Tenn. Code Ann. § 38-10-103 — TN Code / Title 38 / Chapter 10 / Section 38-10-103
Uniform crime reports - Rules on form and content
Status: in_force

It is the duty of the director of the Tennessee bureau of investigation to adopt and promulgate rules and regulations prescribing the form, general content, time, and manner of submission of the uniform crime reports required pursuant to § 38-10-102 . The rules so adopted and promulgated shall be filed with the secretary of state pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and shall have the force and effect of law. Acts 1973, ch. 159, § 3; 1980, ch. 636, § 6; T.C.A., § 38-1203.
It is the duty of the director of the Tennessee bureau of investigation to adopt and promulgate rules and regulations prescribing the form, general content, time, and manner of submission of the uniform crime reports required pursuant to § 38-10-102 . The rules so adopted and promulgated shall be filed with the secretary of state pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and shall have the force and effect of law.
Acts 1973, ch. 159, § 3; 1980, ch. 636, § 6; T.C.A., § 38-1203.
Tenn. Code Ann. § 38-6-127 — TN Code / Title 38 / Chapter 6 / Section 38-6-127
Applicability of endangered child and young adult alert program to endangered person under 25 years of age
Status: in_force

Notwithstanding any law to the contrary and for purposes of any endangered child and young adult alert program implemented by the Tennessee bureau of investigation that is distinct from the America's Missing Broadcast Emergency Response (AMBER) Alert system and that is used to notify local media about a missing child or young adult, along with any additional available information, such program shall be applied to a person who is under twenty-five (25) years of age and who meets the criteria of being endangered, as established or determined by the bureau. Amended by 2024 Tenn. Acts, ch. 837,s 1, eff. 5/1/2024. Acts 2020, ch. 595, § 2.
Notwithstanding any law to the contrary and for purposes of any endangered child and young adult alert program implemented by the Tennessee bureau of investigation that is distinct from the America's Missing Broadcast Emergency Response (AMBER) Alert system and that is used to notify local media about a missing child or young adult, along with any additional available information, such program shall be applied to a person who is under twenty-five (25) years of age and who meets the criteria of being endangered, as established or determined by the bureau.
Amended by 2024 Tenn. Acts, ch. 837,s 1, eff. 5/1/2024.
Acts 2020, ch. 595, § 2.
Tenn. Code Ann. § 38-3-122 — TN Code / Title 38 / Chapter 3 / Section 38-3-122
Fingerprinting of arrestees pursuant to incarceration or bond
Status: in_force

(a) (1) It is the duty of every booking agency to take, or cause to be taken, a full set of fingerprints of each person arrested, whether by warrant or capias, for an offense that results in the person's incarceration in a jail facility or the person's posting of a bond to avoid incarceration; provided, that fingerprints are not required to be taken of an individual who is repeatedly arrested and incarcerated for a violation of § 39-17-310 , the offense of public intoxication; provided, further, that the booking or arresting officer has verified that the individual's fingerprints are on file from a previous arrest; and provided, further, that fingerprints are not required to be taken of individuals whose fingerprints have previously been stored in the electronic fingerprint imaging files of the law enforcement agency booking the individual, if the arresting or booking officer has verified that the individual's fingerprints are on file through the use of a single digit imaging reader. If the fingerprints are maintained manually, the booking agency shall send a full set of properly completed fingerprints to the Tennessee bureau of investigation. If fingerprints are transmitted to the Tennessee bureau of investigation electronically, the booking agency shall maintain with the arrest report one (1) hard copy of the fingerprints along with an acknowledgement from the Tennessee bureau of investigation that a copy of the fingerprints has been received and accepted. Upon receipt of the fingerprints, the Tennessee bureau of investigation shall retain the fingerprints as provided in § 38-6-103 , and shall send a set of the fingerprints to the federal bureau of investigation. (2) Regardless of whether fingerprints are found to be on file in a law enforcement agency, nothing in subdivision (a)(1) shall be construed as relieving the booking officer from: (A) Reproducing a copy of the fingerprints that are on file; (B) Updating the arrest data; and (C) Then forwarding a full set of fingerprints to the Tennessee bureau of investigation in compliance with this section. (b) A person who is issued a citation pursuant to § 40-7-118 or § 40-7-120 shall not, for purposes of this section, be considered to have been arrested and the agency issuing the citation shall not be required to take the fingerprints of such person. (c) The expense incurred by the Tennessee bureau of investigation by the provisions of §§ 8-4-115 , 8-8-201(35) , this section and § 38-8-111(g) requiring law enforcement officials to take the fingerprints of each person arrested and send them to the bureau shall be funded by either an appropriation in the general appropriations act or by a fifteen dollar ($15.00) increase in the amount of each handgun carry permit application fee; provided, that if there is such an appropriation in the general appropriations act, then the handgun carry permit application fee shall not be increased. Any funds derived from the fifteen dollar ($15.00) increase in the amount of each handgun carry permit application fee shall not revert to the general fund on June 30 of any year but shall remain available for expenditure for its intended purpose as stated within this section. Acts 1997 , ch. 502, §§ 3, 5; 1998, ch. 994, §§ 6, 8; 1999, ch. 338, § 1; 2000, ch. 711, §1; 2008 , ch. 701, §§ 7, 8.
(a) (1) It is the duty of every booking agency to take, or cause to be taken, a full set of fingerprints of each person arrested, whether by warrant or capias, for an offense that results in the person's incarceration in a jail facility or the person's posting of a bond to avoid incarceration; provided, that fingerprints are not required to be taken of an individual who is repeatedly arrested and incarcerated for a violation of § 39-17-310 , the offense of public intoxication; provided, further, that the booking or arresting officer has verified that the individual's fingerprints are on file from a previous arrest; and provided, further, that fingerprints are not required to be taken of individuals whose fingerprints have previously been stored in the electronic fingerprint imaging files of the law enforcement agency booking the individual, if the arresting or booking officer has verified that the individual's fingerprints are on file through the use of a single digit imaging reader. If the fingerprints are maintained manually, the booking agency shall send a full set of properly completed fingerprints to the Tennessee bureau of investigation. If fingerprints are transmitted to the Tennessee bureau of investigation electronically, the booking agency shall maintain with the arrest report one (1) hard copy of the fingerprints along with an acknowledgement from the Tennessee bureau of investigation that a copy of the fingerprints has been received and accepted. Upon receipt of the fingerprints, the Tennessee bureau of investigation shall retain the fingerprints as provided in § 38-6-103 , and shall send a set of the fingerprints to the federal bureau of investigation. (2) Regardless of whether fingerprints are found to be on file in a law enforcement agency, nothing in subdivision (a)(1) shall be construed as relieving the booking officer from: (A) Reproducing a copy of the fingerprints that are on file; (B) Updating the arrest data; and (C) Then forwarding a full set of fingerprints to the Tennessee bureau of investigation in compliance with this section.
(1) It is the duty of every booking agency to take, or cause to be taken, a full set of fingerprints of each person arrested, whether by warrant or capias, for an offense that results in the person's incarceration in a jail facility or the person's posting of a bond to avoid incarceration; provided, that fingerprints are not required to be taken of an individual who is repeatedly arrested and incarcerated for a violation of § 39-17-310 , the offense of public intoxication; provided, further, that the booking or arresting officer has verified that the individual's fingerprints are on file from a previous arrest; and provided, further, that fingerprints are not required to be taken of individuals whose fingerprints have previously been stored in the electronic fingerprint imaging files of the law enforcement agency booking the individual, if the arresting or booking officer has verified that the individual's fingerprints are on file through the use of a single digit imaging reader. If the fingerprints are maintained manually, the booking agency shall send a full set of properly completed fingerprints to the Tennessee bureau of investigation. If fingerprints are transmitted to the Tennessee bureau of investigation electronically, the booking agency shall maintain with the arrest report one (1) hard copy of the fingerprints along with an acknowledgement from the Tennessee bureau of investigation that a copy of the fingerprints has been received and accepted. Upon receipt of the fingerprints, the Tennessee bureau of investigation shall retain the fingerprints as provided in § 38-6-103 , and shall send a set of the fingerprints to the federal bureau of investigation.
(2) Regardless of whether fingerprints are found to be on file in a law enforcement agency, nothing in subdivision (a)(1) shall be construed as relieving the booking officer from: (A) Reproducing a copy of the fingerprints that are on file; (B) Updating the arrest data; and (C) Then forwarding a full set of fingerprints to the Tennessee bureau of investigation in compliance with this section.
(A) Reproducing a copy of the fingerprints that are on file;
(B) Updating the arrest data; and
(C) Then forwarding a full set of fingerprints to the Tennessee bureau of investigation in compliance with this section.
(b) A person who is issued a citation pursuant to § 40-7-118 or § 40-7-120 shall not, for purposes of this section, be considered to have been arrested and the agency issuing the citation shall not be required to take the fingerprints of such person.
(c) The expense incurred by the Tennessee bureau of investigation by the provisions of §§ 8-4-115 , 8-8-201(35) , this section and § 38-8-111(g) requiring law enforcement officials to take the fingerprints of each person arrested and send them to the bureau shall be funded by either an appropriation in the general appropriations act or by a fifteen dollar ($15.00) increase in the amount of each handgun carry permit application fee; provided, that if there is such an appropriation in the general appropriations act, then the handgun carry permit application fee shall not be increased. Any funds derived from the fifteen dollar ($15.00) increase in the amount of each handgun carry permit application fee shall not revert to the general fund on June 30 of any year but shall remain available for expenditure for its intended purpose as stated within this section.
Acts 1997 , ch. 502, §§ 3, 5; 1998, ch. 994, §§ 6, 8; 1999, ch. 338, § 1; 2000, ch. 711, §1; 2008 , ch. 701, §§ 7, 8.
Tenn. Code Ann. § 38-8-114 — TN Code / Title 38 / Chapter 8 / Section 38-8-114
Community policing pilot programs
Status: in_force

The commission shall encourage the use of community policing by establishing six (6) pilot programs for communities across the state. The commission shall establish two (2) pilot programs in each of the three (3) grand divisions with a reasonable distribution between urban and rural areas. The commission may provide a grant of not more than ten thousand dollars ($10,000) for a community policing pilot program to a community that submits a proposal to the commission. To qualify for the grant funds, a community shall satisfy the criteria for participation established by the commission. Acts 1996, ch. 985, § 1.
The commission shall encourage the use of community policing by establishing six (6) pilot programs for communities across the state. The commission shall establish two (2) pilot programs in each of the three (3) grand divisions with a reasonable distribution between urban and rural areas. The commission may provide a grant of not more than ten thousand dollars ($10,000) for a community policing pilot program to a community that submits a proposal to the commission. To qualify for the grant funds, a community shall satisfy the criteria for participation established by the commission.
Acts 1996, ch. 985, § 1.
Tenn. Code Ann. § 38-5-119 — TN Code / Title 38 / Chapter 5 / Section 38-5-119
Disposition of effects found on body
Status: in_force

The coroner shall, within forty (40) days after an inquest on a dead body, deliver to the county trustee any money or other property found on the body, unless used for burial, or claimed in the meantime by the legal representatives of the deceased. If the coroner fails so to do, the trustee may, by motion before any tribunal having cognizance of the amount, upon ten (10) days' notice to the coroner, recover from the coroner and the coroner's official sureties the amount or value of the money or property, with interest, and twelve and one half percent (12.5%) damages. Code 1858, § 5315; Shan., § 7293; Code 1932, § 11894; T.C.A. (orig. ed.), § 38-419.
The coroner shall, within forty (40) days after an inquest on a dead body, deliver to the county trustee any money or other property found on the body, unless used for burial, or claimed in the meantime by the legal representatives of the deceased. If the coroner fails so to do, the trustee may, by motion before any tribunal having cognizance of the amount, upon ten (10) days' notice to the coroner, recover from the coroner and the coroner's official sureties the amount or value of the money or property, with interest, and twelve and one half percent (12.5%) damages.
Code 1858, § 5315; Shan., § 7293; Code 1932, § 11894; T.C.A. (orig. ed.), § 38-419.
Tenn. Code Ann. § 38-7-109 — TN Code / Title 38 / Chapter 7 / Section 38-7-109
Investigation by county medical examiner
Status: in_force

(a) When a death is reported as provided in § 38-7-108 , it is the duty of the county medical examiner in the county in which the death occurred to immediately make an investigation of the circumstances of the death. The county medical examiner shall record and store the findings, and transmit copies according to the death investigation guidelines developed by the Tennessee medical examiner advisory council. In any event the county medical examiner is authorized to remove from the body of the deceased a specimen of blood or other body fluids, or bullets or other foreign objects, and to retain such for testing and/or evidence if in the county medical examiner's judgment these procedures are justified in order to complete the county medical examiner's investigation or autopsy. (b) When an autopsy is ordered by the district attorney general, the county medical examiner shall notify the chief medical examiner and the county medical examiner may perform the autopsy or shall designate and authorize a pathologist to perform the autopsy as provided in § 38-7-105 . Acts 1961, ch. 174, § 8; 1965, ch. 320, §§ 1, 2; 1967, ch. 399, § 5; T.C.A., § 38-709; Acts 1994, ch. 775, § 7; 1995, ch. 258, § 3; 2004, ch. 595, § 1; 2008, ch. 969, §§ 14-16.
(a) When a death is reported as provided in § 38-7-108 , it is the duty of the county medical examiner in the county in which the death occurred to immediately make an investigation of the circumstances of the death. The county medical examiner shall record and store the findings, and transmit copies according to the death investigation guidelines developed by the Tennessee medical examiner advisory council. In any event the county medical examiner is authorized to remove from the body of the deceased a specimen of blood or other body fluids, or bullets or other foreign objects, and to retain such for testing and/or evidence if in the county medical examiner's judgment these procedures are justified in order to complete the county medical examiner's investigation or autopsy.
(b) When an autopsy is ordered by the district attorney general, the county medical examiner shall notify the chief medical examiner and the county medical examiner may perform the autopsy or shall designate and authorize a pathologist to perform the autopsy as provided in § 38-7-105 .
Acts 1961, ch. 174, § 8; 1965, ch. 320, §§ 1, 2; 1967, ch. 399, § 5; T.C.A., § 38-709; Acts 1994, ch. 775, § 7; 1995, ch. 258, § 3; 2004, ch. 595, § 1; 2008, ch. 969, §§ 14-16.
Tenn. Code Ann. § 38-6-124 — TN Code / Title 38 / Chapter 6 / Section 38-6-124
Survey requesting information on best method for interfacing multiple computer databases to allow accessibility by patrolling police officers
Status: in_force

The Tennessee bureau of investigation shall, with the assistance of the Tennessee association of chiefs of police, the Tennessee sheriffs' association and the county officials association of Tennessee, survey appropriate law enforcement agencies and clerks' offices for the specific purpose of requesting information as to the best method for interfacing multiple computer databases to allow accessibility by police officers while on patrol, thereby allowing officers when making a lawful stop to also serve outstanding court papers such as warrants, unserved civil process, orders of protection and restraining orders. On or before January 1, 2015, the Tennessee bureau of investigation shall submit the results of the survey to the judiciary committee of the senate and the civil and criminal justice committees of the house of representatives. Added by 2014 Tenn. Acts, ch. 856,s 1, eff. 4/30/2014.
The Tennessee bureau of investigation shall, with the assistance of the Tennessee association of chiefs of police, the Tennessee sheriffs' association and the county officials association of Tennessee, survey appropriate law enforcement agencies and clerks' offices for the specific purpose of requesting information as to the best method for interfacing multiple computer databases to allow accessibility by police officers while on patrol, thereby allowing officers when making a lawful stop to also serve outstanding court papers such as warrants, unserved civil process, orders of protection and restraining orders. On or before January 1, 2015, the Tennessee bureau of investigation shall submit the results of the survey to the judiciary committee of the senate and the civil and criminal justice committees of the house of representatives.
Added by 2014 Tenn. Acts, ch. 856,s 1, eff. 4/30/2014.
Tenn. Code Ann. § 38-5-121 — TN Code / Title 38 / Chapter 5 / Section 38-5-121
Delivery of property or payment of money to legal representatives of deceased
Status: in_force

If the property, before sale, or the money in the treasury, is demanded in six (6) years by the legal representatives of the deceased, the trustee shall deliver or pay it to them, after deducting the fees of the coroner, expenses of sale, and three percent (3%) commissions for the trustee, and the money may be paid to the representative at any time after the expiration of six (6) years, upon the order of the court of general sessions. Code 1858, § 5317; Shan., § 7295; Code 1932, §11896; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 38-421.
If the property, before sale, or the money in the treasury, is demanded in six (6) years by the legal representatives of the deceased, the trustee shall deliver or pay it to them, after deducting the fees of the coroner, expenses of sale, and three percent (3%) commissions for the trustee, and the money may be paid to the representative at any time after the expiration of six (6) years, upon the order of the court of general sessions.
Code 1858, § 5317; Shan., § 7295; Code 1932, §11896; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 38-421.
Tenn. Code Ann. § 38-1-204 — TN Code / Title 38 / Chapter 1 / Section 38-1-204
Penalties
Status: in_force

A violation of this part is a Class A misdemeanor. Acts 1980, ch. 766, § 4; T.C.A., § 38-609; Acts 1989, ch. 591, § 113; 2009, ch. 282, § 4.
A violation of this part is a Class A misdemeanor.
Acts 1980, ch. 766, § 4; T.C.A., § 38-609; Acts 1989, ch. 591, § 113; 2009, ch. 282, § 4.
Tenn. Code Ann. § 38-10-105 — TN Code / Title 38 / Chapter 10 / Section 38-10-105
Failure of official to make report or comply with provisions
Status: in_force

Any officer or official mentioned in this chapter who shall have been notified and refuses to make any report or do any act required by any provision of this chapter shall be deemed guilty of nonfeasance of office and subject to removal therefrom. Acts 1978, ch. 803, § 2; T.C.A., § 38-1205.
Any officer or official mentioned in this chapter who shall have been notified and refuses to make any report or do any act required by any provision of this chapter shall be deemed guilty of nonfeasance of office and subject to removal therefrom.
Acts 1978, ch. 803, § 2; T.C.A., § 38-1205.
Tenn. Code Ann. § 38-8-101 — TN Code / Title 38 / Chapter 8 / Section 38-8-101
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Campus police officer" means a person commissioned by an employing institution and rendered an oath to provide police services, enforce law, exercise arrest authority and carry firearms in accordance with § 49-7-118 ; (2) "Choke hold" means an intentional use of pressure or constriction to the neck, throat, or windpipe intended to inhibit breathing; (3) "Full-time police officer" means any person employed by any municipality or political subdivision of the state of Tennessee whose primary responsibility is the prevention and detection of crime, and the apprehension of offenders, and whose primary source of income is derived from employment as a police officer; (4) "Part-time police officer," "temporary police officer," "reserve police officer," or "auxiliary police officer" means any person employed by any municipality or any political subdivision of the state of Tennessee whose primary responsibility is to support the full-time police officer in the prevention and detection of crime, apprehension of offenders, and assisting in the prosecution of offenders for appropriate remuneration in measure with specifically assigned duties or job description. Part-time police officers shall work not more than twenty (20) hours per week, for a total of not more than one hundred (100) hours per month. Any police officer who works in excess of the maximum hours as specified in this subdivision (3) shall be reclassified to a full-time status and must meet all requirements for standards and training as mandated under the law and peace officer standards and training commission rules. In any situation where an officer is temporarily assigned, for a period of one (1) month or less, to work more than twenty (20) hours per week, for a total of not more than one hundred (100) hours per month, the officer shall not be reclassified to a full-time status; (5) "Private special deputy" means a person who is employed and compensated by a resort area owner or management company to act as security and law enforcement for the resort area and whose qualifications and training requirements are equivalent to or superior to those required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers; (6) "Public safety officer" means a person who, in addition to being a commissioned campus police officer under § 49-7-118(i)(1) , performs other significant duties such as certified firefighter, medical first responder or other tasks associated with homeland security based on the needs of a particular institution; and (7) (A) "Special deputy" means any person who is assigned specific police functions as to the prevention and detection of crime and general laws of this state on a volunteer basis, whether working alone or with other police officers; (B) Any police officer working on a volunteer basis shall receive no pay or benefits, except for honorariums, and may be utilized for an unlimited number of hours. Amended by 2021 Tenn. Acts, ch. 489, s 2, eff. 5/18/2021. Acts 1981, ch. 455, § 3; T.C.A., § 38-11-101; Acts 1983, ch. 270, § 1; 1988, ch. 968, § 1; 1989, ch. 138, § 1; 1990, ch. 1094, § 1; 1993, ch. 374, § 1; 2006, ch. 862, § 1; 2009 , ch. 190, § 1.
As used in this part, unless the context otherwise requires:
(1) "Campus police officer" means a person commissioned by an employing institution and rendered an oath to provide police services, enforce law, exercise arrest authority and carry firearms in accordance with § 49-7-118 ;
(2) "Choke hold" means an intentional use of pressure or constriction to the neck, throat, or windpipe intended to inhibit breathing;
(3) "Full-time police officer" means any person employed by any municipality or political subdivision of the state of Tennessee whose primary responsibility is the prevention and detection of crime, and the apprehension of offenders, and whose primary source of income is derived from employment as a police officer;
(4) "Part-time police officer," "temporary police officer," "reserve police officer," or "auxiliary police officer" means any person employed by any municipality or any political subdivision of the state of Tennessee whose primary responsibility is to support the full-time police officer in the prevention and detection of crime, apprehension of offenders, and assisting in the prosecution of offenders for appropriate remuneration in measure with specifically assigned duties or job description. Part-time police officers shall work not more than twenty (20) hours per week, for a total of not more than one hundred (100) hours per month. Any police officer who works in excess of the maximum hours as specified in this subdivision (3) shall be reclassified to a full-time status and must meet all requirements for standards and training as mandated under the law and peace officer standards and training commission rules. In any situation where an officer is temporarily assigned, for a period of one (1) month or less, to work more than twenty (20) hours per week, for a total of not more than one hundred (100) hours per month, the officer shall not be reclassified to a full-time status;
(5) "Private special deputy" means a person who is employed and compensated by a resort area owner or management company to act as security and law enforcement for the resort area and whose qualifications and training requirements are equivalent to or superior to those required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers;
(6) "Public safety officer" means a person who, in addition to being a commissioned campus police officer under § 49-7-118(i)(1) , performs other significant duties such as certified firefighter, medical first responder or other tasks associated with homeland security based on the needs of a particular institution; and
(7) (A) "Special deputy" means any person who is assigned specific police functions as to the prevention and detection of crime and general laws of this state on a volunteer basis, whether working alone or with other police officers; (B) Any police officer working on a volunteer basis shall receive no pay or benefits, except for honorariums, and may be utilized for an unlimited number of hours.
(A) "Special deputy" means any person who is assigned specific police functions as to the prevention and detection of crime and general laws of this state on a volunteer basis, whether working alone or with other police officers;
(B) Any police officer working on a volunteer basis shall receive no pay or benefits, except for honorariums, and may be utilized for an unlimited number of hours.
Amended by 2021 Tenn. Acts, ch. 489, s 2, eff. 5/18/2021.
Acts 1981, ch. 455, § 3; T.C.A., § 38-11-101; Acts 1983, ch. 270, § 1; 1988, ch. 968, § 1; 1989, ch. 138, § 1; 1990, ch. 1094, § 1; 1993, ch. 374, § 1; 2006, ch. 862, § 1; 2009 , ch. 190, § 1.
Tenn. Code Ann. § 38-8-130 — TN Code / Title 38 / Chapter 8 / Section 38-8-130
Shooting at moving vehicles
Status: in_force

By January 1, 2022, each law enforcement agency shall develop a policy that limits the circumstances under which an officer may discharge a firearm at or from a moving vehicle, motorcycle, or bicycle to when the officer reasonably believes that deadly force is authorized as provided in § 39-11-620 . Added by 2021 Tenn. Acts, ch. 489, s 4, eff. 5/18/2021.
By January 1, 2022, each law enforcement agency shall develop a policy that limits the circumstances under which an officer may discharge a firearm at or from a moving vehicle, motorcycle, or bicycle to when the officer reasonably believes that deadly force is authorized as provided in § 39-11-620 .
Added by 2021 Tenn. Acts, ch. 489, s 4, eff. 5/18/2021.
Tenn. Code Ann. § 38-1-603 — TN Code / Title 38 / Chapter 1 / Section 38-1-603
Liability of wireless telecommunications service provider
Status: in_force

No cause of action shall lie in any court against any wireless telecommunications service provider, its officers, employees, agents, or other specified persons for providing call location information while acting in good faith and in accordance with this part. A wireless telecommunications service provider shall not be obligated to make an affirmative determination that the requesting law enforcement agency or public safety answering point has met the threshold requirements of this part. Acts 2012, ch. 815, § 2.
No cause of action shall lie in any court against any wireless telecommunications service provider, its officers, employees, agents, or other specified persons for providing call location information while acting in good faith and in accordance with this part. A wireless telecommunications service provider shall not be obligated to make an affirmative determination that the requesting law enforcement agency or public safety answering point has met the threshold requirements of this part.
Acts 2012, ch. 815, § 2.
Tenn. Code Ann. § 38-8-119 — TN Code / Title 38 / Chapter 8 / Section 38-8-119
Training to respond to mentally ill persons
Status: in_force

All police officers shall annually be provided with training in proper procedures to respond to persons with mental illnesses. Acts 2007, ch. 259, § 3; 2011, ch. 106, § 1.
All police officers shall annually be provided with training in proper procedures to respond to persons with mental illnesses.
Acts 2007, ch. 259, § 3; 2011, ch. 106, § 1.
Tenn. Code Ann. § 38-6-112 — TN Code / Title 38 / Chapter 6 / Section 38-6-112
Requests by attorney general and reporter for assistance
Status: in_force

The attorney general and reporter is authorized to request the director of the bureau to furnish any assistance that may be required by the attorney general and reporter in the performance of the attorney general and reporter's duties under title 8, chapter 47, regarding the removal of officers; title 47, chapter 25, part 1, regarding trusts-unlawful restraint of trade and discrimination; §§ 48-1-122 and 48-1-123 , regarding violations of the Tennessee Securities Act of 1980; and title 47, chapter 18, part 1, regarding the Consumer Protection Act of 1977. The bureau is authorized to provide to the attorney general and reporter any assistance that the attorney general and reporter may request pursuant to this section. Acts 1990, ch. 976, § 1.
The attorney general and reporter is authorized to request the director of the bureau to furnish any assistance that may be required by the attorney general and reporter in the performance of the attorney general and reporter's duties under title 8, chapter 47, regarding the removal of officers; title 47, chapter 25, part 1, regarding trusts-unlawful restraint of trade and discrimination; §§ 48-1-122 and 48-1-123 , regarding violations of the Tennessee Securities Act of 1980; and title 47, chapter 18, part 1, regarding the Consumer Protection Act of 1977. The bureau is authorized to provide to the attorney general and reporter any assistance that the attorney general and reporter may request pursuant to this section.
Acts 1990, ch. 976, § 1.
Tenn. Code Ann. § 38-5-120 — TN Code / Title 38 / Chapter 5 / Section 38-5-120
Duty of county trustee as to effects found on body
Status: in_force

Upon receipt of the money by the trustee as provided in § 38-5-119 , the trustee shall place it to the credit of the county. If it is other property, the trustee shall, within three (3) months, sell it at the courthouse of the county, at public auction, upon reasonable public notice, and shall, in like manner, place the proceeds to the credit of the county. Code 1858, § 5316; Shan., § 7294; Code 1932, § 11895; T.C.A. (orig. ed.), § 38-420.
Upon receipt of the money by the trustee as provided in § 38-5-119 , the trustee shall place it to the credit of the county. If it is other property, the trustee shall, within three (3) months, sell it at the courthouse of the county, at public auction, upon reasonable public notice, and shall, in like manner, place the proceeds to the credit of the county.
Code 1858, § 5316; Shan., § 7294; Code 1932, § 11895; T.C.A. (orig. ed.), § 38-420.
Tenn. Code Ann. § 38-8-113 — TN Code / Title 38 / Chapter 8 / Section 38-8-113
Choke holding training
Status: in_force

Use of a choke hold, with or without the use of a police baton, must be taught to candidates at state law enforcement training facilities as a method of restraint to be used only if the officer reasonably believes that deadly force is authorized pursuant to § 39-11-620 . Amended by 2021 Tenn. Acts, ch. 489, s 3, eff. 5/18/2021. Acts 1994, ch. 893, § 1.
Use of a choke hold, with or without the use of a police baton, must be taught to candidates at state law enforcement training facilities as a method of restraint to be used only if the officer reasonably believes that deadly force is authorized pursuant to § 39-11-620 .
Amended by 2021 Tenn. Acts, ch. 489, s 3, eff. 5/18/2021.
Acts 1994, ch. 893, § 1.
Tenn. Code Ann. § 38-6-206 — TN Code / Title 38 / Chapter 6 / Section 38-6-206
Cooperation with other departments
Status: in_force

The narcotics investigation division of the Tennessee bureau of investigation shall have the full cooperation and cooperate fully with the state board of pharmacy, the state board of medical examiners, the department of health, the department of revenue, the department of safety, judicial drug task forces, the district and county attorneys, and the office of the attorney general and reporter, and all local law enforcement agencies. Acts 1998, ch. 1069, § 4.
The narcotics investigation division of the Tennessee bureau of investigation shall have the full cooperation and cooperate fully with the state board of pharmacy, the state board of medical examiners, the department of health, the department of revenue, the department of safety, judicial drug task forces, the district and county attorneys, and the office of the attorney general and reporter, and all local law enforcement agencies.
Acts 1998, ch. 1069, § 4.
Tenn. Code Ann. § 38-7-105 — TN Code / Title 38 / Chapter 7 / Section 38-7-105
Facility for performance of autopsies
Status: in_force

(a) Except as provided in subsection (b), all autopsies must be performed at a facility accredited by the National Association of Medical Examiners (NAME). An accredited facility must maintain accreditation and operate pursuant to NAME guidelines. (b) Autopsies may be performed at a non-accredited facility if: (1) The facility receives provisional accreditation from NAME within two (2) years of beginning operations; (2) The facility receives full accreditation from NAME within three (3) years of beginning operations; and (3) The facility operates pursuant to NAME guidelines. Amended by 2018 Tenn. Acts, ch. 572,s 1, eff. 3/16/2018. Amended by 2013 Tenn. Acts, ch. 67,s 1, eff. 4/1/2013. Acts 1961, ch. 174, § 5; 1967, ch. 399, § 2; 1968, ch. 626, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 38-705; Acts 1994, ch. 775, § 4; 1995, ch. 258, § 1; 2008, ch. 969, § 11; 2009, ch. 392, § 1; 2012, ch. 671, § 1.
(a) Except as provided in subsection (b), all autopsies must be performed at a facility accredited by the National Association of Medical Examiners (NAME). An accredited facility must maintain accreditation and operate pursuant to NAME guidelines.
(b) Autopsies may be performed at a non-accredited facility if: (1) The facility receives provisional accreditation from NAME within two (2) years of beginning operations; (2) The facility receives full accreditation from NAME within three (3) years of beginning operations; and (3) The facility operates pursuant to NAME guidelines.
(1) The facility receives provisional accreditation from NAME within two (2) years of beginning operations;
(2) The facility receives full accreditation from NAME within three (3) years of beginning operations; and
(3) The facility operates pursuant to NAME guidelines.
Amended by 2018 Tenn. Acts, ch. 572,s 1, eff. 3/16/2018.
Amended by 2013 Tenn. Acts, ch. 67,s 1, eff. 4/1/2013.
Acts 1961, ch. 174, § 5; 1967, ch. 399, § 2; 1968, ch. 626, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 38-705; Acts 1994, ch. 775, § 4; 1995, ch. 258, § 1; 2008, ch. 969, § 11; 2009, ch. 392, § 1; 2012, ch. 671, § 1.
Tenn. Code Ann. § 38-3-108 — TN Code / Title 38 / Chapter 3 / Section 38-3-108
Duty to arrest
Status: in_force

It is the duty of all peace officers who know, or have reason to suspect, any person of being armed with the intention of committing a riot or affray, or of assaulting, wounding, or killing another person, or of otherwise breaking the peace, to arrest such person immediately, and take such person before the court of general sessions. Code 1858, § 4939 (deriv. Acts 1825, ch. 19, § 1); Shan., § 6900; Code 1932, § 11424; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 38-208.
It is the duty of all peace officers who know, or have reason to suspect, any person of being armed with the intention of committing a riot or affray, or of assaulting, wounding, or killing another person, or of otherwise breaking the peace, to arrest such person immediately, and take such person before the court of general sessions.
Code 1858, § 4939 (deriv. Acts 1825, ch. 19, § 1); Shan., § 6900; Code 1932, § 11424; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 38-208.
Tenn. Code Ann. § 38-3-119 — TN Code / Title 38 / Chapter 3 / Section 38-3-119
Unenforceability of law, treaty, executive order, rule, or regulation of U.S. government found to violate Article I, Section 26 of Tennessee Constitution or Second Amendment
Status: in_force

Pursuant to the sovereign authority of this state, a law, treaty, executive order, rule, or regulation of the United States government that has been found by the supreme court of the United States or the Tennessee supreme court to violate Article I, § 26 of the Constitution of Tennessee or the Second Amendment to the United States Constitution is null, void, and unenforceable in this state. Added by 2021 Tenn. Acts, ch. 553, s 2, eff. 5/26/2021.
Pursuant to the sovereign authority of this state, a law, treaty, executive order, rule, or regulation of the United States government that has been found by the supreme court of the United States or the Tennessee supreme court to violate Article I, § 26 of the Constitution of Tennessee or the Second Amendment to the United States Constitution is null, void, and unenforceable in this state.
Added by 2021 Tenn. Acts, ch. 553, s 2, eff. 5/26/2021.
Tenn. Code Ann. § 38-8-129 — TN Code / Title 38 / Chapter 8 / Section 38-8-129
Duty to intervene
Status: in_force

(a) A law enforcement officer who directly observes or has knowledge of excessive use of force by another law enforcement officer in violation of state or federal law shall, within the officer's scope of training, knowledge, and authority, intervene when the officer has an opportunity and means to prevent the harm from occurring. A law enforcement officer who intervenes during an excessive force incident shall report the circumstances to a supervisor as soon as practical. (b) A law enforcement officer who has direct knowledge of excessive use of force by another law enforcement officer in violation of state or federal law shall, as soon as practical, report the excessive use of force to a supervisor. (c) A law enforcement agency is prohibited from retaliating against any officer who intervenes against excessive use of force, reports excessive use of force, or cooperates in an internal investigation related to the excessive use of force. Added by 2021 Tenn. Acts, ch. 489,s 4, eff. 5/18/2021.
(a) A law enforcement officer who directly observes or has knowledge of excessive use of force by another law enforcement officer in violation of state or federal law shall, within the officer's scope of training, knowledge, and authority, intervene when the officer has an opportunity and means to prevent the harm from occurring. A law enforcement officer who intervenes during an excessive force incident shall report the circumstances to a supervisor as soon as practical.
(b) A law enforcement officer who has direct knowledge of excessive use of force by another law enforcement officer in violation of state or federal law shall, as soon as practical, report the excessive use of force to a supervisor.
(c) A law enforcement agency is prohibited from retaliating against any officer who intervenes against excessive use of force, reports excessive use of force, or cooperates in an internal investigation related to the excessive use of force.
Added by 2021 Tenn. Acts, ch. 489,s 4, eff. 5/18/2021.
Tenn. Code Ann. § 38-6-118 — TN Code / Title 38 / Chapter 6 / Section 38-6-118
Expunged criminal offender and pretrial diversion database
Status: in_force

(a) (1) The Tennessee bureau of investigation shall establish within the bureau an expunged criminal offender and pretrial diversion database. Such database shall consist of the name, date of birth, social security number, charging offense, date of dismissal and date of expunction of a criminal offender who has: (A) Been granted diversion either under title 40, chapter 15 or § 40-35-313 ; provided, however, that the bureau shall not be required to enter or maintain information into its database concerning any dismissal or expunction order dated on or after July 1, 1999, if the charge dismissed or expunged is classified as a Class B or C misdemeanor; (B) Had the public records of such offense expunged following the dismissal of charges against the offender by reason of the successful completion of either the diversion program; or (C) Had the public records of such offense expunged following the dismissal of charges for any other reason. (2) The bureau shall obtain the information for the database from the abstracts or copies of orders sent to it by judges pursuant to §§ 40-15-105 , 40-32-101 and 40-35-313 . The bureau shall also obtain information for the database from its confidential records maintained for law enforcement purposes, the public portion of which were expunged prior to October 1, 1998. (b) (1) When a judge, district attorney general, defendant, or defendant's counsel requests a certificate from the bureau relative to a defendant's eligibility for pretrial diversion pursuant to title 40, chapter 15 or § 40-35-313 , the bureau shall conduct a criminal history record check based upon the defendant's name, date of birth and social security number to determine if the defendant: (A) Has a prior felony or Class A misdemeanor conviction; (B) Has ever previously been granted a type of diversion; and (C) Has ever had an order expunging the public records of a criminal offense following the dismissal of charges entered on behalf of such defendant. (2) The bureau shall certify the results of such search to the requesting judge, district attorney general, defendant, or defendant's counsel. The bureau shall not be required to search any other source or database in order to make the certification required by this section. (c) Funding for the operational expenses of this section shall be as stated under [former] § 40-32-101(d)(2) [repealed]. (d) (1) Except for the purpose of certifying to the requesting judge, district attorney general, defendant, or defendant's counsel the information required in subsection (b), the expunged criminal offender and pretrial diversion database created by this section is not a public record and shall be maintained as confidential by the bureau; provided, however, that the bureau shall forward all information on expunction orders to the administrative office of the courts for the sole purpose of ensuring the expunction of records from the databases maintained pursuant to §§ 16-1-117 and 16-3-803(i) . (2) Notwithstanding subdivision (d)(1), when a person petitions the court for expunction pursuant to § 40-32-101(g)(3) , the bureau may inform the district attorney general for that judicial district if the petitioner has been granted a prior expunction for another criminal offense. (e) Upon a defendant's request for diversion pursuant to title 40, chapter 15, or § 40-35-313 , all of which require a certificate from the bureau relative to the defendant's eligibility for diversion, the defendant shall pay a fee of one hundred dollars ($100) to the bureau for remittance to the state treasury to be deposited in the general fund of the state. Amended by 2024 Tenn. Acts, ch. 992,s 1, eff. 5/21/2024. Amended by 2023 Tenn. Acts, ch. 35, Secs.s 1, s 2 eff. 3/14/2023. Amended by 2020 Tenn. Acts, ch. 668, s 2, eff. 4/2/2020. Acts 1998, ch. 1099, § 11; 2000, ch. 645, § 4; 2002, ch. 495, § 5; 2004, ch. 484, § 1; 2012, ch. 1041, §§ 1, 2.
(a) (1) The Tennessee bureau of investigation shall establish within the bureau an expunged criminal offender and pretrial diversion database. Such database shall consist of the name, date of birth, social security number, charging offense, date of dismissal and date of expunction of a criminal offender who has: (A) Been granted diversion either under title 40, chapter 15 or § 40-35-313 ; provided, however, that the bureau shall not be required to enter or maintain information into its database concerning any dismissal or expunction order dated on or after July 1, 1999, if the charge dismissed or expunged is classified as a Class B or C misdemeanor; (B) Had the public records of such offense expunged following the dismissal of charges against the offender by reason of the successful completion of either the diversion program; or (C) Had the public records of such offense expunged following the dismissal of charges for any other reason. (2) The bureau shall obtain the information for the database from the abstracts or copies of orders sent to it by judges pursuant to §§ 40-15-105 , 40-32-101 and 40-35-313 . The bureau shall also obtain information for the database from its confidential records maintained for law enforcement purposes, the public portion of which were expunged prior to October 1, 1998.
(1) The Tennessee bureau of investigation shall establish within the bureau an expunged criminal offender and pretrial diversion database. Such database shall consist of the name, date of birth, social security number, charging offense, date of dismissal and date of expunction of a criminal offender who has: (A) Been granted diversion either under title 40, chapter 15 or § 40-35-313 ; provided, however, that the bureau shall not be required to enter or maintain information into its database concerning any dismissal or expunction order dated on or after July 1, 1999, if the charge dismissed or expunged is classified as a Class B or C misdemeanor; (B) Had the public records of such offense expunged following the dismissal of charges against the offender by reason of the successful completion of either the diversion program; or (C) Had the public records of such offense expunged following the dismissal of charges for any other reason.
(A) Been granted diversion either under title 40, chapter 15 or § 40-35-313 ; provided, however, that the bureau shall not be required to enter or maintain information into its database concerning any dismissal or expunction order dated on or after July 1, 1999, if the charge dismissed or expunged is classified as a Class B or C misdemeanor;
(B) Had the public records of such offense expunged following the dismissal of charges against the offender by reason of the successful completion of either the diversion program; or
(C) Had the public records of such offense expunged following the dismissal of charges for any other reason.
(2) The bureau shall obtain the information for the database from the abstracts or copies of orders sent to it by judges pursuant to §§ 40-15-105 , 40-32-101 and 40-35-313 . The bureau shall also obtain information for the database from its confidential records maintained for law enforcement purposes, the public portion of which were expunged prior to October 1, 1998.
(b) (1) When a judge, district attorney general, defendant, or defendant's counsel requests a certificate from the bureau relative to a defendant's eligibility for pretrial diversion pursuant to title 40, chapter 15 or § 40-35-313 , the bureau shall conduct a criminal history record check based upon the defendant's name, date of birth and social security number to determine if the defendant: (A) Has a prior felony or Class A misdemeanor conviction; (B) Has ever previously been granted a type of diversion; and (C) Has ever had an order expunging the public records of a criminal offense following the dismissal of charges entered on behalf of such defendant. (2) The bureau shall certify the results of such search to the requesting judge, district attorney general, defendant, or defendant's counsel. The bureau shall not be required to search any other source or database in order to make the certification required by this section.
(1) When a judge, district attorney general, defendant, or defendant's counsel requests a certificate from the bureau relative to a defendant's eligibility for pretrial diversion pursuant to title 40, chapter 15 or § 40-35-313 , the bureau shall conduct a criminal history record check based upon the defendant's name, date of birth and social security number to determine if the defendant: (A) Has a prior felony or Class A misdemeanor conviction; (B) Has ever previously been granted a type of diversion; and (C) Has ever had an order expunging the public records of a criminal offense following the dismissal of charges entered on behalf of such defendant.
(A) Has a prior felony or Class A misdemeanor conviction;
(B) Has ever previously been granted a type of diversion; and
(C) Has ever had an order expunging the public records of a criminal offense following the dismissal of charges entered on behalf of such defendant.
(2) The bureau shall certify the results of such search to the requesting judge, district attorney general, defendant, or defendant's counsel. The bureau shall not be required to search any other source or database in order to make the certification required by this section.
(c) Funding for the operational expenses of this section shall be as stated under [former] § 40-32-101(d)(2) [repealed].
(d) (1) Except for the purpose of certifying to the requesting judge, district attorney general, defendant, or defendant's counsel the information required in subsection (b), the expunged criminal offender and pretrial diversion database created by this section is not a public record and shall be maintained as confidential by the bureau; provided, however, that the bureau shall forward all information on expunction orders to the administrative office of the courts for the sole purpose of ensuring the expunction of records from the databases maintained pursuant to §§ 16-1-117 and 16-3-803(i) . (2) Notwithstanding subdivision (d)(1), when a person petitions the court for expunction pursuant to § 40-32-101(g)(3) , the bureau may inform the district attorney general for that judicial district if the petitioner has been granted a prior expunction for another criminal offense.
(1) Except for the purpose of certifying to the requesting judge, district attorney general, defendant, or defendant's counsel the information required in subsection (b), the expunged criminal offender and pretrial diversion database created by this section is not a public record and shall be maintained as confidential by the bureau; provided, however, that the bureau shall forward all information on expunction orders to the administrative office of the courts for the sole purpose of ensuring the expunction of records from the databases maintained pursuant to §§ 16-1-117 and 16-3-803(i) .
(2) Notwithstanding subdivision (d)(1), when a person petitions the court for expunction pursuant to § 40-32-101(g)(3) , the bureau may inform the district attorney general for that judicial district if the petitioner has been granted a prior expunction for another criminal offense.
(e) Upon a defendant's request for diversion pursuant to title 40, chapter 15, or § 40-35-313 , all of which require a certificate from the bureau relative to the defendant's eligibility for diversion, the defendant shall pay a fee of one hundred dollars ($100) to the bureau for remittance to the state treasury to be deposited in the general fund of the state.
Amended by 2024 Tenn. Acts, ch. 992,s 1, eff. 5/21/2024.
Amended by 2023 Tenn. Acts, ch. 35, Secs.s 1, s 2 eff. 3/14/2023.
Amended by 2020 Tenn. Acts, ch. 668, s 2, eff. 4/2/2020.
Acts 1998, ch. 1099, § 11; 2000, ch. 645, § 4; 2002, ch. 495, § 5; 2004, ch. 484, § 1; 2012, ch. 1041, §§ 1, 2.
Tenn. Code Ann. § 38-11-204 — TN Code / Title 38 / Chapter 11 / Section 38-11-204
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 522, s 1, eff. 3/6/2020. Acts 1988, ch. 1035, § 4; 1996, ch. 675, §§ 20, 21.
Repealed by 2020 Tenn. Acts, ch. 522, s 1, eff. 3/6/2020.
Acts 1988, ch. 1035, § 4; 1996, ch. 675, §§ 20, 21.
Tenn. Code Ann. § 38-6-117 — TN Code / Title 38 / Chapter 6 / Section 38-6-117
Missing children registry
Status: in_force

(a) The Tennessee bureau of investigation is authorized to create within the bureau a missing children registry. The registry shall contain pertinent information about, a picture of, and the current status of certain children in this state who have been reported missing. (b) The bureau shall have the sole discretion to determine the number of missing children to be placed on the registry, the criteria for placing a child on the registry and the definition of "missing child." (c) The bureau shall place, maintain and update the missing children registry on the state of Tennessee's internet home page. (d) When the Tennessee internet criminal information center is created within the bureau and becomes operational, the missing children registry shall become a part of such center. (e) The bureau shall update the missing children's web page to reflect that a missing child has been recovered. Amended by 2014 Tenn. Acts, ch. 588,s 1, eff. 7/1/2014. Acts 1997, ch. 342, § 1.
(a) The Tennessee bureau of investigation is authorized to create within the bureau a missing children registry. The registry shall contain pertinent information about, a picture of, and the current status of certain children in this state who have been reported missing.
(b) The bureau shall have the sole discretion to determine the number of missing children to be placed on the registry, the criteria for placing a child on the registry and the definition of "missing child."
(c) The bureau shall place, maintain and update the missing children registry on the state of Tennessee's internet home page.
(d) When the Tennessee internet criminal information center is created within the bureau and becomes operational, the missing children registry shall become a part of such center.
(e) The bureau shall update the missing children's web page to reflect that a missing child has been recovered.
Amended by 2014 Tenn. Acts, ch. 588,s 1, eff. 7/1/2014.
Acts 1997, ch. 342, § 1.
Tenn. Code Ann. § 38-3-103 — TN Code / Title 38 / Chapter 3 / Section 38-3-103
Other conservators of the peace
Status: in_force

The judicial and ministerial officers of justice in the state, and the mayor, aldermen, marshals and police of cities and towns, and the director, commissioner, or similar head of any metropolitan or municipal police department, whether elected or appointed, are also conservators of the peace, and are required to aid in the prevention and suppression of public offenses, and for this purpose may act with all the power of the sheriff. Code 1858, § 4934; Shan., § 6895; Code 1932, § 11419; Acts 1968, ch. 434, § 1; T.C.A. (orig. ed.), § 38-203.
The judicial and ministerial officers of justice in the state, and the mayor, aldermen, marshals and police of cities and towns, and the director, commissioner, or similar head of any metropolitan or municipal police department, whether elected or appointed, are also conservators of the peace, and are required to aid in the prevention and suppression of public offenses, and for this purpose may act with all the power of the sheriff.
Code 1858, § 4934; Shan., § 6895; Code 1932, § 11419; Acts 1968, ch. 434, § 1; T.C.A. (orig. ed.), § 38-203.
Tenn. Code Ann. § 38-5-110 — TN Code / Title 38 / Chapter 5 / Section 38-5-110
Service of process
Status: in_force

The summons for the jurors and the subpoenas for witnesses may be served by the sheriff, or any constable of the county, or by the coroner personally. Code 1858, § 5306; Shan., § 7284; Code 1932, § 11885; T.C.A. (orig. ed.), § 38-410.
The summons for the jurors and the subpoenas for witnesses may be served by the sheriff, or any constable of the county, or by the coroner personally.
Code 1858, § 5306; Shan., § 7284; Code 1932, § 11885; T.C.A. (orig. ed.), § 38-410.
Tenn. Code Ann. § 38-3-107 — TN Code / Title 38 / Chapter 3 / Section 38-3-107
Neglect of duty by officer
Status: in_force

Any magistrate or officer, having notice of any unlawful act provided against in this chapter, who neglects or refuses to do the magistrate's or officer's duty in the prevention of the public offense commits a Class C misdemeanor. Code 1858, § 4938; Shan., § 6899; Code 1932, § 11423; T.C.A. (orig. ed.), § 38-207; Acts 1989, ch. 591, § 113.
Any magistrate or officer, having notice of any unlawful act provided against in this chapter, who neglects or refuses to do the magistrate's or officer's duty in the prevention of the public offense commits a Class C misdemeanor.
Code 1858, § 4938; Shan., § 6899; Code 1932, § 11423; T.C.A. (orig. ed.), § 38-207; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 38-11-201 — TN Code / Title 38 / Chapter 11 / Section 38-11-201
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 522, s 1, eff. 3/6/2020. Acts 1988, ch. 1035, § 1.
Repealed by 2020 Tenn. Acts, ch. 522, s 1, eff. 3/6/2020.
Acts 1988, ch. 1035, § 1.
Tenn. Code Ann. § 38-6-105 — TN Code / Title 38 / Chapter 6 / Section 38-6-105
Retired agents
Status: in_force

Any agent or uniformed law enforcement officer of the Tennessee bureau of investigation who retires after twenty-five (25) years of honorable service shall be issued a retired commission card by the bureau. The card shall identify the agent or uniformed law enforcement officer and that the agent or uniformed law enforcement officer is retired. Cards issued under this provision shall bear the inscription, in print of equal or larger size than the rest of the printing on the card, the words "Not a handgun permit." After twenty-five (25) years of honorable service by an agent or uniformed law enforcement officer of the bureau, in recognition of the agent's or uniformed law enforcement officer's many years of good and faithful public service, the bureau shall authorize the agent or uniformed law enforcement officer to retain the agent's or uniformed law enforcement officer's service weapon. Amended by 2018 Tenn. Acts, ch. 727,s 1, eff. 4/18/2018. Acts 1974, ch. 710, § 2; 1980, ch. 636, § 5; T.C.A., § 38-505; Acts 1995, ch. 273, § 1; 1996, ch. 675, § 18.
Any agent or uniformed law enforcement officer of the Tennessee bureau of investigation who retires after twenty-five (25) years of honorable service shall be issued a retired commission card by the bureau. The card shall identify the agent or uniformed law enforcement officer and that the agent or uniformed law enforcement officer is retired. Cards issued under this provision shall bear the inscription, in print of equal or larger size than the rest of the printing on the card, the words "Not a handgun permit." After twenty-five (25) years of honorable service by an agent or uniformed law enforcement officer of the bureau, in recognition of the agent's or uniformed law enforcement officer's many years of good and faithful public service, the bureau shall authorize the agent or uniformed law enforcement officer to retain the agent's or uniformed law enforcement officer's service weapon.
Amended by 2018 Tenn. Acts, ch. 727,s 1, eff. 4/18/2018.
Acts 1974, ch. 710, § 2; 1980, ch. 636, § 5; T.C.A., § 38-505; Acts 1995, ch. 273, § 1; 1996, ch. 675, § 18.
Tenn. Code Ann. § 38-6-131 — TN Code / Title 38 / Chapter 6 / Section 38-6-131
The District Attorney General Second Opinion Act
Status: in_force

(a) In any investigation involving a human trafficking offense, as defined in § 39-13- 314, an organized crime offense, under title 39, chapter 12, part 2, or an offense classified as a Class A or Class B felony, in which a district attorney general declines prosecution, an investigating state or local law enforcement agency may report and submit evidence of the offense to the district attorney general for another judicial district, in which jurisdiction and venue over the offense are proper, according to law and consistent with Rule 18 of the Tennessee Rules of Criminal Procedure, for consideration and action. (b) This section does not affect, impair, or limit the sole, exclusive, and absolute discretion of a district attorney general in the performance of duties and responsibilities, or in the allocation of any investigatory, prosecutorial, administrative, staffing, and fiscal resources available to the district attorney general pursuant to § 8-7-103 . Added by 2024 Tenn. Acts, ch. 805,s 2, eff. 4/29/2024.
(a) In any investigation involving a human trafficking offense, as defined in § 39-13- 314, an organized crime offense, under title 39, chapter 12, part 2, or an offense classified as a Class A or Class B felony, in which a district attorney general declines prosecution, an investigating state or local law enforcement agency may report and submit evidence of the offense to the district attorney general for another judicial district, in which jurisdiction and venue over the offense are proper, according to law and consistent with Rule 18 of the Tennessee Rules of Criminal Procedure, for consideration and action.
(b) This section does not affect, impair, or limit the sole, exclusive, and absolute discretion of a district attorney general in the performance of duties and responsibilities, or in the allocation of any investigatory, prosecutorial, administrative, staffing, and fiscal resources available to the district attorney general pursuant to § 8-7-103 .
Added by 2024 Tenn. Acts, ch. 805,s 2, eff. 4/29/2024.
Tenn. Code Ann. § 38-6-129 — TN Code / Title 38 / Chapter 6 / Section 38-6-129
Creation of course regarding the prosecution of crimes committed against children - Course requirements
Status: in_force

(a) The Tennessee bureau of investigation, the Tennessee district attorneys general conference, and other relevant parties at the request of the district attorneys general conference shall work in conjunction to implement a course or courses of instruction, composed of live instruction, telecommunication, video, or other medium, or any combination of methods, for the annual training of assistant district attorneys general and other staff members in the prosecution of crimes committed against children. (b) The course or courses of instruction must emphasize: (1) The dynamics of investigating crimes committed against children; (2) Appropriate investigative and communication techniques for crimes committed against children; and (3) Protection of victims. Added by 2023 Tenn. Acts, ch. 237, s 2, eff. 7/1/2023.
(a) The Tennessee bureau of investigation, the Tennessee district attorneys general conference, and other relevant parties at the request of the district attorneys general conference shall work in conjunction to implement a course or courses of instruction, composed of live instruction, telecommunication, video, or other medium, or any combination of methods, for the annual training of assistant district attorneys general and other staff members in the prosecution of crimes committed against children.
(b) The course or courses of instruction must emphasize: (1) The dynamics of investigating crimes committed against children; (2) Appropriate investigative and communication techniques for crimes committed against children; and (3) Protection of victims.
(1) The dynamics of investigating crimes committed against children;
(2) Appropriate investigative and communication techniques for crimes committed against children; and
(3) Protection of victims.
Added by 2023 Tenn. Acts, ch. 237, s 2, eff. 7/1/2023.
Tenn. Code Ann. § 38-3-104 — TN Code / Title 38 / Chapter 3 / Section 38-3-104
Officers may command aid
Status: in_force

All officers authorized to execute judicial process, who find, or have reason to apprehend, that resistance will be made to the execution of judicial process, may command the aid of the inhabitants as prescribed in § 38-3-102 for suppressing riots. Code 1858, § 4935; Shan., § 6896; Code 1932, § 11420.
All officers authorized to execute judicial process, who find, or have reason to apprehend, that resistance will be made to the execution of judicial process, may command the aid of the inhabitants as prescribed in § 38-3-102 for suppressing riots.
Code 1858, § 4935; Shan., § 6896; Code 1932, § 11420.
Tenn. Code Ann. § 38-7-108 — TN Code / Title 38 / Chapter 7 / Section 38-7-108
Death under suspicious, unusual or unnatural circumstances
Status: in_force

(a) Any physician, undertaker, law enforcement officer, or other person having knowledge of the death of any person from violence or trauma of any type, suddenly when in apparent health, sudden unexpected death of infants and children, deaths of prisoners or persons in state custody, deaths on the job or related to employment, deaths believed to represent a threat to public health, deaths where neglect or abuse of extended care residents are suspected or confirmed, deaths where the identity of the person is unknown or unclear, deaths in any suspicious/unusual/unnatural manner, found dead, or where the body is to be cremated, shall immediately notify the county medical examiner or the district attorney general, the local police or the county sheriff, who in turn shall notify the county medical examiner. The notification shall be directed to the county medical examiner in the county in which the death occurred. (b) Whenever a death occurs under the circumstances as set forth in this part, the body shall not be removed from its position or location without authorization by the county medical examiner, except to preserve the body from loss or destruction or to maintain the flow of traffic on a highway, railroad, or airport. No body subject to post-mortem examination as provided by this part shall be embalmed without authorization by the county medical examiner. (c) (1) If a body is subject to post-mortem examination under this part, this part shall be suspended to the extent necessary for the preservation of any body or part of the body, as defined in § 68-30-102 , where an anatomical gift of the body or part of the body has been made in accordance with the Uniform Anatomical Gift Act, compiled in title 68, chapter 30, part 1. (2) Any physician, surgeon, undertaker, law enforcement officer, hospital, hospital personnel, or other person who acts in good faith in compliance with this subsection (c) for the purposes established shall be immune from civil or criminal liability for removing, transplanting, or otherwise preserving such body or part of a body. (3) This subsection (c) shall govern and supersede any conflicting provisions of law. (4) The chief medical examiner of the state and the organ procurement agencies serving the state shall develop a protocol for those instances in which this subsection (c) is applicable. The protocol shall be filed with the department of health and shall be reviewed and updated as necessary. Acts 1961, ch. 174, § 7; 1967, ch. 399, § 4; T.C.A., § 38-708; Acts 1983, ch. 84, § 3; 1986, ch. 712, § 1; 2006, ch. 838, § 1; 2008, ch. 969, § 13.
(a) Any physician, undertaker, law enforcement officer, or other person having knowledge of the death of any person from violence or trauma of any type, suddenly when in apparent health, sudden unexpected death of infants and children, deaths of prisoners or persons in state custody, deaths on the job or related to employment, deaths believed to represent a threat to public health, deaths where neglect or abuse of extended care residents are suspected or confirmed, deaths where the identity of the person is unknown or unclear, deaths in any suspicious/unusual/unnatural manner, found dead, or where the body is to be cremated, shall immediately notify the county medical examiner or the district attorney general, the local police or the county sheriff, who in turn shall notify the county medical examiner. The notification shall be directed to the county medical examiner in the county in which the death occurred.
(b) Whenever a death occurs under the circumstances as set forth in this part, the body shall not be removed from its position or location without authorization by the county medical examiner, except to preserve the body from loss or destruction or to maintain the flow of traffic on a highway, railroad, or airport. No body subject to post-mortem examination as provided by this part shall be embalmed without authorization by the county medical examiner.
(c) (1) If a body is subject to post-mortem examination under this part, this part shall be suspended to the extent necessary for the preservation of any body or part of the body, as defined in § 68-30-102 , where an anatomical gift of the body or part of the body has been made in accordance with the Uniform Anatomical Gift Act, compiled in title 68, chapter 30, part 1. (2) Any physician, surgeon, undertaker, law enforcement officer, hospital, hospital personnel, or other person who acts in good faith in compliance with this subsection (c) for the purposes established shall be immune from civil or criminal liability for removing, transplanting, or otherwise preserving such body or part of a body. (3) This subsection (c) shall govern and supersede any conflicting provisions of law. (4) The chief medical examiner of the state and the organ procurement agencies serving the state shall develop a protocol for those instances in which this subsection (c) is applicable. The protocol shall be filed with the department of health and shall be reviewed and updated as necessary.
(1) If a body is subject to post-mortem examination under this part, this part shall be suspended to the extent necessary for the preservation of any body or part of the body, as defined in § 68-30-102 , where an anatomical gift of the body or part of the body has been made in accordance with the Uniform Anatomical Gift Act, compiled in title 68, chapter 30, part 1.
(2) Any physician, surgeon, undertaker, law enforcement officer, hospital, hospital personnel, or other person who acts in good faith in compliance with this subsection (c) for the purposes established shall be immune from civil or criminal liability for removing, transplanting, or otherwise preserving such body or part of a body.
(3) This subsection (c) shall govern and supersede any conflicting provisions of law.
(4) The chief medical examiner of the state and the organ procurement agencies serving the state shall develop a protocol for those instances in which this subsection (c) is applicable. The protocol shall be filed with the department of health and shall be reviewed and updated as necessary.
Acts 1961, ch. 174, § 7; 1967, ch. 399, § 4; T.C.A., § 38-708; Acts 1983, ch. 84, § 3; 1986, ch. 712, § 1; 2006, ch. 838, § 1; 2008, ch. 969, § 13.
Tenn. Code Ann. § 38-6-119 — TN Code / Title 38 / Chapter 6 / Section 38-6-119
Protection and security for facilities, employees, and grounds - Powers - Instruction
Status: in_force

(a) The director shall have authority to commission Tennessee bureau of investigation (TBI) uniformed officers in order to protect and provide security for TBI facilities, employees, and grounds. (b) Such uniformed officers shall have full power to carry firearms and make arrests for any offenses under the laws of the state of Tennessee. (c) All TBI uniformed officers must successfully complete a prescribed basic law enforcement course of instruction at the Jerry F. Agee Tennessee law enforcement training academy or its equivalent. Acts 2002, ch. 519, § 1.
(a) The director shall have authority to commission Tennessee bureau of investigation (TBI) uniformed officers in order to protect and provide security for TBI facilities, employees, and grounds.
(b) Such uniformed officers shall have full power to carry firearms and make arrests for any offenses under the laws of the state of Tennessee.
(c) All TBI uniformed officers must successfully complete a prescribed basic law enforcement course of instruction at the Jerry F. Agee Tennessee law enforcement training academy or its equivalent.
Acts 2002, ch. 519, § 1.
Tenn. Code Ann. § 38-8-206 — TN Code / Title 38 / Chapter 8 / Section 38-8-206
Consultations with law enforcement officials
Status: in_force

In the establishment and operation of the academy, the state building commission and the designated agency for operation shall consult and advise with both state and local law enforcement officials, including, but not limited to, the departments of safety and correction, the wildlife resources agency, the district attorneys general, and local officials including representatives of municipal and county law enforcement agencies and with such educational agencies as may be deemed advisable. Acts 1963, ch. 173, § 6; impl. am. Acts 1974, ch. 481, §§ 16-21; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 38-806.
In the establishment and operation of the academy, the state building commission and the designated agency for operation shall consult and advise with both state and local law enforcement officials, including, but not limited to, the departments of safety and correction, the wildlife resources agency, the district attorneys general, and local officials including representatives of municipal and county law enforcement agencies and with such educational agencies as may be deemed advisable.
Acts 1963, ch. 173, § 6; impl. am. Acts 1974, ch. 481, §§ 16-21; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 38-806.
Tenn. Code Ann. § 38-3-111 — TN Code / Title 38 / Chapter 3 / Section 38-3-111
Officer failing to perform duties prescribed in Sections 38-3-108, 38-3-109
Status: in_force

Any peace officer who knowingly fails or refuses to perform the duties required by § 38-3-108 or § 38-3-109 commits a Class C misdemeanor. Code 1858, § 4941 (deriv. Acts 1825, ch. 19, § 6); Shan., § 6902; Code 1932, § 11426; T.C.A. (orig. ed.), § 38-211; Acts 1989, ch. 591, § 113.
Any peace officer who knowingly fails or refuses to perform the duties required by § 38-3-108 or § 38-3-109 commits a Class C misdemeanor.
Code 1858, § 4941 (deriv. Acts 1825, ch. 19, § 6); Shan., § 6902; Code 1932, § 11426; T.C.A. (orig. ed.), § 38-211; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 38-8-309 — TN Code / Title 38 / Chapter 8 / Section 38-8-309
Applicability of part
Status: in_force

Sections 38-8-301 - 38-8-308 of this part shall apply only to those agencies that now provide a property interest in employment for their police officers and that have no other established procedures for dealing with the dismissal, demotion, suspension or transfer for punitive reasons of police officers. Amended by 2023 Tenn. Acts, ch. 454, s 3, eff. 7/1/2023. Acts 1989, ch. 398, § 9.
Sections 38-8-301 - 38-8-308 of this part shall apply only to those agencies that now provide a property interest in employment for their police officers and that have no other established procedures for dealing with the dismissal, demotion, suspension or transfer for punitive reasons of police officers.
Amended by 2023 Tenn. Acts, ch. 454, s 3, eff. 7/1/2023.
Acts 1989, ch. 398, § 9.
Tenn. Code Ann. § 38-6-110 — TN Code / Title 38 / Chapter 6 / Section 38-6-110
Central registry for sexual offenders
Status: in_force

(a) The Tennessee bureau of investigation shall establish a central registry of sexual offenders modeled after statutes enacted in other states. The registry shall include all validated offenders from files maintained by the department of children's services, all persons who have been arrested for the commission of a sexual offense, and all persons who have been convicted of a sexual offense. (b) The departments of correction and children's services and local law enforcement agencies shall cooperate fully in the creation and updating of the central registry. Acts 1985, ch. 478, § 36; 1989, ch. 278, § 45; 1996, ch. 1079, § 122.
(a) The Tennessee bureau of investigation shall establish a central registry of sexual offenders modeled after statutes enacted in other states. The registry shall include all validated offenders from files maintained by the department of children's services, all persons who have been arrested for the commission of a sexual offense, and all persons who have been convicted of a sexual offense.
(b) The departments of correction and children's services and local law enforcement agencies shall cooperate fully in the creation and updating of the central registry.
Acts 1985, ch. 478, § 36; 1989, ch. 278, § 45; 1996, ch. 1079, § 122.
Tenn. Code Ann. § 38-8-120 — TN Code / Title 38 / Chapter 8 / Section 38-8-120
School policing
Status: in_force

A memorandum of understanding may be entered into between a chief of a law enforcement agency and a local education agency to provide school policing. Acts 2007, ch. 341, § 3.
A memorandum of understanding may be entered into between a chief of a law enforcement agency and a local education agency to provide school policing.
Acts 2007, ch. 341, § 3.
Tenn. Code Ann. § 38-12-110 — TN Code / Title 38 / Chapter 12 / Section 38-12-110
Regulation of intervention programs for perpetrators of domestic abuse
Status: in_force

(a) The state coordinating council shall promulgate regulations for batterers' intervention programs for perpetrators of domestic abuse as defined in § 36-3-601 , and shall certify compliance with the regulations. In formulating the regulations, the council shall conduct public hearings and shall consult with the following persons or groups: (1) Public and private agencies that provide batterers' intervention programs for perpetrators of domestic abuse; (2) Public and private agencies that provide programs for victims of domestic abuse; (3) Victims advocates; (4) Survivors of domestic abuse; and (5) Other persons who have demonstrated expertise and experience in the area of domestic abuse. (b) The regulations required by this section shall include, but not be limited to, the following topics: (1) Minimum standards for batterers' intervention programs; and (2) Monitoring and certification criteria for batterers' intervention programs. (c) The council may prescribe fees, not to exceed three hundred dollars ($300), for the certification of such programs. Amended by 2013 Tenn. Acts, ch. 349,s 1, eff. 5/13/2013. Acts 1998, ch. 945, § 1.
(a) The state coordinating council shall promulgate regulations for batterers' intervention programs for perpetrators of domestic abuse as defined in § 36-3-601 , and shall certify compliance with the regulations. In formulating the regulations, the council shall conduct public hearings and shall consult with the following persons or groups: (1) Public and private agencies that provide batterers' intervention programs for perpetrators of domestic abuse; (2) Public and private agencies that provide programs for victims of domestic abuse; (3) Victims advocates; (4) Survivors of domestic abuse; and (5) Other persons who have demonstrated expertise and experience in the area of domestic abuse.
(1) Public and private agencies that provide batterers' intervention programs for perpetrators of domestic abuse;
(2) Public and private agencies that provide programs for victims of domestic abuse;
(3) Victims advocates;
(4) Survivors of domestic abuse; and
(5) Other persons who have demonstrated expertise and experience in the area of domestic abuse.
(b) The regulations required by this section shall include, but not be limited to, the following topics: (1) Minimum standards for batterers' intervention programs; and (2) Monitoring and certification criteria for batterers' intervention programs.
(1) Minimum standards for batterers' intervention programs; and
(2) Monitoring and certification criteria for batterers' intervention programs.
(c) The council may prescribe fees, not to exceed three hundred dollars ($300), for the certification of such programs.
Amended by 2013 Tenn. Acts, ch. 349,s 1, eff. 5/13/2013.
Acts 1998, ch. 945, § 1.
Tenn. Code Ann. § 38-13-103 — TN Code / Title 38 / Chapter 13 / Section 38-13-103
Repealed
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 201, s 1, eff. 4/23/2013. Acts 1998, ch. 994, § 7.
Repealed by 2013 Tenn. Acts, ch. 201, s 1, eff. 4/23/2013.
Acts 1998, ch. 994, § 7.
Tenn. Code Ann. § 38-11-202 — TN Code / Title 38 / Chapter 11 / Section 38-11-202
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 522, s 1, eff. 3/6/2020. Acts 1988, ch. 1035, § 2.
Repealed by 2020 Tenn. Acts, ch. 522, s 1, eff. 3/6/2020.
Acts 1988, ch. 1035, § 2.
Tenn. Code Ann. § 38-7-118 — TN Code / Title 38 / Chapter 7 / Section 38-7-118
Delivery of remains to family following autopsy
Status: in_force

The body or remains of any dead human subject to an autopsy or pathology examination pursuant to this part shall be delivered to the next of kin as soon as practicable after the completion of the autopsy or pathology examination. Acts 2004, ch. 643, § 1.
The body or remains of any dead human subject to an autopsy or pathology examination pursuant to this part shall be delivered to the next of kin as soon as practicable after the completion of the autopsy or pathology examination.
Acts 2004, ch. 643, § 1.
Tenn. Code Ann. § 38-1-401 — TN Code / Title 38 / Chapter 1 / Section 38-1-401
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Animal" means a domesticated living creature or a wild creature previously captured; (2) "Cruelty," "abuse," and "neglect" mean every act, omission, or neglect whereby unreasonable physical pain, suffering, or death is caused or permitted; (3) "Owner" means any person who is the legal owner, keeper, harborer, possessor, or the actual custodian of an animal. "Owner" includes corporations as well as individuals; and (4) "Reasonable suspicion" means that it is objectively reasonable for a person to entertain a suspicion, based upon facts, that could cause a reasonable person in a like position, drawing, when appropriate, on the person's training and experience, to suspect animal cruelty, abuse, or neglect. Acts 2006, ch. 736, § 2.
As used in this part, unless the context otherwise requires:
(1) "Animal" means a domesticated living creature or a wild creature previously captured;
(2) "Cruelty," "abuse," and "neglect" mean every act, omission, or neglect whereby unreasonable physical pain, suffering, or death is caused or permitted;
(3) "Owner" means any person who is the legal owner, keeper, harborer, possessor, or the actual custodian of an animal. "Owner" includes corporations as well as individuals; and
(4) "Reasonable suspicion" means that it is objectively reasonable for a person to entertain a suspicion, based upon facts, that could cause a reasonable person in a like position, drawing, when appropriate, on the person's training and experience, to suspect animal cruelty, abuse, or neglect.
Acts 2006, ch. 736, § 2.
Tenn. Code Ann. § 38-5-109 — TN Code / Title 38 / Chapter 5 / Section 38-5-109
Allowances to physicians and chemists limited
Status: in_force

No allowance shall be made under § 38-5-107 or § 38-5-108 , except to persons actually summoned by the coroner for the express purpose, and duly reported by the coroner to the court. Code 1858, § 5305 (deriv. Acts 1849-1850, ch. 75, § 3); Shan., §7283; Code 1932, § 11884; T.C.A. (orig. ed.), § 38-409.
No allowance shall be made under § 38-5-107 or § 38-5-108 , except to persons actually summoned by the coroner for the express purpose, and duly reported by the coroner to the court.
Code 1858, § 5305 (deriv. Acts 1849-1850, ch. 75, § 3); Shan., §7283; Code 1932, § 11884; T.C.A. (orig. ed.), § 38-409.
Tenn. Code Ann. § 38-8-134 — TN Code / Title 38 / Chapter 8 / Section 38-8-134
Section definitions - Development of drone policy - Use of drone by qualified officer
Status: in_force

(a) As used in this section: (1) "Drone" has the same meaning as defined in § 39-13-609 ; and (2) "Law enforcement agency" has the same meaning as defined in § 39-13-609 . (b) By January 1, 2024, except as provided in subsection (c), each law enforcement agency shall develop and enforce a policy that prohibits an officer from using a drone or other substantially similar device as a weapon under any circumstances while in the exercise of the officer's official duties. (c) A law enforcement agency shall permit an officer qualified to operate a drone to utilize a drone or a substantially similar device for the purpose of remotely detonating a bomb or similar incendiary or explosive device. Added by 2023 Tenn. Acts, ch. 326, s 1, eff. 4/28/2023.
(a) As used in this section: (1) "Drone" has the same meaning as defined in § 39-13-609 ; and (2) "Law enforcement agency" has the same meaning as defined in § 39-13-609 .
(1) "Drone" has the same meaning as defined in § 39-13-609 ; and
(2) "Law enforcement agency" has the same meaning as defined in § 39-13-609 .
(b) By January 1, 2024, except as provided in subsection (c), each law enforcement agency shall develop and enforce a policy that prohibits an officer from using a drone or other substantially similar device as a weapon under any circumstances while in the exercise of the officer's official duties.
(c) A law enforcement agency shall permit an officer qualified to operate a drone to utilize a drone or a substantially similar device for the purpose of remotely detonating a bomb or similar incendiary or explosive device.
Added by 2023 Tenn. Acts, ch. 326, s 1, eff. 4/28/2023.
Tenn. Code Ann. § 38-8-105 — TN Code / Title 38 / Chapter 8 / Section 38-8-105
Minimum standards binding on governmental entities - Penalty for violation
Status: in_force

(a) Requirements for minimum standards as set forth in this part or as required by the commission shall be mandatory and binding upon any municipality, county or political subdivision of this state. (b) Any person who appoints any applicant, who, to the knowledge of the appointer, fails to meet the minimum standards as set forth in this part or required by the commission, and any person who signs the warrant or check for the payment of the salary of any person who, to the knowledge of the signer, fails to meet the qualifications as a police officer as provided in this part or required by the commission, commits a Class A misdemeanor, and upon conviction shall be subject to a fine not exceeding one thousand dollars ($1,000). (c) This section shall not apply to any police officer hired by any municipality, county, or political subdivision of this state prior to July 1, 1982. (d) Notwithstanding any citizenship requirement in a private act or charter provision to the contrary, a municipality, county, political subdivision of this state, or state law enforcement agency is authorized to employ a police officer who is a permanent legal resident of the United States; provided, that the police officer applies for or obtains United States citizenship within six (6) years of the employment start date with the law enforcement agency. Amended by 2022 Tenn. Acts, ch. 847, s 1, eff. 4/20/2022. Amended by 2015 Tenn. Acts, ch. 498, s 1, eff. 5/20/2015. Acts 1981, ch. 455, § 5; 1982, ch. 747, §§ 1, 2; 1989, ch. 591, §§ 1, 6; T.C.A., § 38-11-105.
(a) Requirements for minimum standards as set forth in this part or as required by the commission shall be mandatory and binding upon any municipality, county or political subdivision of this state.
(b) Any person who appoints any applicant, who, to the knowledge of the appointer, fails to meet the minimum standards as set forth in this part or required by the commission, and any person who signs the warrant or check for the payment of the salary of any person who, to the knowledge of the signer, fails to meet the qualifications as a police officer as provided in this part or required by the commission, commits a Class A misdemeanor, and upon conviction shall be subject to a fine not exceeding one thousand dollars ($1,000).
(c) This section shall not apply to any police officer hired by any municipality, county, or political subdivision of this state prior to July 1, 1982.
(d) Notwithstanding any citizenship requirement in a private act or charter provision to the contrary, a municipality, county, political subdivision of this state, or state law enforcement agency is authorized to employ a police officer who is a permanent legal resident of the United States; provided, that the police officer applies for or obtains United States citizenship within six (6) years of the employment start date with the law enforcement agency.
Amended by 2022 Tenn. Acts, ch. 847, s 1, eff. 4/20/2022.
Amended by 2015 Tenn. Acts, ch. 498, s 1, eff. 5/20/2015.
Acts 1981, ch. 455, § 5; 1982, ch. 747, §§ 1, 2; 1989, ch. 591, §§ 1, 6; T.C.A., § 38-11-105.
Tenn. Code Ann. § 38-3-115 — TN Code / Title 38 / Chapter 3 / Section 38-3-115
No public funds, personnel or property of state to be allocated to enforce federal or international laws governing firearms where it would violate state laws - Violation
Status: in_force

(a) (1) On or after July 1, 2021, public funds of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee. (2) On or after July 1, 2021, personnel or property of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee. (b) (1) On or after July 1, 2021, personnel or property of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any international law or treaty regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee. (2) On or after July 1, 2021, public funds of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any international law or treaty regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee. (c) For purposes of this section, "firearm" has the same meaning as defined in § 39-11-106 . (d) A violation of this section by a state or local government entity may be reviewed by the office of the attorney general and reporter and the general assembly and may result in the entity's loss of funding from the state for the fiscal year following the violation. (e) An official who violates this section is subject to ouster under title 8, chapter 47, if applicable. Amended by 2021 Tenn. Acts, ch. 553, s 3, eff. 5/26/2021. Amended by 2021 Tenn. Acts, ch. 444, Secs.s2, s3 eff. 5/13/2021. Amended by 2016 Tenn. Acts, ch. 864, s 1, eff. 4/19/2016. Added by 2015 Tenn. Acts, ch. 380, s 1, eff. 4/30/2015.
(a) (1) On or after July 1, 2021, public funds of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee. (2) On or after July 1, 2021, personnel or property of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.
(1) On or after July 1, 2021, public funds of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.
(2) On or after July 1, 2021, personnel or property of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.
(b) (1) On or after July 1, 2021, personnel or property of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any international law or treaty regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee. (2) On or after July 1, 2021, public funds of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any international law or treaty regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.
(1) On or after July 1, 2021, personnel or property of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any international law or treaty regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.
(2) On or after July 1, 2021, public funds of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any international law or treaty regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.
(c) For purposes of this section, "firearm" has the same meaning as defined in § 39-11-106 .
(d) A violation of this section by a state or local government entity may be reviewed by the office of the attorney general and reporter and the general assembly and may result in the entity's loss of funding from the state for the fiscal year following the violation.
(e) An official who violates this section is subject to ouster under title 8, chapter 47, if applicable.
Amended by 2021 Tenn. Acts, ch. 553, s 3, eff. 5/26/2021.
Amended by 2021 Tenn. Acts, ch. 444, Secs.s2, s3 eff. 5/13/2021.
Amended by 2016 Tenn. Acts, ch. 864, s 1, eff. 4/19/2016.
Added by 2015 Tenn. Acts, ch. 380, s 1, eff. 4/30/2015.
Tenn. Code Ann. § 38-2-101 — TN Code / Title 38 / Chapter 2 / Section 38-2-101
Lawful resistance - By whom made
Status: in_force

Lawful resistance to the commission of a public offense may be made by the party about to be injured, or by others. Code 1858, § 4928; Shan., § 6889; Code 1932, § 11413; T.C.A. (orig. ed.), § 38-101.
Lawful resistance to the commission of a public offense may be made by the party about to be injured, or by others.
Code 1858, § 4928; Shan., § 6889; Code 1932, § 11413; T.C.A. (orig. ed.), § 38-101.
Tenn. Code Ann. § 38-3-105 — TN Code / Title 38 / Chapter 3 / Section 38-3-105
Acts by persons aiding officers
Status: in_force

Whenever the officers of justice are authorized to act in the prevention of public offenses, other persons who, by command of the officers of justice, act in aid of the officers of justice, are justified in so doing. Code 1858, § 4932; Shan., § 6893; Code 1932, § 11417; T.C.A. (orig. ed.), § 38-205.
Whenever the officers of justice are authorized to act in the prevention of public offenses, other persons who, by command of the officers of justice, act in aid of the officers of justice, are justified in so doing.
Code 1858, § 4932; Shan., § 6893; Code 1932, § 11417; T.C.A. (orig. ed.), § 38-205.
Tenn. Code Ann. § 38-6-202 — TN Code / Title 38 / Chapter 6 / Section 38-6-202
Mission
Status: in_force

(a) The mission of the narcotics investigation division shall be to investigate, gather evidence and assist in the prosecution of criminal offenses involving controlled substances, controlled substance analogues, narcotics, and other drugs. (b) The narcotics investigation division shall have original jurisdiction over the investigation of all drugs. Acts 1998, ch. 1069, § 4; 2012, ch. 848, § 11.
(a) The mission of the narcotics investigation division shall be to investigate, gather evidence and assist in the prosecution of criminal offenses involving controlled substances, controlled substance analogues, narcotics, and other drugs.
(b) The narcotics investigation division shall have original jurisdiction over the investigation of all drugs.
Acts 1998, ch. 1069, § 4; 2012, ch. 848, § 11.
Tenn. Code Ann. § 38-1-402 — TN Code / Title 38 / Chapter 1 / Section 38-1-402
Duty to report cruelty, abuse or neglect - No duty to investigate - Confidentiality
Status: in_force

(a) Any state, county or municipal employee of a child or adult protective services agency, while acting in a professional capacity or within the scope of employment, who has knowledge of or observes an animal that the person knows or reasonably suspects has been the victim of cruelty, abuse, or neglect, shall report the known or reasonably suspected animal cruelty, abuse, or neglect to the entity or entities that investigate reports of animal cruelty, abuse, and neglect in that county. (b) The report required under subsection (a) may be made within two (2) working days of receiving the information concerning the animal, by facsimile transmission of a written report presented in the form described in § 38-1-403 , or by telephone, if all of the information that is required to be provided pursuant to § 38-1-403 is furnished. In cases where an immediate response may be necessary in order to protect the health and safety of the animal or others, the report may be made by telephone as soon as possible. (c) Unless a duty exists under current law, nothing in this section shall be construed to impose a duty to investigate known or reasonably suspected animal cruelty, abuse, or neglect. (d) Nothing in this part shall expand or limit confidentiality requirements under existing law relative to child or adult protective services. The name of any employee of a child or adult protective services agency who reports known or reasonably suspected animal cruelty, abuse or neglect shall remain confidential. Acts 2006, ch. 736, § 3.
(a) Any state, county or municipal employee of a child or adult protective services agency, while acting in a professional capacity or within the scope of employment, who has knowledge of or observes an animal that the person knows or reasonably suspects has been the victim of cruelty, abuse, or neglect, shall report the known or reasonably suspected animal cruelty, abuse, or neglect to the entity or entities that investigate reports of animal cruelty, abuse, and neglect in that county.
(b) The report required under subsection (a) may be made within two (2) working days of receiving the information concerning the animal, by facsimile transmission of a written report presented in the form described in § 38-1-403 , or by telephone, if all of the information that is required to be provided pursuant to § 38-1-403 is furnished. In cases where an immediate response may be necessary in order to protect the health and safety of the animal or others, the report may be made by telephone as soon as possible.
(c) Unless a duty exists under current law, nothing in this section shall be construed to impose a duty to investigate known or reasonably suspected animal cruelty, abuse, or neglect.
(d) Nothing in this part shall expand or limit confidentiality requirements under existing law relative to child or adult protective services. The name of any employee of a child or adult protective services agency who reports known or reasonably suspected animal cruelty, abuse or neglect shall remain confidential.
Acts 2006, ch. 736, § 3.
Tenn. Code Ann. § 38-1-305 — TN Code / Title 38 / Chapter 1 / Section 38-1-305
Notice of statutory rape from public assistance providers to law enforcement agencies
Status: in_force

When a person who is at least thirteen (13) years of age but less than eighteen (18) years of age, or a parent, legal guardian or custodian on behalf of such person, applies to the department of human services for child support services, temporary assistance for needy families (TANF) or any other program designed to provide similar public assistance, and the department determines from the application, or during the course of any interview with the applicant, that the father or alleged father of the child is at least four (4) years older than such child's mother, the department shall report such information indicating the occurrence of a possible statutory rape to the appropriate law enforcement agency and district attorney general. Acts 1996, ch. 842, § 1.
When a person who is at least thirteen (13) years of age but less than eighteen (18) years of age, or a parent, legal guardian or custodian on behalf of such person, applies to the department of human services for child support services, temporary assistance for needy families (TANF) or any other program designed to provide similar public assistance, and the department determines from the application, or during the course of any interview with the applicant, that the father or alleged father of the child is at least four (4) years older than such child's mother, the department shall report such information indicating the occurrence of a possible statutory rape to the appropriate law enforcement agency and district attorney general.
Acts 1996, ch. 842, § 1.
Tenn. Code Ann. § 38-6-204 — TN Code / Title 38 / Chapter 6 / Section 38-6-204
Assistant director
Status: in_force

(a) An assistant director shall be appointed by the director to administer the narcotics investigation division. (b) The assistant director shall be a person of experience and ability in the investigation or prosecution of criminal offenses involving controlled substances, narcotics and other drugs. (c) The assistant director, acting for and in consultation with the director, shall apply for all federal or state funds or grants that may be available for the purposes for which the narcotics investigation division was created. Acts 1998, ch. 1069, § 4.
(a) An assistant director shall be appointed by the director to administer the narcotics investigation division.
(b) The assistant director shall be a person of experience and ability in the investigation or prosecution of criminal offenses involving controlled substances, narcotics and other drugs.
(c) The assistant director, acting for and in consultation with the director, shall apply for all federal or state funds or grants that may be available for the purposes for which the narcotics investigation division was created.
Acts 1998, ch. 1069, § 4.
Tenn. Code Ann. § 38-7-112 — TN Code / Title 38 / Chapter 7 / Section 38-7-112
Immunity of persons performing examinations and autopsies
Status: in_force

A person who in good faith performs a medical examination or an autopsy under this part is immune from civil or criminal liability in performing the authorized service. Acts 1961, ch. 174, § 11; T.C.A., § 38-712; Acts 1994, ch. 775, § 9.
A person who in good faith performs a medical examination or an autopsy under this part is immune from civil or criminal liability in performing the authorized service.
Acts 1961, ch. 174, § 11; T.C.A., § 38-712; Acts 1994, ch. 775, § 9.
Tenn. Code Ann. § 38-6-130 — TN Code / Title 38 / Chapter 6 / Section 38-6-130
Reporting on child and human trafficking crimes
Status: in_force

By December 1, 2023, and by each December 1 thereafter, the Tennessee bureau of investigation shall submit a report on child and human trafficking crimes and trends in this state, based upon data available to the Tennessee bureau of investigation, as well as current programs and activities of the Tennessee bureau of investigation's human trafficking unit, to the governor, the speaker of the house of representatives, and the speaker of the senate. Amended by 2023 Tenn. Acts, (1st Ex. Sess.) ch. 3,s 1, eff. 12/1/2023.
By December 1, 2023, and by each December 1 thereafter, the Tennessee bureau of investigation shall submit a report on child and human trafficking crimes and trends in this state, based upon data available to the Tennessee bureau of investigation, as well as current programs and activities of the Tennessee bureau of investigation's human trafficking unit, to the governor, the speaker of the house of representatives, and the speaker of the senate.
Amended by 2023 Tenn. Acts, (1st Ex. Sess.) ch. 3,s 1, eff. 12/1/2023.
Tenn. Code Ann. § 38-8-311 — TN Code / Title 38 / Chapter 8 / Section 38-8-311
Investigative record of officer-involved shooting death
Status: in_force

(a) After completion of an investigation into an officer-involved shooting death by the Tennessee bureau of investigation and after the completion of the prosecutorial function by the district attorney general, notwithstanding § 10-7-504 to the contrary, the investigative record of the incident shall become a public record pursuant to title 10, chapter 7. Notwithstanding § 10-7-504 , the district attorney general may disclose all or part of the investigative record to the public prior to the record becoming a public record as provided in this section. (b) For purposes of this section, "officer-involved shooting death" means a death that results from a shooting by a law enforcement officer that occurs while the officer is on-duty or is off-duty while performing activities that are within the scope of the law enforcement officer's duties. Added by 2017 Tenn. Acts, ch. 277,s 1, eff. 5/4/2017.
(a) After completion of an investigation into an officer-involved shooting death by the Tennessee bureau of investigation and after the completion of the prosecutorial function by the district attorney general, notwithstanding § 10-7-504 to the contrary, the investigative record of the incident shall become a public record pursuant to title 10, chapter 7. Notwithstanding § 10-7-504 , the district attorney general may disclose all or part of the investigative record to the public prior to the record becoming a public record as provided in this section.
(b) For purposes of this section, "officer-involved shooting death" means a death that results from a shooting by a law enforcement officer that occurs while the officer is on-duty or is off-duty while performing activities that are within the scope of the law enforcement officer's duties.
Added by 2017 Tenn. Acts, ch. 277,s 1, eff. 5/4/2017.
Tenn. Code Ann. § 38-3-106 — TN Code / Title 38 / Chapter 3 / Section 38-3-106
Refusal to obey command to aid officers
Status: in_force

Any person commanded to aid, under this chapter, any magistrate or officer, who without good cause refuses or neglects to obey such command, commits a Class C misdemeanor. Code 1858, § 4937; Shan., § 6898; Code 1932, § 11422; T.C.A. (orig. ed.), § 38-206; Acts 1989, ch. 591, § 113.
Any person commanded to aid, under this chapter, any magistrate or officer, who without good cause refuses or neglects to obey such command, commits a Class C misdemeanor.
Code 1858, § 4937; Shan., § 6898; Code 1932, § 11422; T.C.A. (orig. ed.), § 38-206; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 38-10-104 — TN Code / Title 38 / Chapter 10 / Section 38-10-104
Correlation of reports - Annual reports
Status: in_force

(a) The director of the Tennessee bureau of investigation shall correlate the reports submitted to the director pursuant to § 38-10-102 , and shall compile and submit to the governor and the general assembly an annual report based on such reports. A copy of the report shall be furnished to law enforcement, prosecuting, judicial, correctional authorities, and other appropriate law enforcement and criminal justice agencies. (b) The annual report required by subsection (a) shall contain demographic data, including the percentage of suspects, victims, and convicted offenders based on race, gender, age, nationality, and any other appropriate demographic, as determined by the director of the Tennessee bureau of investigation. Amended by 2015 Tenn. Acts, ch. 287,s 1, eff. 4/28/2015. Acts 1973, ch. 159, § 4; 1977, ch. 355, § 1; 1980, ch. 636, § 6; T.C.A., § 38-1204.
(a) The director of the Tennessee bureau of investigation shall correlate the reports submitted to the director pursuant to § 38-10-102 , and shall compile and submit to the governor and the general assembly an annual report based on such reports. A copy of the report shall be furnished to law enforcement, prosecuting, judicial, correctional authorities, and other appropriate law enforcement and criminal justice agencies.
(b) The annual report required by subsection (a) shall contain demographic data, including the percentage of suspects, victims, and convicted offenders based on race, gender, age, nationality, and any other appropriate demographic, as determined by the director of the Tennessee bureau of investigation.
Amended by 2015 Tenn. Acts, ch. 287,s 1, eff. 4/28/2015.
Acts 1973, ch. 159, § 4; 1977, ch. 355, § 1; 1980, ch. 636, § 6; T.C.A., § 38-1204.
Tenn. Code Ann. § 38-6-107 — TN Code / Title 38 / Chapter 6 / Section 38-6-107
Certification of records by director
Status: in_force

(a) The director is authorized to establish a procedure for the official attestation, sealing and certification of records, reports, documents and actions of the bureau that may be required or authorized by law, and to designate the persons responsible for the certification. (b) The procedures provided for in subsection (a) shall be filed with the secretary of state. Acts 1981, ch. 512, § 8; T.C.A., § 38-507.
(a) The director is authorized to establish a procedure for the official attestation, sealing and certification of records, reports, documents and actions of the bureau that may be required or authorized by law, and to designate the persons responsible for the certification.
(b) The procedures provided for in subsection (a) shall be filed with the secretary of state.
Acts 1981, ch. 512, § 8; T.C.A., § 38-507.
Tenn. Code Ann. § 38-3-109 — TN Code / Title 38 / Chapter 3 / Section 38-3-109
Bond to keep the peace
Status: in_force

A person arrested pursuant to § 38-3-108 shall be required to give bond in not less than two hundred fifty dollars ($250), nor more than two thousand dollars ($2,000), with good security, to keep the peace; and, on failing or refusing so to give the required bail, the person shall be committed to jail until bail is given, or the person is otherwise discharged according to law. Code 1858, § 4940 (deriv. Acts 1825, ch. 19, §§ 1, 5); Shan., §6901; Code 1932, § 11425; T.C.A. (orig. ed.), § 38-209.
A person arrested pursuant to § 38-3-108 shall be required to give bond in not less than two hundred fifty dollars ($250), nor more than two thousand dollars ($2,000), with good security, to keep the peace; and, on failing or refusing so to give the required bail, the person shall be committed to jail until bail is given, or the person is otherwise discharged according to law.
Code 1858, § 4940 (deriv. Acts 1825, ch. 19, §§ 1, 5); Shan., §6901; Code 1932, § 11425; T.C.A. (orig. ed.), § 38-209.
Tenn. Code Ann. § 38-8-121 — TN Code / Title 38 / Chapter 8 / Section 38-8-121
Substitution of training in school policing for continuing education hours
Status: in_force

A law enforcement officer may substitute a maximum of forty (40) hours of successfully completed training in school policing for regular continuing education hours. Acts 2007, ch. 341, § 4.
A law enforcement officer may substitute a maximum of forty (40) hours of successfully completed training in school policing for regular continuing education hours.
Acts 2007, ch. 341, § 4.
Tenn. Code Ann. § 38-6-201 — TN Code / Title 38 / Chapter 6 / Section 38-6-201
Creation
Status: in_force

There is created the narcotics investigation division within the Tennessee bureau of investigation. Acts 1998, ch. 1069, § 4.
There is created the narcotics investigation division within the Tennessee bureau of investigation.
Acts 1998, ch. 1069, § 4.
Tenn. Code Ann. § 38-12-106 — TN Code / Title 38 / Chapter 12 / Section 38-12-106
Law enforcement agency policy and education
Status: in_force

All law enforcement agencies with personnel who are likely to encounter situations of domestic violence shall adopt a policy regarding domestic violence and provide initial and continuing education concerning the dynamics of domestic violence, and the handling, investigation and response procedures concerning reports of domestic violence to all law enforcement personnel who are likely to encounter situations of domestic violence. Acts 1995, ch. 376, § 6.
All law enforcement agencies with personnel who are likely to encounter situations of domestic violence shall adopt a policy regarding domestic violence and provide initial and continuing education concerning the dynamics of domestic violence, and the handling, investigation and response procedures concerning reports of domestic violence to all law enforcement personnel who are likely to encounter situations of domestic violence.
Acts 1995, ch. 376, § 6.
Tenn. Code Ann. § 38-5-104 — TN Code / Title 38 / Chapter 5 / Section 38-5-104
Jury
Status: in_force

The jury of inquest shall consist of seven (7) jurors who shall be summoned by the coroner and be sworn by such coroner to inquire who the person was, and when, where and by what means that person died, and to render a true verdict on the death, according to the evidence offered the jurors or arising from inspection of the body. Code 1858, § 5300; Shan., § 7278; Code 1932, § 11879; mod. C. Supp. 1950, § 11879; T.C.A. (orig. ed.), § 38-404.
The jury of inquest shall consist of seven (7) jurors who shall be summoned by the coroner and be sworn by such coroner to inquire who the person was, and when, where and by what means that person died, and to render a true verdict on the death, according to the evidence offered the jurors or arising from inspection of the body.
Code 1858, § 5300; Shan., § 7278; Code 1932, § 11879; mod. C. Supp. 1950, § 11879; T.C.A. (orig. ed.), § 38-404.
Tenn. Code Ann. § 38-3-121 — TN Code / Title 38 / Chapter 3 / Section 38-3-121
Use of choke holds
Status: in_force

A law enforcement officer shall not use a choke hold, as defined in § 38-8-101 , with or without the use of a police baton, on any person unless the officer reasonably believes that deadly force is authorized pursuant to § 39-11-620 . Amended by 2021 Tenn. Acts, ch. 489, s 1, eff. 5/18/2021. Acts 1994, ch. 893, § 2.
A law enforcement officer shall not use a choke hold, as defined in § 38-8-101 , with or without the use of a police baton, on any person unless the officer reasonably believes that deadly force is authorized pursuant to § 39-11-620 .
Amended by 2021 Tenn. Acts, ch. 489, s 1, eff. 5/18/2021.
Acts 1994, ch. 893, § 2.
Tenn. Code Ann. § 38-8-308 — TN Code / Title 38 / Chapter 8 / Section 38-8-308
Rights deemed minimum rights - Agency grievance procedures - Additional rights
Status: in_force

The rights accorded police officers in this part shall be minimum rights and all agencies shall promulgate grievance procedures not inconsistent with this part. Any agency may provide for the rights of police officers in addition to this part. Acts 1989, ch. 398, § 8.
The rights accorded police officers in this part shall be minimum rights and all agencies shall promulgate grievance procedures not inconsistent with this part. Any agency may provide for the rights of police officers in addition to this part.
Acts 1989, ch. 398, § 8.
Tenn. Code Ann. § 38-1-902 — TN Code / Title 38 / Chapter 1 / Section 38-1-902
Part definitions
Status: in_force

As used in this part: (1) "Adult" means a person who is eighteen (18) years of age or older or otherwise emancipated; (2) "Sexual assault" means a criminal offense under title 39, chapter 13, part 5, involving unlawful sexual penetration or unwanted sexual contact; (3) "Sexual assault response team (SART)" means a multidisciplinary team convened to strengthen and improve the collaborative response and enhance the community response, safety, and judicial outcome for the sexual assault survivor; (4) "Sexual contact" means the same as defined in § 39-13-501 ; and (5) "Sexual penetration" means the same as defined in § 39-13-501 . Added by 2023 Tenn. Acts, ch. 212, s 1, eff. 4/25/2023.
As used in this part:
(1) "Adult" means a person who is eighteen (18) years of age or older or otherwise emancipated;
(2) "Sexual assault" means a criminal offense under title 39, chapter 13, part 5, involving unlawful sexual penetration or unwanted sexual contact;
(3) "Sexual assault response team (SART)" means a multidisciplinary team convened to strengthen and improve the collaborative response and enhance the community response, safety, and judicial outcome for the sexual assault survivor;
(4) "Sexual contact" means the same as defined in § 39-13-501 ; and
(5) "Sexual penetration" means the same as defined in § 39-13-501 .
Added by 2023 Tenn. Acts, ch. 212, s 1, eff. 4/25/2023.
Tenn. Code Ann. § 38-8-202 — TN Code / Title 38 / Chapter 8 / Section 38-8-202
State building commission to acquire site and build and equip facility
Status: in_force

(a) The state building commission is authorized and empowered to acquire a site or sites and to construct a suitable building or buildings for conducting the programs of the academy. (b) The commission is authorized to accept from any agency or department of state or local government a site or building by gift or donation, and in such event, may expend any capital outlay funds available for the restoration, renovation, repair and equipping of such facility. Acts 1963, ch. 173, § 2; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 38-802.
(a) The state building commission is authorized and empowered to acquire a site or sites and to construct a suitable building or buildings for conducting the programs of the academy.
(b) The commission is authorized to accept from any agency or department of state or local government a site or building by gift or donation, and in such event, may expend any capital outlay funds available for the restoration, renovation, repair and equipping of such facility.
Acts 1963, ch. 173, § 2; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 38-802.
Tenn. Code Ann. § 38-5-118 — TN Code / Title 38 / Chapter 5 / Section 38-5-118
Disposition of body of decedent
Status: in_force

After the inquisition, the coroner or medical investigator may deliver the body of the deceased to the deceased's relatives, if there are any; but if not, the coroner or the medical investigator shall cause the deceased to be decently buried or cremated in accordance with § 68-4-113 , and the expense to be paid from the property found with the body, or, if there is none, from the county treasury, by certifying an account of the expenses to the county mayor, who shall allow and pay the expenses, if deemed reasonable, as other claims on the county. Amended by 2013 Tenn. Acts, ch. 287, s 5, eff. 4/25/2013. Code 1858, § 5314; Shan., § 7292; Code 1932, §11893; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §38-418, Acts 2003 , ch. 90, § 2.
After the inquisition, the coroner or medical investigator may deliver the body of the deceased to the deceased's relatives, if there are any; but if not, the coroner or the medical investigator shall cause the deceased to be decently buried or cremated in accordance with § 68-4-113 , and the expense to be paid from the property found with the body, or, if there is none, from the county treasury, by certifying an account of the expenses to the county mayor, who shall allow and pay the expenses, if deemed reasonable, as other claims on the county.
Amended by 2013 Tenn. Acts, ch. 287, s 5, eff. 4/25/2013.
Code 1858, § 5314; Shan., § 7292; Code 1932, §11893; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §38-418, Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 38-13-102 — TN Code / Title 38 / Chapter 13 / Section 38-13-102
Repealed
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 201, s 1, eff. 4/23/2013. Amended by 2013 Tenn. Acts, ch. 236, s 35, eff. 4/19/2013. Acts 1998, ch. 994, § 7.
Repealed by 2013 Tenn. Acts, ch. 201, s 1, eff. 4/23/2013.
Amended by 2013 Tenn. Acts, ch. 236, s 35, eff. 4/19/2013.
Acts 1998, ch. 994, § 7.
Tenn. Code Ann. § 38-8-108 — TN Code / Title 38 / Chapter 8 / Section 38-8-108
Donations of property or money to commission
Status: in_force

The commission may accept, for any of its purposes and functions under this chapter, any and all donations of property, real, personal or mixed, and grants of money from any governmental unit or public agency, or from any institution, person, firm or corporation. Such moneys shall be deposited, disbursed and administered in a trust fund as provided by the laws of Tennessee. Acts 1981, ch. 455, § 8; T.C.A., § 38-11-108.
The commission may accept, for any of its purposes and functions under this chapter, any and all donations of property, real, personal or mixed, and grants of money from any governmental unit or public agency, or from any institution, person, firm or corporation. Such moneys shall be deposited, disbursed and administered in a trust fund as provided by the laws of Tennessee.
Acts 1981, ch. 455, § 8; T.C.A., § 38-11-108.
Tenn. Code Ann. § 38-7-102 — TN Code / Title 38 / Chapter 7 / Section 38-7-102
Post-mortem examination division
Status: in_force

The department of health is authorized and empowered to create and maintain a post-mortem examination division or service. The division or service shall have as its functions the investigation of certain deaths as defined in this part, and the keeping of full and complete records of all reports on investigations and examinations made pursuant to this part. The commissioner of health, acting for the state and with the approval of the governor and considering the recommendation made by the Tennessee medical examiner advisory council, shall appoint a chief medical examiner to direct the division or service, and such other personnel as the commissioner may find appropriate to the enforcement of the duties and powers of this part. The commissioner is authorized and empowered to spend such funds as may be appropriated for the enforcement of this part, and to promulgate rules through the department of health to establish fees for autopsies, guidelines for death investigations and forensic autopsies, and other costs and services associated with this part. Acts 1961, ch. 174, § 2; 1980, ch. 810, § 2; T.C.A., § 38-702; Acts 2008, ch. 969, § 1.
The department of health is authorized and empowered to create and maintain a post-mortem examination division or service. The division or service shall have as its functions the investigation of certain deaths as defined in this part, and the keeping of full and complete records of all reports on investigations and examinations made pursuant to this part. The commissioner of health, acting for the state and with the approval of the governor and considering the recommendation made by the Tennessee medical examiner advisory council, shall appoint a chief medical examiner to direct the division or service, and such other personnel as the commissioner may find appropriate to the enforcement of the duties and powers of this part. The commissioner is authorized and empowered to spend such funds as may be appropriated for the enforcement of this part, and to promulgate rules through the department of health to establish fees for autopsies, guidelines for death investigations and forensic autopsies, and other costs and services associated with this part.
Acts 1961, ch. 174, § 2; 1980, ch. 810, § 2; T.C.A., § 38-702; Acts 2008, ch. 969, § 1.
Tenn. Code Ann. § 38-1-105 — TN Code / Title 38 / Chapter 1 / Section 38-1-105
Failure to report discovery of dead body
Status: in_force

It is a Class A misdemeanor for any person who discovers an unattended dead human body, or any part of a dead human body, to fail to report the discovery immediately, by the fastest available means of communication, to the chief of police if the body, or any part of the body, is discovered in an incorporated town or city, or to the sheriff if the body, or any part of the body, is discovered in the county outside the corporate limits of any incorporated town or city. Acts 1967, ch. 56, § 1; T.C.A., § 38-605; Acts 1989, ch. 591, §§ 1, 6.
It is a Class A misdemeanor for any person who discovers an unattended dead human body, or any part of a dead human body, to fail to report the discovery immediately, by the fastest available means of communication, to the chief of police if the body, or any part of the body, is discovered in an incorporated town or city, or to the sheriff if the body, or any part of the body, is discovered in the county outside the corporate limits of any incorporated town or city.
Acts 1967, ch. 56, § 1; T.C.A., § 38-605; Acts 1989, ch. 591, §§ 1, 6.
Tenn. Code Ann. § 38-11-203 — TN Code / Title 38 / Chapter 11 / Section 38-11-203
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 522, s 1, eff. 3/6/2020. Acts 1988, ch. 1035, § 3.
Repealed by 2020 Tenn. Acts, ch. 522, s 1, eff. 3/6/2020.
Acts 1988, ch. 1035, § 3.
Tenn. Code Ann. § 38-8-302 — TN Code / Title 38 / Chapter 8 / Section 38-8-302
Questioning - Information provided to officer being questioned
Status: in_force

Whenever an investigation by an agency focuses on matters that are likely to lead to the dismissal, demotion, suspension or transfer for punitive reasons of a police officer, the following conditions shall be complied with: (1) Any questioning of the officer shall take place at a reasonable time and place as designated by the investigating officer, preferably when the officer under investigation is on duty and at the office of the command of the investigating officer or at the office of the local precinct or police unit of the officer being investigated, unless circumstances dictate otherwise; and (2) Prior to being questioned, the officer shall be informed of: (A) The name and rank of the investigating officer and of any individual present during the questioning; and (B) The nature of the investigation. Acts 1989, ch. 398, § 2.
Whenever an investigation by an agency focuses on matters that are likely to lead to the dismissal, demotion, suspension or transfer for punitive reasons of a police officer, the following conditions shall be complied with:
(1) Any questioning of the officer shall take place at a reasonable time and place as designated by the investigating officer, preferably when the officer under investigation is on duty and at the office of the command of the investigating officer or at the office of the local precinct or police unit of the officer being investigated, unless circumstances dictate otherwise; and
(2) Prior to being questioned, the officer shall be informed of: (A) The name and rank of the investigating officer and of any individual present during the questioning; and (B) The nature of the investigation.
(A) The name and rank of the investigating officer and of any individual present during the questioning; and
(B) The nature of the investigation.
Acts 1989, ch. 398, § 2.
Tenn. Code Ann. § 38-6-126 — TN Code / Title 38 / Chapter 6 / Section 38-6-126
Transfer of fire investigations section within fire prevention division of department of commerce and insurance to bureau of investigation
Status: in_force

(a) The fire investigations section within the fire prevention division of the department of commerce and insurance is transferred to the Tennessee bureau of investigation. (b) It is the intention of the general assembly that personnel, equipment, funding, duties, authority, and property transferred on May 24, 2019, be transferred no later than January 1, 2020. (c) The director of the Tennessee bureau of investigation will develop and implement a transfer plan. The plan must set forth the procedures under which transferred employees must be incorporated into the bureau. (d) The initial transfer of any preferred service employee pursuant to the transfer from the department of commerce and insurance to the Tennessee bureau of investigation must not result in any impairment, interruption, or diminution of employee rights, salary, benefits, leave accumulation, or employment. The commissioner of human resources may determine if there has been any impairment of rights, salary, benefits, leave accumulation, or employment as a result of the initial transfer. Any preferred service employee may seek redress of any such determination through a request for declaratory order by the commissioner of human resources pursuant to § 4-5-223 . (e) The bureau shall electronically transmit a summary stating the cause, origin, and the circumstances of each fire investigation to the state fire marshal and the local fire department in the jurisdiction where the fire occurred. Added by 2019 Tenn. Acts, ch. 487,s 1, eff. 5/24/2019.
(a) The fire investigations section within the fire prevention division of the department of commerce and insurance is transferred to the Tennessee bureau of investigation.
(b) It is the intention of the general assembly that personnel, equipment, funding, duties, authority, and property transferred on May 24, 2019, be transferred no later than January 1, 2020.
(c) The director of the Tennessee bureau of investigation will develop and implement a transfer plan. The plan must set forth the procedures under which transferred employees must be incorporated into the bureau.
(d) The initial transfer of any preferred service employee pursuant to the transfer from the department of commerce and insurance to the Tennessee bureau of investigation must not result in any impairment, interruption, or diminution of employee rights, salary, benefits, leave accumulation, or employment. The commissioner of human resources may determine if there has been any impairment of rights, salary, benefits, leave accumulation, or employment as a result of the initial transfer. Any preferred service employee may seek redress of any such determination through a request for declaratory order by the commissioner of human resources pursuant to § 4-5-223 .
(e) The bureau shall electronically transmit a summary stating the cause, origin, and the circumstances of each fire investigation to the state fire marshal and the local fire department in the jurisdiction where the fire occurred.
Added by 2019 Tenn. Acts, ch. 487,s 1, eff. 5/24/2019.
Tenn. Code Ann. § 38-9-104 — TN Code / Title 38 / Chapter 9 / Section 38-9-104
Restrictive orders
Status: in_force

After proclamation of a civil emergency, the chief administrative officer may, at the officer's discretion, in the interest of public safety and welfare: (1) Order the closing of all retail liquor stores; (2) Order the closing of all establishments where beer or alcoholic beverages are served; (3) Order the closing of all private clubs or portions of private clubs where the consumption of intoxicating liquor or beer is permitted; (4) Order the discontinuance of the sale of beer; (5) Order the discontinuance of selling, distribution, or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle; (6) Order the closing of gasoline stations, and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products; (7) Order the discontinuance of selling, distributing, dispensing or giving away any firearms or ammunition of any character whatsoever; (8) Order the closing of any or all establishments or portions of establishments, the chief activity of which is the sale, distribution, dispensing or giving away of firearms or ammunition; and (9) Issue such other orders as are necessary for the protection of life and property. Acts 1968, ch. 485, § 4; T.C.A., § 38-904.
After proclamation of a civil emergency, the chief administrative officer may, at the officer's discretion, in the interest of public safety and welfare:
(1) Order the closing of all retail liquor stores;
(2) Order the closing of all establishments where beer or alcoholic beverages are served;
(3) Order the closing of all private clubs or portions of private clubs where the consumption of intoxicating liquor or beer is permitted;
(4) Order the discontinuance of the sale of beer;
(5) Order the discontinuance of selling, distribution, or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
(6) Order the closing of gasoline stations, and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products;
(7) Order the discontinuance of selling, distributing, dispensing or giving away any firearms or ammunition of any character whatsoever;
(8) Order the closing of any or all establishments or portions of establishments, the chief activity of which is the sale, distribution, dispensing or giving away of firearms or ammunition; and
(9) Issue such other orders as are necessary for the protection of life and property.
Acts 1968, ch. 485, § 4; T.C.A., § 38-904.
Tenn. Code Ann. § 38-8-109 — TN Code / Title 38 / Chapter 8 / Section 38-8-109
Stricter qualifications and standards by employing agency
Status: in_force

Nothing in this chapter shall be construed to preclude an employing agency from establishing qualifications and standards for hiring and training police officers that exceed those set by the commission. Acts 1981, ch. 455, § 9; T.C.A., § 38-11-109.
Nothing in this chapter shall be construed to preclude an employing agency from establishing qualifications and standards for hiring and training police officers that exceed those set by the commission.
Acts 1981, ch. 455, § 9; T.C.A., § 38-11-109.
Tenn. Code Ann. § 38-8-307 — TN Code / Title 38 / Chapter 8 / Section 38-8-307
Minor infractions
Status: in_force

Nothing in this part shall be construed to prohibit the informal counseling of a police officer by a supervisor in reference to a minor infraction of policy or procedure that does not result in disciplinary action being taken against the police officer. Acts 1989, ch. 398, § 7.
Nothing in this part shall be construed to prohibit the informal counseling of a police officer by a supervisor in reference to a minor infraction of policy or procedure that does not result in disciplinary action being taken against the police officer.
Acts 1989, ch. 398, § 7.
Tenn. Code Ann. § 38-1-306 — TN Code / Title 38 / Chapter 1 / Section 38-1-306
Immunity of persons making reports
Status: in_force

Any person making a report under this part shall be immune from civil liability that might otherwise be imposed for such action. Acts 1996, ch. 842, § 2.
Any person making a report under this part shall be immune from civil liability that might otherwise be imposed for such action.
Acts 1996, ch. 842, § 2.
Tenn. Code Ann. § 38-5-114 — TN Code / Title 38 / Chapter 5 / Section 38-5-114
Witnesses may be bound over
Status: in_force

The coroner shall also require all material witnesses to enter into an undertaking to appear at such court, if in session, or at the next succeeding term, and may require security for such undertaking, and, for this purpose, the coroner is vested with all the powers of a court of general sessions in state cases. Code 1858, § 5310; Shan., § 7288; Code 1932, §11889; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 38-414.
The coroner shall also require all material witnesses to enter into an undertaking to appear at such court, if in session, or at the next succeeding term, and may require security for such undertaking, and, for this purpose, the coroner is vested with all the powers of a court of general sessions in state cases.
Code 1858, § 5310; Shan., § 7288; Code 1932, §11889; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 38-414.
Tenn. Code Ann. § 38-12-109 — TN Code / Title 38 / Chapter 12 / Section 38-12-109
Administrative office of the court policy and education
Status: in_force

The administrative office of the courts shall establish a policy regarding, and a continuing education curriculum concerning, domestic violence and shall provide continuing education on domestic violence to all judges and court personnel throughout the state who are likely to encounter situations of domestic violence. The administrative office of the courts may adopt the policy and training curriculum developed by the domestic violence state coordinating council, and may revise the policy and training curriculum at its discretion. Acts 1995, ch. 376, § 9.
The administrative office of the courts shall establish a policy regarding, and a continuing education curriculum concerning, domestic violence and shall provide continuing education on domestic violence to all judges and court personnel throughout the state who are likely to encounter situations of domestic violence. The administrative office of the courts may adopt the policy and training curriculum developed by the domestic violence state coordinating council, and may revise the policy and training curriculum at its discretion.
Acts 1995, ch. 376, § 9.
Tenn. Code Ann. § 38-1-604 — TN Code / Title 38 / Chapter 1 / Section 38-1-604
Adoption of rules
Status: in_force

The commissioner of commerce and insurance shall adopt rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to the notice and disclosure requirements provided in this part. Acts 2012, ch. 815, § 2.
The commissioner of commerce and insurance shall adopt rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to the notice and disclosure requirements provided in this part.
Acts 2012, ch. 815, § 2.
Tenn. Code Ann. § 38-5-112 — TN Code / Title 38 / Chapter 5 / Section 38-5-112
Form of inquisition
Status: in_force

The inquisition shall be as follows: State of Tennessee, ______________ County. An inquisition held at ____________________, in the county and state aforementioned, on the ____________________ day of ____________________, 20____________________, before ______________, coroner of such county, upon the body of ______________ (or a person unknown), there lying dead, by the jurors whose names are hereto subscribed, who upon their oaths do say: (here state, when, how, by what person, means, weapon, or accident the person died, and whether feloniously, as near as may be according to the requirements of § 38-5-111 ). In testimony whereof, the jurors have hereunto set their hands the day and date above. Code 1858, § 5308; Shan., § 7286; Code 1932, § 11887; T.C.A. (orig. ed.), § 38-412.
The inquisition shall be as follows:
State of Tennessee,
______________ County.
An inquisition held at ____________________, in the county and state aforementioned, on the ____________________ day of ____________________, 20____________________, before ______________, coroner of such county, upon the body of ______________ (or a person unknown), there lying dead, by the jurors whose names are hereto subscribed, who upon their oaths do say: (here state, when, how, by what person, means, weapon, or accident the person died, and whether feloniously, as near as may be according to the requirements of § 38-5-111 ).
In testimony whereof, the jurors have hereunto set their hands the day and date above.
Code 1858, § 5308; Shan., § 7286; Code 1932, § 11887; T.C.A. (orig. ed.), § 38-412.
Tenn. Code Ann. § 38-1-801 — TN Code / Title 38 / Chapter 1 / Section 38-1-801
Tennessee Businesses Against Trafficking
Status: in_force

(a) The secretary of state shall establish and implement a program designated as the Tennessee Businesses Against Trafficking program to engage participating corporations and other private entities in voluntary efforts to identify, prevent, and combat human trafficking. (b) The secretary of state shall present a certificate of recognition to a participating corporation or private entity to recognize the corporation's or entity's contributions to the efforts of federal, state, and local officials engaged in combatting human trafficking and prosecuting human trafficking crimes. (c) A corporation or other private entity that participates in the program shall: (1) Adopt a zero-tolerance policy toward human trafficking; (2) Take measures to ensure that the corporation's or entity's employees comply with rules promulgated by the secretary of state's office related to the program; (3) Participate in training and public awareness and education campaigns; (4) Enhance awareness of and encourage participation in the program; and (5) Share with the secretary of state best practices that are effective in combatting human trafficking. (d) The secretary of state shall work collaboratively with other state agencies and advisory councils to promote the program. Added by 2023 Tenn. Acts, ch. 177, s 1, eff. 7/1/2023.
(a) The secretary of state shall establish and implement a program designated as the Tennessee Businesses Against Trafficking program to engage participating corporations and other private entities in voluntary efforts to identify, prevent, and combat human trafficking.
(b) The secretary of state shall present a certificate of recognition to a participating corporation or private entity to recognize the corporation's or entity's contributions to the efforts of federal, state, and local officials engaged in combatting human trafficking and prosecuting human trafficking crimes.
(c) A corporation or other private entity that participates in the program shall: (1) Adopt a zero-tolerance policy toward human trafficking; (2) Take measures to ensure that the corporation's or entity's employees comply with rules promulgated by the secretary of state's office related to the program; (3) Participate in training and public awareness and education campaigns; (4) Enhance awareness of and encourage participation in the program; and (5) Share with the secretary of state best practices that are effective in combatting human trafficking.
(1) Adopt a zero-tolerance policy toward human trafficking;
(2) Take measures to ensure that the corporation's or entity's employees comply with rules promulgated by the secretary of state's office related to the program;
(3) Participate in training and public awareness and education campaigns;
(4) Enhance awareness of and encourage participation in the program; and
(5) Share with the secretary of state best practices that are effective in combatting human trafficking.
(d) The secretary of state shall work collaboratively with other state agencies and advisory councils to promote the program.
Added by 2023 Tenn. Acts, ch. 177, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 38-5-113 — TN Code / Title 38 / Chapter 5 / Section 38-5-113
Return of inquisition
Status: in_force

The coroner shall immediately return the inquisition to the criminal court of the coroner's county, if any, and, if not, to the circuit court of the county, together with a list of the witnesses who testified to material facts. Code 1858, § 5309; Shan., § 7287; Code 1932, § 11888; T.C.A. (orig. ed.), § 38-413.
The coroner shall immediately return the inquisition to the criminal court of the coroner's county, if any, and, if not, to the circuit court of the county, together with a list of the witnesses who testified to material facts.
Code 1858, § 5309; Shan., § 7287; Code 1932, § 11888; T.C.A. (orig. ed.), § 38-413.
Tenn. Code Ann. § 38-8-306 — TN Code / Title 38 / Chapter 8 / Section 38-8-306
Suspension of officers
Status: in_force

Nothing in this part shall prevent the immediate suspension without pay of any police officer whose continued presence on the job is deemed to be a substantial and immediate threat to the welfare of the officer's agency or the public, nor shall anything in this part prevent the suspension of a police officer for refusing to obey a direct order issued in conformance with the agency's written and disseminated rules and regulations. In such case, the police officer shall, upon request, be afforded the rights provided for under this part within a reasonable amount of time set by the agency. Acts 1989, ch. 398, § 6.
Nothing in this part shall prevent the immediate suspension without pay of any police officer whose continued presence on the job is deemed to be a substantial and immediate threat to the welfare of the officer's agency or the public, nor shall anything in this part prevent the suspension of a police officer for refusing to obey a direct order issued in conformance with the agency's written and disseminated rules and regulations. In such case, the police officer shall, upon request, be afforded the rights provided for under this part within a reasonable amount of time set by the agency.
Acts 1989, ch. 398, § 6.
Tenn. Code Ann. § 38-5-103 — TN Code / Title 38 / Chapter 5 / Section 38-5-103
Courts of general sessions may hold inquests as coroners
Status: in_force

Courts of general sessions shall have the same power, when called on, to hold juries of inquest over the bodies of deceased persons, as coroners, and have the same fees as are allowed coroners for the same services. Acts 1859-1860, ch. 112, § 1; Shan., § 7277; Code 1932, § 11878; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 38-403.
Courts of general sessions shall have the same power, when called on, to hold juries of inquest over the bodies of deceased persons, as coroners, and have the same fees as are allowed coroners for the same services.
Acts 1859-1860, ch. 112, § 1; Shan., § 7277; Code 1932, § 11878; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 38-403.
Tenn. Code Ann. § 38-7-113 — TN Code / Title 38 / Chapter 7 / Section 38-7-113
Refusal or neglect to comply with Section 38-7-108 - Penalty
Status: in_force

Any person who neglects or refuses to comply with § 38-7-108 commits a Class E felony. Acts 1961, ch. 174, § 12; T.C.A., § 38-713; Acts 1989, ch. 591, § 111; 1994, ch. 775, § 10.
Any person who neglects or refuses to comply with § 38-7-108 commits a Class E felony.
Acts 1961, ch. 174, § 12; T.C.A., § 38-713; Acts 1989, ch. 591, § 111; 1994, ch. 775, § 10.
Tenn. Code Ann. § 38-8-133 — TN Code / Title 38 / Chapter 8 / Section 38-8-133
Contract for provision of security services at megasite
Status: in_force

A local governmental entity may enter into a contract with an entity working on the megasite, as defined in § 64-9-103 , for the provision of security services at the megasite. Added by 2022 Tenn. Acts, ch. 997, s 2, eff. 5/4/2022.
A local governmental entity may enter into a contract with an entity working on the megasite, as defined in § 64-9-103 , for the provision of security services at the megasite.
Added by 2022 Tenn. Acts, ch. 997, s 2, eff. 5/4/2022.
Tenn. Code Ann. § 38-8-310 — TN Code / Title 38 / Chapter 8 / Section 38-8-310
Political activity
Status: in_force

No law enforcement officer, including any member of the Tennessee highway patrol, shall engage in political activity, support or opposition to any candidate, party or measure in any election when on duty or acting in the officer's or member's official capacity. When off duty and acting as a private citizen, no officer, including any member of the Tennessee highway patrol, shall be prohibited from engaging in political activity or denied the right to refrain from engaging in the activity. Acts 1991, ch. 193, § 1; T.C.A. § 38-8-351 ; Acts 2006, ch. 1009, § 6.
No law enforcement officer, including any member of the Tennessee highway patrol, shall engage in political activity, support or opposition to any candidate, party or measure in any election when on duty or acting in the officer's or member's official capacity. When off duty and acting as a private citizen, no officer, including any member of the Tennessee highway patrol, shall be prohibited from engaging in political activity or denied the right to refrain from engaging in the activity.
Acts 1991, ch. 193, § 1; T.C.A. § 38-8-351 ; Acts 2006, ch. 1009, § 6.
Tenn. Code Ann. § 38-5-117 — TN Code / Title 38 / Chapter 5 / Section 38-5-117
Effect of coroner's warrant
Status: in_force

The warrant of a coroner in the cases covered by this chapter shall be of equal authority with that of a court of general sessions, and, when the person charged is brought before the court, the person shall be dealt with as a person held under complaint in the usual form. Code 1858, § 5313; Shan., § 7291; Code 1932, §11892; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 38-417.
The warrant of a coroner in the cases covered by this chapter shall be of equal authority with that of a court of general sessions, and, when the person charged is brought before the court, the person shall be dealt with as a person held under complaint in the usual form.
Code 1858, § 5313; Shan., § 7291; Code 1932, §11892; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 38-417.
Tenn. Code Ann. § 38-1-106 — TN Code / Title 38 / Chapter 1 / Section 38-1-106
Notification to next of kin - Determination of "seriously injured"
Status: in_force

(a) Law enforcement officers and employees of law enforcement agencies shall make a reasonable effort to promptly notify the next of kin of any person who has been killed or seriously injured in an accidental manner before any statement, written or spoken, is delivered or transmitted to the press by any law enforcement official, employee or agency, disclosing the decedent's or seriously injured person's name. (b) For the purposes of the notification requirements of this section, the investigating officer shall make the determination, based upon the officer's personal opinion, as to whether a person is "seriously injured." Neither the officer nor the officer's employer shall incur any liability based upon the officer's opinion as to whether a person is seriously injured or not. Acts 1996, ch. 878, § 1.
(a) Law enforcement officers and employees of law enforcement agencies shall make a reasonable effort to promptly notify the next of kin of any person who has been killed or seriously injured in an accidental manner before any statement, written or spoken, is delivered or transmitted to the press by any law enforcement official, employee or agency, disclosing the decedent's or seriously injured person's name.
(b) For the purposes of the notification requirements of this section, the investigating officer shall make the determination, based upon the officer's personal opinion, as to whether a person is "seriously injured." Neither the officer nor the officer's employer shall incur any liability based upon the officer's opinion as to whether a person is seriously injured or not.
Acts 1996, ch. 878, § 1.
Tenn. Code Ann. § 38-6-128 — TN Code / Title 38 / Chapter 6 / Section 38-6-128
Electronic tracking system for sexual assault evidence collection kits and hold kits
Status: in_force

(a) As used in this section, "forensic medical examination", "hold kit", "law enforcement agency", "sexual assault evidence collection kit", and "victim" have the same meaning as defined in § 39-13-519 . (b) The Tennessee bureau of investigation shall procure and implement an electronic system that tracks the location and laboratory analysis status of each sexual assault evidence collection kit and hold kit released to a law enforcement agency at the conclusion of a forensic medical examination on or after July 1, 2022. (c) The system must have the capacity to allow a victim to track by internet the location and status of the victim's sexual assault evidence collection kit by use of a tracking number provided to the victim by the law enforcement agency receiving the sexual assault evidence collection kit after the conclusion of the forensic medical examination. At any time, the victim must be able to use the tracking number by inputting the tracking number into an online system to determine the current location and laboratory analysis status of the victim's sexual assault evidence collection kit. (d) The Tennessee bureau of investigation shall create a written pamphlet explaining how to access and use the tracking system. The law enforcement agency described in subsection (c) must provide the pamphlet to the victim with the tracking number. (e) Records and information contained in the tracking system pursuant to this section are confidential and not a public record. Added by 2021 Tenn. Acts, ch. 362, s 10, eff. 5/11/2021.
(a) As used in this section, "forensic medical examination", "hold kit", "law enforcement agency", "sexual assault evidence collection kit", and "victim" have the same meaning as defined in § 39-13-519 .
(b) The Tennessee bureau of investigation shall procure and implement an electronic system that tracks the location and laboratory analysis status of each sexual assault evidence collection kit and hold kit released to a law enforcement agency at the conclusion of a forensic medical examination on or after July 1, 2022.
(c) The system must have the capacity to allow a victim to track by internet the location and status of the victim's sexual assault evidence collection kit by use of a tracking number provided to the victim by the law enforcement agency receiving the sexual assault evidence collection kit after the conclusion of the forensic medical examination. At any time, the victim must be able to use the tracking number by inputting the tracking number into an online system to determine the current location and laboratory analysis status of the victim's sexual assault evidence collection kit.
(d) The Tennessee bureau of investigation shall create a written pamphlet explaining how to access and use the tracking system. The law enforcement agency described in subsection (c) must provide the pamphlet to the victim with the tracking number.
(e) Records and information contained in the tracking system pursuant to this section are confidential and not a public record.
Added by 2021 Tenn. Acts, ch. 362, s 10, eff. 5/11/2021.
Tenn. Code Ann. § 38-13-101 — TN Code / Title 38 / Chapter 13 / Section 38-13-101
Repealed
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 201, s 1, eff. 4/23/2013. Acts 1998, ch. 994, § 7.
Repealed by 2013 Tenn. Acts, ch. 201, s 1, eff. 4/23/2013.
Acts 1998, ch. 994, § 7.
Tenn. Code Ann. § 38-12-105 — TN Code / Title 38 / Chapter 12 / Section 38-12-105
Funds for support services - Reimbursement
Status: in_force

The Tennessee Coalition to End Domestic and Sexual Violence is authorized to use funds from the domestic violence community education fund established by § 36-3-616 , to provide necessary support services for the coordinating council. Coordinating council members shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. Amended by 2014 Tenn. Acts, ch. 779,s 4, eff. 7/1/2014. Acts 1995, ch. 376, § 5.
The Tennessee Coalition to End Domestic and Sexual Violence is authorized to use funds from the domestic violence community education fund established by § 36-3-616 , to provide necessary support services for the coordinating council. Coordinating council members shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
Amended by 2014 Tenn. Acts, ch. 779,s 4, eff. 7/1/2014.
Acts 1995, ch. 376, § 5.
Tenn. Code Ann. § 38-1-304 — TN Code / Title 38 / Chapter 1 / Section 38-1-304
Confidentiality of reports and identities
Status: in_force

Reports made under this part, and the identity of the person filing the report, are confidential, except when the court having jurisdiction determines the testimony of the person reporting to be material to an indictment or conviction. Acts 1996, ch. 842, § 1.
Reports made under this part, and the identity of the person filing the report, are confidential, except when the court having jurisdiction determines the testimony of the person reporting to be material to an indictment or conviction.
Acts 1996, ch. 842, § 1.
Tenn. Code Ann. § 38-5-102 — TN Code / Title 38 / Chapter 5 / Section 38-5-102
False affidavit - Perjury
Status: in_force

Any person who falsely, willfully, and corruptly swears out an affidavit as provided for in § 38-5-101 shall be deemed guilty of perjury, and punished as provided for by law for the offense, and in addition to the penalty provided by law for perjury, shall be taxed with all the costs incidental to the inquisition, based upon the false and corrupt affidavit. Acts 1895, ch. 31, § 2; Shan., § 7275; Code 1932, § 11877; T.C.A. (orig. ed.), § 38-402.
Any person who falsely, willfully, and corruptly swears out an affidavit as provided for in § 38-5-101 shall be deemed guilty of perjury, and punished as provided for by law for the offense, and in addition to the penalty provided by law for perjury, shall be taxed with all the costs incidental to the inquisition, based upon the false and corrupt affidavit.
Acts 1895, ch. 31, § 2; Shan., § 7275; Code 1932, § 11877; T.C.A. (orig. ed.), § 38-402.