii) Notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under § 40-11-150 ; and
(iii) Notifies the victim if the defendant is within a prescribed proximity of the victim's cellular device or electronic receptor device.
(2) Pursuant to § 40-11-150(n) , if the court or magistrate finds probable cause to believe that one (1) or more of the circumstances in § 40-11-150(n)(1) did occur, then unless the court or magistrate finds the offender no longer poses a threat to the alleged victim or public safety and makes such a finding in a written order, the court or magistrate shall order a defendant who is charged with the offense of aggravated assault, as defined in § 39-13-102(a)(1)(A)(i), (a)(1)(A)(iii), or (a)(1)(A)(iv) , in which the alleged victim of the offense is a domestic abuse victim, as defined in § 36-3-601 , to do the following as a condition of bail: (A) Wear a global positioning monitoring system device and pay the costs associated with operating that system in relation to the defendant; and (B) If the alleged victim of the offense consents after receiving the information described in subsection (d), pay the costs associated with providing the victim with a cellular device application or an electronic receptor device that: (i) Is capable of receiving the global positioning monitoring system information from the device worn by the defendant; (ii) Notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under § 40-11-150 ; and (iii) Notifies the victim if the defendant is within a prescribed proximity of the victim's cellular device or electronic receptor device.
(A) Wear a global positioning monitoring system device and pay the costs associated with operating that system in relation to the defendant; and
(B) If the alleged victim of the offense consents after receiving the information described in subsection (d), pay the costs associated with providing the victim with a cellular device application or an electronic receptor device that: (i) Is capable of receiving the global positioning monitoring system information from the device worn by the defendant; (ii) Notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under § 40-11-150 ; and (iii) Notifies the victim if the defendant is within a prescribed proximity of the victim's cellular device or electronic receptor device.
(i) Is capable of receiving the global positioning monitoring system information from the device worn by the defendant;
(ii) Notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under § 40-11-150 ; and
(iii) Notifies the victim if the defendant is within a prescribed proximity of the victim's cellular device or electronic receptor device.
(3) If a defendant is released without a global positioning monitoring system device, then the court shall make reasonable efforts to directly contact the victim and notify the victim that the offender will be released without a global positioning monitoring system device and the victim will not be provided with access to notifications of the offender's proximity.
(c) Before imposing a condition described by subsection (b), the magistrate must afford an alleged victim an opportunity to provide the magistrate with a list of areas from which the victim would like the defendant excluded and shall consider the victim's request, if any, in determining the locations the defendant will be ordered to refrain from going to or near. If the magistrate imposes a condition described by subsection (b), the magistrate shall specifically describe the locations that the defendant has been ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations.
(d) Before imposing a condition described by subdivision (b)(2), the magistrate must provide to an alleged victim information regarding: (1) The victim's right to participate in a global positioning monitoring system or to refuse to participate in that system and the procedure for requesting that the magistrate terminate the victim's participation; (2) The manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements; (3) Any locations that the defendant is ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations; (4) Any sanctions that the magistrate may impose on the defendant for violating a condition of bond imposed under this section; (5) The procedure that the victim is to follow, and support services available to assist the victim, if the defendant violates a condition of bond or if the global positioning monitoring system equipment fails; (6) Community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other assistance available to address the consequences of domestic violence; and (7) The fact that the victim's communications with the magistrate concerning the global positioning monitoring system and any restrictions to be imposed on the defendant's movements are not confidential.
(1) The victim's right to participate in a global positioning monitoring system or to refuse to participate in that system and the procedure for requesting that the magistrate terminate the victim's participation;
(2) The manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements;
(3) Any locations that the defendant is ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations;
(4) Any sanctions that the magistrate may impose on the defendant for violating a condition of bond imposed under this section;
(5) The procedure that the victim is to follow, and support services available to assist the victim, if the defendant violates a condition of bond or if the global positioning monitoring system equipment fails;
(6) Community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other assistance available to address the consequences of domestic violence; and
(7) The fact that the victim's communications with the magistrate concerning the global positioning monitoring system and any restrictions to be imposed on the defendant's movements are not confidential.
(e) In addition to the information described by subsection (d), the magistrate shall provide to an alleged victim who participates in a global positioning monitoring system under this section the name and telephone number of an appropriate person employed by a local law enforcement agency who the victim may call to request immediate assistance if the defendant violates a condition of bond imposed under this section.
(f) In determining whether to order a defendant's participation in a global positioning monitoring system under this section, the magistrate shall consider the likelihood that the defendant's participation will deter the defendant from seeking to kill, physically injure, stalk, or otherwise threaten the alleged victim before trial.
(g) An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time. The magistrate may not impose sanctions on the victim for requesting termination of the victim's participation in or refusing to participate in a global positioning monitoring system under this section. If a victim voluntarily chooses not to utilize a cellular device application that supports offender proximity monitoring or is noncompliant with correct usage of the application, then the special duty exception to the public duty doctrine does not apply, and the qualified contract service provider and the manufacturer of the global positioning monitoring system device are immune from civil or criminal liability resulting from the victim's choice or noncompliance.
(h) A defendant ordered to wear a global positioning monitoring system device or to provide the victim with a cellular device application or an electronic receptor device pursuant to subsection (b) shall pay all costs associated with operating that system in relation to the defendant and all costs associated with providing the victim with a cellular device application or an electronic receptor device. The defendant is not eligible for assistance from the electronic monitoring indigency fund, as established pursuant to § 55-10-419 , regardless of whether the defendant is indigent.
(i) The magistrate who imposes a condition described by subsection (b) shall order the entity that operates the global positioning monitoring system to notify the law enforcement employee designated in subsection (e) and the appropriate emergency communications dispatch center if a defendant violates a condition of bond imposed under this section.
(j) This section shall not limit the authority of the magistrate to impose any other reasonable conditions of bond or enter any orders of protection under other applicable statutes.
(k) The global positioning monitoring of any defendant ordered pursuant to this section shall be provided by the county or municipality in which the court ordering the monitoring is located and shall not be provided by the board of parole. Each such county or municipality shall enter into a written agreement with a qualified contract service provider.
(l) When arresting a person for an offense described in subsection (b), the arresting officer shall provide the alleged victim with a document that notifies the alleged victim of the following regarding the global positioning monitoring system: (1) When considering bail, the magistrate may order the person who is arrested to carry or wear a global positioning monitoring system device; (2) The victim's right to participate in a global positioning monitoring system or to refuse to participate in the system and the procedure for requesting the magistrate to terminate the victim's participation; (3) The manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements; (4) The victim's right to provide the magistrate with a list of areas from which the victim would like the defendant excluded from going to or near; (5) The fact that the victim's communications with the magistrate concerning the global positioning monitoring system and any restrictions to be imposed on the defendant's movements are not confidential; and (6) Any other information that the administrative office of the courts finds necessary to properly inform an alleged victim about the global positioning monitoring system.
(1) When considering bail, the magistrate may order the person who is arrested to carry or wear a global positioning monitoring system device;
(2) The victim's right to participate in a global positioning monitoring system or to refuse to participate in the system and the procedure for requesting the magistrate to terminate the victim's participation;
(3) The manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements;
(4) The victim's right to provide the magistrate with a list of areas from which the victim would like the defendant excluded from going to or near;
(5) The fact that the victim's communications with the magistrate concerning the global positioning monitoring system and any restrictions to be imposed on the defendant's movements are not confidential; and
(6) Any other information that the administrative office of the courts finds necessary to properly inform an alleged victim about the global positioning monitoring system.
(m) A qualified contract service provider and the manufacturer of the global positioning monitoring system device are not civilly or criminally liable for injuries or damages resulting from actions of the defendant when the actions of those entities and the entities' employees are in accordance with this section and done in good faith and without gross negligence or malice.
Amended by 2024 Tenn. Acts, ch. 1033,s 4, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1033,s 9, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1033,s 8, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1033,s 7, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1033,s 6, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1033,s 5, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 969,s 2, eff. 7/1/2024.
Amended by 2019 Tenn. Acts, ch. 505, s 9, eff. 7/1/2019.
Acts 2011 , ch. 406, § 2.
Tenn. Code Ann. § 40-6-304 — TN Code / Title 40 / Chapter 6 / Section 40-6-304
Order for electronic surveillance - Application - Required findings - Expiration of order - Recordings - Evidence - Motions to suppress
Status: in_force

(a) Each application for an order authorizing the interception of a wire, oral or electronic communication shall be made in writing upon oath or affirmation to a judge of competent jurisdiction in the district where the interception of a wire, oral or electronic communication is to occur, or in any district where jurisdiction exists to prosecute the underlying offense to support an intercept order under § 40-6-305 . The application shall state the investigative or law enforcement officer's authority to make the application and shall include the following information: (1) Identity of the investigative or law enforcement officer making the application, and the district attorney general authorizing the application; (2) A full and complete statement of the facts and circumstances relied upon by the applicant to justify the applicant's belief that an order should be issued, including: (A) Details as to the particular offense that has been, is being, or is about to be committed; (B) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; (C) A particular description of the type of communications sought to be intercepted; and (D) The identity of all persons, if known, committing the offense and whose communications are to be or may be intercepted; (3) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous; (4) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; (5) A full and complete statement of the facts concerning all previous applications known to the individuals authorizing and making the application, made to any judge for authorization to intercept wire, oral or electronic communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each application; and (6) Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain results. (b) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. (c) Upon an application the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire, oral or electronic communications within the district in which the judge is sitting, and outside that district but within this state in the case of a mobile interception device, if the judge determines on the basis of the facts submitted by the applicant that: (1) There is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in § 40-6-305 ; (2) There is probable cause for belief that particular communications concerning that offense will be obtained through the interception; (3) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; and (4) There is probable cause for belief that the facilities from which, or the place where, the wire, oral or electronic communications are to be intercepted are being used, or about to be used, in connection with the commission of the offense, or are leased to, listed in the name of, or commonly used by the person. (d) (1) Each order authorizing the interception of any wire, oral or electronic communication under this part or §§ 39-13-601 - [former] 39-13-603 [repealed] shall specify: (A) The identity of all persons, if known, whose communications are to be or may be intercepted; (B) The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted; (C) A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates; (D) The identity of the agency authorized to intercept the communications, and the identity of the person authorizing the application; and (E) The period of time during which the interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained. (2) An order authorizing the interception of a wire, oral or electronic communication under this part or §§ 39-13-601 - [former] 39-13-603 [repealed] shall, upon the request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the applicant with all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian, or other person furnishing facilities or technical assistance shall be compensated by the applicant for reasonable expenses incurred in providing the facilities or assistance. (e) No order entered under this section may authorize or approve the interception of any wire, oral or electronic communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty (30) days. The thirty-day period begins on the earlier of the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or ten (10) days after the order is entered. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (a) and the court making the findings required by subsection (c). The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty (30) days. Every order and extension of an order shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in a way as to minimize the interception of communications not otherwise subject to interception under this part or §§ 39-13-601 - [former] 39-13-603 [repealed], and must terminate upon attainment of the authorized objective, or in any event in thirty (30) days. In the event the intercepted communication is in a code or foreign language, and an expert in that code or foreign language is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after interception. An interception under this part or §§ 39-13-601 - [former] 39-13-603 [repealed] may be conducted in whole or in part by state personnel, or by an individual operating under a contract with the state, acting under the supervision of an investigative or law enforcement officer authorized to conduct the interception. (f) (1) The contents of any wire, oral or electronic communication intercepted by any means authorized by this part or §§ 39-13-601 - [former] 39-13-603 [repealed] shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral or electronic communication under this subsection (f) shall be done in a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions of the order, the recordings shall be made available to the judge issuing the order and sealed under the judge's direction. All recordings of wire, oral or electronic communications shall be treated as confidential and shall not be open for inspection by members of the public. Custody of the recordings shall be wherever the judge orders. The recordings shall not be destroyed except upon an order of the issuing judge and in any event shall be kept for ten (10) years; provided, that upon the agreement of the person whose communications were intercepted, or that person's counsel, and the appropriate district attorney general, the issuing judge may order the destruction of all recordings at any time. Duplicate recordings may be made for use or disclosure, pursuant to § 40-6-306(a) and (b) for investigations, upon an order of the issuing judge. All duplicate recordings or written transcripts shall be treated as confidential and shall not be open for inspection by members of the public. Upon an order of the issuing judge, the contents of any wire, oral or electronic communication may be unsealed and used while giving testimony, pursuant to § 40-6-306(c) . The presence of the seal provided for by this subsection (f), or a satisfactory explanation for the absence of the seal, shall be a prerequisite for the use or disclosure of the contents of any wire, oral or electronic communication or evidence derived therefrom under § 40-6-306(c) . All wire, oral or electronic communications that are not disclosed while giving testimony retain their confidential character and shall not be open for inspection by members of the public. Immediately following duplication or use while giving testimony, the recordings shall be returned to the judge issuing the order and resealed under the judge's direction. (2) Applications made and orders granted under this section shall be treated as confidential and shall not be open for inspection by members of the public. Applications and orders shall be sealed by the judge and custody shall be wherever the judge directs. The applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge and in any event shall be kept for ten (10) years. Upon the agreement of the person named in the order or application, or that person's counsel, and the appropriate district attorney general, the issuing judge may order the destruction of such applications and orders at any time. (3) Any violation of this subsection (f) may be punished as contempt of the issuing or denying judge. (4) Within a reasonable time, but not later than ninety (90) days after the termination of an order of approval under subsections (c) and (d), or an order authorizing an extension under subsection (e), or the denial of an order under subsection (c), the issuing or denying judge shall cause an inventory to be served on the persons named in the order or application and any other parties to intercepted communications as determined by the judge exercising judicial discretion in the interest of justice. The inventory shall include notice of: (A) The fact of entry of the order or the application; (B) The date of the entry and the period of authorized interception, or the denial of the application; and (C) The fact that during the period wire, oral or electronic communications were or were not intercepted. (5) The judge, upon the filing of a motion, may, in the judge's discretion, make available to the person or the person's counsel for inspection any portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction, the serving of the inventory required by this subsection (f) may be postponed for ninety (90) days. At the end of this period, the judge may allow additional ninety-day extensions, but only on further showing of good cause. (g) The contents of any intercepted wire, oral or electronic communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a state court unless each party, not less than ten (10) days before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized. This ten-day period may be waived by the judge if the judge finds that it was not possible to furnish the party with the information ten (10) days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information. (h) (1) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the state of Tennessee or a political subdivision of the state may move to suppress the contents of any intercepted wire, oral or electronic communication, or evidence derived therefrom, on the grounds that: (A) The communication was unlawfully intercepted; (B) The order of authorization under which it was intercepted is insufficient on its face; or (C) The interception was not made in conformity with the order of authorization. The motion shall be made before the trial, hearing or proceeding, unless there was no opportunity to make the motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, oral or electronic communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this part or §§ 39-13-601 - [former] 39-13-603 [repealed]. The judge, upon the filing of a motion by the aggrieved person, may, in the judge's discretion, make available portions of the intercepted communication, or evidence derived therefrom, as the judge determines to be in the interest of justice. (2) In addition to any other right to appeal, the state has the right to appeal from an order granting a motion to suppress made under subdivision (h)(1), or the denial of an application for an order of approval, if the district attorney general certifies to the judge or other official granting the motion or denying the application that the appeal is not taken for purposes of delay. The appeal shall be taken within thirty (30) days after the date the order was entered and shall be diligently prosecuted. Acts 1994, ch. 964, § 5; 2005, ch. 87, § 1.
(a) Each application for an order authorizing the interception of a wire, oral or electronic communication shall be made in writing upon oath or affirmation to a judge of competent jurisdiction in the district where the interception of a wire, oral or electronic communication is to occur, or in any district where jurisdiction exists to prosecute the underlying offense to support an intercept order under § 40-6-305 . The application shall state the investigative or law enforcement officer's authority to make the application and shall include the following information: (1) Identity of the investigative or law enforcement officer making the application, and the district attorney general authorizing the application; (2) A full and complete statement of the facts and circumstances relied upon by the applicant to justify the applicant's belief that an order should be issued, including: (A) Details as to the particular offense that has been, is being, or is about to be committed; (B) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; (C) A particular description of the type of communications sought to be intercepted; and (D) The identity of all persons, if known, committing the offense and whose communications are to be or may be intercepted; (3) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous; (4) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; (5) A full and complete statement of the facts concerning all previous applications known to the individuals authorizing and making the application, made to any judge for authorization to intercept wire, oral or electronic communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each application; and (6) Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain results.
(1) Identity of the investigative or law enforcement officer making the application, and the district attorney general authorizing the application;
(2) A full and complete statement of the facts and circumstances relied upon by the applicant to justify the applicant's belief that an order should be issued, including: (A) Details as to the particular offense that has been, is being, or is about to be committed; (B) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; (C) A particular description of the type of communications sought to be intercepted; and (D) The identity of all persons, if known, committing the offense and whose communications are to be or may be intercepted;
(A) Details as to the particular offense that has been, is being, or is about to be committed;
(B) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted;
(C) A particular description of the type of communications sought to be intercepted; and
(D) The identity of all persons, if known, committing the offense and whose communications are to be or may be intercepted;
(3) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;
(4) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;
(5) A full and complete statement of the facts concerning all previous applications known to the individuals authorizing and making the application, made to any judge for authorization to intercept wire, oral or electronic communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each application; and
(6) Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain results.
(b) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application.
(c) Upon an application the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire, oral or electronic communications within the district in which the judge is sitting, and outside that district but within this state in the case of a mobile interception device, if the judge determines on the basis of the facts submitted by the applicant that: (1) There is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in § 40-6-305 ; (2) There is probable cause for belief that particular communications concerning that offense will be obtained through the interception; (3) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; and (4) There is probable cause for belief that the facilities from which, or the place where, the wire, oral or electronic communications are to be intercepted are being used, or about to be used, in connection with the commission of the offense, or are leased to, listed in the name of, or commonly used by the person.
(1) There is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in § 40-6-305 ;
(2) There is probable cause for belief that particular communications concerning that offense will be obtained through the interception;
(3) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; and
(4) There is probable cause for belief that the facilities from which, or the place where, the wire, oral or electronic communications are to be intercepted are being used, or about to be used, in connection with the commission of the offense, or are leased to, listed in the name of, or commonly used by the person.
(d) (1) Each order authorizing the interception of any wire, oral or electronic communication under this part or §§ 39-13-601 - [former] 39-13-603 [repealed] shall specify: (A) The identity of all persons, if known, whose communications are to be or may be intercepted; (B) The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted; (C) A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates; (D) The identity of the agency authorized to intercept the communications, and the identity of the person authorizing the application; and (E) The period of time during which the interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained. (2) An order authorizing the interception of a wire, oral or electronic communication under this part or §§ 39-13-601 - [former] 39-13-603 [repealed] shall, upon the request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the applicant with all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian, or other person furnishing facilities or technical assistance shall be compensated by the applicant for reasonable expenses incurred in providing the facilities or assistance.
(1) Each order authorizing the interception of any wire, oral or electronic communication under this part or §§ 39-13-601 - [former] 39-13-603 [repealed] shall specify: (A) The identity of all persons, if known, whose communications are to be or may be intercepted; (B) The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted; (C) A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates; (D) The identity of the agency authorized to intercept the communications, and the identity of the person authorizing the application; and (E) The period of time during which the interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.
(A) The identity of all persons, if known, whose communications are to be or may be intercepted;
(B) The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;
(C) A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates;
(D) The identity of the agency authorized to intercept the communications, and the identity of the person authorizing the application; and
(E) The period of time during which the interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.
(2) An order authorizing the interception of a wire, oral or electronic communication under this part or §§ 39-13-601 - [former] 39-13-603 [repealed] shall, upon the request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the applicant with all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the service provider, landlord, custodian, or person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian, or other person furnishing facilities or technical assistance shall be compensated by the applicant for reasonable expenses incurred in providing the facilities or assistance.
(e) No order entered under this section may authorize or approve the interception of any wire, oral or electronic communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty (30) days. The thirty-day period begins on the earlier of the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or ten (10) days after the order is entered. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (a) and the court making the findings required by subsection (c). The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty (30) days. Every order and extension of an order shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in a way as to minimize the interception of communications not otherwise subject to interception under this part or §§ 39-13-601 - [former] 39-13-603 [repealed], and must terminate upon attainment of the authorized objective, or in any event in thirty (30) days. In the event the intercepted communication is in a code or foreign language, and an expert in that code or foreign language is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after interception. An interception under this part or §§ 39-13-601 - [former] 39-13-603 [repealed] may be conducted in whole or in part by state personnel, or by an individual operating under a contract with the state, acting under the supervision of an investigative or law enforcement officer authorized to conduct the interception.
(f) (1) The contents of any wire, oral or electronic communication intercepted by any means authorized by this part or §§ 39-13-601 - [former] 39-13-603 [repealed] shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral or electronic communication under this subsection (f) shall be done in a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions of the order, the recordings shall be made available to the judge issuing the order and sealed under the judge's direction. All recordings of wire, oral or electronic communications shall be treated as confidential and shall not be open for inspection by members of the public. Custody of the recordings shall be wherever the judge orders. The recordings shall not be destroyed except upon an order of the issuing judge and in any event shall be kept for ten (10) years; provided, that upon the agreement of the person whose communications were intercepted, or that person's counsel, and the appropriate district attorney general, the issuing judge may order the destruction of all recordings at any time. Duplicate recordings may be made for use or disclosure, pursuant to § 40-6-306(a) and (b) for investigations, upon an order of the issuing judge. All duplicate recordings or written transcripts shall be treated as confidential and shall not be open for inspection by members of the public. Upon an order of the issuing judge, the contents of any wire, oral or electronic communication may be unsealed and used while giving testimony, pursuant to § 40-6-306(c) . The presence of the seal provided for by this subsection (f), or a satisfactory explanation for the absence of the seal, shall be a prerequisite for the use or disclosure of the contents of any wire, oral or electronic communication or evidence derived therefrom under § 40-6-306(c) . All wire, oral or electronic communications that are not disclosed while giving testimony retain their confidential character and shall not be open for inspection by members of the public. Immediately following duplication or use while giving testimony, the recordings shall be returned to the judge issuing the order and resealed under the judge's direction. (2) Applications made and orders granted under this section shall be treated as confidential and shall not be open for inspection by members of the public. Applications and orders shall be sealed by the judge and custody shall be wherever the judge directs. The applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge and in any event shall be kept for ten (10) years. Upon the agreement of the person named in the order or application, or that person's counsel, and the appropriate district attorney general, the issuing judge may order the destruction of such applications and orders at any time. (3) Any violation of this subsection (f) may be punished as contempt of the issuing or denying judge. (4) Within a reasonable time, but not later than ninety (90) days after the termination of an order of approval under subsections (c) and (d), or an order authorizing an extension under subsection (e), or the denial of an order under subsection (c), the issuing or denying judge shall cause an inventory to be served on the persons named in the order or application and any other parties to intercepted communications as determined by the judge exercising judicial discretion in the interest of justice. The inventory shall include notice of: (A) The fact of entry of the order or the application; (B) The date of the entry and the period of authorized interception, or the denial of the application; and (C) The fact that during the period wire, oral or electronic communications were or were not intercepted. (5) The judge, upon the filing of a motion, may, in the judge's discretion, make available to the person or the person's counsel for inspection any portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction, the serving of the inventory required by this subsection (f) may be postponed for ninety (90) days. At the end of this period, the judge may allow additional ninety-day extensions, but only on further showing of good cause.
(1) The contents of any wire, oral or electronic communication intercepted by any means authorized by this part or §§ 39-13-601 - [former] 39-13-603 [repealed] shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral or electronic communication under this subsection (f) shall be done in a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions of the order, the recordings shall be made available to the judge issuing the order and sealed under the judge's direction. All recordings of wire, oral or electronic communications shall be treated as confidential and shall not be open for inspection by members of the public. Custody of the recordings shall be wherever the judge orders. The recordings shall not be destroyed except upon an order of the issuing judge and in any event shall be kept for ten (10) years; provided, that upon the agreement of the person whose communications were intercepted, or that person's counsel, and the appropriate district attorney general, the issuing judge may order the destruction of all recordings at any time. Duplicate recordings may be made for use or disclosure, pursuant to § 40-6-306(a) and (b) for investigations, upon an order of the issuing judge. All duplicate recordings or written transcripts shall be treated as confidential and shall not be open for inspection by members of the public. Upon an order of the issuing judge, the contents of any wire, oral or electronic communication may be unsealed and used while giving testimony, pursuant to § 40-6-306(c) . The presence of the seal provided for by this subsection (f), or a satisfactory explanation for the absence of the seal, shall be a prerequisite for the use or disclosure of the contents of any wire, oral or electronic communication or evidence derived therefrom under § 40-6-306(c) . All wire, oral or electronic communications that are not disclosed while giving testimony retain their confidential character and shall not be open for inspection by members of the public. Immediately following duplication or use while giving testimony, the recordings shall be returned to the judge issuing the order and resealed under the judge's direction.
(2) Applications made and orders granted under this section shall be treated as confidential and shall not be open for inspection by members of the public. Applications and orders shall be sealed by the judge and custody shall be wherever the judge directs. The applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge and in any event shall be kept for ten (10) years. Upon the agreement of the person named in the order or application, or that person's counsel, and the appropriate district attorney general, the issuing judge may order the destruction of such applications and orders at any time.
(3) Any violation of this subsection (f) may be punished as contempt of the issuing or denying judge.
(4) Within a reasonable time, but not later than ninety (90) days after the termination of an order of approval under subsections (c) and (d), or an order authorizing an extension under subsection (e), or the denial of an order under subsection (c), the issuing or denying judge shall cause an inventory to be served on the persons named in the order or application and any other parties to intercepted communications as determined by the judge exercising judicial discretion in the interest of justice. The inventory shall include notice of: (A) The fact of entry of the order or the application; (B) The date of the entry and the period of authorized interception, or the denial of the application; and (C) The fact that during the period wire, oral or electronic communications were or were not intercepted.
(A) The fact of entry of the order or the application;
(B) The date of the entry and the period of authorized interception, or the denial of the application; and
(C) The fact that during the period wire, oral or electronic communications were or were not intercepted.
(5) The judge, upon the filing of a motion, may, in the judge's discretion, make available to the person or the person's counsel for inspection any portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction, the serving of the inventory required by this subsection (f) may be postponed for ninety (90) days. At the end of this period, the judge may allow additional ninety-day extensions, but only on further showing of good cause.
(g) The contents of any intercepted wire, oral or electronic communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a state court unless each party, not less than ten (10) days before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized. This ten-day period may be waived by the judge if the judge finds that it was not possible to furnish the party with the information ten (10) days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information.
(h) (1) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the state of Tennessee or a political subdivision of the state may move to suppress the contents of any intercepted wire, oral or electronic communication, or evidence derived therefrom, on the grounds that: (A) The communication was unlawfully intercepted; (B) The order of authorization under which it was intercepted is insufficient on its face; or (C) The interception was not made in conformity with the order of authorization. The motion shall be made before the trial, hearing or proceeding, unless there was no opportunity to make the motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, oral or electronic communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this part or §§ 39-13-601 - [former] 39-13-603 [repealed]. The judge, upon the filing of a motion by the aggrieved person, may, in the judge's discretion, make available portions of the intercepted communication, or evidence derived therefrom, as the judge determines to be in the interest of justice. (2) In addition to any other right to appeal, the state has the right to appeal from an order granting a motion to suppress made under subdivision (h)(1), or the denial of an application for an order of approval, if the district attorney general certifies to the judge or other official granting the motion or denying the application that the appeal is not taken for purposes of delay. The appeal shall be taken within thirty (30) days after the date the order was entered and shall be diligently prosecuted.
(1) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the state of Tennessee or a political subdivision of the state may move to suppress the contents of any intercepted wire, oral or electronic communication, or evidence derived therefrom, on the grounds that: (A) The communication was unlawfully intercepted; (B) The order of authorization under which it was intercepted is insufficient on its face; or (C) The interception was not made in conformity with the order of authorization. The motion shall be made before the trial, hearing or proceeding, unless there was no opportunity to make the motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, oral or electronic communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this part or §§ 39-13-601 - [former] 39-13-603 [repealed]. The judge, upon the filing of a motion by the aggrieved person, may, in the judge's discretion, make available portions of the intercepted communication, or evidence derived therefrom, as the judge determines to be in the interest of justice.
(A) The communication was unlawfully intercepted;
(B) The order of authorization under which it was intercepted is insufficient on its face; or
(C) The interception was not made in conformity with the order of authorization. The motion shall be made before the trial, hearing or proceeding, unless there was no opportunity to make the motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, oral or electronic communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this part or §§ 39-13-601 - [former] 39-13-603 [repealed]. The judge, upon the filing of a motion by the aggrieved person, may, in the judge's discretion, make available portions of the intercepted communication, or evidence derived therefrom, as the judge determines to be in the interest of justice.
(2) In addition to any other right to appeal, the state has the right to appeal from an order granting a motion to suppress made under subdivision (h)(1), or the denial of an application for an order of approval, if the district attorney general certifies to the judge or other official granting the motion or denying the application that the appeal is not taken for purposes of delay. The appeal shall be taken within thirty (30) days after the date the order was entered and shall be diligently prosecuted.
Acts 1994, ch. 964, § 5; 2005, ch. 87, § 1.
Tenn. Code Ann. § 40-18-110 — TN Code / Title 40 / Chapter 18 / Section 40-18-110
Charge as to lesser included offenses - Written request
Status: in_force

(a) When requested by a party in writing prior to the trial judge's instructions to the jury in a criminal case, the trial judge shall instruct the jury as to the law of each offense specifically identified in the request that is a lesser included offense of the offense charged in the indictment or presentment. However, the trial judge shall not instruct the jury as to any lesser included offense unless the judge determines that the record contains any evidence which reasonable minds could accept as to the lesser included offense. In making this determination, the trial judge shall view the evidence liberally in the light most favorable to the existence of the lesser included offense without making any judgment on the credibility of evidence. The trial judge shall also determine whether the evidence, viewed in this light, is legally sufficient to support a conviction for the lesser included offense. (b) In the absence of a written request from a party specifically identifying the particular lesser included offense or offenses on which a jury instruction is sought, the trial judge may charge the jury on any lesser included offense or offenses, but no party shall be entitled to any lesser included offense charge. (c) Notwithstanding any other provision of law to the contrary, when the defendant fails to request the instruction of a lesser included offense as required by this section, the lesser included offense instruction is waived. Absent a written request, the failure of a trial judge to instruct the jury on any lesser included offense may not be presented as a ground for relief either in a motion for a new trial or on appeal. (d) Prior to instructing the jury on the law, the trial judge shall give the parties an opportunity to object to the proposed lesser included offense instructions. If the defendant fails to object to a lesser included offense instruction, the inclusion of that lesser included offense instruction may not be presented as a ground for relief either in a motion for a new trial or on appeal. Where the defendant objects to an instruction on a lesser included offense and the judge does not instruct the jury on that offense, the objection shall constitute a waiver of any objection in the motion for a new trial or on appeal concerning the failure to instruct on that lesser included offense. The defendant's objection shall not prevent the district attorney general from requesting lesser included offense instructions or prevent the judge from instructing on lesser included offenses. (e) When the defendant requests an instruction on a lesser included offense, the judge may condition the instruction on the defendant's consent to an amendment to the indictment or presentment, with the consent of the district attorney general, so that if there is a conviction for the requested lesser offense the request shall constitute a waiver of any objection in the motion for new trial and on appeal. The defendant may be required to execute a written document actually consenting to the amendment so that there may be a lawful conviction for the lesser offense. If the district attorney general does not consent to the amendment, the defendant may raise the issue of failure to give the requested charge on appeal. This subsection (e) shall not be construed as requiring an instruction on a lesser offense. (f) An offense is a lesser included offense if: (1) All of its statutory elements are included within the statutory elements of the offense charged; (2) The offense is facilitation of the offense charged or of an offense that otherwise meets the definition of lesser included offense in subdivision (f)(1); (3) The offense is an attempt to commit the offense charged or an offense that otherwise meets the definition of lesser included offense in subdivision (f)(1); or (4) The offense is solicitation to commit the offense charged or an offense that otherwise meets the definition of lesser included offense in subdivision (f)(1). (g) (1) Second degree murder is a lesser included offense of first degree murder as defined in § 39-13-202 . (2) Voluntary manslaughter is a lesser included offense of premeditated first degree murder and second degree murder. (3) Aggravated sexual battery is a lesser included offense of aggravated rape, aggravated rape of a child, and rape of a child. (4) Sexual battery and sexual battery by an authority figure are lesser included offenses of rape and aggravated rape. Amended by 2016 Tenn. Acts, ch. 671, s 1, eff. 7/1/2016. Acts 1877, ch. 85, § 1; Shan., § 7188; Code 1932, § 11751; Acts 1979, ch. 318, § 25; T.C.A. (orig. ed.), § 40-2518; Acts 2001, ch. 338, §1; 2009 , ch. 439, § 1.
(a) When requested by a party in writing prior to the trial judge's instructions to the jury in a criminal case, the trial judge shall instruct the jury as to the law of each offense specifically identified in the request that is a lesser included offense of the offense charged in the indictment or presentment. However, the trial judge shall not instruct the jury as to any lesser included offense unless the judge determines that the record contains any evidence which reasonable minds could accept as to the lesser included offense. In making this determination, the trial judge shall view the evidence liberally in the light most favorable to the existence of the lesser included offense without making any judgment on the credibility of evidence. The trial judge shall also determine whether the evidence, viewed in this light, is legally sufficient to support a conviction for the lesser included offense.
(b) In the absence of a written request from a party specifically identifying the particular lesser included offense or offenses on which a jury instruction is sought, the trial judge may charge the jury on any lesser included offense or offenses, but no party shall be entitled to any lesser included offense charge.
(c) Notwithstanding any other provision of law to the contrary, when the defendant fails to request the instruction of a lesser included offense as required by this section, the lesser included offense instruction is waived. Absent a written request, the failure of a trial judge to instruct the jury on any lesser included offense may not be presented as a ground for relief either in a motion for a new trial or on appeal.
(d) Prior to instructing the jury on the law, the trial judge shall give the parties an opportunity to object to the proposed lesser included offense instructions. If the defendant fails to object to a lesser included offense instruction, the inclusion of that lesser included offense instruction may not be presented as a ground for relief either in a motion for a new trial or on appeal. Where the defendant objects to an instruction on a lesser included offense and the judge does not instruct the jury on that offense, the objection shall constitute a waiver of any objection in the motion for a new trial or on appeal concerning the failure to instruct on that lesser included offense. The defendant's objection shall not prevent the district attorney general from requesting lesser included offense instructions or prevent the judge from instructing on lesser included offenses.
(e) When the defendant requests an instruction on a lesser included offense, the judge may condition the instruction on the defendant's consent to an amendment to the indictment or presentment, with the consent of the district attorney general, so that if there is a conviction for the requested lesser offense the request shall constitute a waiver of any objection in the motion for new trial and on appeal. The defendant may be required to execute a written document actually consenting to the amendment so that there may be a lawful conviction for the lesser offense. If the district attorney general does not consent to the amendment, the defendant may raise the issue of failure to give the requested charge on appeal. This subsection (e) shall not be construed as requiring an instruction on a lesser offense.
(f) An offense is a lesser included offense if: (1) All of its statutory elements are included within the statutory elements of the offense charged; (2) The offense is facilitation of the offense charged or of an offense that otherwise meets the definition of lesser included offense in subdivision (f)(1); (3) The offense is an attempt to commit the offense charged or an offense that otherwise meets the definition of lesser included offense in subdivision (f)(1); or (4) The offense is solicitation to commit the offense charged or an offense that otherwise meets the definition of lesser included offense in subdivision (f)(1).
(1) All of its statutory elements are included within the statutory elements of the offense charged;
(2) The offense is facilitation of the offense charged or of an offense that otherwise meets the definition of lesser included offense in subdivision (f)(1);
(3) The offense is an attempt to commit the offense charged or an offense that otherwise meets the definition of lesser included offense in subdivision (f)(1); or
(4) The offense is solicitation to commit the offense charged or an offense that otherwise meets the definition of lesser included offense in subdivision (f)(1).
(g) (1) Second degree murder is a lesser included offense of first degree murder as defined in § 39-13-202 . (2) Voluntary manslaughter is a lesser included offense of premeditated first degree murder and second degree murder. (3) Aggravated sexual battery is a lesser included offense of aggravated rape, aggravated rape of a child, and rape of a child. (4) Sexual battery and sexual battery by an authority figure are lesser included offenses of rape and aggravated rape.
(1) Second degree murder is a lesser included offense of first degree murder as defined in § 39-13-202 .
(2) Voluntary manslaughter is a lesser included offense of premeditated first degree murder and second degree murder.
(3) Aggravated sexual battery is a lesser included offense of aggravated rape, aggravated rape of a child, and rape of a child.
(4) Sexual battery and sexual battery by an authority figure are lesser included offenses of rape and aggravated rape.
Amended by 2016 Tenn. Acts, ch. 671, s 1, eff. 7/1/2016.
Acts 1877, ch. 85, § 1; Shan., § 7188; Code 1932, § 11751; Acts 1979, ch. 318, § 25; T.C.A. (orig. ed.), § 40-2518; Acts 2001, ch. 338, §1; 2009 , ch. 439, § 1.
Tenn. Code Ann. § 40-30-110 — TN Code / Title 40 / Chapter 30 / Section 40-30-110
Hearing
Status: in_force

(a) The petitioner shall appear and give testimony at the evidentiary hearing if the petition raises substantial questions of fact as to events in which the petitioner participated, unless the petitioner is incarcerated out of state, in which case the trial judge may permit the introduction of an affidavit or deposition of the petitioner and shall permit the state adequate time to file any affidavits or depositions in response the state may wish. (b) (1) If the petitioner is imprisoned, the warden shall arrange for transportation of the petitioner to and from the court upon proper orders issued by the trial judge. (2) The sheriff of the county where the proceeding is pending shall have the authority to receive and transport the petitioner to and from the penitentiary and the court, if the court so orders or if for any reason the warden is unable to transport the petitioner. The sheriff shall be entitled to the same costs allowed for the transportation of prisoners as is provided in criminal cases upon the presentation of the account certified by the judge and district attorney general. (c) Proof upon the petitioner's claim or claims for relief shall be limited to evidence of the allegations of fact in the petition. (d) All evidentiary hearings shall be recorded. (e) The Tennessee Rules of Evidence shall apply except as otherwise required in this part. (f) The petitioner shall have the burden of proving the allegations of fact by clear and convincing evidence. There is a rebuttable presumption that a ground for relief not raised before a court of competent jurisdiction in which the ground could have been presented is waived. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-210 .
(a) The petitioner shall appear and give testimony at the evidentiary hearing if the petition raises substantial questions of fact as to events in which the petitioner participated, unless the petitioner is incarcerated out of state, in which case the trial judge may permit the introduction of an affidavit or deposition of the petitioner and shall permit the state adequate time to file any affidavits or depositions in response the state may wish.
(b) (1) If the petitioner is imprisoned, the warden shall arrange for transportation of the petitioner to and from the court upon proper orders issued by the trial judge. (2) The sheriff of the county where the proceeding is pending shall have the authority to receive and transport the petitioner to and from the penitentiary and the court, if the court so orders or if for any reason the warden is unable to transport the petitioner. The sheriff shall be entitled to the same costs allowed for the transportation of prisoners as is provided in criminal cases upon the presentation of the account certified by the judge and district attorney general.
(1) If the petitioner is imprisoned, the warden shall arrange for transportation of the petitioner to and from the court upon proper orders issued by the trial judge.
(2) The sheriff of the county where the proceeding is pending shall have the authority to receive and transport the petitioner to and from the penitentiary and the court, if the court so orders or if for any reason the warden is unable to transport the petitioner. The sheriff shall be entitled to the same costs allowed for the transportation of prisoners as is provided in criminal cases upon the presentation of the account certified by the judge and district attorney general.
(c) Proof upon the petitioner's claim or claims for relief shall be limited to evidence of the allegations of fact in the petition.
(d) All evidentiary hearings shall be recorded.
(e) The Tennessee Rules of Evidence shall apply except as otherwise required in this part.
(f) The petitioner shall have the burden of proving the allegations of fact by clear and convincing evidence. There is a rebuttable presumption that a ground for relief not raised before a court of competent jurisdiction in which the ground could have been presented is waived.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-210 .
Tenn. Code Ann. § 40-33-203 — TN Code / Title 40 / Chapter 33 / Section 40-33-203
Seizure
Status: in_force

(a) Upon effecting a seizure, the seizing officer shall prepare a receipt titled a "Notice of Seizure." The notice of seizure shall be a standard form promulgated by the applicable agency. The applicable agency may adopt an existing notice of seizure form. (b) (1) Upon seizure of a conveyance, the seizing officer shall make reasonable efforts to determine the owner or owners of the property seized as reflected by public records of titles, registrations and other recorded documents. (2) If the conveyance seized is a commercial vehicle or common or contract carrier and the person in possession of the vehicle at the time of seizure does not have an ownership interest in the vehicle, the seizing officer shall, from the vehicle's manifest, bill of lading or public records of titles, registrations and other recorded documents, make reasonable efforts to determine the owner of the conveyance and notify the owner thereof of the seizure. Unless the cargo of the commercial vehicle or common or contract carrier is contraband or subject to forfeiture under some other provision of state or federal law, the cargo is not subject to forfeiture under this part and, upon the request of the owner of the conveyance, shall immediately be released by the seizing agency to the owner or transporting agent. (3) If the conveyance seized is a commercial vehicle or common or contract carrier and the person in possession of the vehicle at the time of seizure has an ownership interest in the vehicle, the seizing officer shall, from the vehicle's manifest or bill of lading, make reasonable efforts to determine the common or contract carrier responsible for conveying the cargo and notify the carrier of the seizure. Unless the cargo of the commercial vehicle or common or contract carrier is contraband or subject to forfeiture under some other provision of state or federal law, the cargo is not subject to forfeiture under this part and, upon the request of the owner of the cargo, shall immediately be released by the seizing agency to the owner or transporting agent. (4) If the conveyance seized is a commercial vehicle or common or contract carrier and the person in possession of the vehicle at the time of seizure does not have an ownership interest in the vehicle, the seizing officer shall, from the vehicle's manifest, bill of lading or public records of titles, registrations and other recorded documents, make reasonable efforts to determine the owner of the conveyance and notify the owner of the conveyance of the seizure. Unless the interest of the owner of the commercial vehicle or common or contract carrier is subject to forfeiture under § 40-33-210(a)(2) , the vehicle or carrier is not subject to forfeiture under this part, the seizing officer shall not seek a forfeiture warrant and, upon the request of the owner of the vehicle or carrier, shall immediately be released by the seizing agency to the owner or transporting agent. For purposes of this subsection (b), "commercial vehicle" includes a private passenger motor vehicle that is used for retail rental for periods of thirty-one (31) days or less. (c) Upon the seizure of any personal property subject to forfeiture pursuant to § 40-33-201 , the seizing officer shall provide the person found in possession of the property, if known, a receipt titled a "Notice of Seizure." The notice of seizure shall contain the following: (1) A general description of the property seized and, if the property is money, the amount seized; (2) The date the property was seized and the date the notice of seizure was given to the person in possession of the seized property; (3) The vehicle identification number (VIN) if the property seized is a motor vehicle; (4) The reason the seizing officer believes the property is subject to seizure and forfeiture; (5) The procedure by which recovery of the property may be sought, including any time periods during which a claim for recovery must be submitted; and (6) The consequences that will attach if no claim for recovery is filed within the applicable time period. (d) Upon the seizure of any personal property subject to forfeiture pursuant to § 40-33-201 where the person in possession is not being arrested, the seizing officer shall provide the person found in possession of the property, if known, a notice entitled "Notice of Forfeiture Warrant Hearing". This notice shall contain the following: (1) The date, time, and court in which the seizing officer will be seeking a forfeiture warrant against the property pursuant to § 40-33-204 ; (2) A statement that the person in possession is entitled to appear in court at the stated date and time to contest the issuance of a forfeiture warrant against the seized property and that this hearing shall be civil in nature pursuant to § 40-33-204(b) ; and (3) A statement that if the person in possession does not appear in court, a forfeiture warrant may be issued and the property subject to the forfeiture process set forth in title 40, chapter 33, part 2 and as stated in the Notice of Seizure. (e) (1) After the seizure of any personal property subject to forfeiture pursuant to § 40-33-201 , where the owner of the property is not present at the time of the seizure, regardless of whether an arrest has been made, the seizing officer shall, within five (5) business days of the date of seizure, mail to the owner by return receipt requested mail, at the owner's last known address as determined from public records of titles, registrations, or other recorded documents or information provided by the person in possession, a notice entitled "Notice of Forfeiture Warrant Hearing". The notice shall contain the following: (A) The date, time, and court in which the seizing officer will be seeking a forfeiture warrant against the property pursuant to § 40-33-204 ; (B) A statement that the owner is entitled to appear in court at the stated date and time to contest the issuance of a forfeiture warrant against the seized property and that this hearing shall be civil in nature pursuant to § 40-33-204(b) ; (C) A statement that if the owner does not appear in court, a forfeiture warrant may be issued and the property subject to the forfeiture process set forth in this part, and as stated in the Notice of Seizure; and (D) A copy of the Notice of Seizure. (2) If an owner cannot be determined from public records of titles, registrations, or other recorded documents or information provided by the person in possession, the officer shall document the attempts made to determine the owner and include the documentation with any application for forfeiture warrant for the judge to review. Amended by 2018 Tenn. Acts, ch. 772,s 1, eff. 10/1/2018. Amended by 2013 Tenn. Acts, ch. 382,s 1, eff. 1/1/2014. Acts 1994, ch. 925, § 1; 1997, ch. 532, § 1.
(a) Upon effecting a seizure, the seizing officer shall prepare a receipt titled a "Notice of Seizure." The notice of seizure shall be a standard form promulgated by the applicable agency. The applicable agency may adopt an existing notice of seizure form.
(b) (1) Upon seizure of a conveyance, the seizing officer shall make reasonable efforts to determine the owner or owners of the property seized as reflected by public records of titles, registrations and other recorded documents. (2) If the conveyance seized is a commercial vehicle or common or contract carrier and the person in possession of the vehicle at the time of seizure does not have an ownership interest in the vehicle, the seizing officer shall, from the vehicle's manifest, bill of lading or public records of titles, registrations and other recorded documents, make reasonable efforts to determine the owner of the conveyance and notify the owner thereof of the seizure. Unless the cargo of the commercial vehicle or common or contract carrier is contraband or subject to forfeiture under some other provision of state or federal law, the cargo is not subject to forfeiture under this part and, upon the request of the owner of the conveyance, shall immediately be released by the seizing agency to the owner or transporting agent. (3) If the conveyance seized is a commercial vehicle or common or contract carrier and the person in possession of the vehicle at the time of seizure has an ownership interest in the vehicle, the seizing officer shall, from the vehicle's manifest or bill of lading, make reasonable efforts to determine the common or contract carrier responsible for conveying the cargo and notify the carrier of the seizure. Unless the cargo of the commercial vehicle or common or contract carrier is contraband or subject to forfeiture under some other provision of state or federal law, the cargo is not subject to forfeiture under this part and, upon the request of the owner of the cargo, shall immediately be released by the seizing agency to the owner or transporting agent. (4) If the conveyance seized is a commercial vehicle or common or contract carrier and the person in possession of the vehicle at the time of seizure does not have an ownership interest in the vehicle, the seizing officer shall, from the vehicle's manifest, bill of lading or public records of titles, registrations and other recorded documents, make reasonable efforts to determine the owner of the conveyance and notify the owner of the conveyance of the seizure. Unless the interest of the owner of the commercial vehicle or common or contract carrier is subject to forfeiture under § 40-33-210(a)(2) , the vehicle or carrier is not subject to forfeiture under this part, the seizing officer shall not seek a forfeiture warrant and, upon the request of the owner of the vehicle or carrier, shall immediately be released by the seizing agency to the owner or transporting agent. For purposes of this subsection (b), "commercial vehicle" includes a private passenger motor vehicle that is used for retail rental for periods of thirty-one (31) days or less.
(1) Upon seizure of a conveyance, the seizing officer shall make reasonable efforts to determine the owner or owners of the property seized as reflected by public records of titles, registrations and other recorded documents.
(2) If the conveyance seized is a commercial vehicle or common or contract carrier and the person in possession of the vehicle at the time of seizure does not have an ownership interest in the vehicle, the seizing officer shall, from the vehicle's manifest, bill of lading or public records of titles, registrations and other recorded documents, make reasonable efforts to determine the owner of the conveyance and notify the owner thereof of the seizure. Unless the cargo of the commercial vehicle or common or contract carrier is contraband or subject to forfeiture under some other provision of state or federal law, the cargo is not subject to forfeiture under this part and, upon the request of the owner of the conveyance, shall immediately be released by the seizing agency to the owner or transporting agent.
(3) If the conveyance seized is a commercial vehicle or common or contract carrier and the person in possession of the vehicle at the time of seizure has an ownership interest in the vehicle, the seizing officer shall, from the vehicle's manifest or bill of lading, make reasonable efforts to determine the common or contract carrier responsible for conveying the cargo and notify the carrier of the seizure. Unless the cargo of the commercial vehicle or common or contract carrier is contraband or subject to forfeiture under some other provision of state or federal law, the cargo is not subject to forfeiture under this part and, upon the request of the owner of the cargo, shall immediately be released by the seizing agency to the owner or transporting agent.
(4) If the conveyance seized is a commercial vehicle or common or contract carrier and the person in possession of the vehicle at the time of seizure does not have an ownership interest in the vehicle, the seizing officer shall, from the vehicle's manifest, bill of lading or public records of titles, registrations and other recorded documents, make reasonable efforts to determine the owner of the conveyance and notify the owner of the conveyance of the seizure. Unless the interest of the owner of the commercial vehicle or common or contract carrier is subject to forfeiture under § 40-33-210(a)(2) , the vehicle or carrier is not subject to forfeiture under this part, the seizing officer shall not seek a forfeiture warrant and, upon the request of the owner of the vehicle or carrier, shall immediately be released by the seizing agency to the owner or transporting agent. For purposes of this subsection (b), "commercial vehicle" includes a private passenger motor vehicle that is used for retail rental for periods of thirty-one (31) days or less.
(c) Upon the seizure of any personal property subject to forfeiture pursuant to § 40-33-201 , the seizing officer shall provide the person found in possession of the property, if known, a receipt titled a "Notice of Seizure." The notice of seizure shall contain the following: (1) A general description of the property seized and, if the property is money, the amount seized; (2) The date the property was seized and the date the notice of seizure was given to the person in possession of the seized property; (3) The vehicle identification number (VIN) if the property seized is a motor vehicle; (4) The reason the seizing officer believes the property is subject to seizure and forfeiture; (5) The procedure by which recovery of the property may be sought, including any time periods during which a claim for recovery must be submitted; and (6) The consequences that will attach if no claim for recovery is filed within the applicable time period.
(1) A general description of the property seized and, if the property is money, the amount seized;
(2) The date the property was seized and the date the notice of seizure was given to the person in possession of the seized property;
(3) The vehicle identification number (VIN) if the property seized is a motor vehicle;
(4) The reason the seizing officer believes the property is subject to seizure and forfeiture;
(5) The procedure by which recovery of the property may be sought, including any time periods during which a claim for recovery must be submitted; and
(6) The consequences that will attach if no claim for recovery is filed within the applicable time period.
(d) Upon the seizure of any personal property subject to forfeiture pursuant to § 40-33-201 where the person in possession is not being arrested, the seizing officer shall provide the person found in possession of the property, if known, a notice entitled "Notice of Forfeiture Warrant Hearing". This notice shall contain the following: (1) The date, time, and court in which the seizing officer will be seeking a forfeiture warrant against the property pursuant to § 40-33-204 ; (2) A statement that the person in possession is entitled to appear in court at the stated date and time to contest the issuance of a forfeiture warrant against the seized property and that this hearing shall be civil in nature pursuant to § 40-33-204(b) ; and (3) A statement that if the person in possession does not appear in court, a forfeiture warrant may be issued and the property subject to the forfeiture process set forth in title 40, chapter 33, part 2 and as stated in the Notice of Seizure.
(1) The date, time, and court in which the seizing officer will be seeking a forfeiture warrant against the property pursuant to § 40-33-204 ;
(2) A statement that the person in possession is entitled to appear in court at the stated date and time to contest the issuance of a forfeiture warrant against the seized property and that this hearing shall be civil in nature pursuant to § 40-33-204(b) ; and
(3) A statement that if the person in possession does not appear in court, a forfeiture warrant may be issued and the property subject to the forfeiture process set forth in title 40, chapter 33, part 2 and as stated in the Notice of Seizure.
(e) (1) After the seizure of any personal property subject to forfeiture pursuant to § 40-33-201 , where the owner of the property is not present at the time of the seizure, regardless of whether an arrest has been made, the seizing officer shall, within five (5) business days of the date of seizure, mail to the owner by return receipt requested mail, at the owner's last known address as determined from public records of titles, registrations, or other recorded documents or information provided by the person in possession, a notice entitled "Notice of Forfeiture Warrant Hearing". The notice shall contain the following: (A) The date, time, and court in which the seizing officer will be seeking a forfeiture warrant against the property pursuant to § 40-33-204 ; (B) A statement that the owner is entitled to appear in court at the stated date and time to contest the issuance of a forfeiture warrant against the seized property and that this hearing shall be civil in nature pursuant to § 40-33-204(b) ; (C) A statement that if the owner does not appear in court, a forfeiture warrant may be issued and the property subject to the forfeiture process set forth in this part, and as stated in the Notice of Seizure; and (D) A copy of the Notice of Seizure. (2) If an owner cannot be determined from public records of titles, registrations, or other recorded documents or information provided by the person in possession, the officer shall document the attempts made to determine the owner and include the documentation with any application for forfeiture warrant for the judge to review.
(1) After the seizure of any personal property subject to forfeiture pursuant to § 40-33-201 , where the owner of the property is not present at the time of the seizure, regardless of whether an arrest has been made, the seizing officer shall, within five (5) business days of the date of seizure, mail to the owner by return receipt requested mail, at the owner's last known address as determined from public records of titles, registrations, or other recorded documents or information provided by the person in possession, a notice entitled "Notice of Forfeiture Warrant Hearing". The notice shall contain the following: (A) The date, time, and court in which the seizing officer will be seeking a forfeiture warrant against the property pursuant to § 40-33-204 ; (B) A statement that the owner is entitled to appear in court at the stated date and time to contest the issuance of a forfeiture warrant against the seized property and that this hearing shall be civil in nature pursuant to § 40-33-204(b) ; (C) A statement that if the owner does not appear in court, a forfeiture warrant may be issued and the property subject to the forfeiture process set forth in this part, and as stated in the Notice of Seizure; and (D) A copy of the Notice of Seizure.
(A) The date, time, and court in which the seizing officer will be seeking a forfeiture warrant against the property pursuant to § 40-33-204 ;
(B) A statement that the owner is entitled to appear in court at the stated date and time to contest the issuance of a forfeiture warrant against the seized property and that this hearing shall be civil in nature pursuant to § 40-33-204(b) ;
(C) A statement that if the owner does not appear in court, a forfeiture warrant may be issued and the property subject to the forfeiture process set forth in this part, and as stated in the Notice of Seizure; and
(D) A copy of the Notice of Seizure.
(2) If an owner cannot be determined from public records of titles, registrations, or other recorded documents or information provided by the person in possession, the officer shall document the attempts made to determine the owner and include the documentation with any application for forfeiture warrant for the judge to review.
Amended by 2018 Tenn. Acts, ch. 772,s 1, eff. 10/1/2018.
Amended by 2013 Tenn. Acts, ch. 382,s 1, eff. 1/1/2014.
Acts 1994, ch. 925, § 1; 1997, ch. 532, § 1.
Tenn. Code Ann. § 40-28-103 — TN Code / Title 40 / Chapter 28 / Section 40-28-103
Board of parole
Status: in_force

(a) There is created a full-time, autonomous board of parole that is composed of seven (7) members who shall be appointed by the governor, and that shall be autonomous in structure and shall have the authority to perform all administrative functions necessary to carry out its duties, including the submission of a budget request to the commissioner of finance and administration and the submission of personnel actions to the commissioner of human resources. In all respects the board shall be separate functionally and administratively from any other agency. In performing the administrative and financial functions necessary to its operations, the board and its employees shall be subject to the budgetary, accounting, personnel, purchasing and audit requirements, as well as other administrative requirements, applicable to all state departments and agencies pursuant to title 4, chapters 3 and 4. (b) In the initial appointments made under this section, the speaker of the senate and the speaker of the house of representatives shall jointly appoint one (1) member to a term expiring on January 1, 1986. The governor shall appoint two (2) members to terms expiring on January 1, 1984, and two (2) members to terms expiring on January 1, 1982. On June 2, 1989, the governor shall appoint two (2) additional members to terms expiring on January 1, 1992. Thereafter, all members shall serve six-year terms and shall be eligible for reappointment. Beginning on April 7, 2017, all appointments and reappointments shall be made by the governor. (c) In considering persons for appointment, the appointing authority shall give preference to candidates with training, education or experience in the criminal justice system, law, corrections, medicine, education, social work or the behavioral sciences. Beginning with the gubernatorial appointments that are made to the board of parole for terms beginning in January 2018 or when a vacancy on the board occurs, every six (6) years the governor shall strive to appoint at least one (1) individual to the board who possesses expertise in corrections, probation, or parole by virtue of training or employment. No member of the board shall hold any other salaried public office, whether elective or appointive, nor shall any member engage for pay in any other business or profession. (d) Vacancies occurring in an office of a member of the board before the expiration of a term by reason of death, resignation, removal or any other reason shall be filled by the governor in the same manner as a regular appointment for the remainder of the unexpired term. (e) The governor shall appoint one (1) member of the board to serve as its chair for a term of two (2) years, beginning July 1 of the appropriate year. The chair shall direct the operation of the board and shall fulfill the functions established by statute, unless duties and responsibilities are otherwise assigned under this chapter. The board may designate one (1) of its members to act as chair during the absence or incapacity of the chair, and when so acting, the member so designated shall have and perform all the powers and duties of the chair of the board. Amended by 2017 Tenn. Acts, ch. 108,Secs.s1, s2, s3 eff. 4/7/2017. Acts 1937, ch. 276, §§ 1, 2; 1949, ch. 18, §§ 1-3; mod. C. Supp. 1950, §§ 11818.1, 11818.2 (Williams, §§ 11843.1, 11843.2); Acts 1961, ch. 93, § 1; 1963, ch. 288, § 1; 1970, ch. 488, § 1; 1972, ch. 636, §§ 1-8; 1976, ch. 806, § 1(82); 1978, ch. 929, § 6; 1979, ch. 359, §§ 2-5, 7; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 584, § 1; T.C.A. (orig. ed.), § 40-3601(3); Acts 1984, ch. 736, § 1; 1989, ch. 506, §§ 1, 2; 1998, ch. 1049, § 66.
(a) There is created a full-time, autonomous board of parole that is composed of seven (7) members who shall be appointed by the governor, and that shall be autonomous in structure and shall have the authority to perform all administrative functions necessary to carry out its duties, including the submission of a budget request to the commissioner of finance and administration and the submission of personnel actions to the commissioner of human resources. In all respects the board shall be separate functionally and administratively from any other agency. In performing the administrative and financial functions necessary to its operations, the board and its employees shall be subject to the budgetary, accounting, personnel, purchasing and audit requirements, as well as other administrative requirements, applicable to all state departments and agencies pursuant to title 4, chapters 3 and 4.
(b) In the initial appointments made under this section, the speaker of the senate and the speaker of the house of representatives shall jointly appoint one (1) member to a term expiring on January 1, 1986. The governor shall appoint two (2) members to terms expiring on January 1, 1984, and two (2) members to terms expiring on January 1, 1982. On June 2, 1989, the governor shall appoint two (2) additional members to terms expiring on January 1, 1992. Thereafter, all members shall serve six-year terms and shall be eligible for reappointment. Beginning on April 7, 2017, all appointments and reappointments shall be made by the governor.
(c) In considering persons for appointment, the appointing authority shall give preference to candidates with training, education or experience in the criminal justice system, law, corrections, medicine, education, social work or the behavioral sciences. Beginning with the gubernatorial appointments that are made to the board of parole for terms beginning in January 2018 or when a vacancy on the board occurs, every six (6) years the governor shall strive to appoint at least one (1) individual to the board who possesses expertise in corrections, probation, or parole by virtue of training or employment. No member of the board shall hold any other salaried public office, whether elective or appointive, nor shall any member engage for pay in any other business or profession.
(d) Vacancies occurring in an office of a member of the board before the expiration of a term by reason of death, resignation, removal or any other reason shall be filled by the governor in the same manner as a regular appointment for the remainder of the unexpired term.
(e) The governor shall appoint one (1) member of the board to serve as its chair for a term of two (2) years, beginning July 1 of the appropriate year. The chair shall direct the operation of the board and shall fulfill the functions established by statute, unless duties and responsibilities are otherwise assigned under this chapter. The board may designate one (1) of its members to act as chair during the absence or incapacity of the chair, and when so acting, the member so designated shall have and perform all the powers and duties of the chair of the board.
Amended by 2017 Tenn. Acts, ch. 108,Secs.s1, s2, s3 eff. 4/7/2017.
Acts 1937, ch. 276, §§ 1, 2; 1949, ch. 18, §§ 1-3; mod. C. Supp. 1950, §§ 11818.1, 11818.2 (Williams, §§ 11843.1, 11843.2); Acts 1961, ch. 93, § 1; 1963, ch. 288, § 1; 1970, ch. 488, § 1; 1972, ch. 636, §§ 1-8; 1976, ch. 806, § 1(82); 1978, ch. 929, § 6; 1979, ch. 359, §§ 2-5, 7; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 584, § 1; T.C.A. (orig. ed.), § 40-3601(3); Acts 1984, ch. 736, § 1; 1989, ch. 506, §§ 1, 2; 1998, ch. 1049, § 66.
Tenn. Code Ann. § 40-35-210 — TN Code / Title 40 / Chapter 35 / Section 40-35-210
Imposition of sentence - Evidence to be considered - Presumptive sentence - Sentence explanation
Status: in_force

(a) At the conclusion of the sentencing hearing, the court shall first determine the appropriate range of sentence. (b) To determine the specific sentence and the appropriate combination of sentencing alternatives that shall be imposed on the defendant, the court shall consider the following: (1) The evidence, if any, received at the trial and the sentencing hearing; (2) The presentence report; (3) The principles of sentencing and arguments as to sentencing alternatives; (4) The nature and characteristics of the criminal conduct involved; (5) Evidence and information offered by the parties on the mitigating and enhancement factors set out in §§ 40-35-113 and 40-35-114 ; (6) Any statistical information provided by the administrative office of the courts as to sentencing practices for similar offenses in Tennessee; (7) Any statement the defendant wishes to make on the defendant's own behalf about sentencing; and (8) The result of the validated risk and needs assessment conducted by the department and contained in the presentence report. (c) The court shall impose a sentence within the range of punishment, determined by whether the defendant is a mitigated, standard, persistent, career or repeat violent offender. In imposing a specific sentence within the range of punishment, the court shall consider, but is not bound by, the following advisory sentencing guidelines: (1) The minimum sentence within the range of punishment is the sentence that should be imposed, because the general assembly set the minimum length of sentence for each felony class to reflect the relative seriousness of each criminal offense in the felony classifications; and (2) The sentence length within the range should be adjusted, as appropriate, by the presence or absence of mitigating and enhancement factors set out in §§ 40-35-113 and 40-35-114 . (d) The sentence length within the range should be consistent with the purposes and principles of this chapter. (e) (1) In order to ensure fair and consistent sentencing, at a sentencing hearing the court shall place on the record, either orally or in writing, the following: (A) What enhancing or mitigating factors were considered, if any; (B) The reasons for the sentence; and (C) For a sentence of continuous confinement, the estimated number of years and months the defendant will serve before becoming eligible for release. (2) The department of correction shall provide the court with a form to assist in determining the estimation referenced in subdivision (e)(1)(C). (3) The estimation provided pursuant to subdivision (e)(1)(C) is not a basis for post-conviction relief or for a direct appeal of the defendant's sentence. (f) A sentence must be based on evidence in the record of the trial, the sentencing hearing, the presentence report, the validated risk and needs assessment, and the record of prior felony convictions filed by the district attorney general with the court, as required by § 40-35-202(a) . (g) When the court accepts a plea of guilty or nolo contendere or imposes a sentence on a defendant who has been convicted of a felony offense that occurred on or after July 1, 2021, the court shall specify in its order that the defendant may be subject to an additional year of mandatory reentry supervision pursuant to § 40-35-506 if, at the time of release, the defendant is not an eligible inmate as defined in § 40-35-506 . Amended by 2022 Tenn. Acts, ch. 952, s 2, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 410, s 16, eff. 5/12/2021. Amended by 2016 Tenn. Acts, ch. 906, s 10, eff. 1/1/2017. Amended by 2016 Tenn. Acts, ch. 906, s 9, eff. 1/1/2017. Acts 1989, ch. 591, § 6; 1995, ch. 493, § 1; 1998, ch. 914, § 1; 2000, ch. 800, § 2; 2005, ch. 353, § 6.
(a) At the conclusion of the sentencing hearing, the court shall first determine the appropriate range of sentence.
(b) To determine the specific sentence and the appropriate combination of sentencing alternatives that shall be imposed on the defendant, the court shall consider the following: (1) The evidence, if any, received at the trial and the sentencing hearing; (2) The presentence report; (3) The principles of sentencing and arguments as to sentencing alternatives; (4) The nature and characteristics of the criminal conduct involved; (5) Evidence and information offered by the parties on the mitigating and enhancement factors set out in §§ 40-35-113 and 40-35-114 ; (6) Any statistical information provided by the administrative office of the courts as to sentencing practices for similar offenses in Tennessee; (7) Any statement the defendant wishes to make on the defendant's own behalf about sentencing; and (8) The result of the validated risk and needs assessment conducted by the department and contained in the presentence report.
(1) The evidence, if any, received at the trial and the sentencing hearing;
(2) The presentence report;
(3) The principles of sentencing and arguments as to sentencing alternatives;
(4) The nature and characteristics of the criminal conduct involved;
(5) Evidence and information offered by the parties on the mitigating and enhancement factors set out in §§ 40-35-113 and 40-35-114 ;
(6) Any statistical information provided by the administrative office of the courts as to sentencing practices for similar offenses in Tennessee;
(7) Any statement the defendant wishes to make on the defendant's own behalf about sentencing; and
(8) The result of the validated risk and needs assessment conducted by the department and contained in the presentence report.
(c) The court shall impose a sentence within the range of punishment, determined by whether the defendant is a mitigated, standard, persistent, career or repeat violent offender. In imposing a specific sentence within the range of punishment, the court shall consider, but is not bound by, the following advisory sentencing guidelines: (1) The minimum sentence within the range of punishment is the sentence that should be imposed, because the general assembly set the minimum length of sentence for each felony class to reflect the relative seriousness of each criminal offense in the felony classifications; and (2) The sentence length within the range should be adjusted, as appropriate, by the presence or absence of mitigating and enhancement factors set out in §§ 40-35-113 and 40-35-114 .
(1) The minimum sentence within the range of punishment is the sentence that should be imposed, because the general assembly set the minimum length of sentence for each felony class to reflect the relative seriousness of each criminal offense in the felony classifications; and
(2) The sentence length within the range should be adjusted, as appropriate, by the presence or absence of mitigating and enhancement factors set out in §§ 40-35-113 and 40-35-114 .
(d) The sentence length within the range should be consistent with the purposes and principles of this chapter.
(e) (1) In order to ensure fair and consistent sentencing, at a sentencing hearing the court shall place on the record, either orally or in writing, the following: (A) What enhancing or mitigating factors were considered, if any; (B) The reasons for the sentence; and (C) For a sentence of continuous confinement, the estimated number of years and months the defendant will serve before becoming eligible for release. (2) The department of correction shall provide the court with a form to assist in determining the estimation referenced in subdivision (e)(1)(C). (3) The estimation provided pursuant to subdivision (e)(1)(C) is not a basis for post-conviction relief or for a direct appeal of the defendant's sentence.
(1) In order to ensure fair and consistent sentencing, at a sentencing hearing the court shall place on the record, either orally or in writing, the following: (A) What enhancing or mitigating factors were considered, if any; (B) The reasons for the sentence; and (C) For a sentence of continuous confinement, the estimated number of years and months the defendant will serve before becoming eligible for release.
(A) What enhancing or mitigating factors were considered, if any;
(B) The reasons for the sentence; and
(C) For a sentence of continuous confinement, the estimated number of years and months the defendant will serve before becoming eligible for release.
(2) The department of correction shall provide the court with a form to assist in determining the estimation referenced in subdivision (e)(1)(C).
(3) The estimation provided pursuant to subdivision (e)(1)(C) is not a basis for post-conviction relief or for a direct appeal of the defendant's sentence.
(f) A sentence must be based on evidence in the record of the trial, the sentencing hearing, the presentence report, the validated risk and needs assessment, and the record of prior felony convictions filed by the district attorney general with the court, as required by § 40-35-202(a) .
(g) When the court accepts a plea of guilty or nolo contendere or imposes a sentence on a defendant who has been convicted of a felony offense that occurred on or after July 1, 2021, the court shall specify in its order that the defendant may be subject to an additional year of mandatory reentry supervision pursuant to § 40-35-506 if, at the time of release, the defendant is not an eligible inmate as defined in § 40-35-506 .
Amended by 2022 Tenn. Acts, ch. 952, s 2, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 410, s 16, eff. 5/12/2021.
Amended by 2016 Tenn. Acts, ch. 906, s 10, eff. 1/1/2017.
Amended by 2016 Tenn. Acts, ch. 906, s 9, eff. 1/1/2017.
Acts 1989, ch. 591, § 6; 1995, ch. 493, § 1; 1998, ch. 914, § 1; 2000, ch. 800, § 2; 2005, ch. 353, § 6.
Tenn. Code Ann. § 40-5-204 — TN Code / Title 40 / Chapter 5 / Section 40-5-204
Appointment - Management rotation
Status: in_force

(a) The judicial commissioner or commissioners shall be appointed by a majority of the general sessions judges in the county and serve at the pleasure of the majority of the general sessions judges. (b) In a county with more than one (1) general sessions judge in which the judicial commissioners are supervised by the general sessions judges, the management and supervision of any judicial commissioners appointed pursuant to this part must rotate between the general sessions judges having criminal jurisdiction in the county on an annual basis. Amended by 2024 Tenn. Acts, ch. 786,s 2, eff. 4/23/2024. Acts 1983, ch. 86, § 1.
(a) The judicial commissioner or commissioners shall be appointed by a majority of the general sessions judges in the county and serve at the pleasure of the majority of the general sessions judges.
(b) In a county with more than one (1) general sessions judge in which the judicial commissioners are supervised by the general sessions judges, the management and supervision of any judicial commissioners appointed pursuant to this part must rotate between the general sessions judges having criminal jurisdiction in the county on an annual basis.
Amended by 2024 Tenn. Acts, ch. 786,s 2, eff. 4/23/2024.
Acts 1983, ch. 86, § 1.
Tenn. Code Ann. § 40-35-304 — TN Code / Title 40 / Chapter 35 / Section 40-35-304
Restitution as condition for probation - Petition to modify - Civil judgment for nonpayment - Procedure
Status: in_force

(a) A sentencing court may direct a defendant to make restitution to the victim of the offense as a condition of probation. (b) Whenever the court believes that restitution may be proper or the victim of the offense or the district attorney general requests, the court shall order the presentence service officer to include in the presentence report documentation regarding the nature and amount of the victim's pecuniary loss. (c) The court shall specify at the time of the sentencing hearing the amount and time of payment or other restitution to the victim and may permit payment or performance in installments. The court may not establish a payment or performance schedule extending beyond the statutory maximum term of probation supervision that could have been imposed for the offense. (d) In determining the amount and method of payment or other restitution, the court may consider the financial resources and future ability of the defendant to pay or perform. (e) As used in this section: (1) "Pecuniary loss" means: (A) All special damages, but not general damages, as substantiated by evidence in the record or as agreed to by the defendant; and (B) Reasonable out-of-pocket expenses incurred by the victim resulting from the filing of charges or cooperating in the investigation and prosecution of the offense; provided, that the payment of special prosecutors is not considered an out-of-pocket expense; and (2) "Victim" includes a reciprocal, as defined in § 56-16-102 , whether or not formed under the laws of this state, when the reciprocal has compensated a subscriber for loss incurred as a result of the offense, to the extent that the reciprocal paid the compensation to the subscriber. (f) A defendant, victim or district attorney general at any time may petition the sentencing court to adjust or otherwise waive payment or performance of any ordered restitution or any unpaid or unperformed portion of the restitution. The court shall schedule a hearing and give the victim and the defendant notice of the hearing, including the date, place and time and inform the victim and defendant that each will have an opportunity to be heard. If the court finds that the circumstances upon which it based the imposition or amount and method of payment or other restitution ordered no longer exist or that it otherwise would be unjust to require payment or other restitution as imposed, the court may adjust or waive payment of the unpaid portion of the restitution or other restitution or modify the time or method of making restitution. The court may extend the restitution schedule, but not beyond the term of probation supervision. (g) The procedure for a defendant sentenced to pay restitution pursuant to § 40-35-104(c)(2) , or otherwise, shall be the same as is provided in this section with the following exceptions: (1) If there is no sentencing hearing or presentence report because the defendant's sentence is agreed upon and the payment of restitution is a part of the sentence, the plea agreement shall include the amount of restitution and the other performance requirements set out in subsection (c); (2) A defendant sentenced in whole or in part to the payment of restitution pursuant to § 40-35-104(c)(2) , or otherwise, shall be responsible for the payment of the restitution until the expiration of the sentence imposed by the court, and any payment or performance schedule established by the court shall not extend beyond the expiration date; (3) If the court sentences a defendant to payment of restitution and believes that payment to more than one (1) victim is proper, the court shall determine the pecuniary loss of each victim as provided in this section and shall order the amount of restitution to each victim; (4) If, as a result of the defendant's criminal conduct, the victim or victims of the offense are dead at the time of sentencing, the court may sentence the defendant to pay restitution to the victim's or victims' next-of-kin; and (5) Nothing in § 39-11-118 , § 40-35-104(c)(2) or this subsection (g) shall be construed to prohibit or delay a victim from applying for and receiving any compensation to which the victim is entitled under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13. If the court orders the defendant to pay restitution pursuant to § 39-11-118 , § 40-35-104(c)(2) or this subsection (g), the state shall have a subrogation interest in the restitution payments for the full amount paid the victim under the Criminal Injuries Compensation Act. (h) (1) Notwithstanding any law to the contrary, upon expiration of the time of payment or the payment schedule imposed pursuant to subsection (c) or (g), if any portion of restitution remains unpaid, then the victim or the victim's beneficiary may convert the unpaid balance into a civil judgment in accordance with the procedure set forth in this subsection (h). (2) Within the twelve-month period following expiration of the time of payment or the payment schedule imposed pursuant to subsection (c) or (g), the victim or the victim's beneficiary may file a certified copy of the restitution order with an appropriate civil court having jurisdiction over the total amount of restitution ordered. (3) At the same time the victim or victim's beneficiary files a certified copy of the restitution order with the civil court, the victim or victim's beneficiary shall have the defendant personally served in accordance with the Tennessee rules of civil procedure. The service shall give notice to the defendant of the victim's or victim's beneficiary's intent to convert the restitution order to a civil judgment, and include a copy of the restitution order and a statement as to the amount of unpaid restitution the victim or victim's beneficiary alleges the defendant still owes. (4) Upon being served, the defendant shall be permitted to file an answer in accordance with the Tennessee rules of civil procedure. (5) Upon service of the defendant and receipt of the defendant's answer, if any, the civil court shall conduct a hearing in order to take proof as to the amount of ordered restitution actually paid. Both the victim or victim's beneficiary and the defendant shall be permitted to offer proof at this hearing. If the court finds by a preponderance of the evidence presented that the amount of restitution actually paid is less than the total amount of restitution ordered pursuant to subsection (c) or (g), then the court shall enter a judgment in favor of the victim or the victim's beneficiary and against the defendant for the amount of the unpaid balance of the restitution. (6) At the hearing conducted in accordance with this subsection (h), the only issues over which the court shall have jurisdiction is whether the defendant was properly served in accordance with the Tennessee rules of civil procedure, whether the restitution order entered against the defendant pursuant to this section has been satisfied by the defendant and, if not, the amount of restitution still owed by the defendant. (7) A civil judgment entered pursuant to this subsection (h) shall remain in effect from the date of entry until it is paid in full or is otherwise discharged and shall be enforceable by the victim or the victim's beneficiary in the same manner and to the same extent as other civil judgments are enforceable. Amended by 2024 Tenn. Acts, ch. 811,s 1, eff. 4/29/2024. Amended by 2021 Tenn. Acts, ch. 413, s 2, eff. 1/1/2022. Amended by 2014 Tenn. Acts, ch. 596, s 2, eff. 7/1/2014. Acts 1989, ch. 591, § 6; 1996, ch. 699, §§ 3, 4; 2000, ch. 833, § 1.
(a) A sentencing court may direct a defendant to make restitution to the victim of the offense as a condition of probation.
(b) Whenever the court believes that restitution may be proper or the victim of the offense or the district attorney general requests, the court shall order the presentence service officer to include in the presentence report documentation regarding the nature and amount of the victim's pecuniary loss.
(c) The court shall specify at the time of the sentencing hearing the amount and time of payment or other restitution to the victim and may permit payment or performance in installments. The court may not establish a payment or performance schedule extending beyond the statutory maximum term of probation supervision that could have been imposed for the offense.
(d) In determining the amount and method of payment or other restitution, the court may consider the financial resources and future ability of the defendant to pay or perform.
(e) As used in this section: (1) "Pecuniary loss" means: (A) All special damages, but not general damages, as substantiated by evidence in the record or as agreed to by the defendant; and (B) Reasonable out-of-pocket expenses incurred by the victim resulting from the filing of charges or cooperating in the investigation and prosecution of the offense; provided, that the payment of special prosecutors is not considered an out-of-pocket expense; and (2) "Victim" includes a reciprocal, as defined in § 56-16-102 , whether or not formed under the laws of this state, when the reciprocal has compensated a subscriber for loss incurred as a result of the offense, to the extent that the reciprocal paid the compensation to the subscriber.
(1) "Pecuniary loss" means: (A) All special damages, but not general damages, as substantiated by evidence in the record or as agreed to by the defendant; and (B) Reasonable out-of-pocket expenses incurred by the victim resulting from the filing of charges or cooperating in the investigation and prosecution of the offense; provided, that the payment of special prosecutors is not considered an out-of-pocket expense; and
(A) All special damages, but not general damages, as substantiated by evidence in the record or as agreed to by the defendant; and
(B) Reasonable out-of-pocket expenses incurred by the victim resulting from the filing of charges or cooperating in the investigation and prosecution of the offense; provided, that the payment of special prosecutors is not considered an out-of-pocket expense; and
(2) "Victim" includes a reciprocal, as defined in § 56-16-102 , whether or not formed under the laws of this state, when the reciprocal has compensated a subscriber for loss incurred as a result of the offense, to the extent that the reciprocal paid the compensation to the subscriber.
(f) A defendant, victim or district attorney general at any time may petition the sentencing court to adjust or otherwise waive payment or performance of any ordered restitution or any unpaid or unperformed portion of the restitution. The court shall schedule a hearing and give the victim and the defendant notice of the hearing, including the date, place and time and inform the victim and defendant that each will have an opportunity to be heard. If the court finds that the circumstances upon which it based the imposition or amount and method of payment or other restitution ordered no longer exist or that it otherwise would be unjust to require payment or other restitution as imposed, the court may adjust or waive payment of the unpaid portion of the restitution or other restitution or modify the time or method of making restitution. The court may extend the restitution schedule, but not beyond the term of probation supervision.
(g) The procedure for a defendant sentenced to pay restitution pursuant to § 40-35-104(c)(2) , or otherwise, shall be the same as is provided in this section with the following exceptions: (1) If there is no sentencing hearing or presentence report because the defendant's sentence is agreed upon and the payment of restitution is a part of the sentence, the plea agreement shall include the amount of restitution and the other performance requirements set out in subsection (c); (2) A defendant sentenced in whole or in part to the payment of restitution pursuant to § 40-35-104(c)(2) , or otherwise, shall be responsible for the payment of the restitution until the expiration of the sentence imposed by the court, and any payment or performance schedule established by the court shall not extend beyond the expiration date; (3) If the court sentences a defendant to payment of restitution and believes that payment to more than one (1) victim is proper, the court shall determine the pecuniary loss of each victim as provided in this section and shall order the amount of restitution to each victim; (4) If, as a result of the defendant's criminal conduct, the victim or victims of the offense are dead at the time of sentencing, the court may sentence the defendant to pay restitution to the victim's or victims' next-of-kin; and (5) Nothing in § 39-11-118 , § 40-35-104(c)(2) or this subsection (g) shall be construed to prohibit or delay a victim from applying for and receiving any compensation to which the victim is entitled under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13. If the court orders the defendant to pay restitution pursuant to § 39-11-118 , § 40-35-104(c)(2) or this subsection (g), the state shall have a subrogation interest in the restitution payments for the full amount paid the victim under the Criminal Injuries Compensation Act.
(1) If there is no sentencing hearing or presentence report because the defendant's sentence is agreed upon and the payment of restitution is a part of the sentence, the plea agreement shall include the amount of restitution and the other performance requirements set out in subsection (c);
(2) A defendant sentenced in whole or in part to the payment of restitution pursuant to § 40-35-104(c)(2) , or otherwise, shall be responsible for the payment of the restitution until the expiration of the sentence imposed by the court, and any payment or performance schedule established by the court shall not extend beyond the expiration date;
(3) If the court sentences a defendant to payment of restitution and believes that payment to more than one (1) victim is proper, the court shall determine the pecuniary loss of each victim as provided in this section and shall order the amount of restitution to each victim;
(4) If, as a result of the defendant's criminal conduct, the victim or victims of the offense are dead at the time of sentencing, the court may sentence the defendant to pay restitution to the victim's or victims' next-of-kin; and
(5) Nothing in § 39-11-118 , § 40-35-104(c)(2) or this subsection (g) shall be construed to prohibit or delay a victim from applying for and receiving any compensation to which the victim is entitled under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13. If the court orders the defendant to pay restitution pursuant to § 39-11-118 , § 40-35-104(c)(2) or this subsection (g), the state shall have a subrogation interest in the restitution payments for the full amount paid the victim under the Criminal Injuries Compensation Act.
(h) (1) Notwithstanding any law to the contrary, upon expiration of the time of payment or the payment schedule imposed pursuant to subsection (c) or (g), if any portion of restitution remains unpaid, then the victim or the victim's beneficiary may convert the unpaid balance into a civil judgment in accordance with the procedure set forth in this subsection (h). (2) Within the twelve-month period following expiration of the time of payment or the payment schedule imposed pursuant to subsection (c) or (g), the victim or the victim's beneficiary may file a certified copy of the restitution order with an appropriate civil court having jurisdiction over the total amount of restitution ordered. (3) At the same time the victim or victim's beneficiary files a certified copy of the restitution order with the civil court, the victim or victim's beneficiary shall have the defendant personally served in accordance with the Tennessee rules of civil procedure. The service shall give notice to the defendant of the victim's or victim's beneficiary's intent to convert the restitution order to a civil judgment, and include a copy of the restitution order and a statement as to the amount of unpaid restitution the victim or victim's beneficiary alleges the defendant still owes. (4) Upon being served, the defendant shall be permitted to file an answer in accordance with the Tennessee rules of civil procedure. (5) Upon service of the defendant and receipt of the defendant's answer, if any, the civil court shall conduct a hearing in order to take proof as to the amount of ordered restitution actually paid. Both the victim or victim's beneficiary and the defendant shall be permitted to offer proof at this hearing. If the court finds by a preponderance of the evidence presented that the amount of restitution actually paid is less than the total amount of restitution ordered pursuant to subsection (c) or (g), then the court shall enter a judgment in favor of the victim or the victim's beneficiary and against the defendant for the amount of the unpaid balance of the restitution. (6) At the hearing conducted in accordance with this subsection (h), the only issues over which the court shall have jurisdiction is whether the defendant was properly served in accordance with the Tennessee rules of civil procedure, whether the restitution order entered against the defendant pursuant to this section has been satisfied by the defendant and, if not, the amount of restitution still owed by the defendant. (7) A civil judgment entered pursuant to this subsection (h) shall remain in effect from the date of entry until it is paid in full or is otherwise discharged and shall be enforceable by the victim or the victim's beneficiary in the same manner and to the same extent as other civil judgments are enforceable.
(1) Notwithstanding any law to the contrary, upon expiration of the time of payment or the payment schedule imposed pursuant to subsection (c) or (g), if any portion of restitution remains unpaid, then the victim or the victim's beneficiary may convert the unpaid balance into a civil judgment in accordance with the procedure set forth in this subsection (h).
(2) Within the twelve-month period following expiration of the time of payment or the payment schedule imposed pursuant to subsection (c) or (g), the victim or the victim's beneficiary may file a certified copy of the restitution order with an appropriate civil court having jurisdiction over the total amount of restitution ordered.
(3) At the same time the victim or victim's beneficiary files a certified copy of the restitution order with the civil court, the victim or victim's beneficiary shall have the defendant personally served in accordance with the Tennessee rules of civil procedure. The service shall give notice to the defendant of the victim's or victim's beneficiary's intent to convert the restitution order to a civil judgment, and include a copy of the restitution order and a statement as to the amount of unpaid restitution the victim or victim's beneficiary alleges the defendant still owes.
(4) Upon being served, the defendant shall be permitted to file an answer in accordance with the Tennessee rules of civil procedure.
(5) Upon service of the defendant and receipt of the defendant's answer, if any, the civil court shall conduct a hearing in order to take proof as to the amount of ordered restitution actually paid. Both the victim or victim's beneficiary and the defendant shall be permitted to offer proof at this hearing. If the court finds by a preponderance of the evidence presented that the amount of restitution actually paid is less than the total amount of restitution ordered pursuant to subsection (c) or (g), then the court shall enter a judgment in favor of the victim or the victim's beneficiary and against the defendant for the amount of the unpaid balance of the restitution.
(6) At the hearing conducted in accordance with this subsection (h), the only issues over which the court shall have jurisdiction is whether the defendant was properly served in accordance with the Tennessee rules of civil procedure, whether the restitution order entered against the defendant pursuant to this section has been satisfied by the defendant and, if not, the amount of restitution still owed by the defendant.
(7) A civil judgment entered pursuant to this subsection (h) shall remain in effect from the date of entry until it is paid in full or is otherwise discharged and shall be enforceable by the victim or the victim's beneficiary in the same manner and to the same extent as other civil judgments are enforceable.
Amended by 2024 Tenn. Acts, ch. 811,s 1, eff. 4/29/2024.
Amended by 2021 Tenn. Acts, ch. 413, s 2, eff. 1/1/2022.
Amended by 2014 Tenn. Acts, ch. 596, s 2, eff. 7/1/2014.
Acts 1989, ch. 591, § 6; 1996, ch. 699, §§ 3, 4; 2000, ch. 833, § 1.
Tenn. Code Ann. § 40-34-108 — TN Code / Title 40 / Chapter 34 / Section 40-34-108
Maximum reduction of sentence
Status: in_force

(a) (1) (A) Notwithstanding any other law to the contrary, no sentence credits authorized by § 41-21-236 or any other provision of law, or no sentence contract authorized by this chapter or any other provision of law shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty-five percent (35%). (B) For inmates sentenced for offenses committed on or after January 1, 1988, no sentence credits or no sentence contract shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty percent (30%). (2) The sentencing commission shall review the effect of these provisions as part of its duties under law. (b) As used in this section, "sentence credits" includes any credit, whether called such or not, that results in a reduction of the amount of time an inmate must serve on the original sentence or sentences. This section shall not be applicable when the powers granted pursuant to title 41, chapter 1 are in effect to reduce prison overcrowding. Acts 1985 (1st Ex. Sess.), ch. 5, § 52.
(a) (1) (A) Notwithstanding any other law to the contrary, no sentence credits authorized by § 41-21-236 or any other provision of law, or no sentence contract authorized by this chapter or any other provision of law shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty-five percent (35%). (B) For inmates sentenced for offenses committed on or after January 1, 1988, no sentence credits or no sentence contract shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty percent (30%). (2) The sentencing commission shall review the effect of these provisions as part of its duties under law.
(1) (A) Notwithstanding any other law to the contrary, no sentence credits authorized by § 41-21-236 or any other provision of law, or no sentence contract authorized by this chapter or any other provision of law shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty-five percent (35%). (B) For inmates sentenced for offenses committed on or after January 1, 1988, no sentence credits or no sentence contract shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty percent (30%).
(A) Notwithstanding any other law to the contrary, no sentence credits authorized by § 41-21-236 or any other provision of law, or no sentence contract authorized by this chapter or any other provision of law shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty-five percent (35%).
(B) For inmates sentenced for offenses committed on or after January 1, 1988, no sentence credits or no sentence contract shall have the effect of reducing the amount of time an inmate must serve before the inmate's earliest release eligibility date, undiminished by the sentence credits, by more than thirty percent (30%).
(2) The sentencing commission shall review the effect of these provisions as part of its duties under law.
(b) As used in this section, "sentence credits" includes any credit, whether called such or not, that results in a reduction of the amount of time an inmate must serve on the original sentence or sentences. This section shall not be applicable when the powers granted pursuant to title 41, chapter 1 are in effect to reduce prison overcrowding.
Acts 1985 (1st Ex. Sess.), ch. 5, § 52.
Tenn. Code Ann. § 40-38-611 — TN Code / Title 40 / Chapter 38 / Section 40-38-611
List of agencies that provide services to victims of domestic abuse or a sexual offense to assist persons applying to be program participants
Status: in_force

(a) The secretary of state shall establish a list of state and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic abuse or a sexual offense to assist persons applying to be program participants. (b) Notwithstanding any contrary law, a state, local, or nonprofit agency or application assistant that provides counseling, shelter, or any other services to a program participant shall not be required to disclose the confidential address or any other information concerning the program participant for any reason. (c) The secretary of state is authorized to promulgate rules under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, pertaining to application assistants and shall provide training and certification as application assistants to representatives of state, local, and nonprofit agencies that provide counseling and shelter services to victims of domestic abuse or a sexual offense. The secretary of state may partner with nonprofit agencies, or other governmental agencies, to provide training or other services in connection with the program. (d) Any assistance or counseling rendered to an applicant by the office of the secretary of state shall in no way be construed as legal advice. Added by 2018 Tenn. Acts, ch. 1004,s 1, eff. 3/1/2019.
(a) The secretary of state shall establish a list of state and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic abuse or a sexual offense to assist persons applying to be program participants.
(b) Notwithstanding any contrary law, a state, local, or nonprofit agency or application assistant that provides counseling, shelter, or any other services to a program participant shall not be required to disclose the confidential address or any other information concerning the program participant for any reason.
(c) The secretary of state is authorized to promulgate rules under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, pertaining to application assistants and shall provide training and certification as application assistants to representatives of state, local, and nonprofit agencies that provide counseling and shelter services to victims of domestic abuse or a sexual offense. The secretary of state may partner with nonprofit agencies, or other governmental agencies, to provide training or other services in connection with the program.
(d) Any assistance or counseling rendered to an applicant by the office of the secretary of state shall in no way be construed as legal advice.
Added by 2018 Tenn. Acts, ch. 1004,s 1, eff. 3/1/2019.
Tenn. Code Ann. § 40-14-307 — TN Code / Title 40 / Chapter 14 / Section 40-14-307
Duties of designated reporter - Party permitted private reporter
Status: in_force

(a) A designated reporter shall attend every stage of each criminal case before the court and shall record verbatim, by a method prescribed or approved by the administrative director, all proceedings had in open court and other proceedings as the judge may direct. The reporter shall attach the reporter's official certificate to the records so taken and promptly file them with the clerk of the court, who shall preserve them as a part of the records of the trial. (b) A party at the party's own expense may retain a reporter other than the reporter provided under this part to record and transcribe the proceedings and a transcript so prepared may be used for purpose of appeal, as provided by law. Acts 1965, ch. 221, § 7; T.C.A., § 40-2035; Acts 1993, ch. 66, § 61.
(a) A designated reporter shall attend every stage of each criminal case before the court and shall record verbatim, by a method prescribed or approved by the administrative director, all proceedings had in open court and other proceedings as the judge may direct. The reporter shall attach the reporter's official certificate to the records so taken and promptly file them with the clerk of the court, who shall preserve them as a part of the records of the trial.
(b) A party at the party's own expense may retain a reporter other than the reporter provided under this part to record and transcribe the proceedings and a transcript so prepared may be used for purpose of appeal, as provided by law.
Acts 1965, ch. 221, § 7; T.C.A., § 40-2035; Acts 1993, ch. 66, § 61.
Tenn. Code Ann. § 40-14-101 — TN Code / Title 40 / Chapter 14 / Section 40-14-101
Speedy trial - Right to be heard
Status: in_force

In all criminal prosecutions, the accused is entitled to a speedy trial and to be heard in person and by counsel. Code 1858, § 4992 (deriv. Const. 1834, art. 1, § 9); Shan., § 6951; Code 1932, § 11492; T.C.A. (orig. ed.), § 40-2001.
In all criminal prosecutions, the accused is entitled to a speedy trial and to be heard in person and by counsel.
Code 1858, § 4992 (deriv. Const. 1834, art. 1, § 9); Shan., § 6951; Code 1932, § 11492; T.C.A. (orig. ed.), § 40-2001.
Tenn. Code Ann. § 40-11-401 — TN Code / Title 40 / Chapter 11 / Section 40-11-401
Continuing education required
Status: in_force

(a) Each professional bail bondsman or bonding agent individually, including partners, officers and directors of a corporation engaged for profit who are qualified as professional bail bondsmen or bonding agents, making bonds or entering into undertakings as surety in criminal proceedings as defined in § 40-11-301 , shall obtain eight (8) hours of continuing education credits during each twelve-month period beginning on January 1, 1997. For the purpose of this part, "agent" means a professional bail bondsman or professional bail bonding agent, including those who are licensed as limited insurance representatives by the department of commerce and insurance pursuant to title 56, chapter 6, part 1 and the regulations of that department. (b) Each person acting as a bounty hunter pursuant to § 40-11-318 , including a professional bondsman acting as a bounty hunter, must obtain eight (8) hours of continuing education credits during each twelve-month period beginning on January 1, 2022, and at least five (5) of the eight (8) hours must have a specific focus on bounty hunting. Amended by 2021 Tenn. Acts, ch. 520, s 3, eff. 5/25/2021. Acts 1996, ch. 856, § 1; 1997 , ch. 265, §§ 1, 2.
(a) Each professional bail bondsman or bonding agent individually, including partners, officers and directors of a corporation engaged for profit who are qualified as professional bail bondsmen or bonding agents, making bonds or entering into undertakings as surety in criminal proceedings as defined in § 40-11-301 , shall obtain eight (8) hours of continuing education credits during each twelve-month period beginning on January 1, 1997. For the purpose of this part, "agent" means a professional bail bondsman or professional bail bonding agent, including those who are licensed as limited insurance representatives by the department of commerce and insurance pursuant to title 56, chapter 6, part 1 and the regulations of that department.
(b) Each person acting as a bounty hunter pursuant to § 40-11-318 , including a professional bondsman acting as a bounty hunter, must obtain eight (8) hours of continuing education credits during each twelve-month period beginning on January 1, 2022, and at least five (5) of the eight (8) hours must have a specific focus on bounty hunting.
Amended by 2021 Tenn. Acts, ch. 520, s 3, eff. 5/25/2021.
Acts 1996, ch. 856, § 1; 1997 , ch. 265, §§ 1, 2.
Tenn. Code Ann. § 40-38-205 — TN Code / Title 40 / Chapter 38 / Section 40-38-205
Impact statement to be part of presentence report - Contents - Number of statements
Status: in_force

Prior to imposition of sentence in a felony case, the department of correction shall prepare a written victim impact statement as part of the presentence report on the defendant. The statement shall include applicable information obtained during consultation with the victim or the victim representative. If the victim or victim representative cannot be located or declines to participate in the preparation of the statement, the department shall include a notation to that effect in the statement. If there are multiple victims and preparation of individual victim impact statements is not feasible, the department may submit one (1) or more representative statements. Acts 1993, ch. 438, § 5.
Prior to imposition of sentence in a felony case, the department of correction shall prepare a written victim impact statement as part of the presentence report on the defendant. The statement shall include applicable information obtained during consultation with the victim or the victim representative. If the victim or victim representative cannot be located or declines to participate in the preparation of the statement, the department shall include a notation to that effect in the statement. If there are multiple victims and preparation of individual victim impact statements is not feasible, the department may submit one (1) or more representative statements.
Acts 1993, ch. 438, § 5.