Tenn. Code Ann. § 38-6-102 — TN Code / Title 38 / Chapter 6 / Section 38-6-102
Criminal investigation division - Criminal intelligence unit - Investigations into domestic terrorism - Emergency situation traffic stops
Status: in_force

(a) The criminal investigation division shall consist of not less than six (6) persons who shall be experienced in the detection of crime and in criminal work generally. The director, with the approval of the governor, however, may increase the number of persons employed in the criminal investigation division, to such number as may be found to be feasible and necessary. At least two (2) of the criminal investigators shall be normally detailed to service in each grand division of the state, but the director shall have power to detail any and all of the investigators to service in grand divisions in case of emergency. The director, upon the request of the district attorney general of any judicial district, may assign the criminal investigators to aid that district attorney general in the investigation of any crime committed in the district attorney general's judicial district, but only when the district attorney general requests such aid. When detailed by the director to aid the district attorney general, the criminal investigators shall have full power to issue subpoenas for witnesses, serve the subpoenas, administer oaths to witnesses as they may summon, to take written statements from them and, when so detailed, shall have the same powers with reference to the execution of criminal process, making arrests, and the like, as does the sheriff of the county in which the investigators are at work. (b) (1) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make investigations in connection with any matters pertaining to: (A) Fugitives from justice; (B) Commission of any offense prohibited by title 39, chapter 16, part 4, or any other offense involving corruption of or misconduct by a public official; (C) Employees or prospective employees of the bureau or the department of safety; (D) Organized crime activities; (E) Fraudulent conduct involving social security administration Title II and Title XVI disability programs; provided, however, that the authority conferred upon the bureau by this subdivision (b)(1)(E) shall automatically terminate upon discontinuation of federal funding for reimbursement of bureau costs associated with investigations of fraudulent conduct involving Title II and Title XVI disability programs; (F) Victimization of children by means of a computer or other electronic communications device; (G) Commission of an offense involving any form of trafficking prohibited by title 39, chapter 13, part 3; or (H) Commission of an offense prohibited by title 39, chapter 14, part 3. (2) (A) For the purposes of subsection (b), "organized crime" is defined as the unlawful activities of the members of an organized, disciplined association engaged in supplying illegal goods and services, including, but not limited to, gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations. (B) The bureau is authorized to investigate allegations of felonious conduct resulting in serious bodily injury to a state inmate who is housed in a county or private correctional facility where the alleged perpetrator is an official, employee or trustee of the county or a private vendor if, after the district attorney general is notified by the department of correction of such felonious conduct, the district attorney general refuses to request the bureau to make an investigation. The bureau shall forward the results of any such investigation to the department of correction and the district attorney general. (C) The bureau also is authorized, upon the request of the governor, the attorney general and reporter, any member of the board, the commissioner of correction or a district attorney general to conduct investigations into allegations of fraud, corruption, or dishonesty involving the granting, revoking or denying of paroles, release classification status or executive clemency of any type. The governor, a district attorney general, the attorney general and reporter, or the board of parole acting at the request of the governor, may request the assistance of the bureau to determine whether any recipient of executive clemency of any type has been or is presently abiding by the terms and conditions imposed upon the governor's granting of executive clemency of any type. (D) The bureau shall coordinate its activities whenever possible with municipal, county, and federal police agencies with emphasis toward providing strike force capabilities to high crime areas within the state. (E) The bureau shall continue to utilize the communications systems of the department of safety. (F) The bureau is also authorized, in consultation with the appropriate department or agency, to conduct an investigation into a violation of a criminal offense: (i) In which the victim of the offense is a state employee or contractor who was acting in the employee or contractor's official capacity at the time of the offense; (ii) That resulted in state property being damaged or destroyed as a result of the offense; or (iii) That delayed the administration of state government at a significant cost to the state. (c) Whenever a district attorney general refuses or neglects to present the results of any investigation undertaken under this section to a grand jury, the director, or the director's designated representative, may appear before the grand jury and seek a presentment, and the grand jury shall have the power to issue compulsory process for the appearance of witnesses. In the event the grand jury returns a presentment and the district attorney general refuses to prosecute, the director may petition for the appointment of a district attorney general pro tempore as provided for in § 8-7-106 . (d) The director shall cause to be established within the criminal investigation division a criminal intelligence unit (CIU). It shall be the responsibility of the CIU, through the automated criminal intelligence system of Tennessee (ACIST), as well as through criminal investigators assigned to each of the bureau's four regional offices, to gather and maintain criminal intelligence on criminal gang activity. Intelligence collected pursuant to this section shall be reviewed for compliance with 28 CFR Part 23.20 and shall be disseminated to local, state, and federal law enforcement agencies pursuant to 28 CFR Part 23.20 . The bureau shall analyze all criminal intelligence collected, and shall compile statistical information for dissemination through the national incident-based reporting system (NIBRS) and the bureau's annual report. (e) (1) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make investigations based upon intelligence information pertaining to domestic terrorism that the bureau received under a government information security classification. Investigators may make investigations based upon intelligence information pertaining to domestic terrorism that the bureau received from nonclassified sources upon the request of the district attorney general. (2) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make traffic stops in emergency situations in which the safety of the public is in jeopardy and no officer from the appropriate law enforcement agency is immediately available to make the stop. For purposes of this subdivision (e)(2), "emergency situations" is limited to driving under the influence of an intoxicant pursuant to § 55-10-401 , and reckless endangerment pursuant to § 39-13-103 involving the traffic stop. Investigators may also assist stranded motorists. (f) On or before January 1, 2022, the district attorneys general conference shall file a report with the speakers of the senate and house of representatives and the chairs of the judiciary committee of the senate and criminal justice committee of the house of representatives detailing by geographic location within this state: (1) The aggregate number of reports of potential violations of criminal offenses described in subdivision (b)(2)(F); (2) The action taken by the appropriate district attorney for each report; and (3) The legal disposition of any case resulting from each report. Amended by 2021 Tenn. Acts, ch. 64, s 41, eff. 3/29/2021. Amended by 2020EX2 Tenn. Acts, ch. 3, s 22, eff. 8/20/2020. Amended by 2016 Tenn. Acts, ch. 1041, s 1, eff. 4/28/2016. Amended by 2015 Tenn. Acts, ch. 503, s 2, eff. 7/1/2015. Acts 1951, ch. 173, § 2 (Williams, § 11465.11); Acts 1957, ch. 134, § 1; 1957, ch. 216, § 1; 1961, ch. 297, § 1; 1970, ch. 362, § 1; 1979, ch. 359, § 9; 1980, ch. 636, § 2; impl. am. Acts 1980, ch. 636, § 13; T.C.A. (orig. ed.), § 38-502; Acts 1995, ch. 469, § 1; 1996, ch. 944, § 47; 1996, ch. 1066, § 1; 1997 , ch. 541, § 1; 1998, ch. 1049, § 6; 1998, ch. 1069, § 2; 1999, ch. 520, § 38; 2000, ch. 852, § 9; 2001, ch. 313, § 1; 2002, ch. 849, § 9; 2003 , ch. 355, § 15; 2008 , ch. 988, § 1; 2008 , ch. 1039, § 1.
(a) The criminal investigation division shall consist of not less than six (6) persons who shall be experienced in the detection of crime and in criminal work generally. The director, with the approval of the governor, however, may increase the number of persons employed in the criminal investigation division, to such number as may be found to be feasible and necessary. At least two (2) of the criminal investigators shall be normally detailed to service in each grand division of the state, but the director shall have power to detail any and all of the investigators to service in grand divisions in case of emergency. The director, upon the request of the district attorney general of any judicial district, may assign the criminal investigators to aid that district attorney general in the investigation of any crime committed in the district attorney general's judicial district, but only when the district attorney general requests such aid. When detailed by the director to aid the district attorney general, the criminal investigators shall have full power to issue subpoenas for witnesses, serve the subpoenas, administer oaths to witnesses as they may summon, to take written statements from them and, when so detailed, shall have the same powers with reference to the execution of criminal process, making arrests, and the like, as does the sheriff of the county in which the investigators are at work.
(b) (1) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make investigations in connection with any matters pertaining to: (A) Fugitives from justice; (B) Commission of any offense prohibited by title 39, chapter 16, part 4, or any other offense involving corruption of or misconduct by a public official; (C) Employees or prospective employees of the bureau or the department of safety; (D) Organized crime activities; (E) Fraudulent conduct involving social security administration Title II and Title XVI disability programs; provided, however, that the authority conferred upon the bureau by this subdivision (b)(1)(E) shall automatically terminate upon discontinuation of federal funding for reimbursement of bureau costs associated with investigations of fraudulent conduct involving Title II and Title XVI disability programs; (F) Victimization of children by means of a computer or other electronic communications device; (G) Commission of an offense involving any form of trafficking prohibited by title 39, chapter 13, part 3; or (H) Commission of an offense prohibited by title 39, chapter 14, part 3. (2) (A) For the purposes of subsection (b), "organized crime" is defined as the unlawful activities of the members of an organized, disciplined association engaged in supplying illegal goods and services, including, but not limited to, gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations. (B) The bureau is authorized to investigate allegations of felonious conduct resulting in serious bodily injury to a state inmate who is housed in a county or private correctional facility where the alleged perpetrator is an official, employee or trustee of the county or a private vendor if, after the district attorney general is notified by the department of correction of such felonious conduct, the district attorney general refuses to request the bureau to make an investigation. The bureau shall forward the results of any such investigation to the department of correction and the district attorney general. (C) The bureau also is authorized, upon the request of the governor, the attorney general and reporter, any member of the board, the commissioner of correction or a district attorney general to conduct investigations into allegations of fraud, corruption, or dishonesty involving the granting, revoking or denying of paroles, release classification status or executive clemency of any type. The governor, a district attorney general, the attorney general and reporter, or the board of parole acting at the request of the governor, may request the assistance of the bureau to determine whether any recipient of executive clemency of any type has been or is presently abiding by the terms and conditions imposed upon the governor's granting of executive clemency of any type. (D) The bureau shall coordinate its activities whenever possible with municipal, county, and federal police agencies with emphasis toward providing strike force capabilities to high crime areas within the state. (E) The bureau shall continue to utilize the communications systems of the department of safety. (F) The bureau is also authorized, in consultation with the appropriate department or agency, to conduct an investigation into a violation of a criminal offense: (i) In which the victim of the offense is a state employee or contractor who was acting in the employee or contractor's official capacity at the time of the offense; (ii) That resulted in state property being damaged or destroyed as a result of the offense; or (iii) That delayed the administration of state government at a significant cost to the state.
(1) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make investigations in connection with any matters pertaining to: (A) Fugitives from justice; (B) Commission of any offense prohibited by title 39, chapter 16, part 4, or any other offense involving corruption of or misconduct by a public official; (C) Employees or prospective employees of the bureau or the department of safety; (D) Organized crime activities; (E) Fraudulent conduct involving social security administration Title II and Title XVI disability programs; provided, however, that the authority conferred upon the bureau by this subdivision (b)(1)(E) shall automatically terminate upon discontinuation of federal funding for reimbursement of bureau costs associated with investigations of fraudulent conduct involving Title II and Title XVI disability programs; (F) Victimization of children by means of a computer or other electronic communications device; (G) Commission of an offense involving any form of trafficking prohibited by title 39, chapter 13, part 3; or (H) Commission of an offense prohibited by title 39, chapter 14, part 3.
(A) Fugitives from justice;
(B) Commission of any offense prohibited by title 39, chapter 16, part 4, or any other offense involving corruption of or misconduct by a public official;
(C) Employees or prospective employees of the bureau or the department of safety;
(D) Organized crime activities;
(E) Fraudulent conduct involving social security administration Title II and Title XVI disability programs; provided, however, that the authority conferred upon the bureau by this subdivision (b)(1)(E) shall automatically terminate upon discontinuation of federal funding for reimbursement of bureau costs associated with investigations of fraudulent conduct involving Title II and Title XVI disability programs;
(F) Victimization of children by means of a computer or other electronic communications device;
(G) Commission of an offense involving any form of trafficking prohibited by title 39, chapter 13, part 3; or
(H) Commission of an offense prohibited by title 39, chapter 14, part 3.
(2) (A) For the purposes of subsection (b), "organized crime" is defined as the unlawful activities of the members of an organized, disciplined association engaged in supplying illegal goods and services, including, but not limited to, gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations. (B) The bureau is authorized to investigate allegations of felonious conduct resulting in serious bodily injury to a state inmate who is housed in a county or private correctional facility where the alleged perpetrator is an official, employee or trustee of the county or a private vendor if, after the district attorney general is notified by the department of correction of such felonious conduct, the district attorney general refuses to request the bureau to make an investigation. The bureau shall forward the results of any such investigation to the department of correction and the district attorney general. (C) The bureau also is authorized, upon the request of the governor, the attorney general and reporter, any member of the board, the commissioner of correction or a district attorney general to conduct investigations into allegations of fraud, corruption, or dishonesty involving the granting, revoking or denying of paroles, release classification status or executive clemency of any type. The governor, a district attorney general, the attorney general and reporter, or the board of parole acting at the request of the governor, may request the assistance of the bureau to determine whether any recipient of executive clemency of any type has been or is presently abiding by the terms and conditions imposed upon the governor's granting of executive clemency of any type. (D) The bureau shall coordinate its activities whenever possible with municipal, county, and federal police agencies with emphasis toward providing strike force capabilities to high crime areas within the state. (E) The bureau shall continue to utilize the communications systems of the department of safety. (F) The bureau is also authorized, in consultation with the appropriate department or agency, to conduct an investigation into a violation of a criminal offense: (i) In which the victim of the offense is a state employee or contractor who was acting in the employee or contractor's official capacity at the time of the offense; (ii) That resulted in state property being damaged or destroyed as a result of the offense; or (iii) That delayed the administration of state government at a significant cost to the state.
(A) For the purposes of subsection (b), "organized crime" is defined as the unlawful activities of the members of an organized, disciplined association engaged in supplying illegal goods and services, including, but not limited to, gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations.
(B) The bureau is authorized to investigate allegations of felonious conduct resulting in serious bodily injury to a state inmate who is housed in a county or private correctional facility where the alleged perpetrator is an official, employee or trustee of the county or a private vendor if, after the district attorney general is notified by the department of correction of such felonious conduct, the district attorney general refuses to request the bureau to make an investigation. The bureau shall forward the results of any such investigation to the department of correction and the district attorney general.
(C) The bureau also is authorized, upon the request of the governor, the attorney general and reporter, any member of the board, the commissioner of correction or a district attorney general to conduct investigations into allegations of fraud, corruption, or dishonesty involving the granting, revoking or denying of paroles, release classification status or executive clemency of any type. The governor, a district attorney general, the attorney general and reporter, or the board of parole acting at the request of the governor, may request the assistance of the bureau to determine whether any recipient of executive clemency of any type has been or is presently abiding by the terms and conditions imposed upon the governor's granting of executive clemency of any type.
(D) The bureau shall coordinate its activities whenever possible with municipal, county, and federal police agencies with emphasis toward providing strike force capabilities to high crime areas within the state.
(E) The bureau shall continue to utilize the communications systems of the department of safety.
(F) The bureau is also authorized, in consultation with the appropriate department or agency, to conduct an investigation into a violation of a criminal offense: (i) In which the victim of the offense is a state employee or contractor who was acting in the employee or contractor's official capacity at the time of the offense; (ii) That resulted in state property being damaged or destroyed as a result of the offense; or (iii) That delayed the administration of state government at a significant cost to the state.
(i) In which the victim of the offense is a state employee or contractor who was acting in the employee or contractor's official capacity at the time of the offense;
(ii) That resulted in state property being damaged or destroyed as a result of the offense; or
(iii) That delayed the administration of state government at a significant cost to the state.
(c) Whenever a district attorney general refuses or neglects to present the results of any investigation undertaken under this section to a grand jury, the director, or the director's designated representative, may appear before the grand jury and seek a presentment, and the grand jury shall have the power to issue compulsory process for the appearance of witnesses. In the event the grand jury returns a presentment and the district attorney general refuses to prosecute, the director may petition for the appointment of a district attorney general pro tempore as provided for in § 8-7-106 .
(d) The director shall cause to be established within the criminal investigation division a criminal intelligence unit (CIU). It shall be the responsibility of the CIU, through the automated criminal intelligence system of Tennessee (ACIST), as well as through criminal investigators assigned to each of the bureau's four regional offices, to gather and maintain criminal intelligence on criminal gang activity. Intelligence collected pursuant to this section shall be reviewed for compliance with 28 CFR Part 23.20 and shall be disseminated to local, state, and federal law enforcement agencies pursuant to 28 CFR Part 23.20 . The bureau shall analyze all criminal intelligence collected, and shall compile statistical information for dissemination through the national incident-based reporting system (NIBRS) and the bureau's annual report.
(e) (1) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make investigations based upon intelligence information pertaining to domestic terrorism that the bureau received under a government information security classification. Investigators may make investigations based upon intelligence information pertaining to domestic terrorism that the bureau received from nonclassified sources upon the request of the district attorney general. (2) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make traffic stops in emergency situations in which the safety of the public is in jeopardy and no officer from the appropriate law enforcement agency is immediately available to make the stop. For purposes of this subdivision (e)(2), "emergency situations" is limited to driving under the influence of an intoxicant pursuant to § 55-10-401 , and reckless endangerment pursuant to § 39-13-103 involving the traffic stop. Investigators may also assist stranded motorists.
(1) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make investigations based upon intelligence information pertaining to domestic terrorism that the bureau received under a government information security classification. Investigators may make investigations based upon intelligence information pertaining to domestic terrorism that the bureau received from nonclassified sources upon the request of the district attorney general.
(2) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make traffic stops in emergency situations in which the safety of the public is in jeopardy and no officer from the appropriate law enforcement agency is immediately available to make the stop. For purposes of this subdivision (e)(2), "emergency situations" is limited to driving under the influence of an intoxicant pursuant to § 55-10-401 , and reckless endangerment pursuant to § 39-13-103 involving the traffic stop. Investigators may also assist stranded motorists.
(f) On or before January 1, 2022, the district attorneys general conference shall file a report with the speakers of the senate and house of representatives and the chairs of the judiciary committee of the senate and criminal justice committee of the house of representatives detailing by geographic location within this state: (1) The aggregate number of reports of potential violations of criminal offenses described in subdivision (b)(2)(F); (2) The action taken by the appropriate district attorney for each report; and (3) The legal disposition of any case resulting from each report.
(1) The aggregate number of reports of potential violations of criminal offenses described in subdivision (b)(2)(F);
(2) The action taken by the appropriate district attorney for each report; and
(3) The legal disposition of any case resulting from each report.
Amended by 2021 Tenn. Acts, ch. 64, s 41, eff. 3/29/2021.
Amended by 2020EX2 Tenn. Acts, ch. 3, s 22, eff. 8/20/2020.
Amended by 2016 Tenn. Acts, ch. 1041, s 1, eff. 4/28/2016.
Amended by 2015 Tenn. Acts, ch. 503, s 2, eff. 7/1/2015.
Acts 1951, ch. 173, § 2 (Williams, § 11465.11); Acts 1957, ch. 134, § 1; 1957, ch. 216, § 1; 1961, ch. 297, § 1; 1970, ch. 362, § 1; 1979, ch. 359, § 9; 1980, ch. 636, § 2; impl. am. Acts 1980, ch. 636, § 13; T.C.A. (orig. ed.), § 38-502; Acts 1995, ch. 469, § 1; 1996, ch. 944, § 47; 1996, ch. 1066, § 1; 1997 , ch. 541, § 1; 1998, ch. 1049, § 6; 1998, ch. 1069, § 2; 1999, ch. 520, § 38; 2000, ch. 852, § 9; 2001, ch. 313, § 1; 2002, ch. 849, § 9; 2003 , ch. 355, § 15; 2008 , ch. 988, § 1; 2008 , ch. 1039, § 1.
Tenn. Code Ann. § 38-8-312 — TN Code / Title 38 / Chapter 8 / Section 38-8-312
Community oversight board
Status: in_force

(a) It is the express intent of the general assembly that: (1) Sections 38-8-310 - 38-8-311 and this section apply to all local government entities; and (2) (A) This section preempts any existing law, ordinance, resolution, enactment, charter provision, or regulation by a local governing body concerning a police advisory and review committee, community oversight board, or other similar police oversight body, which as of January 1, 2023 does not conform with the requirements of this section; and (B) A local governing body that created a police advisory and review committee, community oversight board, or other similar police oversight body prior to July 1, 2023, must comply with this section within one hundred twenty (120) days of July 1, 2023, or the police advisory and review committee, community oversight board, or other similar police oversight body is terminated. (b) (1) A local governing body is authorized, upon its own initiative and upon the adoption of an ordinance or resolution by a two-thirds (2/3) vote at two (2) separate meetings, to create a police advisory and review committee for the governing body. (2) The purpose of the committee is to strengthen the relationship between citizens and the law enforcement agency; to ensure the timely, fair, and objective review of citizen complaints while protecting the individual rights of local law enforcement officers; and to make recommendations concerning citizen complaints to the head of a law enforcement agency. (c) (1) A committee consists of seven (7) members, each of whom must: (A) Possess a reputation for fairness, integrity, and responsibility, and have demonstrated an active interest in public affairs and public service; (B) Be a registered voter, as defined by § 2-1-104(a)(24) , of the local government entity for which the committee is established; and (C) Not be a current employee of a local governing body. (2) A committee shall not restrict or otherwise limit membership based upon demographics, economic status, or employment history. (d) (1) Committee members are appointed by the mayor and confirmed by a majority vote of the local governing body, with initial appointments to be made for the following terms: (A) Two (2) members of the committee are appointed for one-year terms; (B) Two (2) members of the committee are appointed for two-year terms; and (C) Three (3) members of the committee are appointed for three-year terms. (2) No more than two (2) persons may be appointed from one (1) district or ward within a local government entity that is represented by a member of a local governing body. (3) Following the initial appointments, all subsequent appointments, except to fill vacancies, are for three-year terms. (4) Vacancies occurring other than through the expiration of terms are filled for the remainder of the term of the member being replaced. (5) A committee member appointed pursuant to this subsection (d) shall not serve more than two (2) consecutive terms. (6) (A) Upon making the initial appointments to the committee, the mayor shall designate one (1) member of the committee to convene the first regular meeting of the committee. (B) At its first regular meeting, the committee shall elect one (1) of its members to serve as chair, who serves a term of one (1) year or until a successor is elected. The chair may appoint other officers as the chair deems appropriate. (e) (1) Upon the recommendation of a majority of the committee members or by a finding of the mayor, the mayor, with a majority approval of the local governing body, may remove a member of the committee for official misconduct or neglect of duty including neglect of any duty in subsection (h). (2) Members who are absent from three (3) consecutive regular committee meetings are considered to have vacated their positions on the committee and may be replaced. (3) Members who cease to possess the qualifications for membership on the committee under subdivision (c)(1) are deemed to have forfeited their position on the committee. (f) A person shall not receive compensation for services performed as an appointed member of the committee. (g) Each person appointed to the committee shall complete the citizen's police academy course offered by the law enforcement agency and any other training deemed appropriate by the head of the law enforcement agency to educate citizens on law enforcement operations, practice, and training. The course must be completed within six (6) months of the date of a person's appointment to the committee. Members who fail to complete required courses are considered to have vacated their positions on the committee and may be replaced. (h) Members of the committee shall: (1) Respect an individual's, including a local law enforcement officer's, right to privacy, and maintain confidentiality of records; (2) Maintain the confidentiality of internal affairs unit files; personnel files; and other files, records, or recordings received pertaining to their membership on the committee; (3) Excuse themselves from participating in the review of a complaint in which they have a personal, professional, or financial conflict of interest; and (4) Conduct themselves in a manner that ensures public confidence in the fairness, impartiality, and integrity of the committee, and refrain from making inappropriate or prejudicial comments regarding a matter being reviewed by the committee or which may be reasonably expected to be reviewed by the committee. (i) The attorney for the local government entity shall investigate an allegation of misconduct by a committee member or their staff and submit a written report of investigative findings to the mayor and local governing body. (j) (1) The mayor may select an executive director of the committee whose appointment is subject to the approval of a majority of the members of the committee. (2) The executive director must: (A) Possess a reputation for fairness, integrity, and responsibility and have demonstrated an active interest in public affairs and service; (B) Be a registered voter of the local government entity for whom the executive director is employed; (C) Not be a former employee of a law enforcement agency for the preceding twelve (12) months; (D) Possess prior investigative experience, such as would be possessed by an attorney or a local law enforcement officer; (E) Respect an individual's, including local law enforcement officer's, right to privacy, and maintain confidentiality of records; (F) Maintain the confidentiality of all law enforcement records and files that the executive director or committee receives as a result of the committee's performance of its official duties; (G) Not participate in the review of a complaint in which the executive director has a personal, professional, or financial conflict of interest; (H) Conduct the duties of the office in a manner that maintains public confidence in the fairness, impartiality, and integrity of the committee, and refrain from making inappropriate or prejudicial comments regarding a matter being reviewed by the committee or which may be reasonably expected to be reviewed by the committee; and (I) Comply with all rules applicable to other employees of the local government entity. (3) (A) A person shall not be approved as executive director under subdivision (j)(1) until the person has: (i) Supplied a fingerprint sample for the purpose of a state criminal history background check to be conducted by the Tennessee bureau of investigation, as well as a national criminal history background check to be conducted by the federal bureau of investigation; and (ii) Submitted to a lawfully administered test designed to detect the presence of a controlled substance or a controlled substance analogue. (B) The local governing body shall pay the costs incurred to conduct the criminal history background check and to administer the test under subdivision (j)(3)(A). The local governing body may require the applicant to pay the costs associated with the criminal history background check and the test. Payment must be made in accordance with § 38-6-103 . (C) The Tennessee bureau of investigation and the entity conducting the test shall report the results of the criminal history background check and test to the mayor or the mayor's designee within five (5) business days of the bureau's receipt of such results. (D) The results of the criminal history background check and test are deemed to be confidential under title 10, chapter 7, part 5 and are not required to be disclosed or made available under § 10-7-503(a) . (k) (1) The executive director shall accept written, sworn complaints from members of the public regarding misconduct of local law enforcement officers and shall forward the complaints to the head of the internal affairs unit of the law enforcement agency within three (3) business days of their receipt. Upon receipt of a complaint, the unit shall immediately cause an investigation to be conducted of the allegations pursuant to the standard operating procedures of the law enforcement agency. The executive director may also accept unsworn or anonymous complaints and, if accepted, refer the complaints to the internal affairs unit for investigation. (2) Upon notification by the head of the internal affairs unit that an investigation of an allegation of misconduct by a local law enforcement officer is closed, whether the investigation was prompted by a complaint received by the executive director or otherwise, the executive director may review the unit file or the referral action form and determine if the investigation is complete. (3) (A) If the executive director determines that the investigation is complete in accordance with subdivision (k)(2), then the executive director shall file a report with the committee at its next regularly scheduled meeting that contains a copy of the internal affairs unit case, summary, or referral action form, and any documentation of disciplinary action pertaining to the case. (B) If the executive director determines that the investigation is not complete, then the executive director shall notify the committee, at its next regularly scheduled meeting, that, in the executive director's opinion, additional investigation or additional time may be required for the investigation to be complete. (l) At each of the regularly scheduled committee meetings, the executive director shall file a report with the committee that details the resolution of unsworn or anonymous complaints the executive director has been able to resolve without an investigation by the internal affairs unit. (m) The executive director may request legal services and advice from the attorney for the local government entity that provides legal services to the local government for which the executive director is employed. If the attorney for the local government entity determines that the provision of legal services and advice would constitute a conflict of interest, then the attorney shall advise the executive director of the conflict and the executive director may request the attorney for the local government entity to provide other outside counsel for such legal services and advice. (n) The executive director shall: (1) Ensure the proper recording of the minutes of the committee; (2) Maintain proper records and files pertaining to committee business; (3) Receive and record all exhibits, petitions, documents, or other materials presented to the committee in support of or in opposition to a question before the committee; (4) Comply with state law and local ordinances regarding notice of meetings; (5) Provide complainants with information about the complaint process; (6) Be a notary public; (7) Compile statistical information regarding complaints of misconduct by law enforcement officers as reported to the executive director from a member of the public, reported to the internal affairs unit where the investigation was reviewed by the executive director, or which were initiated by the executive director; and (8) Include the information compiled under subdivision (n)(7) in an annual report to the head of the law enforcement agency, the mayor, and the local governing body of the committee's activities. (o) (1) The committee shall review all reports submitted by the executive director under subdivision (k)(3)(A). (2) If the executive director finds that an investigation is not complete under subdivision (k)(3)(B), then the committee may, by a majority vote of its members: (A) Request the head of the law enforcement agency to conduct a further investigation of the incident, specifying that additional information is needed; or (B) Direct the executive director to return the investigation to the internal affairs unit for additional investigation. (3) The executive director shall report any additional investigative findings made to the committee, and upon completion of its inquiry, the committee shall report its written findings and conclusions to the head of the law enforcement agency, and the mayor. (4) (A) The committee shall have access to all public records it deems necessary to conduct its affairs in furtherance of its duties under this section, including law enforcement agency records. Such records include: (i) Complaints and supporting documents provided by complainants; (ii) Offense, incident, and arrest reports; and (iii) Incident-related documents such as schedules, dispatch notes, dispatch tapes and transcriptions, citations, photographs, and records of interviews with complainants, employees, and witnesses. (B) The committee shall not access nonpublic records, including employee medical records, or records that are otherwise exempt from disclosure under any state or federal law. (5) (A) Upon completion of the review of an internal affairs investigation, the committee may, subject to its own specific findings and conclusions, make recommendations to the head of the law enforcement agency for the improvement of law enforcement policies and activities and to benefit the community. (B) All meetings must be open to the public and the head of the law enforcement agency, or their designee, may attend and provide information and advice to, or accept the recommendations of, the committee, if any. (6) (A) The committee shall compile a comprehensive report of its activities at least once a year, with the report to contain statistics and summaries of citizen complaints, including a comparison of the committee's findings and conclusions with those of the internal affairs unit, along with the actions taken by the head of the law enforcement agency. (B) The report compiled in subdivision (o)(6)(A) must be submitted to: (i) The executive director for inclusion in the executive director's annual report to the head of the law enforcement agency; (ii) The mayor; (iii) The local governing body; (iv) The chairs of the civil justice and criminal justice committees of the house of representatives; and (v) The chair of the judiciary committee of the senate. (7) (A) The committee may request legal services and advice from the attorney for the local government entity who provides legal services to the local government entity for which the committee serves. If the attorney for the local government entity determines that the provision of legal services and advice would constitute a conflict of interest, then the attorney for the local government entity shall advise the committee of the conflict and the committee may request the attorney for the local government entity to provide other outside counsel for such legal services and advice. (B) If the executive director is prohibited from participating in the review of a complaint pursuant to subdivision (j)(2)(G), then the committee may petition the mayor to appoint a temporary assistant to perform the duties of the executive director. (p) (1) The committee shall adopt rules of procedure for the transaction of committee business not inconsistent with this section. (2) Four (4) members of the committee constitute a quorum. A meeting of the committee must not commence or continue in the absence of a quorum, and a majority vote of those forming a quorum is required for action to be taken by the committee except where otherwise specified in this section. (3) Regular meetings of the committee must be held no less than quarterly, on the first Wednesday of January, April, July, and October, or as the committee may otherwise elect. A scheduled meeting may be rescheduled at the preceding regular meeting. The chairman and three (3) members of the committee may call a special meeting of the committee upon at least five (5) days' notice. (4) Committee meetings and records must be open to the public in accordance with title 8, chapter 44, part 1, and title 10, chapter 7. The committee shall provide an opportunity for public comment about an investigation being reviewed by the committee pursuant to rules established by the committee. (5) (A) A police advisory and review committee does not have the power to issue subpoenas for documents or to compel witness testimony. (B) This subdivision (p)(5) does not prohibit the issuance of a subpoena by a local governing body as otherwise provided by law. (C) A subpoena issued by a local governing body, on behalf of a police advisory and review committee, must: (i) Be issued pursuant to majority vote of the local governing body; (ii) Not be issued in the form of a blanket authorization, but must specify each document to be produced; and (iii) Not be issued for documents that are confidential under state or federal law. (D) Notwithstanding subdivision (p)(4), any document provided to a committee that is confidential under state or federal law must be treated as confidential and must not be released to the public. (q) (1) The committee or its staff shall not review an investigation: (A) Concerning an incident that occurred prior to January 1, 2023; (B) Prior to the closure of an investigation by the internal affairs unit or of a criminal investigation; (C) While the complainant, the officer complained about, or a witness is actively engaged in pursuing a remedy provided by the rules and regulations of the civil service merit board of the local government entity; or (D) If the complainant has initiated, threatened, or given notice of the intent to initiate litigation against the local government entity or its employees. (2) The committee shall not direct the head of the law enforcement agency to alter or impose disciplinary action against an employee of the local law enforcement agency. Amended by 2023 Tenn. Acts, ch. 454, s 2, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 523, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 523, s 1, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 64, s 43, eff. 3/29/2021. Acts 2019, ch. 320, § 1.
(a) It is the express intent of the general assembly that: (1) Sections 38-8-310 - 38-8-311 and this section apply to all local government entities; and (2) (A) This section preempts any existing law, ordinance, resolution, enactment, charter provision, or regulation by a local governing body concerning a police advisory and review committee, community oversight board, or other similar police oversight body, which as of January 1, 2023 does not conform with the requirements of this section; and (B) A local governing body that created a police advisory and review committee, community oversight board, or other similar police oversight body prior to July 1, 2023, must comply with this section within one hundred twenty (120) days of July 1, 2023, or the police advisory and review committee, community oversight board, or other similar police oversight body is terminated.
(1) Sections 38-8-310 - 38-8-311 and this section apply to all local government entities; and
(2) (A) This section preempts any existing law, ordinance, resolution, enactment, charter provision, or regulation by a local governing body concerning a police advisory and review committee, community oversight board, or other similar police oversight body, which as of January 1, 2023 does not conform with the requirements of this section; and (B) A local governing body that created a police advisory and review committee, community oversight board, or other similar police oversight body prior to July 1, 2023, must comply with this section within one hundred twenty (120) days of July 1, 2023, or the police advisory and review committee, community oversight board, or other similar police oversight body is terminated.
(A) This section preempts any existing law, ordinance, resolution, enactment, charter provision, or regulation by a local governing body concerning a police advisory and review committee, community oversight board, or other similar police oversight body, which as of January 1, 2023 does not conform with the requirements of this section; and
(B) A local governing body that created a police advisory and review committee, community oversight board, or other similar police oversight body prior to July 1, 2023, must comply with this section within one hundred twenty (120) days of July 1, 2023, or the police advisory and review committee, community oversight board, or other similar police oversight body is terminated.
(b) (1) A local governing body is authorized, upon its own initiative and upon the adoption of an ordinance or resolution by a two-thirds (2/3) vote at two (2) separate meetings, to create a police advisory and review committee for the governing body. (2) The purpose of the committee is to strengthen the relationship between citizens and the law enforcement agency; to ensure the timely, fair, and objective review of citizen complaints while protecting the individual rights of local law enforcement officers; and to make recommendations concerning citizen complaints to the head of a law enforcement agency.
(1) A local governing body is authorized, upon its own initiative and upon the adoption of an ordinance or resolution by a two-thirds (2/3) vote at two (2) separate meetings, to create a police advisory and review committee for the governing body.
(2) The purpose of the committee is to strengthen the relationship between citizens and the law enforcement agency; to ensure the timely, fair, and objective review of citizen complaints while protecting the individual rights of local law enforcement officers; and to make recommendations concerning citizen complaints to the head of a law enforcement agency.
(c) (1) A committee consists of seven (7) members, each of whom must: (A) Possess a reputation for fairness, integrity, and responsibility, and have demonstrated an active interest in public affairs and public service; (B) Be a registered voter, as defined by § 2-1-104(a)(24) , of the local government entity for which the committee is established; and (C) Not be a current employee of a local governing body. (2) A committee shall not restrict or otherwise limit membership based upon demographics, economic status, or employment history.
(1) A committee consists of seven (7) members, each of whom must: (A) Possess a reputation for fairness, integrity, and responsibility, and have demonstrated an active interest in public affairs and public service; (B) Be a registered voter, as defined by § 2-1-104(a)(24) , of the local government entity for which the committee is established; and (C) Not be a current employee of a local governing body.
(A) Possess a reputation for fairness, integrity, and responsibility, and have demonstrated an active interest in public affairs and public service;
(B) Be a registered voter, as defined by § 2-1-104(a)(24) , of the local government entity for which the committee is established; and
(C) Not be a current employee of a local governing body.
(2) A committee shall not restrict or otherwise limit membership based upon demographics, economic status, or employment history.
(d) (1) Committee members are appointed by the mayor and confirmed by a majority vote of the local governing body, with initial appointments to be made for the following terms: (A) Two (2) members of the committee are appointed for one-year terms; (B) Two (2) members of the committee are appointed for two-year terms; and (C) Three (3) members of the committee are appointed for three-year terms. (2) No more than two (2) persons may be appointed from one (1) district or ward within a local government entity that is represented by a member of a local governing body. (3) Following the initial appointments, all subsequent appointments, except to fill vacancies, are for three-year terms. (4) Vacancies occurring other than through the expiration of terms are filled for the remainder of the term of the member being replaced. (5) A committee member appointed pursuant to this subsection (d) shall not serve more than two (2) consecutive terms. (6) (A) Upon making the initial appointments to the committee, the mayor shall designate one (1) member of the committee to convene the first regular meeting of the committee. (B) At its first regular meeting, the committee shall elect one (1) of its members to serve as chair, who serves a term of one (1) year or until a successor is elected. The chair may appoint other officers as the chair deems appropriate.
(1) Committee members are appointed by the mayor and confirmed by a majority vote of the local governing body, with initial appointments to be made for the following terms: (A) Two (2) members of the committee are appointed for one-year terms; (B) Two (2) members of the committee are appointed for two-year terms; and (C) Three (3) members of the committee are appointed for three-year terms.
(A) Two (2) members of the committee are appointed for one-year terms;
(B) Two (2) members of the committee are appointed for two-year terms; and
(C) Three (3) members of the committee are appointed for three-year terms.
(2) No more than two (2) persons may be appointed from one (1) district or ward within a local government entity that is represented by a member of a local governing body.
(3) Following the initial appointments, all subsequent appointments, except to fill vacancies, are for three-year terms.
(4) Vacancies occurring other than through the expiration of terms are filled for the remainder of the term of the member being replaced.
(5) A committee member appointed pursuant to this subsection (d) shall not serve more than two (2) consecutive terms.
(6) (A) Upon making the initial appointments to the committee, the mayor shall designate one (1) member of the committee to convene the first regular meeting of the committee. (B) At its first regular meeting, the committee shall elect one (1) of its members to serve as chair, who serves a term of one (1) year or until a successor is elected. The chair may appoint other officers as the chair deems appropriate.
(A) Upon making the initial appointments to the committee, the mayor shall designate one (1) member of the committee to convene the first regular meeting of the committee.
(B) At its first regular meeting, the committee shall elect one (1) of its members to serve as chair, who serves a term of one (1) year or until a successor is elected. The chair may appoint other officers as the chair deems appropriate.
(e) (1) Upon the recommendation of a majority of the committee members or by a finding of the mayor, the mayor, with a majority approval of the local governing body, may remove a member of the committee for official misconduct or neglect of duty including neglect of any duty in subsection (h). (2) Members who are absent from three (3) consecutive regular committee meetings are considered to have vacated their positions on the committee and may be replaced. (3) Members who cease to possess the qualifications for membership on the committee under subdivision (c)(1) are deemed to have forfeited their position on the committee.
(1) Upon the recommendation of a majority of the committee members or by a finding of the mayor, the mayor, with a majority approval of the local governing body, may remove a member of the committee for official misconduct or neglect of duty including neglect of any duty in subsection (h).
(2) Members who are absent from three (3) consecutive regular committee meetings are considered to have vacated their positions on the committee and may be replaced.
(3) Members who cease to possess the qualifications for membership on the committee under subdivision (c)(1) are deemed to have forfeited their position on the committee.
(f) A person shall not receive compensation for services performed as an appointed member of the committee.
(g) Each person appointed to the committee shall complete the citizen's police academy course offered by the law enforcement agency and any other training deemed appropriate by the head of the law enforcement agency to educate citizens on law enforcement operations, practice, and training. The course must be completed within six (6) months of the date of a person's appointment to the committee. Members who fail to complete required courses are considered to have vacated their positions on the committee and may be replaced.
(h) Members of the committee shall: (1) Respect an individual's, including a local law enforcement officer's, right to privacy, and maintain confidentiality of records; (2) Maintain the confidentiality of internal affairs unit files; personnel files; and other files, records, or recordings received pertaining to their membership on the committee; (3) Excuse themselves from participating in the review of a complaint in which they have a personal, professional, or financial conflict of interest; and (4) Conduct themselves in a manner that ensures public confidence in the fairness, impartiality, and integrity of the committee, and refrain from making inappropriate or prejudicial comments regarding a matter being reviewed by the committee or which may be reasonably expected to be reviewed by the committee.
(1) Respect an individual's, including a local law enforcement officer's, right to privacy, and maintain confidentiality of records;
(2) Maintain the confidentiality of internal affairs unit files; personnel files; and other files, records, or recordings received pertaining to their membership on the committee;
(3) Excuse themselves from participating in the review of a complaint in which they have a personal, professional, or financial conflict of interest; and
(4) Conduct themselves in a manner that ensures public confidence in the fairness, impartiality, and integrity of the committee, and refrain from making inappropriate or prejudicial comments regarding a matter being reviewed by the committee or which may be reasonably expected to be reviewed by the committee.
(i) The attorney for the local government entity shall investigate an allegation of misconduct by a committee member or their staff and submit a written report of investigative findings to the mayor and local governing body.
(j) (1) The mayor may select an executive director of the committee whose appointment is subject to the approval of a majority of the members of the committee. (2) The executive director must: (A) Possess a reputation for fairness, integrity, and responsibility and have demonstrated an active interest in public affairs and service; (B) Be a registered voter of the local government entity for whom the executive director is employed; (C) Not be a former employee of a law enforcement agency for the preceding twelve (12) months; (D) Possess prior investigative experience, such as would be possessed by an attorney or a local law enforcement officer; (E) Respect an individual's, including local law enforcement officer's, right to privacy, and maintain confidentiality of records; (F) Maintain the confidentiality of all law enforcement records and files that the executive director or committee receives as a result of the committee's performance of its official duties; (G) Not participate in the review of a complaint in which the executive director has a personal, professional, or financial conflict of interest; (H) Conduct the duties of the office in a manner that maintains public confidence in the fairness, impartiality, and integrity of the committee, and refrain from making inappropriate or prejudicial comments regarding a matter being reviewed by the committee or which may be reasonably expected to be reviewed by the committee; and (I) Comply with all rules applicable to other employees of the local government entity. (3) (A) A person shall not be approved as executive director under subdivision (j)(1) until the person has: (i) Supplied a fingerprint sample for the purpose of a state criminal history background check to be conducted by the Tennessee bureau of investigation, as well as a national criminal history background check to be conducted by the federal bureau of investigation; and (ii) Submitted to a lawfully administered test designed to detect the presence of a controlled substance or a controlled substance analogue. (B) The local governing body shall pay the costs incurred to conduct the criminal history background check and to administer the test under subdivision (j)(3)(A). The local governing body may require the applicant to pay the costs associated with the criminal history background check and the test. Payment must be made in accordance with § 38-6-103 . (C) The Tennessee bureau of investigation and the entity conducting the test shall report the results of the criminal history background check and test to the mayor or the mayor's designee within five (5) business days of the bureau's receipt of such results. (D) The results of the criminal history background check and test are deemed to be confidential under title 10, chapter 7, part 5 and are not required to be disclosed or made available under § 10-7-503(a) .
(1) The mayor may select an executive director of the committee whose appointment is subject to the approval of a majority of the members of the committee.
(2) The executive director must: (A) Possess a reputation for fairness, integrity, and responsibility and have demonstrated an active interest in public affairs and service; (B) Be a registered voter of the local government entity for whom the executive director is employed; (C) Not be a former employee of a law enforcement agency for the preceding twelve (12) months; (D) Possess prior investigative experience, such as would be possessed by an attorney or a local law enforcement officer; (E) Respect an individual's, including local law enforcement officer's, right to privacy, and maintain confidentiality of records; (F) Maintain the confidentiality of all law enforcement records and files that the executive director or committee receives as a result of the committee's performance of its official duties; (G) Not participate in the review of a complaint in which the executive director has a personal, professional, or financial conflict of interest; (H) Conduct the duties of the office in a manner that maintains public confidence in the fairness, impartiality, and integrity of the committee, and refrain from making inappropriate or prejudicial comments regarding a matter being reviewed by the committee or which may be reasonably expected to be reviewed by the committee; and (I) Comply with all rules applicable to other employees of the local government entity.
(A) Possess a reputation for fairness, integrity, and responsibility and have demonstrated an active interest in public affairs and service;
(B) Be a registered voter of the local government entity for whom the executive director is employed;
(C) Not be a former employee of a law enforcement agency for the preceding twelve (12) months;
(D) Possess prior investigative experience, such as would be possessed by an attorney or a local law enforcement officer;
(E) Respect an individual's, including local law enforcement officer's, right to privacy, and maintain confidentiality of records;
(F) Maintain the confidentiality of all law enforcement records and files that the executive director or committee receives as a result of the committee's performance of its official duties;
(G) Not participate in the review of a complaint in which the executive director has a personal, professional, or financial conflict of interest;
(H) Conduct the duties of the office in a manner that maintains public confidence in the fairness, impartiality, and integrity of the committee, and refrain from making inappropriate or prejudicial comments regarding a matter being reviewed by the committee or which may be reasonably expected to be reviewed by the committee; and
(I) Comply with all rules applicable to other employees of the local government entity.
(3) (A) A person shall not be approved as executive director under subdivision (j)(1) until the person has: (i) Supplied a fingerprint sample for the purpose of a state criminal history background check to be conducted by the Tennessee bureau of investigation, as well as a national criminal history background check to be conducted by the federal bureau of investigation; and (ii) Submitted to a lawfully administered test designed to detect the presence of a controlled substance or a controlled substance analogue. (B) The local governing body shall pay the costs incurred to conduct the criminal history background check and to administer the test under subdivision (j)(3)(A). The local governing body may require the applicant to pay the costs associated with the criminal history background check and the test. Payment must be made in accordance with § 38-6-103 . (C) The Tennessee bureau of investigation and the entity conducting the test shall report the results of the criminal history background check and test to the mayor or the mayor's designee within five (5) business days of the bureau's receipt of such results. (D) The results of the criminal history background check and test are deemed to be confidential under title 10, chapter 7, part 5 and are not required to be disclosed or made available under § 10-7-503(a) .
(A) A person shall not be approved as executive director under subdivision (j)(1) until the person has: (i) Supplied a fingerprint sample for the purpose of a state criminal history background check to be conducted by the Tennessee bureau of investigation, as well as a national criminal history background check to be conducted by the federal bureau of investigation; and (ii) Submitted to a lawfully administered test designed to detect the presence of a controlled substance or a controlled substance analogue.
(i) Supplied a fingerprint sample for the purpose of a state criminal history background check to be conducted by the Tennessee bureau of investigation, as well as a national criminal history background check to be conducted by the federal bureau of investigation; and
(ii) Submitted to a lawfully administered test designed to detect the presence of a controlled substance or a controlled substance analogue.
(B) The local governing body shall pay the costs incurred to conduct the criminal history background check and to administer the test under subdivision (j)(3)(A). The local governing body may require the applicant to pay the costs associated with the criminal history background check and the test. Payment must be made in accordance with § 38-6-103 .
(C) The Tennessee bureau of investigation and the entity conducting the test shall report the results of the criminal history background check and test to the mayor or the mayor's designee within five (5) business days of the bureau's receipt of such results.
(D) The results of the criminal history background check and test are deemed to be confidential under title 10, chapter 7, part 5 and are not required to be disclosed or made available under § 10-7-503(a) .
(k) (1) The executive director shall accept written, sworn complaints from members of the public regarding misconduct of local law enforcement officers and shall forward the complaints to the head of the internal affairs unit of the law enforcement agency within three (3) business days of their receipt. Upon receipt of a complaint, the unit shall immediately cause an investigation to be conducted of the allegations pursuant to the standard operating procedures of the law enforcement agency. The executive director may also accept unsworn or anonymous complaints and, if accepted, refer the complaints to the internal affairs unit for investigation. (2) Upon notification by the head of the internal affairs unit that an investigation of an allegation of misconduct by a local law enforcement officer is closed, whether the investigation was prompted by a complaint received by the executive director or otherwise, the executive director may review the unit file or the referral action form and determine if the investigation is complete. (3) (A) If the executive director determines that the investigation is complete in accordance with subdivision (k)(2), then the executive director shall file a report with the committee at its next regularly scheduled meeting that contains a copy of the internal affairs unit case, summary, or referral action form, and any documentation of disciplinary action pertaining to the case. (B) If the executive director determines that the investigation is not complete, then the executive director shall notify the committee, at its next regularly scheduled meeting, that, in the executive director's opinion, additional investigation or additional time may be required for the investigation to be complete.
(1) The executive director shall accept written, sworn complaints from members of the public regarding misconduct of local law enforcement officers and shall forward the complaints to the head of the internal affairs unit of the law enforcement agency within three (3) business days of their receipt. Upon receipt of a complaint, the unit shall immediately cause an investigation to be conducted of the allegations pursuant to the standard operating procedures of the law enforcement agency. The executive director may also accept unsworn or anonymous complaints and, if accepted, refer the complaints to the internal affairs unit for investigation.
(2) Upon notification by the head of the internal affairs unit that an investigation of an allegation of misconduct by a local law enforcement officer is closed, whether the investigation was prompted by a complaint received by the executive director or otherwise, the executive director may review the unit file or the referral action form and determine if the investigation is complete.
(3) (A) If the executive director determines that the investigation is complete in accordance with subdivision (k)(2), then the executive director shall file a report with the committee at its next regularly scheduled meeting that contains a copy of the internal affairs unit case, summary, or referral action form, and any documentation of disciplinary action pertaining to the case. (B) If the executive director determines that the investigation is not complete, then the executive director shall notify the committee, at its next regularly scheduled meeting, that, in the executive director's opinion, additional investigation or additional time may be required for the investigation to be complete.
(A) If the executive director determines that the investigation is complete in accordance with subdivision (k)(2), then the executive director shall file a report with the committee at its next regularly scheduled meeting that contains a copy of the internal affairs unit case, summary, or referral action form, and any documentation of disciplinary action pertaining to the case.
(B) If the executive director determines that the investigation is not complete, then the executive director shall notify the committee, at its next regularly scheduled meeting, that, in the executive director's opinion, additional investigation or additional time may be required for the investigation to be complete.
(l) At each of the regularly scheduled committee meetings, the executive director shall file a report with the committee that details the resolution of unsworn or anonymous complaints the executive director has been able to resolve without an investigation by the internal affairs unit.
(m) The executive director may request legal services and advice from the attorney for the local government entity that provides legal services to the local government for which the executive director is employed. If the attorney for the local government entity determines that the provision of legal services and advice would constitute a conflict of interest, then the attorney shall advise the executive director of the conflict and the executive director may request the attorney for the local government entity to provide other outside counsel for such legal services and advice.
(n) The executive director shall: (1) Ensure the proper recording of the minutes of the committee; (2) Maintain proper records and files pertaining to committee business; (3) Receive and record all exhibits, petitions, documents, or other materials presented to the committee in support of or in opposition to a question before the committee; (4) Comply with state law and local ordinances regarding notice of meetings; (5) Provide complainants with information about the complaint process; (6) Be a notary public; (7) Compile statistical information regarding complaints of misconduct by law enforcement officers as reported to the executive director from a member of the public, reported to the internal affairs unit where the investigation was reviewed by the executive director, or which were initiated by the executive director; and (8) Include the information compiled under subdivision (n)(7) in an annual report to the head of the law enforcement agency, the mayor, and the local governing body of the committee's activities.
(1) Ensure the proper recording of the minutes of the committee;
(2) Maintain proper records and files pertaining to committee business;
(3) Receive and record all exhibits, petitions, documents, or other materials presented to the committee in support of or in opposition to a question before the committee;
(4) Comply with state law and local ordinances regarding notice of meetings;
(5) Provide complainants with information about the complaint process;
(6) Be a notary public;
(7) Compile statistical information regarding complaints of misconduct by law enforcement officers as reported to the executive director from a member of the public, reported to the internal affairs unit where the investigation was reviewed by the executive director, or which were initiated by the executive director; and
(8) Include the information compiled under subdivision (n)(7) in an annual report to the head of the law enforcement agency, the mayor, and the local governing body of the committee's activities.
(o) (1) The committee shall review all reports submitted by the executive director under subdivision (k)(3)(A). (2) If the executive director finds that an investigation is not complete under subdivision (k)(3)(B), then the committee may, by a majority vote of its members: (A) Request the head of the law enforcement agency to conduct a further investigation of the incident, specifying that additional information is needed; or (B) Direct the executive director to return the investigation to the internal affairs unit for additional investigation. (3) The executive director shall report any additional investigative findings made to the committee, and upon completion of its inquiry, the committee shall report its written findings and conclusions to the head of the law enforcement agency, and the mayor. (4) (A) The committee shall have access to all public records it deems necessary to conduct its affairs in furtherance of its duties under this section, including law enforcement agency records. Such records include: (i) Complaints and supporting documents provided by complainants; (ii) Offense, incident, and arrest reports; and (iii) Incident-related documents such as schedules, dispatch notes, dispatch tapes and transcriptions, citations, photographs, and records of interviews with complainants, employees, and witnesses. (B) The committee shall not access nonpublic records, including employee medical records, or records that are otherwise exempt from disclosure under any state or federal law. (5) (A) Upon completion of the review of an internal affairs investigation, the committee may, subject to its own specific findings and conclusions, make recommendations to the head of the law enforcement agency for the improvement of law enforcement policies and activities and to benefit the community. (B) All meetings must be open to the public and the head of the law enforcement agency, or their designee, may attend and provide information and advice to, or accept the recommendations of, the committee, if any. (6) (A) The committee shall compile a comprehensive report of its activities at least once a year, with the report to contain statistics and summaries of citizen complaints, including a comparison of the committee's findings and conclusions with those of the internal affairs unit, along with the actions taken by the head of the law enforcement agency. (B) The report compiled in subdivision (o)(6)(A) must be submitted to: (i) The executive director for inclusion in the executive director's annual report to the head of the law enforcement agency; (ii) The mayor; (iii) The local governing body; (iv) The chairs of the civil justice and criminal justice committees of the house of representatives; and (v) The chair of the judiciary committee of the senate. (7) (A) The committee may request legal services and advice from the attorney for the local government entity who provides legal services to the local government entity for which the committee serves. If the attorney for the local government entity determines that the provision of legal services and advice would constitute a conflict of interest, then the attorney for the local government entity shall advise the committee of the conflict and the committee may request the attorney for the local government entity to provide other outside counsel for such legal services and advice. (B) If the executive director is prohibited from participating in the review of a complaint pursuant to subdivision (j)(2)(G), then the committee may petition the mayor to appoint a temporary assistant to perform the duties of the executive director.
(1) The committee shall review all reports submitted by the executive director under subdivision (k)(3)(A).
(2) If the executive director finds that an investigation is not complete under subdivision (k)(3)(B), then the committee may, by a majority vote of its members: (A) Request the head of the law enforcement agency to conduct a further investigation of the incident, specifying that additional information is needed; or (B) Direct the executive director to return the investigation to the internal affairs unit for additional investigation.
(A) Request the head of the law enforcement agency to conduct a further investigation of the incident, specifying that additional information is needed; or
(B) Direct the executive director to return the investigation to the internal affairs unit for additional investigation.
(3) The executive director shall report any additional investigative findings made to the committee, and upon completion of its inquiry, the committee shall report its written findings and conclusions to the head of the law enforcement agency, and the mayor.
(4) (A) The committee shall have access to all public records it deems necessary to conduct its affairs in furtherance of its duties under this section, including law enforcement agency records. Such records include: (i) Complaints and supporting documents provided by complainants; (ii) Offense, incident, and arrest reports; and (iii) Incident-related documents such as schedules, dispatch notes, dispatch tapes and transcriptions, citations, photographs, and records of interviews with complainants, employees, and witnesses. (B) The committee shall not access nonpublic records, including employee medical records, or records that are otherwise exempt from disclosure under any state or federal law.
(A) The committee shall have access to all public records it deems necessary to conduct its affairs in furtherance of its duties under this section, including law enforcement agency records. Such records include: (i) Complaints and supporting documents provided by complainants; (ii) Offense, incident, and arrest reports; and (iii) Incident-related documents such as schedules, dispatch notes, dispatch tapes and transcriptions, citations, photographs, and records of interviews with complainants, employees, and witnesses.
(i) Complaints and supporting documents provided by complainants;
(ii) Offense, incident, and arrest reports; and
(iii) Incident-related documents such as schedules, dispatch notes, dispatch tapes and transcriptions, citations, photographs, and records of interviews with complainants, employees, and witnesses.
(B) The committee shall not access nonpublic records, including employee medical records, or records that are otherwise exempt from disclosure under any state or federal law.
(5) (A) Upon completion of the review of an internal affairs investigation, the committee may, subject to its own specific findings and conclusions, make recommendations to the head of the law enforcement agency for the improvement of law enforcement policies and activities and to benefit the community. (B) All meetings must be open to the public and the head of the law enforcement agency, or their designee, may attend and provide information and advice to, or accept the recommendations of, the committee, if any.
(A) Upon completion of the review of an internal affairs investigation, the committee may, subject to its own specific findings and conclusions, make recommendations to the head of the law enforcement agency for the improvement of law enforcement policies and activities and to benefit the community.
(B) All meetings must be open to the public and the head of the law enforcement agency, or their designee, may attend and provide information and advice to, or accept the recommendations of, the committee, if any.
(6) (A) The committee shall compile a comprehensive report of its activities at least once a year, with the report to contain statistics and summaries of citizen complaints, including a comparison of the committee's findings and conclusions with those of the internal affairs unit, along with the actions taken by the head of the law enforcement agency. (B) The report compiled in subdivision (o)(6)(A) must be submitted to: (i) The executive director for inclusion in the executive director's annual report to the head of the law enforcement agency; (ii) The mayor; (iii) The local governing body; (iv) The chairs of the civil justice and criminal justice committees of the house of representatives; and (v) The chair of the judiciary committee of the senate.
(A) The committee shall compile a comprehensive report of its activities at least once a year, with the report to contain statistics and summaries of citizen complaints, including a comparison of the committee's findings and conclusions with those of the internal affairs unit, along with the actions taken by the head of the law enforcement agency.
(B) The report compiled in subdivision (o)(6)(A) must be submitted to: (i) The executive director for inclusion in the executive director's annual report to the head of the law enforcement agency; (ii) The mayor; (iii) The local governing body; (iv) The chairs of the civil justice and criminal justice committees of the house of representatives; and (v) The chair of the judiciary committee of the senate.
(i) The executive director for inclusion in the executive director's annual report to the head of the law enforcement agency;
(ii) The mayor;
(iii) The local governing body;
(iv) The chairs of the civil justice and criminal justice committees of the house of representatives; and
(v) The chair of the judiciary committee of the senate.
(7) (A) The committee may request legal services and advice from the attorney for the local government entity who provides legal services to the local government entity for which the committee serves. If the attorney for the local government entity determines that the provision of legal services and advice would constitute a conflict of interest, then the attorney for the local government entity shall advise the committee of the conflict and the committee may request the attorney for the local government entity to provide other outside counsel for such legal services and advice. (B) If the executive director is prohibited from participating in the review of a complaint pursuant to subdivision (j)(2)(G), then the committee may petition the mayor to appoint a temporary assistant to perform the duties of the executive director.
(A) The committee may request legal services and advice from the attorney for the local government entity who provides legal services to the local government entity for which the committee serves. If the attorney for the local government entity determines that the provision of legal services and advice would constitute a conflict of interest, then the attorney for the local government entity shall advise the committee of the conflict and the committee may request the attorney for the local government entity to provide other outside counsel for such legal services and advice.
(B) If the executive director is prohibited from participating in the review of a complaint pursuant to subdivision (j)(2)(G), then the committee may petition the mayor to appoint a temporary assistant to perform the duties of the executive director.
(p) (1) The committee shall adopt rules of procedure for the transaction of committee business not inconsistent with this section. (2) Four (4) members of the committee constitute a quorum. A meeting of the committee must not commence or continue in the absence of a quorum, and a majority vote of those forming a quorum is required for action to be taken by the committee except where otherwise specified in this section. (3) Regular meetings of the committee must be held no less than quarterly, on the first Wednesday of January, April, July, and October, or as the committee may otherwise elect. A scheduled meeting may be rescheduled at the preceding regular meeting. The chairman and three (3) members of the committee may call a special meeting of the committee upon at least five (5) days' notice. (4) Committee meetings and records must be open to the public in accordance with title 8, chapter 44, part 1, and title 10, chapter 7. The committee shall provide an opportunity for public comment about an investigation being reviewed by the committee pursuant to rules established by the committee. (5) (A) A police advisory and review committee does not have the power to issue subpoenas for documents or to compel witness testimony. (B) This subdivision (p)(5) does not prohibit the issuance of a subpoena by a local governing body as otherwise provided by law. (C) A subpoena issued by a local governing body, on behalf of a police advisory and review committee, must: (i) Be issued pursuant to majority vote of the local governing body; (ii) Not be issued in the form of a blanket authorization, but must specify each document to be produced; and (iii) Not be issued for documents that are confidential under state or federal law. (D) Notwithstanding subdivision (p)(4), any document provided to a committee that is confidential under state or federal law must be treated as confidential and must not be released to the public.
(1) The committee shall adopt rules of procedure for the transaction of committee business not inconsistent with this section.
(2) Four (4) members of the committee constitute a quorum. A meeting of the committee must not commence or continue in the absence of a quorum, and a majority vote of those forming a quorum is required for action to be taken by the committee except where otherwise specified in this section.
(3) Regular meetings of the committee must be held no less than quarterly, on the first Wednesday of January, April, July, and October, or as the committee may otherwise elect. A scheduled meeting may be rescheduled at the preceding regular meeting. The chairman and three (3) members of the committee may call a special meeting of the committee upon at least five (5) days' notice.
(4) Committee meetings and records must be open to the public in accordance with title 8, chapter 44, part 1, and title 10, chapter 7. The committee shall provide an opportunity for public comment about an investigation being reviewed by the committee pursuant to rules established by the committee.
(5) (A) A police advisory and review committee does not have the power to issue subpoenas for documents or to compel witness testimony. (B) This subdivision (p)(5) does not prohibit the issuance of a subpoena by a local governing body as otherwise provided by law. (C) A subpoena issued by a local governing body, on behalf of a police advisory and review committee, must: (i) Be issued pursuant to majority vote of the local governing body; (ii) Not be issued in the form of a blanket authorization, but must specify each document to be produced; and (iii) Not be issued for documents that are confidential under state or federal law. (D) Notwithstanding subdivision (p)(4), any document provided to a committee that is confidential under state or federal law must be treated as confidential and must not be released to the public.
(A) A police advisory and review committee does not have the power to issue subpoenas for documents or to compel witness testimony.
(B) This subdivision (p)(5) does not prohibit the issuance of a subpoena by a local governing body as otherwise provided by law.
(C) A subpoena issued by a local governing body, on behalf of a police advisory and review committee, must: (i) Be issued pursuant to majority vote of the local governing body; (ii) Not be issued in the form of a blanket authorization, but must specify each document to be produced; and (iii) Not be issued for documents that are confidential under state or federal law.
(i) Be issued pursuant to majority vote of the local governing body;
(ii) Not be issued in the form of a blanket authorization, but must specify each document to be produced; and
(iii) Not be issued for documents that are confidential under state or federal law.
(D) Notwithstanding subdivision (p)(4), any document provided to a committee that is confidential under state or federal law must be treated as confidential and must not be released to the public.
(q) (1) The committee or its staff shall not review an investigation: (A) Concerning an incident that occurred prior to January 1, 2023; (B) Prior to the closure of an investigation by the internal affairs unit or of a criminal investigation; (C) While the complainant, the officer complained about, or a witness is actively engaged in pursuing a remedy provided by the rules and regulations of the civil service merit board of the local government entity; or (D) If the complainant has initiated, threatened, or given notice of the intent to initiate litigation against the local government entity or its employees. (2) The committee shall not direct the head of the law enforcement agency to alter or impose disciplinary action against an employee of the local law enforcement agency.
(1) The committee or its staff shall not review an investigation: (A) Concerning an incident that occurred prior to January 1, 2023; (B) Prior to the closure of an investigation by the internal affairs unit or of a criminal investigation; (C) While the complainant, the officer complained about, or a witness is actively engaged in pursuing a remedy provided by the rules and regulations of the civil service merit board of the local government entity; or (D) If the complainant has initiated, threatened, or given notice of the intent to initiate litigation against the local government entity or its employees.
(A) Concerning an incident that occurred prior to January 1, 2023;
(B) Prior to the closure of an investigation by the internal affairs unit or of a criminal investigation;
(C) While the complainant, the officer complained about, or a witness is actively engaged in pursuing a remedy provided by the rules and regulations of the civil service merit board of the local government entity; or
(D) If the complainant has initiated, threatened, or given notice of the intent to initiate litigation against the local government entity or its employees.
(2) The committee shall not direct the head of the law enforcement agency to alter or impose disciplinary action against an employee of the local law enforcement agency.
Amended by 2023 Tenn. Acts, ch. 454, s 2, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 523, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 523, s 1, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 64, s 43, eff. 3/29/2021.
Acts 2019, ch. 320, § 1.
Tenn. Code Ann. § 38-3-113 — TN Code / Title 38 / Chapter 3 / Section 38-3-113
Federal officer making arrest for nonfederal offenses - POST-certified law enforcement officer making arrest outside of officer's jurisdiction
Status: in_force

(a) A sworn federal law enforcement officer, who in official capacity is authorized by law to make arrests, shall, when making an arrest in this state for a nonfederal offense, have the same legal status and immunity from suit as a state or local law enforcement officer if the arrest is made under the following circumstances: (1) The officer reasonably believes that the person arrested has committed a felony in the officer's presence or is committing a felony in the officer's presence; (2) The officer reasonably believes the person arrested has committed a misdemeanor that amounts to a breach of the peace in the officer's presence or is committing such a misdemeanor in the officer's presence; or (3) The officer is rendering assistance to a law enforcement officer of this state in an emergency or at the request of the officer. (b) A POST-certified law enforcement officer in this state who is employed full-time by a county, municipality, or metropolitan form of government and authorized to make arrests shall, when making an arrest in this state for a crime that was committed outside of the law enforcement officer's jurisdiction, have the same legal status and immunity from suit as a state or local law enforcement officer making an arrest within the state or local law enforcement officer's jurisdiction if the arrest is made under the following circumstances: (1) The officer reasonably believes that the person arrested has committed a felony in the officer's presence or is committing a felony in the officer's presence; (2) The officer reasonably believes the person arrested has committed a misdemeanor that amounts to a breach of the peace in the officer's presence or is committing a misdemeanor that amounts to a breach of the peace in the officer's presence; or (3) The officer is rendering assistance to a law enforcement officer of this state in an emergency or at the request of the officer. Amended by 2021 Tenn. Acts, ch. 336, s 1, eff. 5/4/2021. Acts 1989, ch. 135, § 1.
(a) A sworn federal law enforcement officer, who in official capacity is authorized by law to make arrests, shall, when making an arrest in this state for a nonfederal offense, have the same legal status and immunity from suit as a state or local law enforcement officer if the arrest is made under the following circumstances: (1) The officer reasonably believes that the person arrested has committed a felony in the officer's presence or is committing a felony in the officer's presence; (2) The officer reasonably believes the person arrested has committed a misdemeanor that amounts to a breach of the peace in the officer's presence or is committing such a misdemeanor in the officer's presence; or (3) The officer is rendering assistance to a law enforcement officer of this state in an emergency or at the request of the officer.
(1) The officer reasonably believes that the person arrested has committed a felony in the officer's presence or is committing a felony in the officer's presence;
(2) The officer reasonably believes the person arrested has committed a misdemeanor that amounts to a breach of the peace in the officer's presence or is committing such a misdemeanor in the officer's presence; or
(3) The officer is rendering assistance to a law enforcement officer of this state in an emergency or at the request of the officer.
(b) A POST-certified law enforcement officer in this state who is employed full-time by a county, municipality, or metropolitan form of government and authorized to make arrests shall, when making an arrest in this state for a crime that was committed outside of the law enforcement officer's jurisdiction, have the same legal status and immunity from suit as a state or local law enforcement officer making an arrest within the state or local law enforcement officer's jurisdiction if the arrest is made under the following circumstances: (1) The officer reasonably believes that the person arrested has committed a felony in the officer's presence or is committing a felony in the officer's presence; (2) The officer reasonably believes the person arrested has committed a misdemeanor that amounts to a breach of the peace in the officer's presence or is committing a misdemeanor that amounts to a breach of the peace in the officer's presence; or (3) The officer is rendering assistance to a law enforcement officer of this state in an emergency or at the request of the officer.
(1) The officer reasonably believes that the person arrested has committed a felony in the officer's presence or is committing a felony in the officer's presence;
(2) The officer reasonably believes the person arrested has committed a misdemeanor that amounts to a breach of the peace in the officer's presence or is committing a misdemeanor that amounts to a breach of the peace in the officer's presence; or
(3) The officer is rendering assistance to a law enforcement officer of this state in an emergency or at the request of the officer.
Amended by 2021 Tenn. Acts, ch. 336, s 1, eff. 5/4/2021.
Acts 1989, ch. 135, § 1.
Tenn. Code Ann. § 38-8-123 — TN Code / Title 38 / Chapter 8 / Section 38-8-123
Determination of eligibility of retired officer to carry a firearm under federal law
Status: in_force

(a) The Tennessee POST commission shall determine a retired officer's eligibility to carry a firearm under federal law as provided in this section. (b) (1) In addition to the identification or certificate required by § 38-8-116(d) , the applicant shall be required to submit an application and two (2) full sets of classifiable fingerprints to the Tennessee POST commission. The applicant shall present photo identification at the time the application is submitted to the Tennessee POST commission. The commission shall not accept the application and fingerprints submitted by the applicant unless the photo identification presented accurately identifies the applicant and the name on the photo identification, the name on the application, and, if the applicant's fingerprints were taken by a sheriff as provided in subdivision (b)(2), the name on the fingerprint card, are the same. (2) The applicant's fingerprints may be taken by the Tennessee POST commission at the time the application is submitted or the applicant may have the fingerprints taken at any sheriff's office. If the applicant's fingerprints are taken by a sheriff, then the applicant shall be required to present photo identification at the time the fingerprints are taken. If the presented photo identification does not accurately identify the applicant, then the sheriff shall refuse to take the applicant's fingerprints. The sheriff may charge a fee not to exceed five dollars ($5.00) for taking the applicant's fingerprints. (c) (1) Upon receipt of an applicant's permit application and fingerprints, the Tennessee POST commission shall forward both sets of fingerprints to the Tennessee bureau of investigation (TBI). (2) Upon receipt of the fingerprints from the Tennessee POST commission, the TBI shall: (A) Within thirty (30) days from receipt of the fingerprints conduct: (i) Any computer search available to the bureau based solely upon the applicant's name, date of birth and social security number to determine the applicant's eligibility for a permit under subsection (a) and send the results of the searches to the Tennessee POST commission; (ii) A criminal history record check based upon one (1) set of the fingerprints received and send the results to the Tennessee POST commission; and (B) Within fifteen (15) days, send one (1) set of the fingerprints received to the federal bureau of investigation (FBI). The TBI shall request that the FBI conduct a federal criminal history record check based upon the fingerprints, as long as the service is available, and send the results of the check to the Tennessee POST commission. (d) (1) The Tennessee POST commission shall deny a permit application if it determines from information contained in the criminal history record checks conducted by the TBI and FBI pursuant to subdivision (c)(2), or from other information that comes to the attention of the Tennessee POST commission, that the applicant is not eligible to carry a firearm under federal law. The Tennessee POST commission shall not be required to confirm the applicant's eligibility for certification beyond the information received from the TBI and FBI, if any. (2) If the Tennessee POST commission denies an application, then the Tennessee POST commission shall notify the applicant in writing within ten (10) days of the denial. The written notice shall state the specific factual basis for the denial. It shall include a copy of any reports, records or inquiries reviewed or relied upon by the Tennessee POST commission. Acts 2011, ch. 413, § 3.
(a) The Tennessee POST commission shall determine a retired officer's eligibility to carry a firearm under federal law as provided in this section.
(b) (1) In addition to the identification or certificate required by § 38-8-116(d) , the applicant shall be required to submit an application and two (2) full sets of classifiable fingerprints to the Tennessee POST commission. The applicant shall present photo identification at the time the application is submitted to the Tennessee POST commission. The commission shall not accept the application and fingerprints submitted by the applicant unless the photo identification presented accurately identifies the applicant and the name on the photo identification, the name on the application, and, if the applicant's fingerprints were taken by a sheriff as provided in subdivision (b)(2), the name on the fingerprint card, are the same. (2) The applicant's fingerprints may be taken by the Tennessee POST commission at the time the application is submitted or the applicant may have the fingerprints taken at any sheriff's office. If the applicant's fingerprints are taken by a sheriff, then the applicant shall be required to present photo identification at the time the fingerprints are taken. If the presented photo identification does not accurately identify the applicant, then the sheriff shall refuse to take the applicant's fingerprints. The sheriff may charge a fee not to exceed five dollars ($5.00) for taking the applicant's fingerprints.
(1) In addition to the identification or certificate required by § 38-8-116(d) , the applicant shall be required to submit an application and two (2) full sets of classifiable fingerprints to the Tennessee POST commission. The applicant shall present photo identification at the time the application is submitted to the Tennessee POST commission. The commission shall not accept the application and fingerprints submitted by the applicant unless the photo identification presented accurately identifies the applicant and the name on the photo identification, the name on the application, and, if the applicant's fingerprints were taken by a sheriff as provided in subdivision (b)(2), the name on the fingerprint card, are the same.
(2) The applicant's fingerprints may be taken by the Tennessee POST commission at the time the application is submitted or the applicant may have the fingerprints taken at any sheriff's office. If the applicant's fingerprints are taken by a sheriff, then the applicant shall be required to present photo identification at the time the fingerprints are taken. If the presented photo identification does not accurately identify the applicant, then the sheriff shall refuse to take the applicant's fingerprints. The sheriff may charge a fee not to exceed five dollars ($5.00) for taking the applicant's fingerprints.
(c) (1) Upon receipt of an applicant's permit application and fingerprints, the Tennessee POST commission shall forward both sets of fingerprints to the Tennessee bureau of investigation (TBI). (2) Upon receipt of the fingerprints from the Tennessee POST commission, the TBI shall: (A) Within thirty (30) days from receipt of the fingerprints conduct: (i) Any computer search available to the bureau based solely upon the applicant's name, date of birth and social security number to determine the applicant's eligibility for a permit under subsection (a) and send the results of the searches to the Tennessee POST commission; (ii) A criminal history record check based upon one (1) set of the fingerprints received and send the results to the Tennessee POST commission; and (B) Within fifteen (15) days, send one (1) set of the fingerprints received to the federal bureau of investigation (FBI). The TBI shall request that the FBI conduct a federal criminal history record check based upon the fingerprints, as long as the service is available, and send the results of the check to the Tennessee POST commission.
(1) Upon receipt of an applicant's permit application and fingerprints, the Tennessee POST commission shall forward both sets of fingerprints to the Tennessee bureau of investigation (TBI).
(2) Upon receipt of the fingerprints from the Tennessee POST commission, the TBI shall: (A) Within thirty (30) days from receipt of the fingerprints conduct: (i) Any computer search available to the bureau based solely upon the applicant's name, date of birth and social security number to determine the applicant's eligibility for a permit under subsection (a) and send the results of the searches to the Tennessee POST commission; (ii) A criminal history record check based upon one (1) set of the fingerprints received and send the results to the Tennessee POST commission; and (B) Within fifteen (15) days, send one (1) set of the fingerprints received to the federal bureau of investigation (FBI). The TBI shall request that the FBI conduct a federal criminal history record check based upon the fingerprints, as long as the service is available, and send the results of the check to the Tennessee POST commission.
(A) Within thirty (30) days from receipt of the fingerprints conduct: (i) Any computer search available to the bureau based solely upon the applicant's name, date of birth and social security number to determine the applicant's eligibility for a permit under subsection (a) and send the results of the searches to the Tennessee POST commission; (ii) A criminal history record check based upon one (1) set of the fingerprints received and send the results to the Tennessee POST commission; and
(i) Any computer search available to the bureau based solely upon the applicant's name, date of birth and social security number to determine the applicant's eligibility for a permit under subsection (a) and send the results of the searches to the Tennessee POST commission;
(ii) A criminal history record check based upon one (1) set of the fingerprints received and send the results to the Tennessee POST commission; and
(B) Within fifteen (15) days, send one (1) set of the fingerprints received to the federal bureau of investigation (FBI). The TBI shall request that the FBI conduct a federal criminal history record check based upon the fingerprints, as long as the service is available, and send the results of the check to the Tennessee POST commission.
(d) (1) The Tennessee POST commission shall deny a permit application if it determines from information contained in the criminal history record checks conducted by the TBI and FBI pursuant to subdivision (c)(2), or from other information that comes to the attention of the Tennessee POST commission, that the applicant is not eligible to carry a firearm under federal law. The Tennessee POST commission shall not be required to confirm the applicant's eligibility for certification beyond the information received from the TBI and FBI, if any. (2) If the Tennessee POST commission denies an application, then the Tennessee POST commission shall notify the applicant in writing within ten (10) days of the denial. The written notice shall state the specific factual basis for the denial. It shall include a copy of any reports, records or inquiries reviewed or relied upon by the Tennessee POST commission.
(1) The Tennessee POST commission shall deny a permit application if it determines from information contained in the criminal history record checks conducted by the TBI and FBI pursuant to subdivision (c)(2), or from other information that comes to the attention of the Tennessee POST commission, that the applicant is not eligible to carry a firearm under federal law. The Tennessee POST commission shall not be required to confirm the applicant's eligibility for certification beyond the information received from the TBI and FBI, if any.
(2) If the Tennessee POST commission denies an application, then the Tennessee POST commission shall notify the applicant in writing within ten (10) days of the denial. The written notice shall state the specific factual basis for the denial. It shall include a copy of any reports, records or inquiries reviewed or relied upon by the Tennessee POST commission.
Acts 2011, ch. 413, § 3.
Tenn. Code Ann. § 38-8-107 — TN Code / Title 38 / Chapter 8 / Section 38-8-107
Certification of officers - In-service training by employing agency - Decertification check
Status: in_force

(a) The commission shall issue a certificate of compliance to any person who meets the qualifications for employment and satisfactorily completes an approved recruit training program. All officers employed on and after July 1, 2017, must: (1) Enroll in an approved recruit training program within six (6) months of their date of employment; (2) Successfully complete an approved recruit training program as required by this part; and (3) Successfully complete an annual in-service training session appropriate for their rank and responsibilities. (b) Failure of an individual officer to successfully complete the in-service training requirement will result in the officer's loss of eligibility for the pay supplement in § 38-8-111 . Failure of this individual officer to successfully complete another in-service training session within one (1) year will result in loss of certification. Each employing agency participating in the commission's training program must file a letter of intent with the commission stating its commitment to mandatory training for all law enforcement officers. Failure of several officers from one (1) employing agency shall be cause for the commission to examine that agency's training policy and may result in the agency's being declared out of compliance with state standards and thereby not eligible to participate in the commission's training programs at no cost. Any travel expense shall be borne by the employing agency. (c) The commission must evaluate the qualifications of a person certified as a law enforcement officer in another state by reviewing the person's training in the other state, practical experience in law enforcement, and education. After evaluating the person's training, experience, and education, the commission may issue a certificate if the person has satisfactorily complied with all other requirements of this chapter. (d) The commission shall also issue a certificate of compliance to any person employed as a campus police officer or public safety officer; provided, that the person meets the qualifications for employment as a police officer and satisfactorily completes an approved recruit training program as required by this part. To retain such certification, the campus police officer or public safety officer shall also successfully complete an annual in-service training session appropriate for the officer's rank and responsibilities. (e) The commission shall also issue a certificate of compliance to any person seeking to be commissioned as a railroad police officer pursuant to § 65-6-133 ; provided, that the person meets the qualifications for employment as a police officer and satisfactorily completes an approved recruit training program as required by this part. To retain this certification, the railroad police officer shall also successfully complete an annual in-service training session appropriate for the officer's rank and responsibilities. (f) The commission shall not issue a certificate or otherwise certify a person who is decertified in another state if the person's decertification is the result of criminal or other misconduct. Prior to requesting certification for a person, an employing agency must complete a check of the National Decertification Index, or other database, as part of a thorough investigation conducted by the employing agency. Amended by 2023 Tenn. Acts, ch. 27, Secs.s 1, s 2 eff. 3/10/2023. Amended by 2017 Tenn. Acts, ch. 151, s 3, eff. 7/1/2017. Acts 1981, ch. 455, § 7; T.C.A., § 38-11-107; Acts 1983, ch. 270, §§ 7, 8; 1990, ch. 1094, § 3; 1993, ch. 374, § 3; 2002, ch. 795, § 1; 2009 , ch. 190, § 2; 2009 , ch. 372, § 2.
(a) The commission shall issue a certificate of compliance to any person who meets the qualifications for employment and satisfactorily completes an approved recruit training program. All officers employed on and after July 1, 2017, must: (1) Enroll in an approved recruit training program within six (6) months of their date of employment; (2) Successfully complete an approved recruit training program as required by this part; and (3) Successfully complete an annual in-service training session appropriate for their rank and responsibilities.
(1) Enroll in an approved recruit training program within six (6) months of their date of employment;
(2) Successfully complete an approved recruit training program as required by this part; and
(3) Successfully complete an annual in-service training session appropriate for their rank and responsibilities.
(b) Failure of an individual officer to successfully complete the in-service training requirement will result in the officer's loss of eligibility for the pay supplement in § 38-8-111 . Failure of this individual officer to successfully complete another in-service training session within one (1) year will result in loss of certification. Each employing agency participating in the commission's training program must file a letter of intent with the commission stating its commitment to mandatory training for all law enforcement officers. Failure of several officers from one (1) employing agency shall be cause for the commission to examine that agency's training policy and may result in the agency's being declared out of compliance with state standards and thereby not eligible to participate in the commission's training programs at no cost. Any travel expense shall be borne by the employing agency.
(c) The commission must evaluate the qualifications of a person certified as a law enforcement officer in another state by reviewing the person's training in the other state, practical experience in law enforcement, and education. After evaluating the person's training, experience, and education, the commission may issue a certificate if the person has satisfactorily complied with all other requirements of this chapter.
(d) The commission shall also issue a certificate of compliance to any person employed as a campus police officer or public safety officer; provided, that the person meets the qualifications for employment as a police officer and satisfactorily completes an approved recruit training program as required by this part. To retain such certification, the campus police officer or public safety officer shall also successfully complete an annual in-service training session appropriate for the officer's rank and responsibilities.
(e) The commission shall also issue a certificate of compliance to any person seeking to be commissioned as a railroad police officer pursuant to § 65-6-133 ; provided, that the person meets the qualifications for employment as a police officer and satisfactorily completes an approved recruit training program as required by this part. To retain this certification, the railroad police officer shall also successfully complete an annual in-service training session appropriate for the officer's rank and responsibilities.
(f) The commission shall not issue a certificate or otherwise certify a person who is decertified in another state if the person's decertification is the result of criminal or other misconduct. Prior to requesting certification for a person, an employing agency must complete a check of the National Decertification Index, or other database, as part of a thorough investigation conducted by the employing agency.
Amended by 2023 Tenn. Acts, ch. 27, Secs.s 1, s 2 eff. 3/10/2023.
Amended by 2017 Tenn. Acts, ch. 151, s 3, eff. 7/1/2017.
Acts 1981, ch. 455, § 7; T.C.A., § 38-11-107; Acts 1983, ch. 270, §§ 7, 8; 1990, ch. 1094, § 3; 1993, ch. 374, § 3; 2002, ch. 795, § 1; 2009 , ch. 190, § 2; 2009 , ch. 372, § 2.
Tenn. Code Ann. § 38-1-503 — TN Code / Title 38 / Chapter 1 / Section 38-1-503
Adoption of written policy prohibiting racial profiling
Status: in_force

Each law enforcement agency shall adopt a written policy that prohibits racial profiling by its employees. Each agency shall adopt its written policy on or before January 1, 2016. Added by 2015 Tenn. Acts, ch. 335,s 1, eff. 5/4/2015.
Each law enforcement agency shall adopt a written policy that prohibits racial profiling by its employees. Each agency shall adopt its written policy on or before January 1, 2016.
Added by 2015 Tenn. Acts, ch. 335,s 1, eff. 5/4/2015.
Tenn. Code Ann. § 38-9-101 — TN Code / Title 38 / Chapter 9 / Section 38-9-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Chief administrative officer" means the mayor of any municipality incorporated under the general law pursuant to title 6, chapter 1, part 2, or of any metropolitan government as chartered pursuant to title 7, chapter 1; and the city manager of any municipality incorporated pursuant to title 6, chapter 18, or of any municipality incorporated pursuant to title 6, chapter 30. In the case of other municipalities the chief administrative officer shall be the city manager or if there be none, the mayor. Any municipality, however, may by ordinance, specially designate any official as chief administrative officer for purposes of this chapter; (2) "Civil emergency" means: (A) A riot or unlawful assembly characterized by the use of actual force or violence or a threat to use force, if accompanied by the immediate power to execute, by three (3) or more persons acting together without authority of law; (B) Any natural disaster or man-made calamity, including, but not limited to, flood, conflagration, cyclone, tornado, earthquake or explosion within the geographic limits of a municipality resulting in the death or injury of persons, or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare; and (C) The destruction of property, or the death or injury of persons brought about by the deliberate acts of one (1) or more persons acting either alone or in concert with others, when such acts are a threat to the peace of the general public or any segment of the general public; (3) "Curfew" means a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the municipality, except persons officially designated to duty with reference to the civil emergency, or those lawfully on the streets as defined in this chapter; and (4) "Substitute officer" means an official who shall act in the absence or inability to act of the chief administrative officer as provided in this chapter. Each municipality shall by ordinance designate a "substitute officer" for the purpose of this chapter. Acts 1968, ch. 485, § 1; 1971, ch. 57, § 1; T.C.A., § 38-901.
As used in this chapter, unless the context otherwise requires:
(1) "Chief administrative officer" means the mayor of any municipality incorporated under the general law pursuant to title 6, chapter 1, part 2, or of any metropolitan government as chartered pursuant to title 7, chapter 1; and the city manager of any municipality incorporated pursuant to title 6, chapter 18, or of any municipality incorporated pursuant to title 6, chapter 30. In the case of other municipalities the chief administrative officer shall be the city manager or if there be none, the mayor. Any municipality, however, may by ordinance, specially designate any official as chief administrative officer for purposes of this chapter;
(2) "Civil emergency" means: (A) A riot or unlawful assembly characterized by the use of actual force or violence or a threat to use force, if accompanied by the immediate power to execute, by three (3) or more persons acting together without authority of law; (B) Any natural disaster or man-made calamity, including, but not limited to, flood, conflagration, cyclone, tornado, earthquake or explosion within the geographic limits of a municipality resulting in the death or injury of persons, or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare; and (C) The destruction of property, or the death or injury of persons brought about by the deliberate acts of one (1) or more persons acting either alone or in concert with others, when such acts are a threat to the peace of the general public or any segment of the general public;
(A) A riot or unlawful assembly characterized by the use of actual force or violence or a threat to use force, if accompanied by the immediate power to execute, by three (3) or more persons acting together without authority of law;
(B) Any natural disaster or man-made calamity, including, but not limited to, flood, conflagration, cyclone, tornado, earthquake or explosion within the geographic limits of a municipality resulting in the death or injury of persons, or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare; and
(C) The destruction of property, or the death or injury of persons brought about by the deliberate acts of one (1) or more persons acting either alone or in concert with others, when such acts are a threat to the peace of the general public or any segment of the general public;
(3) "Curfew" means a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the municipality, except persons officially designated to duty with reference to the civil emergency, or those lawfully on the streets as defined in this chapter; and
(4) "Substitute officer" means an official who shall act in the absence or inability to act of the chief administrative officer as provided in this chapter. Each municipality shall by ordinance designate a "substitute officer" for the purpose of this chapter.
Acts 1968, ch. 485, § 1; 1971, ch. 57, § 1; T.C.A., § 38-901.
Tenn. Code Ann. § 38-8-116 — TN Code / Title 38 / Chapter 8 / Section 38-8-116
Law enforcement shooting ranges - Methods for retired law enforcement officer to meet annual requirements to carry firearm shipped or transported in interstate or foreign commerce - Maintenance of a list of approved certified firearms instructors
Status: in_force

(a) All law enforcement agencies are allowed to open their shooting ranges for public use when such ranges are not being used by law enforcement personnel. The law enforcement agency in charge of a shooting range may establish reasonable regulations for the use of the firing range in order to promote the full use of the range without interfering with the needs of law enforcement personnel. The law enforcement agency may also charge a reasonable fee for persons or organizations using the range and may require users to make improvements to the range. (b) A law enforcement officer acting as an individual and not as an employee, agent or on behalf of any governmental entity who has retired in good standing, as determined solely by the chief law enforcement officer of the retired officer's law enforcement agency, may utilize any one (1) of the following methods to meet the annual requirements to carry a firearm that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as authorized for an active law enforcement officer to carry a firearm of the same type: (1) Obtaining a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one (1) year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; (2) Meeting the standards established by the Tennessee peace officer standards and training (POST) commission for qualification for active law enforcement officers to carry a firearm of the same type by qualifying at and obtaining such an annual certification directly from the Tennessee POST commission; or (3) Upon payment of any customary associated fees, utilize a private shooting range and engage the services of a certified firearms instructor to provide the training and verify that the retired law enforcement officer has met the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type. The certified firearms instructor is authorized to issue a certificate indicating that the retired law enforcement officer has met the applicable standards. (c) (1) (A) For purposes of this subsection (c), "retired law enforcement officer" means a retired law enforcement officer, as described in subsection (b), or a retired correctional officer previously employed by the department of correction or a retired inmate relations coordinator previously employed by the department of correction. (B) A retired law enforcement officer may become certified to carry a firearm within this state that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as authorized for an active law enforcement officer. (2) To become certified pursuant to this subsection (c) for the first time, a retired officer may utilize any of the methods set out in subsection (b) to meet the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type. (3) (A) To complete the criminal history background check requirement for certification, a retired officer shall go to the sheriff in the county where the officer resides to have fingerprints taken. The officer shall be required to present photo identification at the time the fingerprints are taken. If the presented photo identification does not accurately identify the officer, then the sheriff shall refuse to take the officer's fingerprints. The sheriff may charge a fee not to exceed six dollars ($6.00) for taking the officer's fingerprints and sending two (2) copies of the same to the Tennessee POST commission. (B) At the time an officer submits an application to be filed with the Tennessee POST commission, the officer shall present photo identification; if the name on the photo identification and the name on the application are not the same, the Tennessee POST commission shall refuse to accept the application. If the person whose picture appears on the photo identification is not the same as the officer, the Tennessee POST commission shall refuse to accept the application. (4) Upon receipt of the two (2) copies of an officer's fingerprints from a county sheriff's office, the Tennessee POST commission shall send the fingerprints of the officer and the application filed by the officer to the Tennessee bureau of investigation (TBI). (5) Upon receipt of the fingerprints from the Tennessee POST commission, the TBI shall: (A) Within thirty (30) days from receipt of the fingerprints, conduct computer searches to determine the officer's eligibility for a permit under subsection (c) as are available to the bureau based solely upon the applicant's name, date of birth and social security number and send the results of the searches to the Tennessee POST commission; (B) Conduct a criminal history record check based upon one (1) set of the fingerprints received and send the results to the Tennessee POST commission; and (C) Send one (1) set of the fingerprints received from the Tennessee POST commission to the federal bureau of investigation (FBI), request a federal criminal history record check based upon the fingerprints, as long as the service is available, and send the results of the check to the Tennessee POST commission. (6) (A) The Tennessee POST commission shall deny a permit application if it determines from information contained in the criminal history record checks conducted by the TBI and FBI pursuant to subdivision (c)(5), or from other information, that the applicant: (i) Is prohibited from purchasing or possessing a firearm in this state pursuant to § 39-17-1316 , § 39-17-1307(b) or (c) , 18 U.S.C. § 922(g) , or any other state or federal law, or is prohibited from obtaining a handgun carry permit pursuant to § 39-17-1351 or § 39-17-1366 ; or (ii) Has been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within ten (10) years from the date of the application and at least one (1) of the convictions has occurred within five (5) years from the date of application or renewal. (B) The Tennessee POST commission shall not be required to confirm the officer's eligibility for certification beyond the information received from the TBI and FBI, if any. (7) Certification of a retired officer under this section shall be valid for a period of four (4) years from the date the Tennessee POST commission issues the officer's certification under this subsection (c). (8) For a retired officer to recertify under this subsection (c) upon the expiration of the initial certification, the officer shall only be required to undergo the criminal history background check portion of the certification process. No fewer than ninety (90) days prior to the expiration of the officer's initial certification under this subsection (c), the officer shall undergo a criminal history background check in accordance with the procedure set out in subdivisions (c)(3)-(5). (9) Because the certification requirements of this subsection (c) do not meet the requirements of 18 U.S.C. § 926C(d) , a retired officer certified under this subsection (c) is not permitted to carry a firearm outside this state unless otherwise authorized to do so with a handgun carry permit issued pursuant to § 39-17-1351 . (10) If the provisions of 18 U.S.C. § 926C(d) , or any other provision of federal law change to permit an officer certified under this section to carry a firearm outside this state, such officer shall be permitted to carry a firearm as permitted by federal law. (d) The Tennessee POST commission shall maintain a list of approved certified firearms instructors, which may include any instructor utilized by a person to receive a handgun carry permit under § 39-17-1351 , that it considers qualified to train and verify that a retired law enforcement officer has met the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type. (e) A retired officer may bring the certificate issued by the certified firearms instructor pursuant to subdivision (b)(3) to the Tennessee POST commission. If the certificate was issued by an instructor who is on the POST commission's approved list and the commission determines, in the manner prescribed in § 38-8-123 , that the applicant is eligible to carry a firearm under federal law, the commission shall issue the officer a certification that the officer has met the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type. A certificate so issued by the Tennessee POST commission shall be considered a certification issued by the state for purposes of 18 U.S.C. § 926C(d)(2)(B) . A certificate issued to a retired officer pursuant to this subsection (e) shall be automatically revoked by operation of law upon the officer becoming ineligible to carry a firearm under federal law. (f) The Tennessee POST commission is authorized to establish and charge a fee for issuing a certification under this section. (g) (1) If a retired law enforcement officer who has been certified to carry a firearm pursuant to this section is arrested and charged with a violation of § 55-10-401 and the officer has one (1) or more prior convictions for the same offense within the last ten (10) years, then the court first having jurisdiction over the officer with respect to the charge shall order the officer to surrender the certificate and send the certificate to the certifying agency with a copy of the court's order that required the surrender of the certificate, unless the officer petitions the court for a hearing on the surrender. (2) If the officer does petition the court for a hearing, the court shall determine whether the officer will present a material risk of physical harm to the public if released and allowed to retain the certificate. If the court determines that the officer will present a material risk of physical harm to the public, it shall condition the release of the officer, whether on bond or otherwise, upon the officer's surrender of the certificate to the court. The certifying agency shall suspend the certificate pending a final disposition on the charge against the officer. (3) If the officer is not convicted of the charge or charges, the certificate shall be restored and returned to the officer and the temporary prohibition against the carrying of a firearm as a law enforcement officer shall be lifted. (4) If the officer is convicted of the charge or charges, the certificate shall be revoked by the court and the revocation shall be noted in the judgment and minutes of the court. The court shall send the surrendered certificate to the issuing agency. Amended by 2019 Tenn. Acts, ch. 479, s 14, eff. 1/1/2020. Amended by 2016 Tenn. Acts, ch. 1054, s 2, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 1054, s 1, eff. 7/1/2016. Acts 2004, ch. 865, § 1; 2009 , ch. 430, § 1; 2011 , ch. 363, § 1; 2011 , ch. 413, §§ 1, 2; 2012 , ch. 783, § 1.
(a) All law enforcement agencies are allowed to open their shooting ranges for public use when such ranges are not being used by law enforcement personnel. The law enforcement agency in charge of a shooting range may establish reasonable regulations for the use of the firing range in order to promote the full use of the range without interfering with the needs of law enforcement personnel. The law enforcement agency may also charge a reasonable fee for persons or organizations using the range and may require users to make improvements to the range.
(b) A law enforcement officer acting as an individual and not as an employee, agent or on behalf of any governmental entity who has retired in good standing, as determined solely by the chief law enforcement officer of the retired officer's law enforcement agency, may utilize any one (1) of the following methods to meet the annual requirements to carry a firearm that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as authorized for an active law enforcement officer to carry a firearm of the same type: (1) Obtaining a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one (1) year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; (2) Meeting the standards established by the Tennessee peace officer standards and training (POST) commission for qualification for active law enforcement officers to carry a firearm of the same type by qualifying at and obtaining such an annual certification directly from the Tennessee POST commission; or (3) Upon payment of any customary associated fees, utilize a private shooting range and engage the services of a certified firearms instructor to provide the training and verify that the retired law enforcement officer has met the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type. The certified firearms instructor is authorized to issue a certificate indicating that the retired law enforcement officer has met the applicable standards.
(1) Obtaining a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one (1) year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm;
(2) Meeting the standards established by the Tennessee peace officer standards and training (POST) commission for qualification for active law enforcement officers to carry a firearm of the same type by qualifying at and obtaining such an annual certification directly from the Tennessee POST commission; or
(3) Upon payment of any customary associated fees, utilize a private shooting range and engage the services of a certified firearms instructor to provide the training and verify that the retired law enforcement officer has met the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type. The certified firearms instructor is authorized to issue a certificate indicating that the retired law enforcement officer has met the applicable standards.
(c) (1) (A) For purposes of this subsection (c), "retired law enforcement officer" means a retired law enforcement officer, as described in subsection (b), or a retired correctional officer previously employed by the department of correction or a retired inmate relations coordinator previously employed by the department of correction. (B) A retired law enforcement officer may become certified to carry a firearm within this state that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as authorized for an active law enforcement officer. (2) To become certified pursuant to this subsection (c) for the first time, a retired officer may utilize any of the methods set out in subsection (b) to meet the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type. (3) (A) To complete the criminal history background check requirement for certification, a retired officer shall go to the sheriff in the county where the officer resides to have fingerprints taken. The officer shall be required to present photo identification at the time the fingerprints are taken. If the presented photo identification does not accurately identify the officer, then the sheriff shall refuse to take the officer's fingerprints. The sheriff may charge a fee not to exceed six dollars ($6.00) for taking the officer's fingerprints and sending two (2) copies of the same to the Tennessee POST commission. (B) At the time an officer submits an application to be filed with the Tennessee POST commission, the officer shall present photo identification; if the name on the photo identification and the name on the application are not the same, the Tennessee POST commission shall refuse to accept the application. If the person whose picture appears on the photo identification is not the same as the officer, the Tennessee POST commission shall refuse to accept the application. (4) Upon receipt of the two (2) copies of an officer's fingerprints from a county sheriff's office, the Tennessee POST commission shall send the fingerprints of the officer and the application filed by the officer to the Tennessee bureau of investigation (TBI). (5) Upon receipt of the fingerprints from the Tennessee POST commission, the TBI shall: (A) Within thirty (30) days from receipt of the fingerprints, conduct computer searches to determine the officer's eligibility for a permit under subsection (c) as are available to the bureau based solely upon the applicant's name, date of birth and social security number and send the results of the searches to the Tennessee POST commission; (B) Conduct a criminal history record check based upon one (1) set of the fingerprints received and send the results to the Tennessee POST commission; and (C) Send one (1) set of the fingerprints received from the Tennessee POST commission to the federal bureau of investigation (FBI), request a federal criminal history record check based upon the fingerprints, as long as the service is available, and send the results of the check to the Tennessee POST commission. (6) (A) The Tennessee POST commission shall deny a permit application if it determines from information contained in the criminal history record checks conducted by the TBI and FBI pursuant to subdivision (c)(5), or from other information, that the applicant: (i) Is prohibited from purchasing or possessing a firearm in this state pursuant to § 39-17-1316 , § 39-17-1307(b) or (c) , 18 U.S.C. § 922(g) , or any other state or federal law, or is prohibited from obtaining a handgun carry permit pursuant to § 39-17-1351 or § 39-17-1366 ; or (ii) Has been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within ten (10) years from the date of the application and at least one (1) of the convictions has occurred within five (5) years from the date of application or renewal. (B) The Tennessee POST commission shall not be required to confirm the officer's eligibility for certification beyond the information received from the TBI and FBI, if any. (7) Certification of a retired officer under this section shall be valid for a period of four (4) years from the date the Tennessee POST commission issues the officer's certification under this subsection (c). (8) For a retired officer to recertify under this subsection (c) upon the expiration of the initial certification, the officer shall only be required to undergo the criminal history background check portion of the certification process. No fewer than ninety (90) days prior to the expiration of the officer's initial certification under this subsection (c), the officer shall undergo a criminal history background check in accordance with the procedure set out in subdivisions (c)(3)-(5). (9) Because the certification requirements of this subsection (c) do not meet the requirements of 18 U.S.C. § 926C(d) , a retired officer certified under this subsection (c) is not permitted to carry a firearm outside this state unless otherwise authorized to do so with a handgun carry permit issued pursuant to § 39-17-1351 . (10) If the provisions of 18 U.S.C. § 926C(d) , or any other provision of federal law change to permit an officer certified under this section to carry a firearm outside this state, such officer shall be permitted to carry a firearm as permitted by federal law.
(1) (A) For purposes of this subsection (c), "retired law enforcement officer" means a retired law enforcement officer, as described in subsection (b), or a retired correctional officer previously employed by the department of correction or a retired inmate relations coordinator previously employed by the department of correction. (B) A retired law enforcement officer may become certified to carry a firearm within this state that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as authorized for an active law enforcement officer.
(A) For purposes of this subsection (c), "retired law enforcement officer" means a retired law enforcement officer, as described in subsection (b), or a retired correctional officer previously employed by the department of correction or a retired inmate relations coordinator previously employed by the department of correction.
(B) A retired law enforcement officer may become certified to carry a firearm within this state that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as authorized for an active law enforcement officer.
(2) To become certified pursuant to this subsection (c) for the first time, a retired officer may utilize any of the methods set out in subsection (b) to meet the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type.
(3) (A) To complete the criminal history background check requirement for certification, a retired officer shall go to the sheriff in the county where the officer resides to have fingerprints taken. The officer shall be required to present photo identification at the time the fingerprints are taken. If the presented photo identification does not accurately identify the officer, then the sheriff shall refuse to take the officer's fingerprints. The sheriff may charge a fee not to exceed six dollars ($6.00) for taking the officer's fingerprints and sending two (2) copies of the same to the Tennessee POST commission. (B) At the time an officer submits an application to be filed with the Tennessee POST commission, the officer shall present photo identification; if the name on the photo identification and the name on the application are not the same, the Tennessee POST commission shall refuse to accept the application. If the person whose picture appears on the photo identification is not the same as the officer, the Tennessee POST commission shall refuse to accept the application.
(A) To complete the criminal history background check requirement for certification, a retired officer shall go to the sheriff in the county where the officer resides to have fingerprints taken. The officer shall be required to present photo identification at the time the fingerprints are taken. If the presented photo identification does not accurately identify the officer, then the sheriff shall refuse to take the officer's fingerprints. The sheriff may charge a fee not to exceed six dollars ($6.00) for taking the officer's fingerprints and sending two (2) copies of the same to the Tennessee POST commission.
(B) At the time an officer submits an application to be filed with the Tennessee POST commission, the officer shall present photo identification; if the name on the photo identification and the name on the application are not the same, the Tennessee POST commission shall refuse to accept the application. If the person whose picture appears on the photo identification is not the same as the officer, the Tennessee POST commission shall refuse to accept the application.
(4) Upon receipt of the two (2) copies of an officer's fingerprints from a county sheriff's office, the Tennessee POST commission shall send the fingerprints of the officer and the application filed by the officer to the Tennessee bureau of investigation (TBI).
(5) Upon receipt of the fingerprints from the Tennessee POST commission, the TBI shall: (A) Within thirty (30) days from receipt of the fingerprints, conduct computer searches to determine the officer's eligibility for a permit under subsection (c) as are available to the bureau based solely upon the applicant's name, date of birth and social security number and send the results of the searches to the Tennessee POST commission; (B) Conduct a criminal history record check based upon one (1) set of the fingerprints received and send the results to the Tennessee POST commission; and (C) Send one (1) set of the fingerprints received from the Tennessee POST commission to the federal bureau of investigation (FBI), request a federal criminal history record check based upon the fingerprints, as long as the service is available, and send the results of the check to the Tennessee POST commission.
(A) Within thirty (30) days from receipt of the fingerprints, conduct computer searches to determine the officer's eligibility for a permit under subsection (c) as are available to the bureau based solely upon the applicant's name, date of birth and social security number and send the results of the searches to the Tennessee POST commission;
(B) Conduct a criminal history record check based upon one (1) set of the fingerprints received and send the results to the Tennessee POST commission; and
(C) Send one (1) set of the fingerprints received from the Tennessee POST commission to the federal bureau of investigation (FBI), request a federal criminal history record check based upon the fingerprints, as long as the service is available, and send the results of the check to the Tennessee POST commission.
(6) (A) The Tennessee POST commission shall deny a permit application if it determines from information contained in the criminal history record checks conducted by the TBI and FBI pursuant to subdivision (c)(5), or from other information, that the applicant: (i) Is prohibited from purchasing or possessing a firearm in this state pursuant to § 39-17-1316 , § 39-17-1307(b) or (c) , 18 U.S.C. § 922(g) , or any other state or federal law, or is prohibited from obtaining a handgun carry permit pursuant to § 39-17-1351 or § 39-17-1366 ; or (ii) Has been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within ten (10) years from the date of the application and at least one (1) of the convictions has occurred within five (5) years from the date of application or renewal. (B) The Tennessee POST commission shall not be required to confirm the officer's eligibility for certification beyond the information received from the TBI and FBI, if any.
(A) The Tennessee POST commission shall deny a permit application if it determines from information contained in the criminal history record checks conducted by the TBI and FBI pursuant to subdivision (c)(5), or from other information, that the applicant: (i) Is prohibited from purchasing or possessing a firearm in this state pursuant to § 39-17-1316 , § 39-17-1307(b) or (c) , 18 U.S.C. § 922(g) , or any other state or federal law, or is prohibited from obtaining a handgun carry permit pursuant to § 39-17-1351 or § 39-17-1366 ; or (ii) Has been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within ten (10) years from the date of the application and at least one (1) of the convictions has occurred within five (5) years from the date of application or renewal.
(i) Is prohibited from purchasing or possessing a firearm in this state pursuant to § 39-17-1316 , § 39-17-1307(b) or (c) , 18 U.S.C. § 922(g) , or any other state or federal law, or is prohibited from obtaining a handgun carry permit pursuant to § 39-17-1351 or § 39-17-1366 ; or
(ii) Has been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within ten (10) years from the date of the application and at least one (1) of the convictions has occurred within five (5) years from the date of application or renewal.
(B) The Tennessee POST commission shall not be required to confirm the officer's eligibility for certification beyond the information received from the TBI and FBI, if any.
(7) Certification of a retired officer under this section shall be valid for a period of four (4) years from the date the Tennessee POST commission issues the officer's certification under this subsection (c).
(8) For a retired officer to recertify under this subsection (c) upon the expiration of the initial certification, the officer shall only be required to undergo the criminal history background check portion of the certification process. No fewer than ninety (90) days prior to the expiration of the officer's initial certification under this subsection (c), the officer shall undergo a criminal history background check in accordance with the procedure set out in subdivisions (c)(3)-(5).
(9) Because the certification requirements of this subsection (c) do not meet the requirements of 18 U.S.C. § 926C(d) , a retired officer certified under this subsection (c) is not permitted to carry a firearm outside this state unless otherwise authorized to do so with a handgun carry permit issued pursuant to § 39-17-1351 .
(10) If the provisions of 18 U.S.C. § 926C(d) , or any other provision of federal law change to permit an officer certified under this section to carry a firearm outside this state, such officer shall be permitted to carry a firearm as permitted by federal law.
(d) The Tennessee POST commission shall maintain a list of approved certified firearms instructors, which may include any instructor utilized by a person to receive a handgun carry permit under § 39-17-1351 , that it considers qualified to train and verify that a retired law enforcement officer has met the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type.
(e) A retired officer may bring the certificate issued by the certified firearms instructor pursuant to subdivision (b)(3) to the Tennessee POST commission. If the certificate was issued by an instructor who is on the POST commission's approved list and the commission determines, in the manner prescribed in § 38-8-123 , that the applicant is eligible to carry a firearm under federal law, the commission shall issue the officer a certification that the officer has met the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type. A certificate so issued by the Tennessee POST commission shall be considered a certification issued by the state for purposes of 18 U.S.C. § 926C(d)(2)(B) . A certificate issued to a retired officer pursuant to this subsection (e) shall be automatically revoked by operation of law upon the officer becoming ineligible to carry a firearm under federal law.
(f) The Tennessee POST commission is authorized to establish and charge a fee for issuing a certification under this section.
(g) (1) If a retired law enforcement officer who has been certified to carry a firearm pursuant to this section is arrested and charged with a violation of § 55-10-401 and the officer has one (1) or more prior convictions for the same offense within the last ten (10) years, then the court first having jurisdiction over the officer with respect to the charge shall order the officer to surrender the certificate and send the certificate to the certifying agency with a copy of the court's order that required the surrender of the certificate, unless the officer petitions the court for a hearing on the surrender. (2) If the officer does petition the court for a hearing, the court shall determine whether the officer will present a material risk of physical harm to the public if released and allowed to retain the certificate. If the court determines that the officer will present a material risk of physical harm to the public, it shall condition the release of the officer, whether on bond or otherwise, upon the officer's surrender of the certificate to the court. The certifying agency shall suspend the certificate pending a final disposition on the charge against the officer. (3) If the officer is not convicted of the charge or charges, the certificate shall be restored and returned to the officer and the temporary prohibition against the carrying of a firearm as a law enforcement officer shall be lifted. (4) If the officer is convicted of the charge or charges, the certificate shall be revoked by the court and the revocation shall be noted in the judgment and minutes of the court. The court shall send the surrendered certificate to the issuing agency.
(1) If a retired law enforcement officer who has been certified to carry a firearm pursuant to this section is arrested and charged with a violation of § 55-10-401 and the officer has one (1) or more prior convictions for the same offense within the last ten (10) years, then the court first having jurisdiction over the officer with respect to the charge shall order the officer to surrender the certificate and send the certificate to the certifying agency with a copy of the court's order that required the surrender of the certificate, unless the officer petitions the court for a hearing on the surrender.
(2) If the officer does petition the court for a hearing, the court shall determine whether the officer will present a material risk of physical harm to the public if released and allowed to retain the certificate. If the court determines that the officer will present a material risk of physical harm to the public, it shall condition the release of the officer, whether on bond or otherwise, upon the officer's surrender of the certificate to the court. The certifying agency shall suspend the certificate pending a final disposition on the charge against the officer.
(3) If the officer is not convicted of the charge or charges, the certificate shall be restored and returned to the officer and the temporary prohibition against the carrying of a firearm as a law enforcement officer shall be lifted.
(4) If the officer is convicted of the charge or charges, the certificate shall be revoked by the court and the revocation shall be noted in the judgment and minutes of the court. The court shall send the surrendered certificate to the issuing agency.
Amended by 2019 Tenn. Acts, ch. 479, s 14, eff. 1/1/2020.
Amended by 2016 Tenn. Acts, ch. 1054, s 2, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 1054, s 1, eff. 7/1/2016.
Acts 2004, ch. 865, § 1; 2009 , ch. 430, § 1; 2011 , ch. 363, § 1; 2011 , ch. 413, §§ 1, 2; 2012 , ch. 783, § 1.
Tenn. Code Ann. § 38-7-119 — TN Code / Title 38 / Chapter 7 / Section 38-7-119
Unauthorized video or audio recordings of autopsies
Status: in_force

(a) (1) Except as provided in subsection (c), it is an offense for the chief medical examiner, a county medical examiner, or pathologist designated pursuant to § 38-7-105 , or any agent or employee of the chief medical examiner, a county medical examiner, or pathologist, to contract with or grant authorization to an unauthorized person or an external entity to photograph, videotape, or otherwise capture visual images, or audio recordings in whatever form of a deceased human body, a human autopsy or a body immediately prior to, during or immediately following an autopsy. (2) No person shall distribute, publish or otherwise disseminate any autopsy photographs, videotape or other visual image or any autopsy audio recording without the written consent of the next of kin or personal representative in the order established pursuant to subdivision (c)(1)(A), unless such use is consistent with subdivision (c)(1)(B), (c)(1)(C) or (c)(1)(D). (b) Nothing in this section shall prevent the chief medical examiner, a county medical examiner, or pathologist designated pursuant to § 38-7-105 , or any agent or employee of the chief medical examiner, county medical examiner, or pathologist, from carrying out training efforts or such person's statutory responsibilities. (c) (1) A person is not considered "unauthorized" for purposes of subsection (a) if such person photographs, videotapes, or otherwise captures visual images, or audio recordings in whatever form of a deceased human body, human autopsy or a body immediately prior to, during or immediately following such an autopsy, if it is done with the express written consent or at the direction of: (A) The next-of-kin or personal representative of the deceased in the following order of priority: (i) Spouse; (ii) Any adult child; (iii) Parents; (iv) Any sibling; or (v) Administrator or executor, if appointed; (B) A law enforcement agency or district attorney general, for official use only; (C) A court order or subpoena; or (D) An attorney representing a defendant in a criminal case where the original photographs, images or records of the chief medical examiner, a county medical examiner, coroner or pathologist designated pursuant to § 38-7-105 are not available through discovery or are otherwise not sufficient for the defense of such defendant. (2) In determining whether the next-of-kin of the deceased is authorized to give consent, the chief medical examiner, county medical examiner, or pathologist designated pursuant to § 38-7-105 shall refer to the priority order in subdivision (c)(1)(A). If a next-of-kin higher on the priority lists consents, the lack of consent of any next-of-kin lower on the list is irrelevant. If a next-of-kin higher on the priority list refuses to give consent, consent by a next-of-kin lower on the list is also irrelevant. (d) A chief medical examiner, a county medical examiner, or pathologist designated pursuant to § 38-7-105 , or any agent or employee of a chief medical examiner, a county medical examiner, or pathologist, shall incur no criminal or civil liability for permitting a person to photograph, videotape, or otherwise capture visual images, or audio recordings in whatever form of a deceased human body or a human autopsy or a body immediately prior to, during or immediately following an autopsy as a result of the consent to such conduct given by the next-of-kin, if such official is presented with the written consent of a next-of-kin of the deceased who is higher on the priority list set out in subdivision (c)(1)(A) than any next-of-kin who does not consent. (e) To the extent that the chief medical examiner, a county medical examiner, or pathologist designated pursuant to § 38-7-105 , or any agent or employee of the chief medical examiner, county medical examiner, or pathologist, is a covered entity under the privacy regulations promulgated pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), nothing in this section shall be construed to preempt any provisions of those regulations that provide greater protection of the deceased's privacy than does this section. (f) (1) A violation of subdivision (a)(1) is a Class A misdemeanor punishable by fine only. (2) A violation of subdivision (a)(1) is a Class A misdemeanor punishable by fine or imprisonment if the chief medical examiner, a county medical examiner, coroner or pathologist, or an agent or employee of the chief medical examiner, a county medical examiner, coroner or pathologist, receives compensation or other thing of value as an inducement to violate this section. (3) A violation of subdivision (a)(2) is a Class A misdemeanor. Acts 2005, ch. 216, § 1; 2009, ch. 276, §§ 1, 2.
(a) (1) Except as provided in subsection (c), it is an offense for the chief medical examiner, a county medical examiner, or pathologist designated pursuant to § 38-7-105 , or any agent or employee of the chief medical examiner, a county medical examiner, or pathologist, to contract with or grant authorization to an unauthorized person or an external entity to photograph, videotape, or otherwise capture visual images, or audio recordings in whatever form of a deceased human body, a human autopsy or a body immediately prior to, during or immediately following an autopsy. (2) No person shall distribute, publish or otherwise disseminate any autopsy photographs, videotape or other visual image or any autopsy audio recording without the written consent of the next of kin or personal representative in the order established pursuant to subdivision (c)(1)(A), unless such use is consistent with subdivision (c)(1)(B), (c)(1)(C) or (c)(1)(D).
(1) Except as provided in subsection (c), it is an offense for the chief medical examiner, a county medical examiner, or pathologist designated pursuant to § 38-7-105 , or any agent or employee of the chief medical examiner, a county medical examiner, or pathologist, to contract with or grant authorization to an unauthorized person or an external entity to photograph, videotape, or otherwise capture visual images, or audio recordings in whatever form of a deceased human body, a human autopsy or a body immediately prior to, during or immediately following an autopsy.
(2) No person shall distribute, publish or otherwise disseminate any autopsy photographs, videotape or other visual image or any autopsy audio recording without the written consent of the next of kin or personal representative in the order established pursuant to subdivision (c)(1)(A), unless such use is consistent with subdivision (c)(1)(B), (c)(1)(C) or (c)(1)(D).
(b) Nothing in this section shall prevent the chief medical examiner, a county medical examiner, or pathologist designated pursuant to § 38-7-105 , or any agent or employee of the chief medical examiner, county medical examiner, or pathologist, from carrying out training efforts or such person's statutory responsibilities.
(c) (1) A person is not considered "unauthorized" for purposes of subsection (a) if such person photographs, videotapes, or otherwise captures visual images, or audio recordings in whatever form of a deceased human body, human autopsy or a body immediately prior to, during or immediately following such an autopsy, if it is done with the express written consent or at the direction of: (A) The next-of-kin or personal representative of the deceased in the following order of priority: (i) Spouse; (ii) Any adult child; (iii) Parents; (iv) Any sibling; or (v) Administrator or executor, if appointed; (B) A law enforcement agency or district attorney general, for official use only; (C) A court order or subpoena; or (D) An attorney representing a defendant in a criminal case where the original photographs, images or records of the chief medical examiner, a county medical examiner, coroner or pathologist designated pursuant to § 38-7-105 are not available through discovery or are otherwise not sufficient for the defense of such defendant. (2) In determining whether the next-of-kin of the deceased is authorized to give consent, the chief medical examiner, county medical examiner, or pathologist designated pursuant to § 38-7-105 shall refer to the priority order in subdivision (c)(1)(A). If a next-of-kin higher on the priority lists consents, the lack of consent of any next-of-kin lower on the list is irrelevant. If a next-of-kin higher on the priority list refuses to give consent, consent by a next-of-kin lower on the list is also irrelevant.
(1) A person is not considered "unauthorized" for purposes of subsection (a) if such person photographs, videotapes, or otherwise captures visual images, or audio recordings in whatever form of a deceased human body, human autopsy or a body immediately prior to, during or immediately following such an autopsy, if it is done with the express written consent or at the direction of: (A) The next-of-kin or personal representative of the deceased in the following order of priority: (i) Spouse; (ii) Any adult child; (iii) Parents; (iv) Any sibling; or (v) Administrator or executor, if appointed; (B) A law enforcement agency or district attorney general, for official use only; (C) A court order or subpoena; or (D) An attorney representing a defendant in a criminal case where the original photographs, images or records of the chief medical examiner, a county medical examiner, coroner or pathologist designated pursuant to § 38-7-105 are not available through discovery or are otherwise not sufficient for the defense of such defendant.
(A) The next-of-kin or personal representative of the deceased in the following order of priority: (i) Spouse; (ii) Any adult child; (iii) Parents; (iv) Any sibling; or (v) Administrator or executor, if appointed;
(i) Spouse;
(ii) Any adult child;
(iii) Parents;
(iv) Any sibling; or
(v) Administrator or executor, if appointed;
(B) A law enforcement agency or district attorney general, for official use only;
(C) A court order or subpoena; or
(D) An attorney representing a defendant in a criminal case where the original photographs, images or records of the chief medical examiner, a county medical examiner, coroner or pathologist designated pursuant to § 38-7-105 are not available through discovery or are otherwise not sufficient for the defense of such defendant.
(2) In determining whether the next-of-kin of the deceased is authorized to give consent, the chief medical examiner, county medical examiner, or pathologist designated pursuant to § 38-7-105 shall refer to the priority order in subdivision (c)(1)(A). If a next-of-kin higher on the priority lists consents, the lack of consent of any next-of-kin lower on the list is irrelevant. If a next-of-kin higher on the priority list refuses to give consent, consent by a next-of-kin lower on the list is also irrelevant.
(d) A chief medical examiner, a county medical examiner, or pathologist designated pursuant to § 38-7-105 , or any agent or employee of a chief medical examiner, a county medical examiner, or pathologist, shall incur no criminal or civil liability for permitting a person to photograph, videotape, or otherwise capture visual images, or audio recordings in whatever form of a deceased human body or a human autopsy or a body immediately prior to, during or immediately following an autopsy as a result of the consent to such conduct given by the next-of-kin, if such official is presented with the written consent of a next-of-kin of the deceased who is higher on the priority list set out in subdivision (c)(1)(A) than any next-of-kin who does not consent.
(e) To the extent that the chief medical examiner, a county medical examiner, or pathologist designated pursuant to § 38-7-105 , or any agent or employee of the chief medical examiner, county medical examiner, or pathologist, is a covered entity under the privacy regulations promulgated pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), nothing in this section shall be construed to preempt any provisions of those regulations that provide greater protection of the deceased's privacy than does this section.
(f) (1) A violation of subdivision (a)(1) is a Class A misdemeanor punishable by fine only. (2) A violation of subdivision (a)(1) is a Class A misdemeanor punishable by fine or imprisonment if the chief medical examiner, a county medical examiner, coroner or pathologist, or an agent or employee of the chief medical examiner, a county medical examiner, coroner or pathologist, receives compensation or other thing of value as an inducement to violate this section. (3) A violation of subdivision (a)(2) is a Class A misdemeanor.
(1) A violation of subdivision (a)(1) is a Class A misdemeanor punishable by fine only.
(2) A violation of subdivision (a)(1) is a Class A misdemeanor punishable by fine or imprisonment if the chief medical examiner, a county medical examiner, coroner or pathologist, or an agent or employee of the chief medical examiner, a county medical examiner, coroner or pathologist, receives compensation or other thing of value as an inducement to violate this section.
(3) A violation of subdivision (a)(2) is a Class A misdemeanor.
Acts 2005, ch. 216, § 1; 2009, ch. 276, §§ 1, 2.
Tenn. Code Ann. § 38-8-131 — TN Code / Title 38 / Chapter 8 / Section 38-8-131
Use of force reporting
Status: in_force

(a) By January 1, 2022, each law enforcement agency shall establish a use of force reporting system that allows for the agency to effectively review and analyze all use of force incidents. (b) The reporting system must be designed to help the agency identify trends, improve officer training and safety, collect data, and provide timely and accurate information. (c) By January 1, 2022, each law enforcement agency shall implement the use of force reporting system established pursuant to subsection (a) to collect data on use of force incidents. (d) Beginning January 1, 2022, each law enforcement agency shall report monthly to the Tennessee bureau of investigation all use of force data consistent with the requirements, definitions, and methods of the federal bureau of investigation's National Use of Force Data Collection. The bureau shall compile the information reported by each agency pursuant to this subsection (d) and submit an annual report to the chair of the judiciary committee of the senate and the chair of the criminal justice committee of the house of representatives by July 1, 2023, and by July 1 of each year thereafter. The report must include statewide and countywide aggregate data, but must not include any personally identifying information of law enforcement officers. The bureau shall also make the report available to the public on the bureau's website. Added by 2021 Tenn. Acts, ch. 489,s 4, eff. 5/18/2021.
(a) By January 1, 2022, each law enforcement agency shall establish a use of force reporting system that allows for the agency to effectively review and analyze all use of force incidents.
(b) The reporting system must be designed to help the agency identify trends, improve officer training and safety, collect data, and provide timely and accurate information.
(c) By January 1, 2022, each law enforcement agency shall implement the use of force reporting system established pursuant to subsection (a) to collect data on use of force incidents.
(d) Beginning January 1, 2022, each law enforcement agency shall report monthly to the Tennessee bureau of investigation all use of force data consistent with the requirements, definitions, and methods of the federal bureau of investigation's National Use of Force Data Collection. The bureau shall compile the information reported by each agency pursuant to this subsection (d) and submit an annual report to the chair of the judiciary committee of the senate and the chair of the criminal justice committee of the house of representatives by July 1, 2023, and by July 1 of each year thereafter. The report must include statewide and countywide aggregate data, but must not include any personally identifying information of law enforcement officers. The bureau shall also make the report available to the public on the bureau's website.
Added by 2021 Tenn. Acts, ch. 489,s 4, eff. 5/18/2021.
Tenn. Code Ann. § 38-12-103 — TN Code / Title 38 / Chapter 12 / Section 38-12-103
Membership
Status: in_force

(a) The coordinating council shall consist of the following twenty-three (23) members: (1) The commissioner of labor and workforce development, or the commissioner's designee; (2) The attorney general and reporter, or the attorney general and reporter's designee; (3) The director of the administrative office of the courts, or the director's designee; (4) The executive director of the district public defenders conference, or the executive director's designee; (5) The director of the Tennessee bureau of investigation, or the director's designee; (6) The executive director of the district attorneys general conference, or the executive director's designee; (7) The president of the Tennessee Sheriffs' Association, or the president's designee; (8) The president of the state court clerks conference, or the president's designee; (9) The president of the Tennessee chiefs of police association, or the president's designee; (10) The executive director of the Tennessee Coalition to End Domestic and Sexual Violence, or the executive director's designee; (11) The executive director of the peace officers standards and training commission, or the executive director's designee; (12) The chairman of the board of probation and parole, or the chairman's designee; (13) The executive director of the Tennessee association of criminal defense lawyers, or the executive director's designee; (14) Three (3) judges or retired judges, one (1) from each grand division of this state, to be appointed by the executive director of the administrative office of the courts; (15) One (1) legal services attorney to be appointed by the Tennessee Alliance for Legal Services; (16) One (1) victim witness coordinator to be appointed by the district attorneys general conference; (17) Three (3) individuals with domestic violence expertise from the non-profit sector to be appointed by the Tennessee Coalition to End Domestic and Sexual Violence; (18) One (1) member of the senate, who shall be a non-voting advisory member, to be appointed by the speaker of the senate; and (19) One (1) member of the house of representatives, who shall be a non-voting advisory member, to be appointed by the speaker of the house of representatives. (b) In making appointments to the coordinating council, the appointing authorities shall strive to ensure that at least one (1) person serving on the council is sixty (60) years of age or older, at least one (1) person serving on the council is a member of a racial minority, and at least two (2) persons serving on the council are female. (c) Except as provided in subsection (d), the terms of the members of the coordinating council who are appointed under subdivisions (a)(14)-(17) shall be four (4) years. The terms of members who are appointed under subdivisions (a)(18) and (19) shall coincide with their terms of office in the general assembly; provided, that such members shall continue to serve on the coordinating council until their successors are appointed. (d) (1) The entire membership of the coordinating council as comprised on June 30, 2014, shall be vacated on July 1, 2014, and new members shall be appointed in accordance with subsection (a). (2) In order to stagger the terms of the newly appointed coordinating council members, the appointing authorities shall make initial appointments as follows: (A) One (1) judge appointed under subdivision (a)(14) and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of one (1) year, which shall expire on June 30, 2015; (B) One (1) judge appointed under subdivision (a)(14), the legal services attorney appointed under subdivision (a)(15), and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of two (2) years, which shall expire on June 30, 2016; and (C) One (1) judge appointed under subdivision (a)(14), the victim witness coordinator appointed under subdivision (a)(16), and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of three (3) years, which shall expire on June 30, 2017. (e) (1) Following the expiration of members' initial terms as prescribed in subdivision (d)(2), all terms shall begin on July 1 and terminate on June 30, four (4) years thereafter. (2) All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified. (3) A vacancy occurring other than by expiration of a term shall be filled in the same manner as the original appointment but only for the remaining duration of the unexpired term. (f) An appointing authority may remove any member of the coordinating council, which such appointing authority appointed to the council, for misconduct, incompetency, willful neglect of duty, or other just cause. Amended by 2014 Tenn. Acts, ch. 779, s 3, eff. 7/1/2014. Acts 1995, ch. 376, § 3; 1998, ch. 1049, §§ 7, 8; 1999, ch. 257, §3; 2001, ch. 201, § 1.
(a) The coordinating council shall consist of the following twenty-three (23) members: (1) The commissioner of labor and workforce development, or the commissioner's designee; (2) The attorney general and reporter, or the attorney general and reporter's designee; (3) The director of the administrative office of the courts, or the director's designee; (4) The executive director of the district public defenders conference, or the executive director's designee; (5) The director of the Tennessee bureau of investigation, or the director's designee; (6) The executive director of the district attorneys general conference, or the executive director's designee; (7) The president of the Tennessee Sheriffs' Association, or the president's designee; (8) The president of the state court clerks conference, or the president's designee; (9) The president of the Tennessee chiefs of police association, or the president's designee; (10) The executive director of the Tennessee Coalition to End Domestic and Sexual Violence, or the executive director's designee; (11) The executive director of the peace officers standards and training commission, or the executive director's designee; (12) The chairman of the board of probation and parole, or the chairman's designee; (13) The executive director of the Tennessee association of criminal defense lawyers, or the executive director's designee; (14) Three (3) judges or retired judges, one (1) from each grand division of this state, to be appointed by the executive director of the administrative office of the courts; (15) One (1) legal services attorney to be appointed by the Tennessee Alliance for Legal Services; (16) One (1) victim witness coordinator to be appointed by the district attorneys general conference; (17) Three (3) individuals with domestic violence expertise from the non-profit sector to be appointed by the Tennessee Coalition to End Domestic and Sexual Violence; (18) One (1) member of the senate, who shall be a non-voting advisory member, to be appointed by the speaker of the senate; and (19) One (1) member of the house of representatives, who shall be a non-voting advisory member, to be appointed by the speaker of the house of representatives.
(1) The commissioner of labor and workforce development, or the commissioner's designee;
(2) The attorney general and reporter, or the attorney general and reporter's designee;
(3) The director of the administrative office of the courts, or the director's designee;
(4) The executive director of the district public defenders conference, or the executive director's designee;
(5) The director of the Tennessee bureau of investigation, or the director's designee;
(6) The executive director of the district attorneys general conference, or the executive director's designee;
(7) The president of the Tennessee Sheriffs' Association, or the president's designee;
(8) The president of the state court clerks conference, or the president's designee;
(9) The president of the Tennessee chiefs of police association, or the president's designee;
(10) The executive director of the Tennessee Coalition to End Domestic and Sexual Violence, or the executive director's designee;
(11) The executive director of the peace officers standards and training commission, or the executive director's designee;
(12) The chairman of the board of probation and parole, or the chairman's designee;
(13) The executive director of the Tennessee association of criminal defense lawyers, or the executive director's designee;
(14) Three (3) judges or retired judges, one (1) from each grand division of this state, to be appointed by the executive director of the administrative office of the courts;
(15) One (1) legal services attorney to be appointed by the Tennessee Alliance for Legal Services;
(16) One (1) victim witness coordinator to be appointed by the district attorneys general conference;
(17) Three (3) individuals with domestic violence expertise from the non-profit sector to be appointed by the Tennessee Coalition to End Domestic and Sexual Violence;
(18) One (1) member of the senate, who shall be a non-voting advisory member, to be appointed by the speaker of the senate; and
(19) One (1) member of the house of representatives, who shall be a non-voting advisory member, to be appointed by the speaker of the house of representatives.
(b) In making appointments to the coordinating council, the appointing authorities shall strive to ensure that at least one (1) person serving on the council is sixty (60) years of age or older, at least one (1) person serving on the council is a member of a racial minority, and at least two (2) persons serving on the council are female.
(c) Except as provided in subsection (d), the terms of the members of the coordinating council who are appointed under subdivisions (a)(14)-(17) shall be four (4) years. The terms of members who are appointed under subdivisions (a)(18) and (19) shall coincide with their terms of office in the general assembly; provided, that such members shall continue to serve on the coordinating council until their successors are appointed.
(d) (1) The entire membership of the coordinating council as comprised on June 30, 2014, shall be vacated on July 1, 2014, and new members shall be appointed in accordance with subsection (a). (2) In order to stagger the terms of the newly appointed coordinating council members, the appointing authorities shall make initial appointments as follows: (A) One (1) judge appointed under subdivision (a)(14) and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of one (1) year, which shall expire on June 30, 2015; (B) One (1) judge appointed under subdivision (a)(14), the legal services attorney appointed under subdivision (a)(15), and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of two (2) years, which shall expire on June 30, 2016; and (C) One (1) judge appointed under subdivision (a)(14), the victim witness coordinator appointed under subdivision (a)(16), and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of three (3) years, which shall expire on June 30, 2017.
(1) The entire membership of the coordinating council as comprised on June 30, 2014, shall be vacated on July 1, 2014, and new members shall be appointed in accordance with subsection (a).
(2) In order to stagger the terms of the newly appointed coordinating council members, the appointing authorities shall make initial appointments as follows: (A) One (1) judge appointed under subdivision (a)(14) and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of one (1) year, which shall expire on June 30, 2015; (B) One (1) judge appointed under subdivision (a)(14), the legal services attorney appointed under subdivision (a)(15), and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of two (2) years, which shall expire on June 30, 2016; and (C) One (1) judge appointed under subdivision (a)(14), the victim witness coordinator appointed under subdivision (a)(16), and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of three (3) years, which shall expire on June 30, 2017.
(A) One (1) judge appointed under subdivision (a)(14) and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of one (1) year, which shall expire on June 30, 2015;
(B) One (1) judge appointed under subdivision (a)(14), the legal services attorney appointed under subdivision (a)(15), and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of two (2) years, which shall expire on June 30, 2016; and
(C) One (1) judge appointed under subdivision (a)(14), the victim witness coordinator appointed under subdivision (a)(16), and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of three (3) years, which shall expire on June 30, 2017.
(e) (1) Following the expiration of members' initial terms as prescribed in subdivision (d)(2), all terms shall begin on July 1 and terminate on June 30, four (4) years thereafter. (2) All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified. (3) A vacancy occurring other than by expiration of a term shall be filled in the same manner as the original appointment but only for the remaining duration of the unexpired term.
(1) Following the expiration of members' initial terms as prescribed in subdivision (d)(2), all terms shall begin on July 1 and terminate on June 30, four (4) years thereafter.
(2) All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified.
(3) A vacancy occurring other than by expiration of a term shall be filled in the same manner as the original appointment but only for the remaining duration of the unexpired term.
(f) An appointing authority may remove any member of the coordinating council, which such appointing authority appointed to the council, for misconduct, incompetency, willful neglect of duty, or other just cause.
Amended by 2014 Tenn. Acts, ch. 779, s 3, eff. 7/1/2014.
Acts 1995, ch. 376, § 3; 1998, ch. 1049, §§ 7, 8; 1999, ch. 257, §3; 2001, ch. 201, § 1.
Tenn. Code Ann. § 38-8-204 — TN Code / Title 38 / Chapter 8 / Section 38-8-204
Authorization to contract with units of government
Status: in_force

(a) The agency designated by the governor to operate the academy, through its duly appointed representative, is authorized to enter into such contract or contracts with state, municipal, county or metropolitan law enforcement officials as may be necessary in order to carry out the provisions and purposes of this chapter. (b) The power to contract conferred by this section includes the power to contract with public agencies or officials for enrolling trainees in general courses, and establishing special courses designed to meet specific needs of agencies or units of government. Acts 1963, ch. 173, § 4; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 38-804.
(a) The agency designated by the governor to operate the academy, through its duly appointed representative, is authorized to enter into such contract or contracts with state, municipal, county or metropolitan law enforcement officials as may be necessary in order to carry out the provisions and purposes of this chapter.
(b) The power to contract conferred by this section includes the power to contract with public agencies or officials for enrolling trainees in general courses, and establishing special courses designed to meet specific needs of agencies or units of government.
Acts 1963, ch. 173, § 4; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 38-804.