Tenn. Code Ann. § 40-38-114 — TN Code / Title 40 / Chapter 38 / Section 40-38-114
Conference between victim and prosecuting attorney prior to final disposition of case
Status: in_force

(a) The prosecuting attorney shall confer with the victim prior to the final disposition of a criminal offense, including the views of the victim regarding a decision not to proceed with a criminal prosecution or a decision to dismiss a charge or to enter into plea or sentencing agreements or the victim's views regarding a decision to enter a pretrial or other type of diversion program. (b) The prosecuting attorney shall confer with the victim before the commencement of a trial. Any information received by the victim relating to the substance of the case shall be confidential, unless otherwise authorized by law or required by the courts to be disclosed. (c) The rights of the victim do not include the authority to direct the prosecution of the case. (d) Failure of the prosecuting attorney to confer with the victim does not affect the validity of an agreement between the prosecutor and the defendant in the case, a pretrial diversion of the defendant, a dismissal of an indictment or complaint filed against the defendant, a plea entered by the defendant or any other disposition in the case. (e) Under this section, the victim has a duty to keep current information regarding the victim's location so the prosecuting attorney may be able to contact the victim. If the prosecuting attorney is unable to contact the victim due to the victim's failure to keep current information regarding the victim's location, the prosecuting attorney may only confer with the victim if practical under the circumstances. Acts 2000, ch. 802, § 1.
(a) The prosecuting attorney shall confer with the victim prior to the final disposition of a criminal offense, including the views of the victim regarding a decision not to proceed with a criminal prosecution or a decision to dismiss a charge or to enter into plea or sentencing agreements or the victim's views regarding a decision to enter a pretrial or other type of diversion program.
(b) The prosecuting attorney shall confer with the victim before the commencement of a trial. Any information received by the victim relating to the substance of the case shall be confidential, unless otherwise authorized by law or required by the courts to be disclosed.
(c) The rights of the victim do not include the authority to direct the prosecution of the case.
(d) Failure of the prosecuting attorney to confer with the victim does not affect the validity of an agreement between the prosecutor and the defendant in the case, a pretrial diversion of the defendant, a dismissal of an indictment or complaint filed against the defendant, a plea entered by the defendant or any other disposition in the case.
(e) Under this section, the victim has a duty to keep current information regarding the victim's location so the prosecuting attorney may be able to contact the victim. If the prosecuting attorney is unable to contact the victim due to the victim's failure to keep current information regarding the victim's location, the prosecuting attorney may only confer with the victim if practical under the circumstances.
Acts 2000, ch. 802, § 1.
Tenn. Code Ann. § 40-28-502 — TN Code / Title 40 / Chapter 28 / Section 40-28-502
Applicable requirements
Status: in_force

(a) The following requirements apply to parole board hearings: (1) In accordance with title 8, chapter 44, part 1, parole hearings and parole revocation hearings shall be open to the public, except as provided in subsection (b); and (2) The vote of each board member on each formal action shall be recorded. Formal actions include, but are not limited to, the granting or denial of parole, the revocation of parole or any action taken under subsection (b). (b) The following exceptions and limitations apply: (1) The board of parole may restrict the number of individuals allowed to attend parole or parole revocation hearings in accordance with physical limitations or security requirements of the hearing facilities; and (2) The board may deny admission or continued attendance at parole or parole revocation hearings to individuals who: (A) Threaten or present a danger to the security of the institution in which the hearing is being held; (B) Threaten or present a danger to other attendees or participants; or (C) Disrupt the hearing. Acts 1993, ch. 336, § 2; 1998, ch. 1049, §§ 24, 66.
(a) The following requirements apply to parole board hearings: (1) In accordance with title 8, chapter 44, part 1, parole hearings and parole revocation hearings shall be open to the public, except as provided in subsection (b); and (2) The vote of each board member on each formal action shall be recorded. Formal actions include, but are not limited to, the granting or denial of parole, the revocation of parole or any action taken under subsection (b).
(1) In accordance with title 8, chapter 44, part 1, parole hearings and parole revocation hearings shall be open to the public, except as provided in subsection (b); and
(2) The vote of each board member on each formal action shall be recorded. Formal actions include, but are not limited to, the granting or denial of parole, the revocation of parole or any action taken under subsection (b).
(b) The following exceptions and limitations apply: (1) The board of parole may restrict the number of individuals allowed to attend parole or parole revocation hearings in accordance with physical limitations or security requirements of the hearing facilities; and (2) The board may deny admission or continued attendance at parole or parole revocation hearings to individuals who: (A) Threaten or present a danger to the security of the institution in which the hearing is being held; (B) Threaten or present a danger to other attendees or participants; or (C) Disrupt the hearing.
(1) The board of parole may restrict the number of individuals allowed to attend parole or parole revocation hearings in accordance with physical limitations or security requirements of the hearing facilities; and
(2) The board may deny admission or continued attendance at parole or parole revocation hearings to individuals who: (A) Threaten or present a danger to the security of the institution in which the hearing is being held; (B) Threaten or present a danger to other attendees or participants; or (C) Disrupt the hearing.
(A) Threaten or present a danger to the security of the institution in which the hearing is being held;
(B) Threaten or present a danger to other attendees or participants; or
(C) Disrupt the hearing.
Acts 1993, ch. 336, § 2; 1998, ch. 1049, §§ 24, 66.
Tenn. Code Ann. § 40-11-403 — TN Code / Title 40 / Chapter 11 / Section 40-11-403
Noncompliance
Status: in_force

If an agent does not obtain the required eight (8) continuing education hour credits within each twelve-month period as described in § 40-11-401 , and have the necessary certificate of compliance filed with the clerk of the court by January 15 of each year, the clerk shall, by certified mail, notify the agent that the agent is not in compliance with the continuing education requirements of this part and the number of hours the agent lacks to be in compliance. If the agent has not furnished the clerk with a certificate of compliance with continuing education requirements within sixty (60) days of receiving the notice of noncompliance, the clerk shall notify the judge of the court who shall then suspend the agent from furnishing bail or bonds securing costs and fines, and remove the agent's name from the list of qualified and approved professional bondsmen, as described in § 40-11-124 , until the agent completes the continuing education credits and properly files the required certificate with the court. Acts 1996, ch. 856, § 1.
If an agent does not obtain the required eight (8) continuing education hour credits within each twelve-month period as described in § 40-11-401 , and have the necessary certificate of compliance filed with the clerk of the court by January 15 of each year, the clerk shall, by certified mail, notify the agent that the agent is not in compliance with the continuing education requirements of this part and the number of hours the agent lacks to be in compliance. If the agent has not furnished the clerk with a certificate of compliance with continuing education requirements within sixty (60) days of receiving the notice of noncompliance, the clerk shall notify the judge of the court who shall then suspend the agent from furnishing bail or bonds securing costs and fines, and remove the agent's name from the list of qualified and approved professional bondsmen, as described in § 40-11-124 , until the agent completes the continuing education credits and properly files the required certificate with the court.
Acts 1996, ch. 856, § 1.
Tenn. Code Ann. § 40-30-404 — TN Code / Title 40 / Chapter 30 / Section 40-30-404
Court order if probable that exculpatory results would not have resulted in prosecution or conviction
Status: in_force

After notice to the prosecution and an opportunity to respond, the court shall order fingerprint analysis if the court finds that: (1) A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through fingerprint analysis; (2) The evidence is still in existence and in such a condition that fingerprint analysis may be conducted; (3) The evidence was never previously subjected to fingerprint analysis, was not subjected to the analysis that is being requested which could resolve an issue not resolved by previous analysis, or was previously subjected to analysis and the person making the motion under this part requests analysis that uses a new method or technology that is substantially more probative than the prior analysis; and (4) The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice. Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
After notice to the prosecution and an opportunity to respond, the court shall order fingerprint analysis if the court finds that:
(1) A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through fingerprint analysis;
(2) The evidence is still in existence and in such a condition that fingerprint analysis may be conducted;
(3) The evidence was never previously subjected to fingerprint analysis, was not subjected to the analysis that is being requested which could resolve an issue not resolved by previous analysis, or was previously subjected to analysis and the person making the motion under this part requests analysis that uses a new method or technology that is substantially more probative than the prior analysis; and
(4) The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 40-28-128 — TN Code / Title 40 / Chapter 28 / Section 40-28-128
Executive pardoning power unabridged
Status: in_force

Nothing in §§ 40-28-101 - 40-28-127 shall be construed in any way as intended to modify or abridge the pardoning power of the governor. Acts 1937, ch. 276, § 23; C. Supp. 1950, § 11818.20 (Williams, § 11843.23); T.C.A. (orig. ed.), § 40-3625.
Nothing in §§ 40-28-101 - 40-28-127 shall be construed in any way as intended to modify or abridge the pardoning power of the governor.
Acts 1937, ch. 276, § 23; C. Supp. 1950, § 11818.20 (Williams, § 11843.23); T.C.A. (orig. ed.), § 40-3625.
Tenn. Code Ann. § 40-11-131 — TN Code / Title 40 / Chapter 11 / Section 40-11-131
Defects in bond no defense
Status: in_force

Where a bail bond or recognizance is executed by the accused, it shall be valid and binding on the accused and the accused's sureties for the accused's personal appearance before the court as prescribed by law or, if not payable or conditioned as prescribed by law for the appearance of the accused before the court from term to term of the court, it shall be held as if the bond or recognizance had expressly so stipulated and conditioned on its face, and no defect in the bond or recognizance shall avail the defendant and the accused's sureties upon default to appear. Acts 1978, ch. 506, § 27; T.C.A., § 40-1231.
Where a bail bond or recognizance is executed by the accused, it shall be valid and binding on the accused and the accused's sureties for the accused's personal appearance before the court as prescribed by law or, if not payable or conditioned as prescribed by law for the appearance of the accused before the court from term to term of the court, it shall be held as if the bond or recognizance had expressly so stipulated and conditioned on its face, and no defect in the bond or recognizance shall avail the defendant and the accused's sureties upon default to appear.
Acts 1978, ch. 506, § 27; T.C.A., § 40-1231.
Tenn. Code Ann. § 40-28-608 — TN Code / Title 40 / Chapter 28 / Section 40-28-608
Relief from further reports - Permission to leave state or county
Status: in_force

The director may relieve a prisoner on parole from making further reports and may permit the prisoner to leave the state or county, if satisfied that this is for the best interests of society. Acts 2012 , ch. 727, § 43.
The director may relieve a prisoner on parole from making further reports and may permit the prisoner to leave the state or county, if satisfied that this is for the best interests of society.
Acts 2012 , ch. 727, § 43.
Tenn. Code Ann. § 40-20-110 — TN Code / Title 40 / Chapter 20 / Section 40-20-110
Sentence for separate offenses - Parole considerations
Status: in_force

(a) If a person is sentenced for two (2) or more separate offenses, sentence shall be pronounced for each offense, and imprisonment may equal, but shall not exceed, the total of the maximum terms provided by law for the offenses, which total shall, for the purpose of §§ 40-20-107 - 40-20-110, be construed as one (1) continuous term of imprisonment. (b) (1) The department of correction shall notify the board of parole when inmates sentenced to consecutive sentences which require custodial parole consideration reach parole eligibility on their initial sentences. (2) The board shall determine when the inmate will begin service of the inmate's consecutive sentence. (3) No parole certificate shall be required, and the inmate shall be heard for parole when eligible on the inmate's consecutive sentence. (4) The board has the authority to begin custodial parole effective on any date on or after the custodial parole eligibility date. (5) A bona fide offer of employment shall not be required for custodial parole. Acts 1913, ch. 8, § 1; Shan., § 7202a3; Code 1932, § 11768; Acts 1982, ch. 739, § 1; T.C.A. (orig. ed.), § 40-2710; Acts 1990, ch. 645, § 1; 1998, ch. 1049, § 19.
(a) If a person is sentenced for two (2) or more separate offenses, sentence shall be pronounced for each offense, and imprisonment may equal, but shall not exceed, the total of the maximum terms provided by law for the offenses, which total shall, for the purpose of §§ 40-20-107 - 40-20-110, be construed as one (1) continuous term of imprisonment.
(b) (1) The department of correction shall notify the board of parole when inmates sentenced to consecutive sentences which require custodial parole consideration reach parole eligibility on their initial sentences. (2) The board shall determine when the inmate will begin service of the inmate's consecutive sentence. (3) No parole certificate shall be required, and the inmate shall be heard for parole when eligible on the inmate's consecutive sentence. (4) The board has the authority to begin custodial parole effective on any date on or after the custodial parole eligibility date. (5) A bona fide offer of employment shall not be required for custodial parole.
(1) The department of correction shall notify the board of parole when inmates sentenced to consecutive sentences which require custodial parole consideration reach parole eligibility on their initial sentences.
(2) The board shall determine when the inmate will begin service of the inmate's consecutive sentence.
(3) No parole certificate shall be required, and the inmate shall be heard for parole when eligible on the inmate's consecutive sentence.
(4) The board has the authority to begin custodial parole effective on any date on or after the custodial parole eligibility date.
(5) A bona fide offer of employment shall not be required for custodial parole.
Acts 1913, ch. 8, § 1; Shan., § 7202a3; Code 1932, § 11768; Acts 1982, ch. 739, § 1; T.C.A. (orig. ed.), § 40-2710; Acts 1990, ch. 645, § 1; 1998, ch. 1049, § 19.
Tenn. Code Ann. § 40-35-322 — TN Code / Title 40 / Chapter 35 / Section 40-35-322
Preservation of evidence in death penalty cases
Status: in_force

(a) For purposes of this section: (1) "Biological evidence" is any identifiable biological material that was collected as part of a criminal investigation or that may reasonably be used to incriminate or exculpate a person charged with a criminal offense; (2) "Biological evidence" includes the contents of a sexual assault examination kit or any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or other identifiable biological material, and applies whether the material is catalogued separately or is present on other evidence collected; and (3) "Biological evidence" does not include perishable liquid or tissue specimens collected for toxicological analysis. (b) All biological evidence collected for a criminal offense or offenses in which one (1) or more of the defendants received a sentence of death based upon the same criminal acts, whether the defendants were tried separately or together, shall be preserved until all defendants receiving a death sentence based on the same conduct are executed, otherwise die, or all related charges for which the defendants were convicted are dismissed. (c) Biological evidence required to be preserved by this section shall be preserved as follows: (1) By the investigating law enforcement agency or agencies for biological evidence that was collected for the case but never introduced at a trial; and (2) By the clerk of the court in which any biological evidence was introduced at the defendant's trial. (d) If the origin of a biological sample is well documented through photographs or case files, and the sample was taken from a larger piece of evidence, only the documented biological sample is required to be preserved. (e) This section shall apply to: (1) All applicable biological evidence that is collected on or after April 27, 2016; and (2) All applicable biological evidence that was collected prior to April 27, 2016, and is in the custody of, and being preserved by, a court clerk or law enforcement agency or agencies. Added by 2016 Tenn. Acts, ch. 988,s 1, eff. 4/27/2016.
(a) For purposes of this section: (1) "Biological evidence" is any identifiable biological material that was collected as part of a criminal investigation or that may reasonably be used to incriminate or exculpate a person charged with a criminal offense; (2) "Biological evidence" includes the contents of a sexual assault examination kit or any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or other identifiable biological material, and applies whether the material is catalogued separately or is present on other evidence collected; and (3) "Biological evidence" does not include perishable liquid or tissue specimens collected for toxicological analysis.
(1) "Biological evidence" is any identifiable biological material that was collected as part of a criminal investigation or that may reasonably be used to incriminate or exculpate a person charged with a criminal offense;
(2) "Biological evidence" includes the contents of a sexual assault examination kit or any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or other identifiable biological material, and applies whether the material is catalogued separately or is present on other evidence collected; and
(3) "Biological evidence" does not include perishable liquid or tissue specimens collected for toxicological analysis.
(b) All biological evidence collected for a criminal offense or offenses in which one (1) or more of the defendants received a sentence of death based upon the same criminal acts, whether the defendants were tried separately or together, shall be preserved until all defendants receiving a death sentence based on the same conduct are executed, otherwise die, or all related charges for which the defendants were convicted are dismissed.
(c) Biological evidence required to be preserved by this section shall be preserved as follows: (1) By the investigating law enforcement agency or agencies for biological evidence that was collected for the case but never introduced at a trial; and (2) By the clerk of the court in which any biological evidence was introduced at the defendant's trial.
(1) By the investigating law enforcement agency or agencies for biological evidence that was collected for the case but never introduced at a trial; and
(2) By the clerk of the court in which any biological evidence was introduced at the defendant's trial.
(d) If the origin of a biological sample is well documented through photographs or case files, and the sample was taken from a larger piece of evidence, only the documented biological sample is required to be preserved.
(e) This section shall apply to: (1) All applicable biological evidence that is collected on or after April 27, 2016; and (2) All applicable biological evidence that was collected prior to April 27, 2016, and is in the custody of, and being preserved by, a court clerk or law enforcement agency or agencies.
(1) All applicable biological evidence that is collected on or after April 27, 2016; and
(2) All applicable biological evidence that was collected prior to April 27, 2016, and is in the custody of, and being preserved by, a court clerk or law enforcement agency or agencies.
Added by 2016 Tenn. Acts, ch. 988,s 1, eff. 4/27/2016.
Tenn. Code Ann. § 40-11-116 — TN Code / Title 40 / Chapter 11 / Section 40-11-116
Conditions on release
Status: in_force

(a) If a magistrate determines that conditions of release are necessary, then the magistrate must impose the least onerous conditions reasonably likely to ensure the safety of the community and the defendant's appearance in court. (b) If conditions on release are found necessary, the magistrate may impose one (1) or more of the following conditions: (1) Release the defendant into the care of some qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. This supervisor shall maintain close contact with the defendant, assist the defendant in making arrangements to appear in court, and, where appropriate, accompany the defendant to court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the event the defendant fails to appear in court. The department of correction and its officers are not to be considered an appropriate qualified organization or person under this section; (2) Impose reasonable restrictions on the activities, movements, associations and residences of the defendant; and/or (3) Impose any other reasonable restriction designed to ensure the safety of the community and the defendant's appearance, including, but not limited to, the deposit of bail pursuant to § 40-11-117 . (c) A person charged with any of the following offenses shall not be released pursuant to subdivision (b)(1) without the approval of a general sessions judge, criminal court judge, or circuit court judge having jurisdiction over the current charges: (1) A Class A felony; (2) A Class B felony; (3) Aggravated assault, as defined in § 39-13-102 ; (4) Aggravated assault against a law enforcement officer or first responder, as defined in § 39-13-116 ; or (5) Domestic assault, as defined in § 39-13-111 , if the violation is a felony offense. (d) If the magistrate imposes conditions on release of a defendant charged with a Class A, B, C, or D felony and pretrial services are available within the county, then the court shall also require the defendant to participate in pretrial monitoring to ensure that the defendant is complying with the conditions. If the defendant fails to comply with the conditions of release, then the pretrial monitoring agency shall notify the court having jurisdiction of the defendant's failure to comply. Amended by 2024 Tenn. Acts, ch. 1055,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 976,s 7, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 612,s 4, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 612,s 3, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 362, s 2, eff. 7/1/2023. Acts 1978, ch. 506, § 16; T.C.A., § 40-1216; Acts 2001, ch. 443, §§ 1, 2; 2012 , ch. 727, § 10.
(a) If a magistrate determines that conditions of release are necessary, then the magistrate must impose the least onerous conditions reasonably likely to ensure the safety of the community and the defendant's appearance in court.
(b) If conditions on release are found necessary, the magistrate may impose one (1) or more of the following conditions: (1) Release the defendant into the care of some qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. This supervisor shall maintain close contact with the defendant, assist the defendant in making arrangements to appear in court, and, where appropriate, accompany the defendant to court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the event the defendant fails to appear in court. The department of correction and its officers are not to be considered an appropriate qualified organization or person under this section; (2) Impose reasonable restrictions on the activities, movements, associations and residences of the defendant; and/or (3) Impose any other reasonable restriction designed to ensure the safety of the community and the defendant's appearance, including, but not limited to, the deposit of bail pursuant to § 40-11-117 .
(1) Release the defendant into the care of some qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. This supervisor shall maintain close contact with the defendant, assist the defendant in making arrangements to appear in court, and, where appropriate, accompany the defendant to court. The supervisor shall not be required to be financially responsible for the defendant, nor to forfeit money in the event the defendant fails to appear in court. The department of correction and its officers are not to be considered an appropriate qualified organization or person under this section;
(2) Impose reasonable restrictions on the activities, movements, associations and residences of the defendant; and/or
(3) Impose any other reasonable restriction designed to ensure the safety of the community and the defendant's appearance, including, but not limited to, the deposit of bail pursuant to § 40-11-117 .
(c) A person charged with any of the following offenses shall not be released pursuant to subdivision (b)(1) without the approval of a general sessions judge, criminal court judge, or circuit court judge having jurisdiction over the current charges: (1) A Class A felony; (2) A Class B felony; (3) Aggravated assault, as defined in § 39-13-102 ; (4) Aggravated assault against a law enforcement officer or first responder, as defined in § 39-13-116 ; or (5) Domestic assault, as defined in § 39-13-111 , if the violation is a felony offense.
(1) A Class A felony;
(2) A Class B felony;
(3) Aggravated assault, as defined in § 39-13-102 ;
(4) Aggravated assault against a law enforcement officer or first responder, as defined in § 39-13-116 ; or
(5) Domestic assault, as defined in § 39-13-111 , if the violation is a felony offense.
(d) If the magistrate imposes conditions on release of a defendant charged with a Class A, B, C, or D felony and pretrial services are available within the county, then the court shall also require the defendant to participate in pretrial monitoring to ensure that the defendant is complying with the conditions. If the defendant fails to comply with the conditions of release, then the pretrial monitoring agency shall notify the court having jurisdiction of the defendant's failure to comply.
Amended by 2024 Tenn. Acts, ch. 1055,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 976,s 7, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 612,s 4, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 612,s 3, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 362, s 2, eff. 7/1/2023.
Acts 1978, ch. 506, § 16; T.C.A., § 40-1216; Acts 2001, ch. 443, §§ 1, 2; 2012 , ch. 727, § 10.
Tenn. Code Ann. § 40-10-104 — TN Code / Title 40 / Chapter 10 / Section 40-10-104
Bail
Status: in_force

If the defendant is committed to jail for a bailable offense, the magistrate shall endorse on the commitment the amount of the bail required, and sign the endorsement. The sheriff of the county to which the defendant is committed may discharge the defendant, upon the defendant giving sufficient bail in the sum required, and make immediate return to the court to which the defendant is bound to appear of the bail bond or undertaking. Code 1858, §5066; Shan., § 7025; Code 1932, § 11565; T.C.A. (orig. ed.), § 40-1119.
If the defendant is committed to jail for a bailable offense, the magistrate shall endorse on the commitment the amount of the bail required, and sign the endorsement. The sheriff of the county to which the defendant is committed may discharge the defendant, upon the defendant giving sufficient bail in the sum required, and make immediate return to the court to which the defendant is bound to appear of the bail bond or undertaking.
Code 1858, §5066; Shan., § 7025; Code 1932, § 11565; T.C.A. (orig. ed.), § 40-1119.
Tenn. Code Ann. § 40-39-301 — TN Code / Title 40 / Chapter 39 / Section 40-39-301
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Serious offender" means any person who is convicted in this state, on or after July 1, 2004, of any offense that may cause "serious bodily injury" as defined in § 39-11-106 . "Serious offender" includes any person who is convicted in any other jurisdiction of any offense that would constitute a serious offense as defined in this part. "Serious offender" also includes any person who has been released on probation or parole following a conviction for any serious offense, as defined in this part, to the extent that the person continues to be subject to active supervision by the department of correction; (2) "Sexual offense" means any of the crimes enumerated in § 40-39-202(20) , including specifically: (A) The commission of any act that constitutes the criminal offense of: (i) Aggravated rape, under § 39-13-502 ; (ii) Rape, under § 39-13-503 ; (iii) Aggravated sexual battery, under § 39-13-504 ; (iv) Sexual battery, under § 39-13-505 ; (v) Statutory rape, under § 39-13-506 ; (vi) Sexual exploitation of a minor, under § 39-17-1003 ; (vii) Aggravated sexual exploitation of a minor, under § 39-17-1004 ; (viii) Especially aggravated sexual exploitation of a minor, under § 39-17-1005 ; (ix) Incest, under § 39-15-302 ; (x) Rape of a child, under § 39-13-522 ; (xi) Sexual battery by an authority figure, under § 39-13-527 ; (xii) Solicitation of a minor, under § 39-13-528 ; (B) Criminal attempt, under § 39-12-101 , solicitation, under § 39-12-102 , or conspiracy, under § 39-12-103 , to commit any of the offenses enumerated within subdivision (2)(A); or (C) Criminal responsibility under § 39-11-402(2) for facilitating the commission under § 39-11-403 of, or being an accessory after the fact under, § 39-11-411 to any of the offenses enumerated in subdivision (2)(A); and (3) "Violent sexual offender" means any person who is convicted in the state, on or after July 1, 2004, of any sexual offense, as defined in subdivision (2) or § 40-39-202 ; or any person who is convicted in any other jurisdiction of any offense that would constitute a sexual offense in Tennessee. "Violent sexual offender" also includes any person who has been released on probation or parole following a conviction for any sexual offense, as defined in subdivision (2), to the extent that the person continues to be subject to active supervision by the department of correction as defined in law. For the purposes of this section, "violent sexual offender" may include offenders whose sexual offense was reduced by virtue of a plea agreement. Acts 2004, ch. 899, § 5; 2006, ch. 890, § 21; 2012, ch. 727, § 50.
As used in this part, unless the context otherwise requires:
(1) "Serious offender" means any person who is convicted in this state, on or after July 1, 2004, of any offense that may cause "serious bodily injury" as defined in § 39-11-106 . "Serious offender" includes any person who is convicted in any other jurisdiction of any offense that would constitute a serious offense as defined in this part. "Serious offender" also includes any person who has been released on probation or parole following a conviction for any serious offense, as defined in this part, to the extent that the person continues to be subject to active supervision by the department of correction;
(2) "Sexual offense" means any of the crimes enumerated in § 40-39-202(20) , including specifically: (A) The commission of any act that constitutes the criminal offense of: (i) Aggravated rape, under § 39-13-502 ; (ii) Rape, under § 39-13-503 ; (iii) Aggravated sexual battery, under § 39-13-504 ; (iv) Sexual battery, under § 39-13-505 ; (v) Statutory rape, under § 39-13-506 ; (vi) Sexual exploitation of a minor, under § 39-17-1003 ; (vii) Aggravated sexual exploitation of a minor, under § 39-17-1004 ; (viii) Especially aggravated sexual exploitation of a minor, under § 39-17-1005 ; (ix) Incest, under § 39-15-302 ; (x) Rape of a child, under § 39-13-522 ; (xi) Sexual battery by an authority figure, under § 39-13-527 ; (xii) Solicitation of a minor, under § 39-13-528 ; (B) Criminal attempt, under § 39-12-101 , solicitation, under § 39-12-102 , or conspiracy, under § 39-12-103 , to commit any of the offenses enumerated within subdivision (2)(A); or (C) Criminal responsibility under § 39-11-402(2) for facilitating the commission under § 39-11-403 of, or being an accessory after the fact under, § 39-11-411 to any of the offenses enumerated in subdivision (2)(A); and
(A) The commission of any act that constitutes the criminal offense of: (i) Aggravated rape, under § 39-13-502 ; (ii) Rape, under § 39-13-503 ; (iii) Aggravated sexual battery, under § 39-13-504 ; (iv) Sexual battery, under § 39-13-505 ; (v) Statutory rape, under § 39-13-506 ; (vi) Sexual exploitation of a minor, under § 39-17-1003 ; (vii) Aggravated sexual exploitation of a minor, under § 39-17-1004 ; (viii) Especially aggravated sexual exploitation of a minor, under § 39-17-1005 ; (ix) Incest, under § 39-15-302 ; (x) Rape of a child, under § 39-13-522 ; (xi) Sexual battery by an authority figure, under § 39-13-527 ; (xii) Solicitation of a minor, under § 39-13-528 ;
(i) Aggravated rape, under § 39-13-502 ;
(ii) Rape, under § 39-13-503 ;
(iii) Aggravated sexual battery, under § 39-13-504 ;
(iv) Sexual battery, under § 39-13-505 ;
(v) Statutory rape, under § 39-13-506 ;
(vi) Sexual exploitation of a minor, under § 39-17-1003 ;
(vii) Aggravated sexual exploitation of a minor, under § 39-17-1004 ;
(viii) Especially aggravated sexual exploitation of a minor, under § 39-17-1005 ;
(ix) Incest, under § 39-15-302 ;
(x) Rape of a child, under § 39-13-522 ;
(xi) Sexual battery by an authority figure, under § 39-13-527 ;
(xii) Solicitation of a minor, under § 39-13-528 ;
(B) Criminal attempt, under § 39-12-101 , solicitation, under § 39-12-102 , or conspiracy, under § 39-12-103 , to commit any of the offenses enumerated within subdivision (2)(A); or
(C) Criminal responsibility under § 39-11-402(2) for facilitating the commission under § 39-11-403 of, or being an accessory after the fact under, § 39-11-411 to any of the offenses enumerated in subdivision (2)(A); and
(3) "Violent sexual offender" means any person who is convicted in the state, on or after July 1, 2004, of any sexual offense, as defined in subdivision (2) or § 40-39-202 ; or any person who is convicted in any other jurisdiction of any offense that would constitute a sexual offense in Tennessee. "Violent sexual offender" also includes any person who has been released on probation or parole following a conviction for any sexual offense, as defined in subdivision (2), to the extent that the person continues to be subject to active supervision by the department of correction as defined in law. For the purposes of this section, "violent sexual offender" may include offenders whose sexual offense was reduced by virtue of a plea agreement.
Acts 2004, ch. 899, § 5; 2006, ch. 890, § 21; 2012, ch. 727, § 50.
Tenn. Code Ann. § 40-6-216 — TN Code / Title 40 / Chapter 6 / Section 40-6-216
Copies of warrants
Status: in_force

(a) A criminal defendant or such defendant's attorney shall have the right to request and receive at a reasonable time a copy of any warrant or summons issued pursuant to this part that is served upon the defendant. (b) Any agency, department or employee or agent of an agency or department who knowingly refuses to provide a copy of the warrant of arrest or summons to a defendant or the defendant's attorney within a reasonable time upon being requested to do so may be in contempt of the court issuing the warrant or summons. In addition to the punishment for contempt, the agency or department shall be required to pay all attorney fees and court costs reasonably incurred by the defendant or the defendant's attorney in obtaining a copy of the warrant or summons. Acts 1996, ch. 870, § 1; 1999, ch. 90, § 1; 2003, ch. 366, §§ 6, 7.
(a) A criminal defendant or such defendant's attorney shall have the right to request and receive at a reasonable time a copy of any warrant or summons issued pursuant to this part that is served upon the defendant.
(b) Any agency, department or employee or agent of an agency or department who knowingly refuses to provide a copy of the warrant of arrest or summons to a defendant or the defendant's attorney within a reasonable time upon being requested to do so may be in contempt of the court issuing the warrant or summons. In addition to the punishment for contempt, the agency or department shall be required to pay all attorney fees and court costs reasonably incurred by the defendant or the defendant's attorney in obtaining a copy of the warrant or summons.
Acts 1996, ch. 870, § 1; 1999, ch. 90, § 1; 2003, ch. 366, §§ 6, 7.
Tenn. Code Ann. § 40-34-106 — TN Code / Title 40 / Chapter 34 / Section 40-34-106
Prisoners not exempt from department regulations
Status: in_force

Nothing in this chapter shall be construed to exempt any prisoner, supervised by the department of correction, from the effect of any disciplinary rules or regulations established by the commissioner of correction. Acts 1979, ch. 386, § 1; T.C.A., § 40-4206.
Nothing in this chapter shall be construed to exempt any prisoner, supervised by the department of correction, from the effect of any disciplinary rules or regulations established by the commissioner of correction.
Acts 1979, ch. 386, § 1; T.C.A., § 40-4206.
Tenn. Code Ann. § 40-12-102 — TN Code / Title 40 / Chapter 12 / Section 40-12-102
Persons guilty of conspiracy ineligible
Status: in_force

(a) No person who has been guilty of any offense declared in § 39-12-103 , relating to conspiracy to take human life or to injure persons or destroy property, shall be competent to sit or serve on any grand or traverse jury and it is the duty of the court to carefully exclude all such persons from the juries, both grand and petit. (b) When the court is informed, or has reason to suspect, that any person presented as a juror is guilty of any of the offenses listed in subsection (a), it shall call witnesses, if necessary, and examine fully into the truth of the charge. (c) The court shall dismiss from the grand jury any person who has been selected and afterwards shown to be implicated in any offense listed in subsection (a). Acts 1897, ch. 52, § 3; Shan., § 6696a3; Code 1932, § 11070; modified; T.C.A. (orig. ed.), § 40-1504; Acts 1996, ch. 675, § 22.
(a) No person who has been guilty of any offense declared in § 39-12-103 , relating to conspiracy to take human life or to injure persons or destroy property, shall be competent to sit or serve on any grand or traverse jury and it is the duty of the court to carefully exclude all such persons from the juries, both grand and petit.
(b) When the court is informed, or has reason to suspect, that any person presented as a juror is guilty of any of the offenses listed in subsection (a), it shall call witnesses, if necessary, and examine fully into the truth of the charge.
(c) The court shall dismiss from the grand jury any person who has been selected and afterwards shown to be implicated in any offense listed in subsection (a).
Acts 1897, ch. 52, § 3; Shan., § 6696a3; Code 1932, § 11070; modified; T.C.A. (orig. ed.), § 40-1504; Acts 1996, ch. 675, § 22.
Tenn. Code Ann. § 40-25-115 — TN Code / Title 40 / Chapter 25 / Section 40-25-115
Certification of jury expenses in misdemeanor cases
Status: in_force

(a) The expenses of keeping a jury in any misdemeanor case in which the county may eventually become liable, may, in the discretion of the court, be certified, upon the adjournment of the court, to the judge of the general sessions court, who shall issue a warrant for the jury expenses to any person authorized to receive it; provided, that all persons having bills against the county shall first make oath before the clerk of the circuit or criminal court that the bills are true and correct, and the clerk shall affix the clerk's certificate thereto. (b) All the bills shall then be read and presented in open court to the judge and the district attorney general, for their inspection and allowance, if correct. (c) The clerk of the court shall be required to enter the amounts of the bills as may be so approved and allowed, upon the minutes of the court, and shall certify the amounts of the bills in writing on the face of each original bill, attach the seal of the clerk's office, and forward the bill to the proper authorities for payment, for which the clerk shall receive a fee of fifty cents (50¢), to be paid by the party to whom the bill belongs. Acts 1859-1860, ch. 6, § 2; 1885 (Ex. Sess.), ch. 11, § 1; Shan., § 7607; mod. Code 1932, § 12234; T.C.A. (orig. ed.), § 40-3317.
(a) The expenses of keeping a jury in any misdemeanor case in which the county may eventually become liable, may, in the discretion of the court, be certified, upon the adjournment of the court, to the judge of the general sessions court, who shall issue a warrant for the jury expenses to any person authorized to receive it; provided, that all persons having bills against the county shall first make oath before the clerk of the circuit or criminal court that the bills are true and correct, and the clerk shall affix the clerk's certificate thereto.
(b) All the bills shall then be read and presented in open court to the judge and the district attorney general, for their inspection and allowance, if correct.
(c) The clerk of the court shall be required to enter the amounts of the bills as may be so approved and allowed, upon the minutes of the court, and shall certify the amounts of the bills in writing on the face of each original bill, attach the seal of the clerk's office, and forward the bill to the proper authorities for payment, for which the clerk shall receive a fee of fifty cents (50¢), to be paid by the party to whom the bill belongs.
Acts 1859-1860, ch. 6, § 2; 1885 (Ex. Sess.), ch. 11, § 1; Shan., § 7607; mod. Code 1932, § 12234; T.C.A. (orig. ed.), § 40-3317.
Tenn. Code Ann. § 40-25-114 — TN Code / Title 40 / Chapter 25 / Section 40-25-114
Discretion of court
Status: in_force

The court has also discretion in controlling the taxation of costs, and in no case shall the state or county be charged therewith, unless the court so order, specifying in the order the officers and witnesses whose costs are to be taxed, together with the amount due each. Code 1858, § 5572 (deriv. Acts 1827, ch. 48, § 1); Shan., § 7599; Code 1932, §12226; T.C.A. (orig. ed.), § 40-3316.
The court has also discretion in controlling the taxation of costs, and in no case shall the state or county be charged therewith, unless the court so order, specifying in the order the officers and witnesses whose costs are to be taxed, together with the amount due each.
Code 1858, § 5572 (deriv. Acts 1827, ch. 48, § 1); Shan., § 7599; Code 1932, §12226; T.C.A. (orig. ed.), § 40-3316.
Tenn. Code Ann. § 40-36-202 — TN Code / Title 40 / Chapter 36 / Section 40-36-202
Duties of local community corrections advisory board - Staff - Meetings and officers
Status: in_force

(a) The local community corrections advisory board is empowered by resolution of the county legislative body to perform the following duties: (1) Assess community-wide needs and advise the county legislative body regarding specific program options; (2) Participate in the establishment of local eligibility standards for local community corrections programs that meet the local needs of the community; (3) Adopt the local community corrections plan for submission to the county legislative body; (4) Adopt program policies; (5) Recommend to the county legislative body the awarding of subcontracts to proprietary, nonprofit or governmental entities to provide community corrections services, in their discretion; (6) Monitor the effectiveness of local community correctional services and advise the county legislative body regarding needed modifications; (7) Inform and educate the general public regarding the need for diversion of selected nonviolent offenders from confinement in correctional institutions in order to gain greater public support for corrections; and (8) Make an annual report to the county legislative body of the progress of the programs. (b) The county legislative body may authorize either the local community corrections advisory board or the county mayor to employ, supervise and/or terminate the program staff, who shall be deemed county employees. (c) Employees hired by the county to administer this chapter in the community shall meet minimum qualifications as set forth by the department of correction in statewide administrative regulations. The local community corrections advisory board or the county mayor, as designated by the county legislative body, shall review and confirm all potential candidates for employment. (d) Any local community corrections advisory board initially created under this chapter shall receive an orientation developed and conducted by the local government with the assistance of the department of correction within thirty (30) days after the last initial appointment to the board is made. (e) Each local community corrections advisory board shall meet on a regular basis to transact business, and each local community corrections advisory board shall elect its own chair, vice chair, secretary and necessary committees. Acts 1985 (1st Ex. Sess.), ch. 3, § 8; 1986, ch. 731, § 1; 1994, ch. 819, §§ 1, 2; 1998, ch. 1049, §§ 44, 45; 2003 , ch. 90, § 2; 2012 , ch. 727, § 46.
(a) The local community corrections advisory board is empowered by resolution of the county legislative body to perform the following duties: (1) Assess community-wide needs and advise the county legislative body regarding specific program options; (2) Participate in the establishment of local eligibility standards for local community corrections programs that meet the local needs of the community; (3) Adopt the local community corrections plan for submission to the county legislative body; (4) Adopt program policies; (5) Recommend to the county legislative body the awarding of subcontracts to proprietary, nonprofit or governmental entities to provide community corrections services, in their discretion; (6) Monitor the effectiveness of local community correctional services and advise the county legislative body regarding needed modifications; (7) Inform and educate the general public regarding the need for diversion of selected nonviolent offenders from confinement in correctional institutions in order to gain greater public support for corrections; and (8) Make an annual report to the county legislative body of the progress of the programs.
(1) Assess community-wide needs and advise the county legislative body regarding specific program options;
(2) Participate in the establishment of local eligibility standards for local community corrections programs that meet the local needs of the community;
(3) Adopt the local community corrections plan for submission to the county legislative body;
(4) Adopt program policies;
(5) Recommend to the county legislative body the awarding of subcontracts to proprietary, nonprofit or governmental entities to provide community corrections services, in their discretion;
(6) Monitor the effectiveness of local community correctional services and advise the county legislative body regarding needed modifications;
(7) Inform and educate the general public regarding the need for diversion of selected nonviolent offenders from confinement in correctional institutions in order to gain greater public support for corrections; and
(8) Make an annual report to the county legislative body of the progress of the programs.
(b) The county legislative body may authorize either the local community corrections advisory board or the county mayor to employ, supervise and/or terminate the program staff, who shall be deemed county employees.
(c) Employees hired by the county to administer this chapter in the community shall meet minimum qualifications as set forth by the department of correction in statewide administrative regulations. The local community corrections advisory board or the county mayor, as designated by the county legislative body, shall review and confirm all potential candidates for employment.
(d) Any local community corrections advisory board initially created under this chapter shall receive an orientation developed and conducted by the local government with the assistance of the department of correction within thirty (30) days after the last initial appointment to the board is made.
(e) Each local community corrections advisory board shall meet on a regular basis to transact business, and each local community corrections advisory board shall elect its own chair, vice chair, secretary and necessary committees.
Acts 1985 (1st Ex. Sess.), ch. 3, § 8; 1986, ch. 731, § 1; 1994, ch. 819, §§ 1, 2; 1998, ch. 1049, §§ 44, 45; 2003 , ch. 90, § 2; 2012 , ch. 727, § 46.
Tenn. Code Ann. § 40-22-112 — TN Code / Title 40 / Chapter 22 / Section 40-22-112
Duties of probation and parole officer
Status: in_force

It is the duty of the parole officer to perform all of the duties imposed upon the officer by law and by the rules and regulations of the board of parole. Acts 1915, ch. 135, § 4; Shan., § 7230a17; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11837; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1961, ch. 93, § 5; Acts 1979, ch. 359, § 34; T.C.A. (orig. ed.), § 40-3012; Acts 1998, ch. 1049, §§ 20, 21.
It is the duty of the parole officer to perform all of the duties imposed upon the officer by law and by the rules and regulations of the board of parole.
Acts 1915, ch. 135, § 4; Shan., § 7230a17; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11837; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1961, ch. 93, § 5; Acts 1979, ch. 359, § 34; T.C.A. (orig. ed.), § 40-3012; Acts 1998, ch. 1049, §§ 20, 21.
Tenn. Code Ann. § 40-11-147 — TN Code / Title 40 / Chapter 11 / Section 40-11-147
Admission to bail after arrest in one county upon a warrant issued in another county
Status: in_force

A defendant arrested in one county on a warrant issued in another county for the commission of an offense for which the maximum punishment is imprisonment for ten (10) years or less is entitled to be admitted to bail in the county of arrest by the same officials and in the same manner as if arrested in the county issuing the warrant, subject to the following provisions: (1) The appropriate clerk or magistrate shall fix the amount of bail to be required and shall set the amount forth on the face of the warrant; and (2) The sheriff of the county in which the arrest is made, or the sheriff's deputy, shall transmit the undertaking of bail to the sheriff of the county from which the warrant issued, who shall return it to the court as provided in § 40-11-106 . Acts 1978, ch. 866, § 1; T.C.A., § 40-1247.
A defendant arrested in one county on a warrant issued in another county for the commission of an offense for which the maximum punishment is imprisonment for ten (10) years or less is entitled to be admitted to bail in the county of arrest by the same officials and in the same manner as if arrested in the county issuing the warrant, subject to the following provisions:
(1) The appropriate clerk or magistrate shall fix the amount of bail to be required and shall set the amount forth on the face of the warrant; and
(2) The sheriff of the county in which the arrest is made, or the sheriff's deputy, shall transmit the undertaking of bail to the sheriff of the county from which the warrant issued, who shall return it to the court as provided in § 40-11-106 .
Acts 1978, ch. 866, § 1; T.C.A., § 40-1247.
Tenn. Code Ann. § 40-30-311 — TN Code / Title 40 / Chapter 30 / Section 40-30-311
Orders in discretion of court
Status: in_force

The court may, in its discretion, make such other orders as may be appropriate. Acts 2001, ch. 444, § 1; T.C.A. § 40-30-411.
The court may, in its discretion, make such other orders as may be appropriate.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-411.
Tenn. Code Ann. § 40-27-101 — TN Code / Title 40 / Chapter 27 / Section 40-27-101
Power of governor
Status: in_force

The governor has power to grant reprieves, commutations and pardons in all criminal cases after conviction, except impeachment, subject to the regulations provided in this chapter. Code 1858, §5252; Shan., § 7227; Code 1932, § 11814; T.C.A. (orig. ed.), § 40-3501.
The governor has power to grant reprieves, commutations and pardons in all criminal cases after conviction, except impeachment, subject to the regulations provided in this chapter.
Code 1858, §5252; Shan., § 7227; Code 1932, § 11814; T.C.A. (orig. ed.), § 40-3501.
Tenn. Code Ann. § 40-38-607 — TN Code / Title 40 / Chapter 38 / Section 40-38-607
Confidentiality of program participant's voter registration record - Voter registration and absentee deadlines applicable - Exemption from jury duty
Status: in_force

(a) The coordinator of elections and the administrator of elections shall keep a program participant's voter registration record confidential. (b) The form shall be stored in a secure manner and the coordinator of elections and administrator of elections shall have access to the form and to the residence address contained in the form. (c) The coordinator of elections and administrator of elections shall record the program participant's program participant identification number in a separate voter registration database with the participant's name, residence address, and precinct. This list shall be confidential. Only the participant identification number shall be included in the statewide official voter registration list, which contains all active and inactive voters. (d) The coordinator of elections and administrator of elections shall, as appropriate, direct that the program participant's name, address, and precinct information, as well as any other contact information, be removed from the program participant's voter registration record, voter registration databases, and the official registration list, as well as any pollbook, poll list, or signature pollbook in which it appears and from any publicly available registration list in which it appears. (e) If the program participant is registered to vote in another state, the coordinator of elections or administrator of elections shall notify the appropriate authority in that state to cancel the program participant's voter registration. (f) The coordinator of elections shall inform the program participant: (1) That the program participant is being placed on the absentee list pursuant to § 40-38-602 ; (2) That if the program participant wishes to vote in an election and keep their residence address confidential, the program participant shall cast an absentee ballot by mail; (3) Of the procedure for the program participant to cast an absentee ballot; (4) That appearing in person will reveal the program participant's precinct and residence address to precinct election officials and employees of the election commission and may reveal the program participant's precinct or residence address to members of the public; and (5) That if the program participant appears in person, the individual must cast a provisional ballot. (g) If the program participant submits an absentee ballot, such ballot shall be processed by the administrator of elections in order to ensure the highest level of confidentiality and protection of the voting process. (h) All applicable voter registration and absentee deadlines shall apply. The coordinator of elections may establish procedures for the submission and processing of absentee ballots for such participants in accordance with this part and other applicable law. (i) Program participants will be exempt from selection for state and municipal jury duty. Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
(a) The coordinator of elections and the administrator of elections shall keep a program participant's voter registration record confidential.
(b) The form shall be stored in a secure manner and the coordinator of elections and administrator of elections shall have access to the form and to the residence address contained in the form.
(c) The coordinator of elections and administrator of elections shall record the program participant's program participant identification number in a separate voter registration database with the participant's name, residence address, and precinct. This list shall be confidential. Only the participant identification number shall be included in the statewide official voter registration list, which contains all active and inactive voters.
(d) The coordinator of elections and administrator of elections shall, as appropriate, direct that the program participant's name, address, and precinct information, as well as any other contact information, be removed from the program participant's voter registration record, voter registration databases, and the official registration list, as well as any pollbook, poll list, or signature pollbook in which it appears and from any publicly available registration list in which it appears.
(e) If the program participant is registered to vote in another state, the coordinator of elections or administrator of elections shall notify the appropriate authority in that state to cancel the program participant's voter registration.
(f) The coordinator of elections shall inform the program participant: (1) That the program participant is being placed on the absentee list pursuant to § 40-38-602 ; (2) That if the program participant wishes to vote in an election and keep their residence address confidential, the program participant shall cast an absentee ballot by mail; (3) Of the procedure for the program participant to cast an absentee ballot; (4) That appearing in person will reveal the program participant's precinct and residence address to precinct election officials and employees of the election commission and may reveal the program participant's precinct or residence address to members of the public; and (5) That if the program participant appears in person, the individual must cast a provisional ballot.
(1) That the program participant is being placed on the absentee list pursuant to § 40-38-602 ;
(2) That if the program participant wishes to vote in an election and keep their residence address confidential, the program participant shall cast an absentee ballot by mail;
(3) Of the procedure for the program participant to cast an absentee ballot;
(4) That appearing in person will reveal the program participant's precinct and residence address to precinct election officials and employees of the election commission and may reveal the program participant's precinct or residence address to members of the public; and
(5) That if the program participant appears in person, the individual must cast a provisional ballot.
(g) If the program participant submits an absentee ballot, such ballot shall be processed by the administrator of elections in order to ensure the highest level of confidentiality and protection of the voting process.
(h) All applicable voter registration and absentee deadlines shall apply. The coordinator of elections may establish procedures for the submission and processing of absentee ballots for such participants in accordance with this part and other applicable law.
(i) Program participants will be exempt from selection for state and municipal jury duty.
Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
Tenn. Code Ann. § 40-19-101 — TN Code / Title 40 / Chapter 19 / Section 40-19-101
Clerical omissions not constituting reversible error
Status: in_force

When a person indicted or presented for a criminal offense is arraigned before a court having jurisdiction of the matter pleads not guilty, and is tried upon the merits and convicted, the person shall not be entitled to a new trial, or to an arrest of judgment, for any of the following causes: (1) The clerk of the court omitted to file or enter the person's plea of record; (2) The district attorney general, clerk or grand jury omitted to mark a prosecutor upon the indictment; (3) The clerk omitted to show in the record sent to the supreme court that there was a prosecutor; (4) A defect in making out the caption of the record; (5) An omission of any caption to the record sent up to the supreme court; (6) The clerk omitted to embody in the record the venire facias; (7) The clerk omitted to enter upon the minutes of the court that the grand jury returned the indictment into open court, if the indictment shows upon its back that it was found "a true bill"; or (8) The indictment was drawn by a district attorney general pro tempore, and the clerk omitted to enter such district attorney general's appointment upon the minutes of the court. Code 1858, § 5242 (deriv. Acts 1851-1852, ch. 256, §§ 1-5); Shan., § 7217; Code 1932, § 11803; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-2601.
When a person indicted or presented for a criminal offense is arraigned before a court having jurisdiction of the matter pleads not guilty, and is tried upon the merits and convicted, the person shall not be entitled to a new trial, or to an arrest of judgment, for any of the following causes:
(1) The clerk of the court omitted to file or enter the person's plea of record;
(2) The district attorney general, clerk or grand jury omitted to mark a prosecutor upon the indictment;
(3) The clerk omitted to show in the record sent to the supreme court that there was a prosecutor;
(4) A defect in making out the caption of the record;
(5) An omission of any caption to the record sent up to the supreme court;
(6) The clerk omitted to embody in the record the venire facias;
(7) The clerk omitted to enter upon the minutes of the court that the grand jury returned the indictment into open court, if the indictment shows upon its back that it was found "a true bill"; or
(8) The indictment was drawn by a district attorney general pro tempore, and the clerk omitted to enter such district attorney general's appointment upon the minutes of the court.
Code 1858, § 5242 (deriv. Acts 1851-1852, ch. 256, §§ 1-5); Shan., § 7217; Code 1932, § 11803; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-2601.
Tenn. Code Ann. § 40-38-108 — TN Code / Title 40 / Chapter 38 / Section 40-38-108
Immunity for failure to comply
Status: in_force

Failure to comply with any provision of this part shall not create a cause of action or claim for damages against the state, a political subdivision of the state, a government employee or other official or entity, and no such cause of action shall be maintained. No defendant or person charged with a criminal offense may claim any prejudice or assign any error based upon the failure to comply with any provision of this part by the court or any other official of the state. Acts 1993, ch. 527, § 13.
Failure to comply with any provision of this part shall not create a cause of action or claim for damages against the state, a political subdivision of the state, a government employee or other official or entity, and no such cause of action shall be maintained. No defendant or person charged with a criminal offense may claim any prejudice or assign any error based upon the failure to comply with any provision of this part by the court or any other official of the state.
Acts 1993, ch. 527, § 13.
Tenn. Code Ann. § 40-25-138 — TN Code / Title 40 / Chapter 25 / Section 40-25-138
Warrants payable to person entitled to fees
Status: in_force

The commissioner of finance and administration, in auditing bills of costs of state prosecutions, when, in the commissioner's judgment, it is expedient and proper to do so, may draw a warrant on the treasurer in favor of any of the parties interested in the bills of costs for the sum due the party, which warrant the commissioner shall send to the clerk of the court from which the bills were sent, and at the same time notify the clerk that the amount sent is all that was due the party in the bills. The clerk shall deliver the warrant to the party in whose favor it is drawn, as soon as called for, taking receipt for the same. Acts 1867-1868, ch. 59, §§ 2, 3; Shan., §§ 7596, 7597; Code 1932, §§ 12223, 12224; impl. am. Acts 1937, ch. 33, §§24, 29; C. Supp. 1950, § 12223; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 40-3345.
The commissioner of finance and administration, in auditing bills of costs of state prosecutions, when, in the commissioner's judgment, it is expedient and proper to do so, may draw a warrant on the treasurer in favor of any of the parties interested in the bills of costs for the sum due the party, which warrant the commissioner shall send to the clerk of the court from which the bills were sent, and at the same time notify the clerk that the amount sent is all that was due the party in the bills. The clerk shall deliver the warrant to the party in whose favor it is drawn, as soon as called for, taking receipt for the same.
Acts 1867-1868, ch. 59, §§ 2, 3; Shan., §§ 7596, 7597; Code 1932, §§ 12223, 12224; impl. am. Acts 1937, ch. 33, §§24, 29; C. Supp. 1950, § 12223; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 40-3345.
Tenn. Code Ann. § 40-12-214 — TN Code / Title 40 / Chapter 12 / Section 40-12-214
Subpoenas to banks exempt from notice requirement
Status: in_force

Subpoenas issued pursuant to § 40-12-213(1) shall not be subject to the provisions of §§ 45-10-106 and 45-10-107 requiring notice to a bank customer of a subpoena issued to a bank for the records of a customer. Acts 1990, ch. 1051, § 1.
Subpoenas issued pursuant to § 40-12-213(1) shall not be subject to the provisions of §§ 45-10-106 and 45-10-107 requiring notice to a bank customer of a subpoena issued to a bank for the records of a customer.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-9-106 — TN Code / Title 40 / Chapter 9 / Section 40-9-106
Admission to bail
Status: in_force

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate must admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in any sum that the judge or magistrate deems proper, for the person's appearance before the judge or magistrate at a time specified in the bond or undertaking, and for the person's surrender, to be arrested upon the warrant of the governor of this state. Acts 1951, ch. 240, § 16 (Williams, § 11935.16); T.C.A. (orig. ed.), § 40-1006.
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate must admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in any sum that the judge or magistrate deems proper, for the person's appearance before the judge or magistrate at a time specified in the bond or undertaking, and for the person's surrender, to be arrested upon the warrant of the governor of this state.
Acts 1951, ch. 240, § 16 (Williams, § 11935.16); T.C.A. (orig. ed.), § 40-1006.
Tenn. Code Ann. § 40-14-309 — TN Code / Title 40 / Chapter 14 / Section 40-14-309
Partial transcript of record
Status: in_force

Upon the direction of the court in the case of an indigent defendant or at the request of any party who has agreed to pay the fee for a transcript, a court reporter designated by the court shall transcribe from the original records the parts of the proceedings as are requested in the manner prescribed in the Tennessee Rules of Appellate Procedure. Acts 1965, ch. 221, § 9; 1981, ch. 449, § 2; T.C.A., § 40-2037.
Upon the direction of the court in the case of an indigent defendant or at the request of any party who has agreed to pay the fee for a transcript, a court reporter designated by the court shall transcribe from the original records the parts of the proceedings as are requested in the manner prescribed in the Tennessee Rules of Appellate Procedure.
Acts 1965, ch. 221, § 9; 1981, ch. 449, § 2; T.C.A., § 40-2037.
Tenn. Code Ann. § 40-11-106 — TN Code / Title 40 / Chapter 11 / Section 40-11-106
Authority to take bail - Appeal
Status: in_force

(a) If bail has been set, any sheriff, any magistrate or other officer having authority to admit to bail in the county where the defendant is arrested, confined or legally surrendered may take bail in accordance with the provisions of §§ 40-11-101 - 40-11-144 and release the defendant to appear as directed by the officer setting bail. The sheriff or peace officer shall give a numbered receipt to the defendant to mandate an accounting for the bail so taken and within a reasonable time deposit the bail with the clerk of the court having jurisdiction of the offense. (b) (1) Under this part, it is the responsibility of the sheriff or judicial commissioner to determine the sufficiency of the surety and validity of any bond, and once a sheriff or judicial commissioner has taken bail under this subsection (b), that action shall be presumed to be valid. Once a sheriff or judicial commissioner has taken bail or refused to take bail, the jurisdiction of the court having jurisdiction of the offense shall be limited to the issue of whether the sheriff or judicial commissioner has abused discretion. A surety which meets the requirements of § 40-11-122(1) or (2) shall be deemed sufficient if it is certified by the circuit court clerk of the county where the defendant resides to the sheriff, magistrate, or other appropriate officer in the county where the defendant was arrested, confined or legally surrendered. (2) However, any defendant, claiming that a sheriff or judicial commissioner has acted arbitrarily or capriciously, may, by motion, file an appeal to the court having jurisdiction of the offense. Upon appeal, it is the court's duty to determine whether the sheriff or judicial commissioner has acted arbitrarily or capriciously. (3) This subsection (b) shall not be used to prevent a commercial bonding agency from posting bond for any individual when the commercial bondsman has previously been approved and authorized to make bonds and the bondsman has been so authorized by the presiding judge. (c) Before the sheriff, magistrate or other officer admits to bail and releases a defendant who is arrested for any kidnapping offense involving a hostage or victim, the releasing authority shall make all reasonable and diligent efforts to notify the hostage or victim of the alleged offense that the defendant has been admitted to bail and is being released. If the hostage or victim is under the age of eighteen (18) or otherwise unavailable, the releasing authority shall make all reasonable and diligent efforts to notify the family, if any, of the hostage or victim that the defendant is being released. Acts 1978, ch. 506, § 6; 1981, ch. 237, § 1; T.C.A., § 40-1206; Acts 1984, ch. 911, § 1; 1988, ch. 648, § 1.
(a) If bail has been set, any sheriff, any magistrate or other officer having authority to admit to bail in the county where the defendant is arrested, confined or legally surrendered may take bail in accordance with the provisions of §§ 40-11-101 - 40-11-144 and release the defendant to appear as directed by the officer setting bail. The sheriff or peace officer shall give a numbered receipt to the defendant to mandate an accounting for the bail so taken and within a reasonable time deposit the bail with the clerk of the court having jurisdiction of the offense.
(b) (1) Under this part, it is the responsibility of the sheriff or judicial commissioner to determine the sufficiency of the surety and validity of any bond, and once a sheriff or judicial commissioner has taken bail under this subsection (b), that action shall be presumed to be valid. Once a sheriff or judicial commissioner has taken bail or refused to take bail, the jurisdiction of the court having jurisdiction of the offense shall be limited to the issue of whether the sheriff or judicial commissioner has abused discretion. A surety which meets the requirements of § 40-11-122(1) or (2) shall be deemed sufficient if it is certified by the circuit court clerk of the county where the defendant resides to the sheriff, magistrate, or other appropriate officer in the county where the defendant was arrested, confined or legally surrendered. (2) However, any defendant, claiming that a sheriff or judicial commissioner has acted arbitrarily or capriciously, may, by motion, file an appeal to the court having jurisdiction of the offense. Upon appeal, it is the court's duty to determine whether the sheriff or judicial commissioner has acted arbitrarily or capriciously. (3) This subsection (b) shall not be used to prevent a commercial bonding agency from posting bond for any individual when the commercial bondsman has previously been approved and authorized to make bonds and the bondsman has been so authorized by the presiding judge.
(1) Under this part, it is the responsibility of the sheriff or judicial commissioner to determine the sufficiency of the surety and validity of any bond, and once a sheriff or judicial commissioner has taken bail under this subsection (b), that action shall be presumed to be valid. Once a sheriff or judicial commissioner has taken bail or refused to take bail, the jurisdiction of the court having jurisdiction of the offense shall be limited to the issue of whether the sheriff or judicial commissioner has abused discretion. A surety which meets the requirements of § 40-11-122(1) or (2) shall be deemed sufficient if it is certified by the circuit court clerk of the county where the defendant resides to the sheriff, magistrate, or other appropriate officer in the county where the defendant was arrested, confined or legally surrendered.
(2) However, any defendant, claiming that a sheriff or judicial commissioner has acted arbitrarily or capriciously, may, by motion, file an appeal to the court having jurisdiction of the offense. Upon appeal, it is the court's duty to determine whether the sheriff or judicial commissioner has acted arbitrarily or capriciously.
(3) This subsection (b) shall not be used to prevent a commercial bonding agency from posting bond for any individual when the commercial bondsman has previously been approved and authorized to make bonds and the bondsman has been so authorized by the presiding judge.
(c) Before the sheriff, magistrate or other officer admits to bail and releases a defendant who is arrested for any kidnapping offense involving a hostage or victim, the releasing authority shall make all reasonable and diligent efforts to notify the hostage or victim of the alleged offense that the defendant has been admitted to bail and is being released. If the hostage or victim is under the age of eighteen (18) or otherwise unavailable, the releasing authority shall make all reasonable and diligent efforts to notify the family, if any, of the hostage or victim that the defendant is being released.
Acts 1978, ch. 506, § 6; 1981, ch. 237, § 1; T.C.A., § 40-1206; Acts 1984, ch. 911, § 1; 1988, ch. 648, § 1.
Tenn. Code Ann. § 40-11-151 — TN Code / Title 40 / Chapter 11 / Section 40-11-151
Notice to person employing bail bondsman
Status: in_force

Any person utilizing the services of a professional bail bondsman or bonding agent shall receive a copy of the following notice with the person's bail bond. No changes may be made in the substance of the notice; but minor printing adjustments may be made. The notice may be printed on the face, back or as a separate attachment to the bond. NOTICEIF YOU USE A PROFESSIONAL BONDSMAN: Amount of Charges to You. The premium fee for your bond should not be more than ten percent (10%) of the face amount of your bond. For example, if your bond is $2,500, the premium on the bond should not be more than $250. In addition to this amount, the law also permits a one-time $25 initiation fee, (T.C.A. § 40-11-316 ). Insist on a Receipt. The law, (T.C.A. § 40-11-304 ), requires a bail bondsman to keep a duplicate receipt. The receipt must show the name of the person paying money or pledging property, the name of the person for whom it was paid, the account or purpose for which it is received, and the suit, action or matter in which the money is paid. Collateral That Can Be Required. If a bondsman insists on collateral in addition to the ten percent (10%) premium fee, you may wish to talk to another bondsman. However, a bondsman may accept collateral, and if the bondsman accepts collateral, the bondsman must give you a written receipt for the collateral, and the receipt shall give in detail a full description of the collateral received and the terms of redemption as required by T.C.A. § 40-11-126(8) . A BONDSMAN MAY NOT LOCK YOU BACK UP OR SURRENDER YOU ARBITRARILY OR WITHOUT GOOD CAUSE. GOOD CAUSE MAY INCLUDE YOUR FAILURE TO PERFORM YOUR OBLIGATIONS UNDER THE CONTRACT YOU HAVE WITH YOUR BONDSMAN (T.C.A. § 40-11-126(7) & § 40-11-132 ). Acts 1997 , ch. 245, § 1.
Any person utilizing the services of a professional bail bondsman or bonding agent shall receive a copy of the following notice with the person's bail bond. No changes may be made in the substance of the notice; but minor printing adjustments may be made. The notice may be printed on the face, back or as a separate attachment to the bond.
NOTICEIF YOU USE A PROFESSIONAL BONDSMAN:
Amount of Charges to You. The premium fee for your bond should not be more than ten percent (10%) of the face amount of your bond. For example, if your bond is $2,500, the premium on the bond should not be more than $250. In addition to this amount, the law also permits a one-time $25 initiation fee, (T.C.A. § 40-11-316 ).
Insist on a Receipt. The law, (T.C.A. § 40-11-304 ), requires a bail bondsman to keep a duplicate receipt. The receipt must show the name of the person paying money or pledging property, the name of the person for whom it was paid, the account or purpose for which it is received, and the suit, action or matter in which the money is paid.
Collateral That Can Be Required. If a bondsman insists on collateral in addition to the ten percent (10%) premium fee, you may wish to talk to another bondsman. However, a bondsman may accept collateral, and if the bondsman accepts collateral, the bondsman must give you a written receipt for the collateral, and the receipt shall give in detail a full description of the collateral received and the terms of redemption as required by T.C.A. § 40-11-126(8) .
A BONDSMAN MAY NOT LOCK YOU BACK UP OR SURRENDER YOU ARBITRARILY OR WITHOUT GOOD CAUSE. GOOD CAUSE MAY INCLUDE YOUR FAILURE TO PERFORM YOUR OBLIGATIONS UNDER THE CONTRACT YOU HAVE WITH YOUR BONDSMAN (T.C.A. § 40-11-126(7) & § 40-11-132 ).
Acts 1997 , ch. 245, § 1.
Tenn. Code Ann. § 40-24-101 — TN Code / Title 40 / Chapter 24 / Section 40-24-101
Payment of fines - Manner
Status: in_force

(a) When any court of this state, including municipal courts for violation of municipal ordinances, imposes a fine upon an individual, the court may direct as follows: (1) That the defendant pay the entire amount at the time sentence is pronounced; (2) That the defendant pay the entire amount at some later date; (3) That the defendant pay the fine in specified portions or installments at designated periodic intervals and that the portions be remitted to a designated official, who shall report to the court in the event of any failure to comply with the order; or (4) Where the defendant is sentenced to a period of probation as well as a fine, that payment of the fine be a condition of the sentence. (b) Upon request by an individual on a payment or installment plan with the court clerk, the court clerk shall not require an individual to pay any outstanding court-assessed fines, fees, taxes, or costs arising from a criminal proceeding during the one-hundred-eighty-day period following the individual's release from a term of imprisonment sentence of one (1) year or more for a felony offense. If otherwise unavailable to the court, the individual shall provide documentation of the individual's release date when making this request. This subsection (b) does not apply to restitution owed to a victim. This subsection (b) does not apply to fines, fees, taxes, or costs that have been sent to a collection agency pursuant to § 40-24-105(d) . (c) For the clerk's services in administering any court-approved plan authorizing payment of a fine by installments, the clerk of court shall be entitled to a fee of five percent (5%) of the total amount to be collected, not to exceed fifteen dollars ($15.00); provided, that in counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the fee shall not exceed ten percent (10%) of the total amount to be collected, not to exceed fifteen dollars ($15.00). The clerk's fees shall be added to the defendant's bill of costs. Amended by 2023 Tenn. Acts, ch. 329, s 1, eff. 5/5/2023. Acts 1972, ch. 729, § 1; T.C.A. §§ 40-3201, 40-3207; Acts 1987, ch. 135, § 1; 1995, ch. 456, § 10.
(a) When any court of this state, including municipal courts for violation of municipal ordinances, imposes a fine upon an individual, the court may direct as follows: (1) That the defendant pay the entire amount at the time sentence is pronounced; (2) That the defendant pay the entire amount at some later date; (3) That the defendant pay the fine in specified portions or installments at designated periodic intervals and that the portions be remitted to a designated official, who shall report to the court in the event of any failure to comply with the order; or (4) Where the defendant is sentenced to a period of probation as well as a fine, that payment of the fine be a condition of the sentence.
(1) That the defendant pay the entire amount at the time sentence is pronounced;
(2) That the defendant pay the entire amount at some later date;
(3) That the defendant pay the fine in specified portions or installments at designated periodic intervals and that the portions be remitted to a designated official, who shall report to the court in the event of any failure to comply with the order; or
(4) Where the defendant is sentenced to a period of probation as well as a fine, that payment of the fine be a condition of the sentence.
(b) Upon request by an individual on a payment or installment plan with the court clerk, the court clerk shall not require an individual to pay any outstanding court-assessed fines, fees, taxes, or costs arising from a criminal proceeding during the one-hundred-eighty-day period following the individual's release from a term of imprisonment sentence of one (1) year or more for a felony offense. If otherwise unavailable to the court, the individual shall provide documentation of the individual's release date when making this request. This subsection (b) does not apply to restitution owed to a victim. This subsection (b) does not apply to fines, fees, taxes, or costs that have been sent to a collection agency pursuant to § 40-24-105(d) .
(c) For the clerk's services in administering any court-approved plan authorizing payment of a fine by installments, the clerk of court shall be entitled to a fee of five percent (5%) of the total amount to be collected, not to exceed fifteen dollars ($15.00); provided, that in counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the fee shall not exceed ten percent (10%) of the total amount to be collected, not to exceed fifteen dollars ($15.00). The clerk's fees shall be added to the defendant's bill of costs.
Amended by 2023 Tenn. Acts, ch. 329, s 1, eff. 5/5/2023.
Acts 1972, ch. 729, § 1; T.C.A. §§ 40-3201, 40-3207; Acts 1987, ch. 135, § 1; 1995, ch. 456, § 10.
Tenn. Code Ann. § 40-11-404 — TN Code / Title 40 / Chapter 11 / Section 40-11-404
Courses - Certificate of compliance - Fees
Status: in_force

(a) The Tennessee Association of Professional Bail Agents shall provide all continuing education courses, and shall issue certificates of compliance to certify attendance of the agents to the clerks of the courts. The certificates shall be prepared and delivered to all agents who have completed the requirements by December 15 of the year before filing is required. In no event shall a certificate be issued to an agent who has not completed the attendance requirements for that calendar year. (b) The Tennessee Association of Professional Bail Agents shall either provide or contract for a minimum of eight (8) hours of in-person continuing education classes to be held on a regular basis in each of the grand divisions and may provide additional classes as necessary. The association may also provide or contract for one (1) or more virtual classes. The association is authorized to subcontract with any of its sub associations for classes. A schedule of these classes must be provided to all agents. The association shall not charge more than four hundred fifty dollars ($450) annually for the eight (8) hours of continuing education, and the cost of any course with less than eight (8) hours must be prorated. (c) The fee charged for attending continuing education classes shall not be increased or decreased based upon a person's membership or lack of membership in the Tennessee Association of Professional Bail Agents. Amended by 2023 Tenn. Acts, ch. 417, s 1, eff. 5/11/2023. Acts 1996, ch. 856, § 1; 2000, ch. 749, § 1.
(a) The Tennessee Association of Professional Bail Agents shall provide all continuing education courses, and shall issue certificates of compliance to certify attendance of the agents to the clerks of the courts. The certificates shall be prepared and delivered to all agents who have completed the requirements by December 15 of the year before filing is required. In no event shall a certificate be issued to an agent who has not completed the attendance requirements for that calendar year.
(b) The Tennessee Association of Professional Bail Agents shall either provide or contract for a minimum of eight (8) hours of in-person continuing education classes to be held on a regular basis in each of the grand divisions and may provide additional classes as necessary. The association may also provide or contract for one (1) or more virtual classes. The association is authorized to subcontract with any of its sub associations for classes. A schedule of these classes must be provided to all agents. The association shall not charge more than four hundred fifty dollars ($450) annually for the eight (8) hours of continuing education, and the cost of any course with less than eight (8) hours must be prorated.
(c) The fee charged for attending continuing education classes shall not be increased or decreased based upon a person's membership or lack of membership in the Tennessee Association of Professional Bail Agents.
Amended by 2023 Tenn. Acts, ch. 417, s 1, eff. 5/11/2023.
Acts 1996, ch. 856, § 1; 2000, ch. 749, § 1.
Tenn. Code Ann. § 40-11-402 — TN Code / Title 40 / Chapter 11 / Section 40-11-402
Certificate of compliance
Status: in_force

Each agent shall file annually, along with the first semiannual report as described in § 40-11-303 , a certificate of compliance of continuing education with the clerk of the criminal or civil court of each county in which the agent is furnishing bail or bonds securing costs and fines. This certificate shall show in detail the names, locations, dates and hours of each course attended, along with the signature of the agent attesting that all continuing educational requirements have been completed. Acts 1996, ch. 856, § 1.
Each agent shall file annually, along with the first semiannual report as described in § 40-11-303 , a certificate of compliance of continuing education with the clerk of the criminal or civil court of each county in which the agent is furnishing bail or bonds securing costs and fines. This certificate shall show in detail the names, locations, dates and hours of each course attended, along with the signature of the agent attesting that all continuing educational requirements have been completed.
Acts 1996, ch. 856, § 1.
Tenn. Code Ann. § 40-9-101 — TN Code / Title 40 / Chapter 9 / Section 40-9-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Uniform Criminal Extradition Act." Acts 1951, ch. 240, § 28 (Williams, § 11935.26); T.C.A. (orig. ed.), § 40-1001.
This chapter shall be known and may be cited as the "Uniform Criminal Extradition Act."
Acts 1951, ch. 240, § 28 (Williams, § 11935.26); T.C.A. (orig. ed.), § 40-1001.
Tenn. Code Ann. § 40-16-101 — TN Code / Title 40 / Chapter 16 / Section 40-16-101
Trial by court-martial as bar
Status: in_force

All members of the armed forces of the United States who have been tried and convicted or acquitted by a military court-martial for any offense constituting a misdemeanor under the laws of this state shall be immune from any criminal prosecution in any court of this state for the same offense for which they have been so tried. "Members of the armed forces of the United States" includes all officers and enlisted personnel of the army, navy, air force, marine corps and coast guard while on active duty and also includes any and all persons subject to trial by court-martial under the Uniform Code of Military Justice, whether a civilian, reservist, or member of any other federal agency. Acts 1953, ch. 108, §§ 1, 2 (Williams, § 11744.1); T.C.A. (orig. ed.), § 40-2305.
All members of the armed forces of the United States who have been tried and convicted or acquitted by a military court-martial for any offense constituting a misdemeanor under the laws of this state shall be immune from any criminal prosecution in any court of this state for the same offense for which they have been so tried. "Members of the armed forces of the United States" includes all officers and enlisted personnel of the army, navy, air force, marine corps and coast guard while on active duty and also includes any and all persons subject to trial by court-martial under the Uniform Code of Military Justice, whether a civilian, reservist, or member of any other federal agency.
Acts 1953, ch. 108, §§ 1, 2 (Williams, § 11744.1); T.C.A. (orig. ed.), § 40-2305.
Tenn. Code Ann. § 40-9-102 — TN Code / Title 40 / Chapter 9 / Section 40-9-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Executive authority" includes the governor, and any person performing the functions of governor in a state other than this state; (2) "Governor" includes any person performing the functions of governor by authority of the law of this state; and (3) "State," referring to a state other than this state, refers to any other state or territory organized or unorganized of the United States. Acts 1951, ch. 240, § 1 (Williams, § 11935.1); T.C.A. (orig. ed.), § 40-1002.
As used in this chapter, unless the context otherwise requires:
(1) "Executive authority" includes the governor, and any person performing the functions of governor in a state other than this state;
(2) "Governor" includes any person performing the functions of governor by authority of the law of this state; and
(3) "State," referring to a state other than this state, refers to any other state or territory organized or unorganized of the United States.
Acts 1951, ch. 240, § 1 (Williams, § 11935.1); T.C.A. (orig. ed.), § 40-1002.
Tenn. Code Ann. § 40-25-113 — TN Code / Title 40 / Chapter 25 / Section 40-25-113
Certification of items in bill of costs
Status: in_force

(a) It is the duty of the clerk of the court in which a criminal action has been tried, or costs accrued, to examine bills of costs. The court may also hear testimony in regard to the items, if necessary, and, if the charges are legal and duly proved, to certify the fact thereon. (b) In making such certificate, the clerk of the court shall certify the aggregate amount of each bill of cost, writing the aggregate amount in both words and figures, and no bill of cost shall be paid unless so certified. Code 1858, § 5571 (deriv. Acts 1827, ch. 48, § 1; 1832, ch. 7); Acts 1897, ch. 29, § 1; Shan., § 7598; Code 1932, §12225; modified; T.C.A. (orig. ed.), §40-3315; Acts 1983, ch. 396, § 1.
(a) It is the duty of the clerk of the court in which a criminal action has been tried, or costs accrued, to examine bills of costs. The court may also hear testimony in regard to the items, if necessary, and, if the charges are legal and duly proved, to certify the fact thereon.
(b) In making such certificate, the clerk of the court shall certify the aggregate amount of each bill of cost, writing the aggregate amount in both words and figures, and no bill of cost shall be paid unless so certified.
Code 1858, § 5571 (deriv. Acts 1827, ch. 48, § 1; 1832, ch. 7); Acts 1897, ch. 29, § 1; Shan., § 7598; Code 1932, §12225; modified; T.C.A. (orig. ed.), §40-3315; Acts 1983, ch. 396, § 1.
Tenn. Code Ann. § 40-30-403 — TN Code / Title 40 / Chapter 30 / Section 40-30-403
Petition requesting analysis
Status: in_force

(a) Notwithstanding part 1 of this chapter, or any other law governing post-conviction relief to the contrary, any appropriate party may, at any time, file a petition requesting the performance of fingerprint analysis of any evidence that is in the possession or control of the prosecution, law enforcement, laboratory, or court, and that is related to the investigation or prosecution that resulted in a judgment of conviction and that may contain fingerprint evidence. (b) As used in this section, "any appropriate party" means: (1) A court on its own motion; (2) A district attorney general; or (3) A person convicted of and sentenced for the commission or attempted commission of: (A) First degree murder; (B) A Class A felony; (C) A Class B felony; (D) Any lesser included offense of an offense in subdivisions (b)(3)(A)-(C); or (E) Any other offense, at the direction of the court. Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
(a) Notwithstanding part 1 of this chapter, or any other law governing post-conviction relief to the contrary, any appropriate party may, at any time, file a petition requesting the performance of fingerprint analysis of any evidence that is in the possession or control of the prosecution, law enforcement, laboratory, or court, and that is related to the investigation or prosecution that resulted in a judgment of conviction and that may contain fingerprint evidence.
(b) As used in this section, "any appropriate party" means: (1) A court on its own motion; (2) A district attorney general; or (3) A person convicted of and sentenced for the commission or attempted commission of: (A) First degree murder; (B) A Class A felony; (C) A Class B felony; (D) Any lesser included offense of an offense in subdivisions (b)(3)(A)-(C); or (E) Any other offense, at the direction of the court.
(1) A court on its own motion;
(2) A district attorney general; or
(3) A person convicted of and sentenced for the commission or attempted commission of: (A) First degree murder; (B) A Class A felony; (C) A Class B felony; (D) Any lesser included offense of an offense in subdivisions (b)(3)(A)-(C); or (E) Any other offense, at the direction of the court.
(A) First degree murder;
(B) A Class A felony;
(C) A Class B felony;
(D) Any lesser included offense of an offense in subdivisions (b)(3)(A)-(C); or
(E) Any other offense, at the direction of the court.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 40-11-137 — TN Code / Title 40 / Chapter 11 / Section 40-11-137
Duty of bail bondsman or surety upon surrendering defendant - Hearing
Status: in_force

(a) Upon surrendering the defendant, the bail bondsman or surety shall, as soon as is reasonably practicable, go before any court having jurisdiction authorized to admit to bail, and notify the officer of the surrender. (b) (1) Any court having jurisdiction so notified shall have the defendant brought before it as soon as practicable, and within seventy-two (72) hours, and determine whether or not the surrender was for good cause. (2) (A) If the court having jurisdiction finds that the surrender was arbitrary or not for good cause, it may order the defendant rereleased upon the same undertaking or impose other conditions as provided by law. (B) If the surrender is found to be for good cause, the court having jurisdiction shall approve the surrender by endorsement upon the bail bond or by other writing, and it shall be the duty of the surrendering bail bondsman to deliver the written approval or copy of the approval to the sheriff. (3) This subsection (b) shall not apply where a surrender is based on a conditional or final judgment of forfeiture issued by the court having jurisdiction over the defendant. (c) The court shall fix the amount of premium to be refunded, if any. Acts 1978, ch. 506, § 29; T.C.A., § 40-1237; Acts 2012 , ch. 685, § 1.
(a) Upon surrendering the defendant, the bail bondsman or surety shall, as soon as is reasonably practicable, go before any court having jurisdiction authorized to admit to bail, and notify the officer of the surrender.
(b) (1) Any court having jurisdiction so notified shall have the defendant brought before it as soon as practicable, and within seventy-two (72) hours, and determine whether or not the surrender was for good cause. (2) (A) If the court having jurisdiction finds that the surrender was arbitrary or not for good cause, it may order the defendant rereleased upon the same undertaking or impose other conditions as provided by law. (B) If the surrender is found to be for good cause, the court having jurisdiction shall approve the surrender by endorsement upon the bail bond or by other writing, and it shall be the duty of the surrendering bail bondsman to deliver the written approval or copy of the approval to the sheriff. (3) This subsection (b) shall not apply where a surrender is based on a conditional or final judgment of forfeiture issued by the court having jurisdiction over the defendant.
(1) Any court having jurisdiction so notified shall have the defendant brought before it as soon as practicable, and within seventy-two (72) hours, and determine whether or not the surrender was for good cause.
(2) (A) If the court having jurisdiction finds that the surrender was arbitrary or not for good cause, it may order the defendant rereleased upon the same undertaking or impose other conditions as provided by law. (B) If the surrender is found to be for good cause, the court having jurisdiction shall approve the surrender by endorsement upon the bail bond or by other writing, and it shall be the duty of the surrendering bail bondsman to deliver the written approval or copy of the approval to the sheriff.
(A) If the court having jurisdiction finds that the surrender was arbitrary or not for good cause, it may order the defendant rereleased upon the same undertaking or impose other conditions as provided by law.
(B) If the surrender is found to be for good cause, the court having jurisdiction shall approve the surrender by endorsement upon the bail bond or by other writing, and it shall be the duty of the surrendering bail bondsman to deliver the written approval or copy of the approval to the sheriff.
(3) This subsection (b) shall not apply where a surrender is based on a conditional or final judgment of forfeiture issued by the court having jurisdiction over the defendant.
(c) The court shall fix the amount of premium to be refunded, if any.
Acts 1978, ch. 506, § 29; T.C.A., § 40-1237; Acts 2012 , ch. 685, § 1.
Tenn. Code Ann. § 40-29-109 — TN Code / Title 40 / Chapter 29 / Section 40-29-109
Effect of previous conviction of criminal offense on cause of action for negligent hiring, training, retention, or supervision of an employee or independent contractor
Status: in_force

(a) A cause of action may not be brought against an employer or contracting party for negligent hiring, training, retention, or supervision of an employee or independent contractor based solely upon the fact that the employee or independent contractor has been previously convicted of a criminal offense. (b) In a cause of action against an employer or contracting party for negligent hiring, training, retention, or supervision of an employee or independent contractor, evidence that the employee or independent contractor has been previously convicted of a criminal offense is not admissible. (c) Subsections (a) and (b) do not apply when: (1) (A) The employer or contracting party knew or reasonably should have known of the employee's or independent contractor's prior conviction; and (B) The employee or independent contractor was previously convicted of: (i) An offense that was committed while performing duties substantially similar to those reasonably expected to be performed in the employment or under the contract, or under conditions substantially similar to those reasonably expected to be encountered in the employment or under the contract; or (ii) A violent offense, as defined in § 40-35-120(b) , or a violent sexual offense, as defined in § 40-39-202 ; or (2) (A) The cause of action concerns the misuse by an employee or independent contractor of the funds or property of a person other than the employer or contracting party; (B) On the date the employee or independent contractor was hired, the employee or independent contractor had been previously convicted of an offense an element of which includes fraud or the misuse of funds or property; and (C) The employer or contracting party should have reasonably foreseen that the position for which the employee or independent contractor was being hired would involve managing the funds or property of a person other than the employer or contracting party. (d) This section does not create a cause of action or expand an existing cause of action. Added by 2021 Tenn. Acts, ch. 410, s 17, eff. 5/12/2021.
(a) A cause of action may not be brought against an employer or contracting party for negligent hiring, training, retention, or supervision of an employee or independent contractor based solely upon the fact that the employee or independent contractor has been previously convicted of a criminal offense.
(b) In a cause of action against an employer or contracting party for negligent hiring, training, retention, or supervision of an employee or independent contractor, evidence that the employee or independent contractor has been previously convicted of a criminal offense is not admissible.
(c) Subsections (a) and (b) do not apply when: (1) (A) The employer or contracting party knew or reasonably should have known of the employee's or independent contractor's prior conviction; and (B) The employee or independent contractor was previously convicted of: (i) An offense that was committed while performing duties substantially similar to those reasonably expected to be performed in the employment or under the contract, or under conditions substantially similar to those reasonably expected to be encountered in the employment or under the contract; or (ii) A violent offense, as defined in § 40-35-120(b) , or a violent sexual offense, as defined in § 40-39-202 ; or (2) (A) The cause of action concerns the misuse by an employee or independent contractor of the funds or property of a person other than the employer or contracting party; (B) On the date the employee or independent contractor was hired, the employee or independent contractor had been previously convicted of an offense an element of which includes fraud or the misuse of funds or property; and (C) The employer or contracting party should have reasonably foreseen that the position for which the employee or independent contractor was being hired would involve managing the funds or property of a person other than the employer or contracting party.
(1) (A) The employer or contracting party knew or reasonably should have known of the employee's or independent contractor's prior conviction; and (B) The employee or independent contractor was previously convicted of: (i) An offense that was committed while performing duties substantially similar to those reasonably expected to be performed in the employment or under the contract, or under conditions substantially similar to those reasonably expected to be encountered in the employment or under the contract; or (ii) A violent offense, as defined in § 40-35-120(b) , or a violent sexual offense, as defined in § 40-39-202 ; or
(A) The employer or contracting party knew or reasonably should have known of the employee's or independent contractor's prior conviction; and
(B) The employee or independent contractor was previously convicted of: (i) An offense that was committed while performing duties substantially similar to those reasonably expected to be performed in the employment or under the contract, or under conditions substantially similar to those reasonably expected to be encountered in the employment or under the contract; or (ii) A violent offense, as defined in § 40-35-120(b) , or a violent sexual offense, as defined in § 40-39-202 ; or
(i) An offense that was committed while performing duties substantially similar to those reasonably expected to be performed in the employment or under the contract, or under conditions substantially similar to those reasonably expected to be encountered in the employment or under the contract; or
(ii) A violent offense, as defined in § 40-35-120(b) , or a violent sexual offense, as defined in § 40-39-202 ; or
(2) (A) The cause of action concerns the misuse by an employee or independent contractor of the funds or property of a person other than the employer or contracting party; (B) On the date the employee or independent contractor was hired, the employee or independent contractor had been previously convicted of an offense an element of which includes fraud or the misuse of funds or property; and (C) The employer or contracting party should have reasonably foreseen that the position for which the employee or independent contractor was being hired would involve managing the funds or property of a person other than the employer or contracting party.
(A) The cause of action concerns the misuse by an employee or independent contractor of the funds or property of a person other than the employer or contracting party;
(B) On the date the employee or independent contractor was hired, the employee or independent contractor had been previously convicted of an offense an element of which includes fraud or the misuse of funds or property; and
(C) The employer or contracting party should have reasonably foreseen that the position for which the employee or independent contractor was being hired would involve managing the funds or property of a person other than the employer or contracting party.
(d) This section does not create a cause of action or expand an existing cause of action.
Added by 2021 Tenn. Acts, ch. 410, s 17, eff. 5/12/2021.
Tenn. Code Ann. § 40-25-101 — TN Code / Title 40 / Chapter 25 / Section 40-25-101
Application of general provisions as to fees
Status: in_force

Title 8, chapters 21-24 and 26 applies to this chapter, unless otherwise specifically provided. Code 1858, §5560; Shan., § 7582; Code 1932, § 12210; T.C.A. (orig. ed.), § 40-3301.
Title 8, chapters 21-24 and 26 applies to this chapter, unless otherwise specifically provided.
Code 1858, §5560; Shan., § 7582; Code 1932, § 12210; T.C.A. (orig. ed.), § 40-3301.
Tenn. Code Ann. § 40-35-310 — TN Code / Title 40 / Chapter 35 / Section 40-35-310
Revocation of suspension of sentence - Resentence to community-based alternative to incarceration
Status: in_force

(a) The trial judge shall possess the power, at any time within the maximum time that was directed and ordered by the court for the suspension, in accordance with § 40-35-311 , to revoke the suspension. The trial judge may order the original judgment to be in full force and effect from the date of the revocation of the suspension and may give credit against the original judgment by the amount of time the defendant has successfully served on probation and suspension of sentence prior to the violation or a portion of that amount of time. If the trial judge revokes the suspension due to conduct by the defendant that resulted in a conviction against the defendant during the defendant's period of probation, then the trial judge may order that the term of imprisonment imposed by the original judgment be served consecutively to any sentence that was imposed upon the conviction. (b) In addition to the power to restore the original judgment, which may be reduced by an amount of time not to exceed the amount of time the defendant has successfully served on probation and suspension of sentence prior to the violation, when suspension of sentence is revoked, the trial judge may also resentence the defendant for the remainder of the unexpired term to a sentence of probation, including the condition of participating in a community-based alternative to incarceration as provided in § 40-35-104(c)(9) ; provided, that the violation of the defendant's suspension of sentence is a technical one and does not involve the commission of a new offense. Amended by 2021 Tenn. Acts, ch. 409, s 23, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 409, Secs.s18, s22 eff. 7/1/2021. Acts 1989, ch. 591, § 6; 2009 , ch. 203, § 2.
(a) The trial judge shall possess the power, at any time within the maximum time that was directed and ordered by the court for the suspension, in accordance with § 40-35-311 , to revoke the suspension. The trial judge may order the original judgment to be in full force and effect from the date of the revocation of the suspension and may give credit against the original judgment by the amount of time the defendant has successfully served on probation and suspension of sentence prior to the violation or a portion of that amount of time. If the trial judge revokes the suspension due to conduct by the defendant that resulted in a conviction against the defendant during the defendant's period of probation, then the trial judge may order that the term of imprisonment imposed by the original judgment be served consecutively to any sentence that was imposed upon the conviction.
(b) In addition to the power to restore the original judgment, which may be reduced by an amount of time not to exceed the amount of time the defendant has successfully served on probation and suspension of sentence prior to the violation, when suspension of sentence is revoked, the trial judge may also resentence the defendant for the remainder of the unexpired term to a sentence of probation, including the condition of participating in a community-based alternative to incarceration as provided in § 40-35-104(c)(9) ; provided, that the violation of the defendant's suspension of sentence is a technical one and does not involve the commission of a new offense.
Amended by 2021 Tenn. Acts, ch. 409, s 23, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 409, Secs.s18, s22 eff. 7/1/2021.
Acts 1989, ch. 591, § 6; 2009 , ch. 203, § 2.
Tenn. Code Ann. § 40-11-122 — TN Code / Title 40 / Chapter 11 / Section 40-11-122
Bail bond secured by real estate or sureties
Status: in_force

In lieu of the bail deposit provided for in § 40-11-118 , any defendant for whom bail has been set may execute a bail bond which may be secured as provided in this section. The bail bond may be secured by: (1) Real estate situated in this state with nonexempt unencumbered equity owned by the defendant or the defendant's surety worth one and one-half (1½) times the amount of bail set. If the bail bond is secured by real estate, the defendant or the defendant's surety shall execute a deed of trust conveying the real estate in trust to the clerk who shall immediately file the deed of trust in the office of the register of the county in which the real estate is situated. The costs of preparation of the deed of trust and recordation shall be paid by the defendant; (2) A written undertaking signed by the defendant and at least two (2) sufficient sureties, and approved by the magistrate or officer. Sureties under this section shall not be professional bondsmen or attorneys; or (3) A solvent corporate surety or sureties or a professional bail bondsman as approved, qualified or regulated by §§ 40-11-101 - 40-11-144 and part 3 of this chapter. No bond shall be approved unless the surety on the bond appears to be qualified. Acts 1978, ch. 506, § 22; T.C.A., § 40-1222.
In lieu of the bail deposit provided for in § 40-11-118 , any defendant for whom bail has been set may execute a bail bond which may be secured as provided in this section. The bail bond may be secured by:
(1) Real estate situated in this state with nonexempt unencumbered equity owned by the defendant or the defendant's surety worth one and one-half (1½) times the amount of bail set. If the bail bond is secured by real estate, the defendant or the defendant's surety shall execute a deed of trust conveying the real estate in trust to the clerk who shall immediately file the deed of trust in the office of the register of the county in which the real estate is situated. The costs of preparation of the deed of trust and recordation shall be paid by the defendant;
(2) A written undertaking signed by the defendant and at least two (2) sufficient sureties, and approved by the magistrate or officer. Sureties under this section shall not be professional bondsmen or attorneys; or
(3) A solvent corporate surety or sureties or a professional bail bondsman as approved, qualified or regulated by §§ 40-11-101 - 40-11-144 and part 3 of this chapter. No bond shall be approved unless the surety on the bond appears to be qualified.
Acts 1978, ch. 506, § 22; T.C.A., § 40-1222.
Tenn. Code Ann. § 40-25-109 — TN Code / Title 40 / Chapter 25 / Section 40-25-109
Fees on unserved process
Status: in_force

No fee is allowed the sheriff or other executive officer, upon the return of any kind of criminal process or subpoena "not found," unless the officer makes oath before the clerk that the officer has been to the residence of the person mentioned in the process, or at the place where the person last resided in that county, or that the person has not resided in the county for twelve (12) months. Code 1858, § 5567 (deriv. Acts 1843-1844, ch. 215, §§ 10, 12); Shan., § 7591; Code 1932, § 12218; T.C.A. (orig. ed.), § 40-3309.
No fee is allowed the sheriff or other executive officer, upon the return of any kind of criminal process or subpoena "not found," unless the officer makes oath before the clerk that the officer has been to the residence of the person mentioned in the process, or at the place where the person last resided in that county, or that the person has not resided in the county for twelve (12) months.
Code 1858, § 5567 (deriv. Acts 1843-1844, ch. 215, §§ 10, 12); Shan., § 7591; Code 1932, § 12218; T.C.A. (orig. ed.), § 40-3309.
Tenn. Code Ann. § 40-14-106 — TN Code / Title 40 / Chapter 14 / Section 40-14-106
Time before trial - Capital offenses
Status: in_force

Every person accused of any offense for which the punishment may be death shall be entitled to twenty-one (21) full days, Sundays and legal holidays excluded, after arrest and the return of the indictment or presentment before being tried for the offense. Acts 1949, ch. 189, § 2; mod. C. Supp. 1950, § 11736.1 (Williams, § 11760.2); Acts 1976, ch. 482, § 2; T.C.A. (orig. ed.), § 40-2006.
Every person accused of any offense for which the punishment may be death shall be entitled to twenty-one (21) full days, Sundays and legal holidays excluded, after arrest and the return of the indictment or presentment before being tried for the offense.
Acts 1949, ch. 189, § 2; mod. C. Supp. 1950, § 11736.1 (Williams, § 11760.2); Acts 1976, ch. 482, § 2; T.C.A. (orig. ed.), § 40-2006.
Tenn. Code Ann. § 40-33-109 — TN Code / Title 40 / Chapter 33 / Section 40-33-109
Claim not filed - Disposition of conveyance
Status: in_force

If no claim is interposed, the conveyance shall be forfeited without further proceedings and the conveyance shall be sold or disposed of as provided in this part. The procedure in § 40-33-108 is the sole remedy of any claimant, and no court shall have jurisdiction to interfere therewith by replevin, injunction, supersedeas or in any other manner. Acts 1977, ch. 81, § 4; T.C.A., § 40-4109.
If no claim is interposed, the conveyance shall be forfeited without further proceedings and the conveyance shall be sold or disposed of as provided in this part. The procedure in § 40-33-108 is the sole remedy of any claimant, and no court shall have jurisdiction to interfere therewith by replevin, injunction, supersedeas or in any other manner.
Acts 1977, ch. 81, § 4; T.C.A., § 40-4109.
Tenn. Code Ann. § 40-29-101 — TN Code / Title 40 / Chapter 29 / Section 40-29-101
Jurisdiction - Time of application
Status: in_force

(a) Persons rendered infamous or deprived of the rights of citizenship by the judgment of any state or federal court may have their full rights of citizenship restored by the circuit court. (b) Those pardoned, if the pardon does restore full rights of citizenship, may petition for restoration immediately after the pardon; provided, that a court shall not have jurisdiction to alter, delete or render void special conditions of a pardon pertaining to the right of suffrage. (c) Those convicted of an infamous crime may petition for restoration upon the expiration of the maximum sentence imposed for the infamous crime. Code 1858, § 1994 (deriv. Acts 1851-1852, ch. 30, § 1); Shan., § 3635; Code 1932, § 7183; Acts 1981, ch. 345, § 7; T.C.A. (orig. ed.), § 40-3701; Acts 1983, ch. 207, § 2.
(a) Persons rendered infamous or deprived of the rights of citizenship by the judgment of any state or federal court may have their full rights of citizenship restored by the circuit court.
(b) Those pardoned, if the pardon does restore full rights of citizenship, may petition for restoration immediately after the pardon; provided, that a court shall not have jurisdiction to alter, delete or render void special conditions of a pardon pertaining to the right of suffrage.
(c) Those convicted of an infamous crime may petition for restoration upon the expiration of the maximum sentence imposed for the infamous crime.
Code 1858, § 1994 (deriv. Acts 1851-1852, ch. 30, § 1); Shan., § 3635; Code 1932, § 7183; Acts 1981, ch. 345, § 7; T.C.A. (orig. ed.), § 40-3701; Acts 1983, ch. 207, § 2.
Tenn. Code Ann. § 40-28-302 — TN Code / Title 40 / Chapter 28 / Section 40-28-302
Policy on community supervision
Status: in_force

Supervised individuals shall be subject to: (1) Violation revocation proceedings and possible incarceration for failure to comply with the conditions of supervision when such failure constitutes a significant risk to prior victims of the supervised individual or the community at large and cannot be appropriately managed in the community; or (2) Sanctions other than revocation as appropriate to the severity of the violation behavior, the risk of future criminal behavior by the offender, and the need for, and availability of, interventions which may assist the offender to remain compliant and crime-free in the community. Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
Supervised individuals shall be subject to:
(1) Violation revocation proceedings and possible incarceration for failure to comply with the conditions of supervision when such failure constitutes a significant risk to prior victims of the supervised individual or the community at large and cannot be appropriately managed in the community; or
(2) Sanctions other than revocation as appropriate to the severity of the violation behavior, the risk of future criminal behavior by the offender, and the need for, and availability of, interventions which may assist the offender to remain compliant and crime-free in the community.
Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
Tenn. Code Ann. § 40-17-109 — TN Code / Title 40 / Chapter 17 / Section 40-17-109
Service of subpoena
Status: in_force

The subpoena is served by the same officers as the subpoena in civil cases. Code 1858, § 5384; Shan., § 7362; mod. Code 1932, § 11969; T.C.A. (orig. ed.), § 40-2415.
The subpoena is served by the same officers as the subpoena in civil cases.
Code 1858, § 5384; Shan., § 7362; mod. Code 1932, § 11969; T.C.A. (orig. ed.), § 40-2415.
Tenn. Code Ann. § 40-25-106 — TN Code / Title 40 / Chapter 25 / Section 40-25-106
Witnesses living near court
Status: in_force

Neither the state nor any county of the state shall pay or be liable in any criminal case or prosecution for the fees, costs or mileage that may accrue in favor of any witness who, at the time of attendance as a witness before any court, grand jury or magistrate, resides within five (5) miles of the place where the person attends as a witness. Acts 1897, ch. 20, § 2; Shan., § 7622a2; Code 1932, § 12251; T.C.A. (orig. ed.), § 40-3306.
Neither the state nor any county of the state shall pay or be liable in any criminal case or prosecution for the fees, costs or mileage that may accrue in favor of any witness who, at the time of attendance as a witness before any court, grand jury or magistrate, resides within five (5) miles of the place where the person attends as a witness.
Acts 1897, ch. 20, § 2; Shan., § 7622a2; Code 1932, § 12251; T.C.A. (orig. ed.), § 40-3306.
Tenn. Code Ann. § 40-8-102 — TN Code / Title 40 / Chapter 8 / Section 40-8-102
Reward for persons obstructing railroad tracks
Status: in_force

The governor shall, when officially informed that an obstruction has been placed upon any railroad track by any person, for the purpose of derailing the locomotive, tender or cars, offer a reward for the offender's apprehension and conviction. Code 1858, §§ 184, 5336 (deriv. Acts 1855-1856, ch. 94, § 11); Shan., §§ 234, 7314; Code 1932, §§ 176, 11916; T.C.A. (orig. ed.), § 40-902.
The governor shall, when officially informed that an obstruction has been placed upon any railroad track by any person, for the purpose of derailing the locomotive, tender or cars, offer a reward for the offender's apprehension and conviction.
Code 1858, §§ 184, 5336 (deriv. Acts 1855-1856, ch. 94, § 11); Shan., §§ 234, 7314; Code 1932, §§ 176, 11916; T.C.A. (orig. ed.), § 40-902.
Tenn. Code Ann. § 40-30-303 — TN Code / Title 40 / Chapter 30 / Section 40-30-303
Petition requesting analysis
Status: in_force

Notwithstanding part 1 of this chapter, or any other provision of law governing post-conviction relief to the contrary, a person convicted of and sentenced for the commission of first degree murder, second degree murder, aggravated rape, rape, aggravated sexual battery or rape of a child, the attempted commission of any of these offenses, any lesser included offense of these offenses, or, at the direction of the trial judge, any other offense, may at any time, file a petition requesting the forensic DNA analysis of any evidence that is in the possession or control of the prosecution, law enforcement, laboratory, or court, and that is related to the investigation or prosecution that resulted in the judgment of conviction and that may contain biological evidence. Acts 2001, ch. 444, § 1; T.C.A. § 40-30-403.
Notwithstanding part 1 of this chapter, or any other provision of law governing post-conviction relief to the contrary, a person convicted of and sentenced for the commission of first degree murder, second degree murder, aggravated rape, rape, aggravated sexual battery or rape of a child, the attempted commission of any of these offenses, any lesser included offense of these offenses, or, at the direction of the trial judge, any other offense, may at any time, file a petition requesting the forensic DNA analysis of any evidence that is in the possession or control of the prosecution, law enforcement, laboratory, or court, and that is related to the investigation or prosecution that resulted in the judgment of conviction and that may contain biological evidence.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-403.
Tenn. Code Ann. § 40-23-115 — TN Code / Title 40 / Chapter 23 / Section 40-23-115
Maintenance of death chamber
Status: in_force

The commissioner of correction shall ensure that a permanent and suitable death chamber is kept and maintained within a penitentiary of this state, as defined in § 41-1-101(b) , and that an electrical apparatus, together with all necessary appliances sufficient for the infliction of punishment of death as provided in § 40-23-114 , is kept and maintained in the death chamber. Acts 1913 (1st Ex. Sess.), ch. 36, § 2; Shan., § 7204a2; mod. Code 1932, § 11791; T.C.A. (orig. ed.), § 40-3118; Acts 1985 (1st Ex. Sess.), ch. 5, § 15.
The commissioner of correction shall ensure that a permanent and suitable death chamber is kept and maintained within a penitentiary of this state, as defined in § 41-1-101(b) , and that an electrical apparatus, together with all necessary appliances sufficient for the infliction of punishment of death as provided in § 40-23-114 , is kept and maintained in the death chamber.
Acts 1913 (1st Ex. Sess.), ch. 36, § 2; Shan., § 7204a2; mod. Code 1932, § 11791; T.C.A. (orig. ed.), § 40-3118; Acts 1985 (1st Ex. Sess.), ch. 5, § 15.
Tenn. Code Ann. § 40-11-144 — TN Code / Title 40 / Chapter 11 / Section 40-11-144
Review of release decision
Status: in_force

(a) The actions by a trial court from which an appeal lies to the supreme court or court of criminal appeals in granting, denying, setting or altering conditions of the defendant's release shall be reviewable in the manner provided in the Tennessee Rules of Appellate Procedure. (b) If the action to be reviewed is that of a court from which an appeal lies to a court inferior to the supreme court or court of criminal appeals, review shall be sought in the next higher court upon writ of certiorari. Acts 1978, ch. 506, § 45; 1981, ch. 449, § 2; T.C.A., § 40-1244.
(a) The actions by a trial court from which an appeal lies to the supreme court or court of criminal appeals in granting, denying, setting or altering conditions of the defendant's release shall be reviewable in the manner provided in the Tennessee Rules of Appellate Procedure.
(b) If the action to be reviewed is that of a court from which an appeal lies to a court inferior to the supreme court or court of criminal appeals, review shall be sought in the next higher court upon writ of certiorari.
Acts 1978, ch. 506, § 45; 1981, ch. 449, § 2; T.C.A., § 40-1244.
Tenn. Code Ann. § 40-18-108 — TN Code / Title 40 / Chapter 18 / Section 40-18-108
Discharge of jury
Status: in_force

A final adjournment of the court discharges the jury. Code 1858, §§ 5218, 5219; Shan., §§ 7191, 7192; Code 1932, §§11754, 11755; T.C.A. (orig. ed.), §§40-2513, 40-2514; Acts 2008 , ch. 1159, § 4.
A final adjournment of the court discharges the jury.
Code 1858, §§ 5218, 5219; Shan., §§ 7191, 7192; Code 1932, §§11754, 11755; T.C.A. (orig. ed.), §§40-2513, 40-2514; Acts 2008 , ch. 1159, § 4.
Tenn. Code Ann. § 40-38-503 — TN Code / Title 40 / Chapter 38 / Section 40-38-503
Purpose
Status: in_force

Notwithstanding its association with the Tennessee sheriffs' association, the purpose of the victim notification system is to increase the safety of victims of crime by providing access to timely and reliable information about the custody status of offenders in county jails. This information in the victim notification system shall be available twenty-four (24) hours a day over the telephone, through the internet or by e-mail. Victims of crime and other concerned citizens can register to be notified immediately in the event of an offender's release, transfer or escape. Acts 2009, ch. 488, § 2.
Notwithstanding its association with the Tennessee sheriffs' association, the purpose of the victim notification system is to increase the safety of victims of crime by providing access to timely and reliable information about the custody status of offenders in county jails. This information in the victim notification system shall be available twenty-four (24) hours a day over the telephone, through the internet or by e-mail. Victims of crime and other concerned citizens can register to be notified immediately in the event of an offender's release, transfer or escape.
Acts 2009, ch. 488, § 2.
Tenn. Code Ann. § 40-8-103 — TN Code / Title 40 / Chapter 8 / Section 40-8-103
Conditions for reward
Status: in_force

(a) No person is entitled to the reward offered under §§ 40-8-101 and 40-8-102 until the offender is delivered to the civil authority, and confined in jail or admitted to bail. (b) No person is entitled to the reward unless the offender is apprehended within five (5) years from the date of the governor's proclamation, and before the prosecution of the offense is barred by lapse of time. Code 1858, §§ 5337, 5338; Shan., §§ 7315, 7316; Code 1932, § 11918; T.C.A. (orig. ed.), §§ 40-903, 40-904.
(a) No person is entitled to the reward offered under §§ 40-8-101 and 40-8-102 until the offender is delivered to the civil authority, and confined in jail or admitted to bail.
(b) No person is entitled to the reward unless the offender is apprehended within five (5) years from the date of the governor's proclamation, and before the prosecution of the offense is barred by lapse of time.
Code 1858, §§ 5337, 5338; Shan., §§ 7315, 7316; Code 1932, § 11918; T.C.A. (orig. ed.), §§ 40-903, 40-904.
Tenn. Code Ann. § 40-3-208 — TN Code / Title 40 / Chapter 3 / Section 40-3-208
Immunity of officials and employees
Status: in_force

The district attorney general and assistant district attorneys general, district attorney general's investigators, district attorney general's secretaries and any other employee of the district attorney general shall not be civilly or criminally liable for acts performed pursuant to this part or in furtherance of the purposes of this part except as those acts relate to expenditure of and accounting for moneys collected under this part. Acts 1984, ch. 998, § 9; 2003, ch. 291, § 3.
The district attorney general and assistant district attorneys general, district attorney general's investigators, district attorney general's secretaries and any other employee of the district attorney general shall not be civilly or criminally liable for acts performed pursuant to this part or in furtherance of the purposes of this part except as those acts relate to expenditure of and accounting for moneys collected under this part.
Acts 1984, ch. 998, § 9; 2003, ch. 291, § 3.
Tenn. Code Ann. § 40-11-145 — TN Code / Title 40 / Chapter 11 / Section 40-11-145
"Guaranteed arrest or bail bond certificate" defined
Status: in_force

As used in this section and § 40-11-146 , "guaranteed arrest or bail bond certificate" means a printed card or other certificate issued by an association to any of its members, which is signed by the member and contains a printed statement that the association and the surety company are both licensed to do business in this state and that the guaranteed arrest or bail bond certificate is issued pursuant to the terms of this section and § 40-11-146 , and: (1) The bond guarantees the appearance of the person whose signature appears on the card or certificate; and (2) That the surety company will, in the event of the failure of the person to appear in court at the time set for appearance, pay any fine or forfeiture imposed upon the person in an amount not to exceed one thousand dollars ($1,000). Acts 1967, ch. 292, § 1; T.C.A., §§ 40-1241, 40-1245; Acts 1984, ch. 620, § 1; 1992, ch. 688, § 1.
As used in this section and § 40-11-146 , "guaranteed arrest or bail bond certificate" means a printed card or other certificate issued by an association to any of its members, which is signed by the member and contains a printed statement that the association and the surety company are both licensed to do business in this state and that the guaranteed arrest or bail bond certificate is issued pursuant to the terms of this section and § 40-11-146 , and:
(1) The bond guarantees the appearance of the person whose signature appears on the card or certificate; and
(2) That the surety company will, in the event of the failure of the person to appear in court at the time set for appearance, pay any fine or forfeiture imposed upon the person in an amount not to exceed one thousand dollars ($1,000).
Acts 1967, ch. 292, § 1; T.C.A., §§ 40-1241, 40-1245; Acts 1984, ch. 620, § 1; 1992, ch. 688, § 1.
Tenn. Code Ann. § 40-30-119 — TN Code / Title 40 / Chapter 30 / Section 40-30-119
Bail during new trial or delayed appeal - Exception
Status: in_force

When a new trial or delayed appeal is granted, release on bail shall be determined by the trial judge as provided by law pending further proceedings. In all other cases, the petitioner shall not be entitled to bail. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-219.
When a new trial or delayed appeal is granted, release on bail shall be determined by the trial judge as provided by law pending further proceedings. In all other cases, the petitioner shall not be entitled to bail.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-219.
Tenn. Code Ann. § 40-28-115 — TN Code / Title 40 / Chapter 28 / Section 40-28-115
Eligibility for parole
Status: in_force

(a) Every person sentenced to an indeterminate sentence and confined in a state prison, after having served a period of time equal to the minimum sentence imposed by the court for the crime of which the person was convicted, shall be subject to the jurisdiction of the board. The time of release shall be discretionary with the board, but no such person shall be released before serving the minimum sentence nor before serving one (1) year. (b) (1) Every person sentenced to a determinate sentence and confined in a state prison, after having served a period of time equal to one half (½) of the sentence imposed by the court for the crime for which the person was convicted, but in no event less than one (1) year, shall likewise be subject to parole in the same manner provided for those sentenced to an indeterminate sentence. (2) The parole eligibility for each person who commits a crime on or after July 1, 1982, shall be determined by the criteria listed in the Criminal Sentencing Reform Act of 1982 [repealed]. (c) The action of the board in releasing prisoners shall be deemed a judicial function and shall not be reviewable if done according to law. (d) If a prisoner has been accorded a bona fide offer of employment, the board may release the prisoner on probationary parole under either of the following conditions: (1) At any time not more than six (6) months before the prisoner's date of eligibility for parole as provided in this chapter if, after all credit for good conduct, that eligibility shall occur more than eighteen (18) months and less than five (5) years from the date of sentence; or (2) At any time not more than one (1) year before the prisoner's date of eligibility for parole as provided in this chapter if, after all credit for good conduct, that eligibility shall occur more than five (5) years from the date of sentence. (e) The prisoner shall at all times during probationary parole be under the jurisdiction of the board and the supervision of the department. The board may revoke the probationary parole for any reason satisfactory to it. (f) Notwithstanding any other provision of this chapter relating to parole eligibility, and when acting pursuant to the Tennessee Contract Sentencing Act of 1979, compiled in chapter 34 of this title, the board of parole is authorized to release a prisoner on parole on the date specified in a sentencing agreement entered into by the prisoner, the board and the department of correction. In granting parole, the board may impose any conditions and limitations that the board deems necessary. (g) (1) The general assembly declares it to be public policy that no person shall be granted parole, notwithstanding any law, rule or regulation to the contrary, until the person has successfully completed a test requiring that individual to master certain basic and other skills. The test shall include as a minimum requirement scoring at an eighth-grade reading level. This requirement shall not apply to any person certified by the commissioner of correction or the commissioner's designee as being so intellectually disabled or mentally ill as to be incapable of learning at the required levels. Furthermore, this subsection (g) shall not apply to the following: (A) Persons who are incarcerated in county jails or workhouses; (B) Persons who are in the custody of the department of correction for less than one (1) year; or (C) Persons who have high school diplomas or the equivalent. (2) The commissioner or the commissioner's designee, the board of parole and the state board of education shall jointly formulate policies and procedures to implement this subsection (g). (3) This subsection (g) shall be inapplicable to any inmate or group of inmates if the commissioner determines that its effectuation will increase the system's inmate population and if the commissioner so certifies the determination to the governor. (h) (1) The department of correction shall not certify an inmate for a parole grant hearing, other than an initial grant hearing, if, at the time the department of correction would otherwise have certified the inmate as eligible, the inmate is classified as close custody. This decertification shall continue for the duration of the classification, and for a period of one (1) year thereafter. (2) The department of correction shall not certify an inmate for a parole grant hearing, other than an initial grant hearing, if, at the time the department of correction would otherwise have certified the inmate as eligible, the inmate is classified as maximum custody. This decertification shall continue for the duration of the classification, and for a period of two (2) years thereafter. (i) When declining, revoking, or rescinding parole, the board is authorized to set the period of time before the prisoner receives another hearing on the same offense or offenses. However, the period set by the board shall not exceed six (6) years, unless the prisoner is serving a sentence for multiple convictions for first degree murder, pursuant to § 39-13-202 , or facilitation of first degree murder, in which case the period set by the board shall not exceed ten (10) years. Amended by 2021 Tenn. Acts, ch. 410, s 9, eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 870, s 1, eff. 4/27/2016. Acts 1937, ch. 276, § 8; mod. C. Supp. 1950, § 11818.8 (Williams, § 11843.8); Acts 1957, ch. 162, § 1; 1974, ch. 624, § 3; 1979, ch. 359, § 17; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 386, § 2; T.C.A. (orig. ed.), § 40-3612; Acts 1985, ch. 254, § 1; 1985 (1st Ex. Sess.), ch. 5, § 25; 1989, ch. 227, § 29; 1990, ch. 1011, § 1; 1998, ch. 743, §§ 1, 2; 1998, ch. 1049, §§ 24, 66; 1999, ch. 516, § 4; 2011 , ch. 158, § 20; 2012 , ch. 727, § 23.
(a) Every person sentenced to an indeterminate sentence and confined in a state prison, after having served a period of time equal to the minimum sentence imposed by the court for the crime of which the person was convicted, shall be subject to the jurisdiction of the board. The time of release shall be discretionary with the board, but no such person shall be released before serving the minimum sentence nor before serving one (1) year.
(b) (1) Every person sentenced to a determinate sentence and confined in a state prison, after having served a period of time equal to one half (½) of the sentence imposed by the court for the crime for which the person was convicted, but in no event less than one (1) year, shall likewise be subject to parole in the same manner provided for those sentenced to an indeterminate sentence. (2) The parole eligibility for each person who commits a crime on or after July 1, 1982, shall be determined by the criteria listed in the Criminal Sentencing Reform Act of 1982 [repealed].
(1) Every person sentenced to a determinate sentence and confined in a state prison, after having served a period of time equal to one half (½) of the sentence imposed by the court for the crime for which the person was convicted, but in no event less than one (1) year, shall likewise be subject to parole in the same manner provided for those sentenced to an indeterminate sentence.
(2) The parole eligibility for each person who commits a crime on or after July 1, 1982, shall be determined by the criteria listed in the Criminal Sentencing Reform Act of 1982 [repealed].
(c) The action of the board in releasing prisoners shall be deemed a judicial function and shall not be reviewable if done according to law.
(d) If a prisoner has been accorded a bona fide offer of employment, the board may release the prisoner on probationary parole under either of the following conditions: (1) At any time not more than six (6) months before the prisoner's date of eligibility for parole as provided in this chapter if, after all credit for good conduct, that eligibility shall occur more than eighteen (18) months and less than five (5) years from the date of sentence; or (2) At any time not more than one (1) year before the prisoner's date of eligibility for parole as provided in this chapter if, after all credit for good conduct, that eligibility shall occur more than five (5) years from the date of sentence.
(1) At any time not more than six (6) months before the prisoner's date of eligibility for parole as provided in this chapter if, after all credit for good conduct, that eligibility shall occur more than eighteen (18) months and less than five (5) years from the date of sentence; or
(2) At any time not more than one (1) year before the prisoner's date of eligibility for parole as provided in this chapter if, after all credit for good conduct, that eligibility shall occur more than five (5) years from the date of sentence.
(e) The prisoner shall at all times during probationary parole be under the jurisdiction of the board and the supervision of the department. The board may revoke the probationary parole for any reason satisfactory to it.
(f) Notwithstanding any other provision of this chapter relating to parole eligibility, and when acting pursuant to the Tennessee Contract Sentencing Act of 1979, compiled in chapter 34 of this title, the board of parole is authorized to release a prisoner on parole on the date specified in a sentencing agreement entered into by the prisoner, the board and the department of correction. In granting parole, the board may impose any conditions and limitations that the board deems necessary.
(g) (1) The general assembly declares it to be public policy that no person shall be granted parole, notwithstanding any law, rule or regulation to the contrary, until the person has successfully completed a test requiring that individual to master certain basic and other skills. The test shall include as a minimum requirement scoring at an eighth-grade reading level. This requirement shall not apply to any person certified by the commissioner of correction or the commissioner's designee as being so intellectually disabled or mentally ill as to be incapable of learning at the required levels. Furthermore, this subsection (g) shall not apply to the following: (A) Persons who are incarcerated in county jails or workhouses; (B) Persons who are in the custody of the department of correction for less than one (1) year; or (C) Persons who have high school diplomas or the equivalent. (2) The commissioner or the commissioner's designee, the board of parole and the state board of education shall jointly formulate policies and procedures to implement this subsection (g). (3) This subsection (g) shall be inapplicable to any inmate or group of inmates if the commissioner determines that its effectuation will increase the system's inmate population and if the commissioner so certifies the determination to the governor.
(1) The general assembly declares it to be public policy that no person shall be granted parole, notwithstanding any law, rule or regulation to the contrary, until the person has successfully completed a test requiring that individual to master certain basic and other skills. The test shall include as a minimum requirement scoring at an eighth-grade reading level. This requirement shall not apply to any person certified by the commissioner of correction or the commissioner's designee as being so intellectually disabled or mentally ill as to be incapable of learning at the required levels. Furthermore, this subsection (g) shall not apply to the following: (A) Persons who are incarcerated in county jails or workhouses; (B) Persons who are in the custody of the department of correction for less than one (1) year; or (C) Persons who have high school diplomas or the equivalent.
(A) Persons who are incarcerated in county jails or workhouses;
(B) Persons who are in the custody of the department of correction for less than one (1) year; or
(C) Persons who have high school diplomas or the equivalent.
(2) The commissioner or the commissioner's designee, the board of parole and the state board of education shall jointly formulate policies and procedures to implement this subsection (g).
(3) This subsection (g) shall be inapplicable to any inmate or group of inmates if the commissioner determines that its effectuation will increase the system's inmate population and if the commissioner so certifies the determination to the governor.
(h) (1) The department of correction shall not certify an inmate for a parole grant hearing, other than an initial grant hearing, if, at the time the department of correction would otherwise have certified the inmate as eligible, the inmate is classified as close custody. This decertification shall continue for the duration of the classification, and for a period of one (1) year thereafter. (2) The department of correction shall not certify an inmate for a parole grant hearing, other than an initial grant hearing, if, at the time the department of correction would otherwise have certified the inmate as eligible, the inmate is classified as maximum custody. This decertification shall continue for the duration of the classification, and for a period of two (2) years thereafter.
(1) The department of correction shall not certify an inmate for a parole grant hearing, other than an initial grant hearing, if, at the time the department of correction would otherwise have certified the inmate as eligible, the inmate is classified as close custody. This decertification shall continue for the duration of the classification, and for a period of one (1) year thereafter.
(2) The department of correction shall not certify an inmate for a parole grant hearing, other than an initial grant hearing, if, at the time the department of correction would otherwise have certified the inmate as eligible, the inmate is classified as maximum custody. This decertification shall continue for the duration of the classification, and for a period of two (2) years thereafter.
(i) When declining, revoking, or rescinding parole, the board is authorized to set the period of time before the prisoner receives another hearing on the same offense or offenses. However, the period set by the board shall not exceed six (6) years, unless the prisoner is serving a sentence for multiple convictions for first degree murder, pursuant to § 39-13-202 , or facilitation of first degree murder, in which case the period set by the board shall not exceed ten (10) years.
Amended by 2021 Tenn. Acts, ch. 410, s 9, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 870, s 1, eff. 4/27/2016.
Acts 1937, ch. 276, § 8; mod. C. Supp. 1950, § 11818.8 (Williams, § 11843.8); Acts 1957, ch. 162, § 1; 1974, ch. 624, § 3; 1979, ch. 359, § 17; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 386, § 2; T.C.A. (orig. ed.), § 40-3612; Acts 1985, ch. 254, § 1; 1985 (1st Ex. Sess.), ch. 5, § 25; 1989, ch. 227, § 29; 1990, ch. 1011, § 1; 1998, ch. 743, §§ 1, 2; 1998, ch. 1049, §§ 24, 66; 1999, ch. 516, § 4; 2011 , ch. 158, § 20; 2012 , ch. 727, § 23.
Tenn. Code Ann. § 40-23-104 — TN Code / Title 40 / Chapter 23 / Section 40-23-104
Sentence to workhouse for felony term - Removal by trial judge
Status: in_force

(a) In all cases where any person is convicted of a felony, and sentenced to six (6) years or less, the court, in its discretion, may order the person confined in the county workhouse for the term of the sentence. The trial judge shall have the power to order the removal of the prisoner from the county workhouse to the department of correction whenever, in the judge's opinion, the prisoner is being treated in a brutal or inhuman manner, or when it appears to the judge that the physical condition of the prisoner is such that working on the roads is deleterious to the prisoner's health. (b) Whenever any prisoner is confined to a county workhouse under provisions of this section, the state shall pay the costs of incarceration of the prisoner in accordance with title 41, chapter 8. Acts 1915, ch. 107, § 1; Shan., § 7207a1; Code 1932, § 11793; C. Supp. 1950, § 11793; Acts 1973, ch. 354, § 1; 1977, ch. 404, §3; T.C.A. (orig. ed.), §40-3105; Acts 1986, ch. 744, §§ 1, 2.
(a) In all cases where any person is convicted of a felony, and sentenced to six (6) years or less, the court, in its discretion, may order the person confined in the county workhouse for the term of the sentence. The trial judge shall have the power to order the removal of the prisoner from the county workhouse to the department of correction whenever, in the judge's opinion, the prisoner is being treated in a brutal or inhuman manner, or when it appears to the judge that the physical condition of the prisoner is such that working on the roads is deleterious to the prisoner's health.
(b) Whenever any prisoner is confined to a county workhouse under provisions of this section, the state shall pay the costs of incarceration of the prisoner in accordance with title 41, chapter 8.
Acts 1915, ch. 107, § 1; Shan., § 7207a1; Code 1932, § 11793; C. Supp. 1950, § 11793; Acts 1973, ch. 354, § 1; 1977, ch. 404, §3; T.C.A. (orig. ed.), §40-3105; Acts 1986, ch. 744, §§ 1, 2.
Tenn. Code Ann. § 40-1-110 — TN Code / Title 40 / Chapter 1 / Section 40-1-110
Judicial acts of general sessions judges
Status: in_force

The judges of the courts of general sessions and other similar courts created by statute throughout the state are authorized to issue any and all process in connection with criminal cases disposed of by them and to do all other judicial acts necessary to effectuate the judgments rendered by them in such cases. Acts 1955, ch. 267, § 2; T.C.A., § 40-119.
The judges of the courts of general sessions and other similar courts created by statute throughout the state are authorized to issue any and all process in connection with criminal cases disposed of by them and to do all other judicial acts necessary to effectuate the judgments rendered by them in such cases.
Acts 1955, ch. 267, § 2; T.C.A., § 40-119.
Tenn. Code Ann. § 40-39-218 — TN Code / Title 40 / Chapter 39 / Section 40-39-218
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 545,s 4, eff. 7/1/2024. Added by 2015 Tenn. Acts, ch. 469, s 1, eff. 7/1/2015.
Repealed by 2024 Tenn. Acts, ch. 545,s 4, eff. 7/1/2024.
Added by 2015 Tenn. Acts, ch. 469, s 1, eff. 7/1/2015.
Tenn. Code Ann. § 40-11-307 — TN Code / Title 40 / Chapter 11 / Section 40-11-307
Charges for fixing case prohibited
Status: in_force

It is unlawful for any professional bondsman, while acting on the bondsman's own behalf, or for any third person or persons, or in concert with them, in any negotiation, transaction or dealing with a person charged with a criminal offense or other violation of law, or with any person or persons purporting to represent or act for the one so charged, to charge, demand, contract for, accept, collect or receive any sum of money, fee, compensation, premium or other consideration, return, or favor of any character, directly or indirectly, upon any promise, offer, representation or holding out the inducement that the professional bondsman: (1) Can or will attempt to effect, procure, bring about, arrange or "fix" the disposition, dismissal or compromise of any criminal action or prosecution; (2) Can or will attempt to arrange, bargain for or "fix" the amount of fine or costs, and/or term of imprisonment to be imposed, or any particular action of a court, in any criminal case, contempt proceeding or other penal action in any court; or (3) Can or will attempt to stop, prevent, obstruct, impede, interfere with, retard or delay the prosecution of any criminal charge against an accused, or the process of the law in respect thereof, or that the bondsman will cause to be done any of the things enumerated in this subdivision (3). Acts 1939, ch. 199, § 5; C. Supp. 1950, § 11715.5; T.C.A. (orig. ed.), § 40-1407.
It is unlawful for any professional bondsman, while acting on the bondsman's own behalf, or for any third person or persons, or in concert with them, in any negotiation, transaction or dealing with a person charged with a criminal offense or other violation of law, or with any person or persons purporting to represent or act for the one so charged, to charge, demand, contract for, accept, collect or receive any sum of money, fee, compensation, premium or other consideration, return, or favor of any character, directly or indirectly, upon any promise, offer, representation or holding out the inducement that the professional bondsman:
(1) Can or will attempt to effect, procure, bring about, arrange or "fix" the disposition, dismissal or compromise of any criminal action or prosecution;
(2) Can or will attempt to arrange, bargain for or "fix" the amount of fine or costs, and/or term of imprisonment to be imposed, or any particular action of a court, in any criminal case, contempt proceeding or other penal action in any court; or
(3) Can or will attempt to stop, prevent, obstruct, impede, interfere with, retard or delay the prosecution of any criminal charge against an accused, or the process of the law in respect thereof, or that the bondsman will cause to be done any of the things enumerated in this subdivision (3).
Acts 1939, ch. 199, § 5; C. Supp. 1950, § 11715.5; T.C.A. (orig. ed.), § 40-1407.
Tenn. Code Ann. § 40-11-311 — TN Code / Title 40 / Chapter 11 / Section 40-11-311
Illegal contracts void - Recovery of payments and penalty
Status: in_force

(a) Any contract, agreement, promise, transaction or other similar undertaking, entered into between a professional bondsman and any other person or persons, wherein the bondsman charges, demands, contracts for, accepts, collects or receives any sum of money, fee, compensation, premium, gratuity or other consideration, return or favor of any character, in consideration of the bondsman's performance of, or the bondsman's promise, offer or attempt to do or perform, directly or indirectly, any of the acts or things declared to be unlawful by §§ 40-11-307 - 40-11-310, are declared to be against public policy, illegal and void. (b) Any person or persons, who pay out money or part with any other thing of value under the contract, agreement, promise, transaction or undertaking may file suit, for that person or for the use of that person or persons for whom the person paid the money or delivered the other thing of value to the bondsman, in any court having jurisdiction thereof and recover the consideration so paid or parted with and, in addition, a forfeiture in an amount equal to twice the sum of money paid or twice the value of any other consideration parted with or both, as the case may be. Acts 1939, ch. 199, § 9; C. Supp. 1950, § 11715.9; T.C.A. (orig. ed.), § 40-1411.
(a) Any contract, agreement, promise, transaction or other similar undertaking, entered into between a professional bondsman and any other person or persons, wherein the bondsman charges, demands, contracts for, accepts, collects or receives any sum of money, fee, compensation, premium, gratuity or other consideration, return or favor of any character, in consideration of the bondsman's performance of, or the bondsman's promise, offer or attempt to do or perform, directly or indirectly, any of the acts or things declared to be unlawful by §§ 40-11-307 - 40-11-310, are declared to be against public policy, illegal and void.
(b) Any person or persons, who pay out money or part with any other thing of value under the contract, agreement, promise, transaction or undertaking may file suit, for that person or for the use of that person or persons for whom the person paid the money or delivered the other thing of value to the bondsman, in any court having jurisdiction thereof and recover the consideration so paid or parted with and, in addition, a forfeiture in an amount equal to twice the sum of money paid or twice the value of any other consideration parted with or both, as the case may be.
Acts 1939, ch. 199, § 9; C. Supp. 1950, § 11715.9; T.C.A. (orig. ed.), § 40-1411.
Tenn. Code Ann. § 40-27-107 — TN Code / Title 40 / Chapter 27 / Section 40-27-107
Record of reasons for clemency
Status: in_force

The governor shall cause to be entered, in a book kept for that purpose, any reasons for granting pardons or commuting punishment, and preserve on file all documents on which the governor acted, and submit the same to the general assembly when requested. Code 1858, §5253; Shan., § 7228; Code 1932, § 11819; T.C.A. (orig. ed.), § 40-3507.
The governor shall cause to be entered, in a book kept for that purpose, any reasons for granting pardons or commuting punishment, and preserve on file all documents on which the governor acted, and submit the same to the general assembly when requested.
Code 1858, §5253; Shan., § 7228; Code 1932, § 11819; T.C.A. (orig. ed.), § 40-3507.
Tenn. Code Ann. § 40-9-109 — TN Code / Title 40 / Chapter 9 / Section 40-9-109
Governor's duty to cause arrest and extradition of fugitives
Status: in_force

Subject to the qualifications of this chapter and the provisions of the Constitution of the United States controlling, and acts of congress in pursuance of the United States Constitution, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state any person charged in that state with treason, a felony or another crime, who has fled from justice and is found in this state. Acts 1951, ch. 240, § 2 (Williams, § 11935.2); T.C.A. (orig. ed.), § 40-1009.
Subject to the qualifications of this chapter and the provisions of the Constitution of the United States controlling, and acts of congress in pursuance of the United States Constitution, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state any person charged in that state with treason, a felony or another crime, who has fled from justice and is found in this state.
Acts 1951, ch. 240, § 2 (Williams, § 11935.2); T.C.A. (orig. ed.), § 40-1009.
Tenn. Code Ann. § 40-7-103 — TN Code / Title 40 / Chapter 7 / Section 40-7-103
Grounds for arrest by officer without warrant
Status: in_force

(a) An officer may, without a warrant, arrest a person: (1) For a public offense committed or a breach of the peace threatened in the officer's presence; (2) When the person has committed a felony, though not in the officer's presence; (3) When a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested has committed the felony; (4) On a charge made, upon reasonable cause, of the commission of a felony by the person arrested; (5) Who is attempting to commit suicide; (6) At the scene of a traffic accident who is the driver of a vehicle involved in the accident when, based on personal investigation, the officer has probable cause to believe that the person has committed an offense under title 55, chapters 8 and 10. This subdivision (a)(6) shall not apply to traffic accidents in which no personal injury occurs or property damage is less than one thousand dollars ($1,000), unless the officer has probable cause to believe that the driver of the vehicle has committed an offense under § 55-10-401 ; (7) Pursuant to § 36-3-619 ; (8) Who is the driver of a vehicle involved in a traffic accident either at the scene of the accident or up to four (4) hours after the driver has been transported to a health care facility, if emergency medical treatment for the driver is required and the officer has probable cause to believe that the driver has violated § 55-10-401 ; (9) When an officer has probable cause to believe a person has committed the offense of stalking, as prohibited by § 39-17-315 ; (10) Who is the driver of a motor vehicle involved in a traffic accident, who leaves the scene of the accident, who is apprehended within four (4) hours of the accident, and the officer has probable cause to believe the driver has violated § 55-10-401 ; or (11) Pursuant to § 55-10-119 . (b) If a law enforcement officer has probable cause to believe that a person has violated one (1) or more of the conditions of release imposed pursuant to chapter 11, part 1 of this title, and verifies that the alleged violator received notice of the conditions, the officer shall, without a warrant, arrest the alleged violator regardless of whether the violation was committed in or outside the presence of the officer. (c) Unless a law enforcement officer has probable cause to believe that an offense has been committed, no officer, except members of the Tennessee highway patrol acting pursuant to § 4-7-104 , shall have the authority to stop a motor vehicle for the sole purpose of examining or checking the license of the driver of the vehicle. Amended by 2024 Tenn. Acts, ch. 942,s 2, eff. 7/1/2024. Code 1858, § 5037; Shan., § 6997; Code 1932, § 11536; Acts 1957, ch. 82, § 1; 1981, ch. 401, § 1; T.C.A. (orig. ed.), § 40-803; Acts 1986, ch. 754, § 1; 1990, ch. 980, § 18; 1993, ch. 484, § 1; 1994, ch. 1002, § 1; 1995, ch. 507, § 7; 1999, ch. 138, § 4; 2005, ch. 296, § 1; 2005, ch. 482, § 2; 2012 , ch. 737, § 2.
(a) An officer may, without a warrant, arrest a person: (1) For a public offense committed or a breach of the peace threatened in the officer's presence; (2) When the person has committed a felony, though not in the officer's presence; (3) When a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested has committed the felony; (4) On a charge made, upon reasonable cause, of the commission of a felony by the person arrested; (5) Who is attempting to commit suicide; (6) At the scene of a traffic accident who is the driver of a vehicle involved in the accident when, based on personal investigation, the officer has probable cause to believe that the person has committed an offense under title 55, chapters 8 and 10. This subdivision (a)(6) shall not apply to traffic accidents in which no personal injury occurs or property damage is less than one thousand dollars ($1,000), unless the officer has probable cause to believe that the driver of the vehicle has committed an offense under § 55-10-401 ; (7) Pursuant to § 36-3-619 ; (8) Who is the driver of a vehicle involved in a traffic accident either at the scene of the accident or up to four (4) hours after the driver has been transported to a health care facility, if emergency medical treatment for the driver is required and the officer has probable cause to believe that the driver has violated § 55-10-401 ; (9) When an officer has probable cause to believe a person has committed the offense of stalking, as prohibited by § 39-17-315 ; (10) Who is the driver of a motor vehicle involved in a traffic accident, who leaves the scene of the accident, who is apprehended within four (4) hours of the accident, and the officer has probable cause to believe the driver has violated § 55-10-401 ; or (11) Pursuant to § 55-10-119 .
(1) For a public offense committed or a breach of the peace threatened in the officer's presence;
(2) When the person has committed a felony, though not in the officer's presence;
(3) When a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested has committed the felony;
(4) On a charge made, upon reasonable cause, of the commission of a felony by the person arrested;
(5) Who is attempting to commit suicide;
(6) At the scene of a traffic accident who is the driver of a vehicle involved in the accident when, based on personal investigation, the officer has probable cause to believe that the person has committed an offense under title 55, chapters 8 and 10. This subdivision (a)(6) shall not apply to traffic accidents in which no personal injury occurs or property damage is less than one thousand dollars ($1,000), unless the officer has probable cause to believe that the driver of the vehicle has committed an offense under § 55-10-401 ;
(7) Pursuant to § 36-3-619 ;
(8) Who is the driver of a vehicle involved in a traffic accident either at the scene of the accident or up to four (4) hours after the driver has been transported to a health care facility, if emergency medical treatment for the driver is required and the officer has probable cause to believe that the driver has violated § 55-10-401 ;
(9) When an officer has probable cause to believe a person has committed the offense of stalking, as prohibited by § 39-17-315 ;
(10) Who is the driver of a motor vehicle involved in a traffic accident, who leaves the scene of the accident, who is apprehended within four (4) hours of the accident, and the officer has probable cause to believe the driver has violated § 55-10-401 ; or
(11) Pursuant to § 55-10-119 .
(b) If a law enforcement officer has probable cause to believe that a person has violated one (1) or more of the conditions of release imposed pursuant to chapter 11, part 1 of this title, and verifies that the alleged violator received notice of the conditions, the officer shall, without a warrant, arrest the alleged violator regardless of whether the violation was committed in or outside the presence of the officer.
(c) Unless a law enforcement officer has probable cause to believe that an offense has been committed, no officer, except members of the Tennessee highway patrol acting pursuant to § 4-7-104 , shall have the authority to stop a motor vehicle for the sole purpose of examining or checking the license of the driver of the vehicle.
Amended by 2024 Tenn. Acts, ch. 942,s 2, eff. 7/1/2024.
Code 1858, § 5037; Shan., § 6997; Code 1932, § 11536; Acts 1957, ch. 82, § 1; 1981, ch. 401, § 1; T.C.A. (orig. ed.), § 40-803; Acts 1986, ch. 754, § 1; 1990, ch. 980, § 18; 1993, ch. 484, § 1; 1994, ch. 1002, § 1; 1995, ch. 507, § 7; 1999, ch. 138, § 4; 2005, ch. 296, § 1; 2005, ch. 482, § 2; 2012 , ch. 737, § 2.
Tenn. Code Ann. § 40-11-319 — TN Code / Title 40 / Chapter 11 / Section 40-11-319
Notice of arrest of bondsman
Status: in_force

(a) A professional bondsman who is arrested in this state for a felony, or is arrested in another state or by the federal government for the equivalent of a felony in this state, shall notify, in writing, within seventy-two (72) hours of the arrest, the court or courts in which the professional bondsman is qualified. (b) The written notice shall contain the following information: (1) Date of the arrest; (2) Location of the arrest; (3) Offense for which the bondsman was arrested; (4) The name and address of the law enforcement agency making the arrest; (5) The court before which the professional bondsman is to appear; (6) The date of the initial court appearance; and (7) Any other information the professional bondsman may want to include. (c) Upon receipt of the notice, if the court believes it is warranted, the court shall proceed under § 40-11-125 . (d) Failure to comply with this section shall result in an automatic suspension of the professional bondsman until the court conducts a hearing pursuant to § 40-11-125(b) , or until the criminal charges against the professional bondsman are resolved. Acts 1999, ch. 104, § 1.
(a) A professional bondsman who is arrested in this state for a felony, or is arrested in another state or by the federal government for the equivalent of a felony in this state, shall notify, in writing, within seventy-two (72) hours of the arrest, the court or courts in which the professional bondsman is qualified.
(b) The written notice shall contain the following information: (1) Date of the arrest; (2) Location of the arrest; (3) Offense for which the bondsman was arrested; (4) The name and address of the law enforcement agency making the arrest; (5) The court before which the professional bondsman is to appear; (6) The date of the initial court appearance; and (7) Any other information the professional bondsman may want to include.
(1) Date of the arrest;
(2) Location of the arrest;
(3) Offense for which the bondsman was arrested;
(4) The name and address of the law enforcement agency making the arrest;
(5) The court before which the professional bondsman is to appear;
(6) The date of the initial court appearance; and
(7) Any other information the professional bondsman may want to include.
(c) Upon receipt of the notice, if the court believes it is warranted, the court shall proceed under § 40-11-125 .
(d) Failure to comply with this section shall result in an automatic suspension of the professional bondsman until the court conducts a hearing pursuant to § 40-11-125(b) , or until the criminal charges against the professional bondsman are resolved.
Acts 1999, ch. 104, § 1.
Tenn. Code Ann. § 40-38-117 — TN Code / Title 40 / Chapter 38 / Section 40-38-117
Victim's right to refuse interview with defendant
Status: in_force

Any victim of crime has the right to refuse a request by the defendant, the defendant's attorney or any other person acting on behalf of the defendant for an interview or other communication with the victim. Acts 2000, ch. 785, § 1.
Any victim of crime has the right to refuse a request by the defendant, the defendant's attorney or any other person acting on behalf of the defendant for an interview or other communication with the victim.
Acts 2000, ch. 785, § 1.
Tenn. Code Ann. § 40-34-105 — TN Code / Title 40 / Chapter 34 / Section 40-34-105
Establishment of alternative objectives of programs - Removal of prisoner from program
Status: in_force

(a) If the objectives of the agreement cannot be met by the department of correction, or if programs or services referred to in the agreement are not available, the department and the board of parole may establish alternative objectives or programs for the prisoner. (b) If the prisoner cannot complete the prisoner's part of the agreement for disciplinary reasons, the commissioner of correction, or the commissioner's designee, may, for disciplinary purposes or for the safety of the institution, remove the prisoner from the contract sentencing program, in which event the agreement shall be void; provided, that a new agreement may later be entered into with the prisoner in the discretion of the commissioner and the board. Impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 386, § 1; T.C.A., §40-4205; Acts 1998, ch. 1049, § 42.
(a) If the objectives of the agreement cannot be met by the department of correction, or if programs or services referred to in the agreement are not available, the department and the board of parole may establish alternative objectives or programs for the prisoner.
(b) If the prisoner cannot complete the prisoner's part of the agreement for disciplinary reasons, the commissioner of correction, or the commissioner's designee, may, for disciplinary purposes or for the safety of the institution, remove the prisoner from the contract sentencing program, in which event the agreement shall be void; provided, that a new agreement may later be entered into with the prisoner in the discretion of the commissioner and the board.
Impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1979, ch. 386, § 1; T.C.A., §40-4205; Acts 1998, ch. 1049, § 42.
Tenn. Code Ann. § 40-20-113 — TN Code / Title 40 / Chapter 20 / Section 40-20-113
Judgment of infamous crime to be sent to election commission
Status: in_force

The clerks of the criminal and circuit courts shall notify the county election commission of each person convicted of an infamous crime on a form to be furnished by the state coordinator of elections pursuant to § 2-11-202 . Amended by 2014 Tenn. Acts, ch. 724,s 8, eff. 4/16/2014. Acts 1981, ch. 345, § 1; 1982, ch. 631, § 1; T.C.A., § 40-2713; Acts 1985, ch. 132, § 1.
The clerks of the criminal and circuit courts shall notify the county election commission of each person convicted of an infamous crime on a form to be furnished by the state coordinator of elections pursuant to § 2-11-202 .
Amended by 2014 Tenn. Acts, ch. 724,s 8, eff. 4/16/2014.
Acts 1981, ch. 345, § 1; 1982, ch. 631, § 1; T.C.A., § 40-2713; Acts 1985, ch. 132, § 1.
Tenn. Code Ann. § 40-11-142 — TN Code / Title 40 / Chapter 11 / Section 40-11-142
Due diligence to determine person's criminal history
Status: in_force

(a) After an officer arrests a person, but prior to the determination of bail for the arrest offense by the judge or magistrate, due diligence must be exercised in determining the existence of any prior arrest or conviction. The results of this investigation must be made a part of the person's law enforcement file. (b) Using due diligence to determine a person's criminal history means making use of all available databases, including the Tennessee bureau of investigation interstate identification index (III), the Tennessee criminal history database, driver license history, relevant information related to those prior convictions provided pursuant to § 40-6-203 , and other official records regarding the person's prior criminal and arrest history. Amended by 2024 Tenn. Acts, ch. 1048,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1048,s 2, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 260, s 2, eff. 7/1/2023. Added by 2016 Tenn. Acts, ch. 1075, s 1, eff. 7/1/2016.
(a) After an officer arrests a person, but prior to the determination of bail for the arrest offense by the judge or magistrate, due diligence must be exercised in determining the existence of any prior arrest or conviction. The results of this investigation must be made a part of the person's law enforcement file.
(b) Using due diligence to determine a person's criminal history means making use of all available databases, including the Tennessee bureau of investigation interstate identification index (III), the Tennessee criminal history database, driver license history, relevant information related to those prior convictions provided pursuant to § 40-6-203 , and other official records regarding the person's prior criminal and arrest history.
Amended by 2024 Tenn. Acts, ch. 1048,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1048,s 2, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 260, s 2, eff. 7/1/2023.
Added by 2016 Tenn. Acts, ch. 1075, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 40-39-213 — TN Code / Title 40 / Chapter 39 / Section 40-39-213
Possession of offender identification required
Status: in_force

(a) Every offender required to register pursuant to this part who is a resident of this state, and who is eligible, shall be responsible for obtaining a valid driver license or photo identification card that has been properly designated by the department of safety pursuant to § 55-50-353 . Every offender eligible to receive the license or identification card shall always have the license or identification card in the offender's possession. If the offender is ineligible to be issued a driver license or photo identification card, the department shall provide the offender some other form of identification card or documentation that, if it is kept in the offender's possession, will satisfy the requirements of this section and § 55-50-353 ; such identification must be kept in the offender's possession at all times. If any offender is determined to be indigent, an identification card or other documentation in lieu of an identification card shall be issued to the offender at no cost. (b) A violation of this section is a Class E felony punishable by fine only of not less than two hundred fifty dollars ($250). (c) Every offender required to register pursuant to this part shall have obtained the documentation required by this section and presented it to the offender's registering agency no later than sixty (60) days from the date in which such person is required to register pursuant to this part. (d) Notwithstanding any provision of this section to the contrary, no violent juvenile sexual offender shall be required to obtain a photo identification card or a valid driver license that has been properly designated by the department of safety pursuant to § 55-50-353 , until such violent juvenile sexual offender attains eighteen (18) years of age. Acts 2008, ch. 1143, § 1; 2010, ch. 1138, §§ 13-15; 2011, ch. 483, § 21.
(a) Every offender required to register pursuant to this part who is a resident of this state, and who is eligible, shall be responsible for obtaining a valid driver license or photo identification card that has been properly designated by the department of safety pursuant to § 55-50-353 . Every offender eligible to receive the license or identification card shall always have the license or identification card in the offender's possession. If the offender is ineligible to be issued a driver license or photo identification card, the department shall provide the offender some other form of identification card or documentation that, if it is kept in the offender's possession, will satisfy the requirements of this section and § 55-50-353 ; such identification must be kept in the offender's possession at all times. If any offender is determined to be indigent, an identification card or other documentation in lieu of an identification card shall be issued to the offender at no cost.
(b) A violation of this section is a Class E felony punishable by fine only of not less than two hundred fifty dollars ($250).
(c) Every offender required to register pursuant to this part shall have obtained the documentation required by this section and presented it to the offender's registering agency no later than sixty (60) days from the date in which such person is required to register pursuant to this part.
(d) Notwithstanding any provision of this section to the contrary, no violent juvenile sexual offender shall be required to obtain a photo identification card or a valid driver license that has been properly designated by the department of safety pursuant to § 55-50-353 , until such violent juvenile sexual offender attains eighteen (18) years of age.
Acts 2008, ch. 1143, § 1; 2010, ch. 1138, §§ 13-15; 2011, ch. 483, § 21.
Tenn. Code Ann. § 40-13-101 — TN Code / Title 40 / Chapter 13 / Section 40-13-101
"Indictment" defined
Status: in_force

(a) An indictment is an accusation in writing presented by the grand jury of the county charging a person with an indictable offense. (b) Wherever in this code "indictment" is used, it shall be taken to include presentment whenever the context so requires or will permit. Code 1932, §§ 10750, 11622; T.C.A. (orig. ed.), §§ 40-1701, 40-1702.
(a) An indictment is an accusation in writing presented by the grand jury of the county charging a person with an indictable offense.
(b) Wherever in this code "indictment" is used, it shall be taken to include presentment whenever the context so requires or will permit.
Code 1932, §§ 10750, 11622; T.C.A. (orig. ed.), §§ 40-1701, 40-1702.
Tenn. Code Ann. § 40-13-207 — TN Code / Title 40 / Chapter 13 / Section 40-13-207
Time of offense
Status: in_force

The time at which the offense was committed need not be stated in the indictment, but the offense may be alleged to have been committed on any day before the finding of the indictment, or generally before the finding of the indictment, unless the time is a material ingredient in the offense. Code 1858, § 5124; Shan., § 7087; Code 1932, § 11632; T.C.A. (orig. ed.), § 40-1808.
The time at which the offense was committed need not be stated in the indictment, but the offense may be alleged to have been committed on any day before the finding of the indictment, or generally before the finding of the indictment, unless the time is a material ingredient in the offense.
Code 1858, § 5124; Shan., § 7087; Code 1932, § 11632; T.C.A. (orig. ed.), § 40-1808.
Tenn. Code Ann. § 40-24-106 — TN Code / Title 40 / Chapter 24 / Section 40-24-106
Fines accruing to state
Status: in_force

(a) Except as otherwise provided by law, fines, amercements, forfeitures and recoveries in criminal cases constitute a part of the revenue of the state, and shall be paid into the state treasury in the following cases: (1) All fines and forfeitures that may be recovered in any case in which the defendant is indicted for a felony, whether convicted of a felony or of an offense less than felony; and (2) All fines and forfeitures, imposed for a violation of any law regulating the business of banking. (b) Except as otherwise provided by law, fines and forfeitures in all other state cases go to the county in which the indictment was found. Code 1858, §§ 552, 5236 (deriv. Acts 1835-1836, ch. 55, § 2); Shan., §§ 707, 7211; Code 1932, §§ 1258, 11798; modified; T.C.A. (orig. ed.), § 40-3206.
(a) Except as otherwise provided by law, fines, amercements, forfeitures and recoveries in criminal cases constitute a part of the revenue of the state, and shall be paid into the state treasury in the following cases: (1) All fines and forfeitures that may be recovered in any case in which the defendant is indicted for a felony, whether convicted of a felony or of an offense less than felony; and (2) All fines and forfeitures, imposed for a violation of any law regulating the business of banking.
(1) All fines and forfeitures that may be recovered in any case in which the defendant is indicted for a felony, whether convicted of a felony or of an offense less than felony; and
(2) All fines and forfeitures, imposed for a violation of any law regulating the business of banking.
(b) Except as otherwise provided by law, fines and forfeitures in all other state cases go to the county in which the indictment was found.
Code 1858, §§ 552, 5236 (deriv. Acts 1835-1836, ch. 55, § 2); Shan., §§ 707, 7211; Code 1932, §§ 1258, 11798; modified; T.C.A. (orig. ed.), § 40-3206.
Tenn. Code Ann. § 40-14-310 — TN Code / Title 40 / Chapter 14 / Section 40-14-310
Supervision of reporters
Status: in_force

The court reporters shall be subject to the supervision of the appointing judge in the performance of their duties, including dealings with the parties requesting transcripts. The administrative director may by rule prescribe reports to be filed by reporters. Acts 1965, ch. 221, § 10; T.C.A., § 40-2038; Acts 1993, ch. 66, § 63.
The court reporters shall be subject to the supervision of the appointing judge in the performance of their duties, including dealings with the parties requesting transcripts. The administrative director may by rule prescribe reports to be filed by reporters.
Acts 1965, ch. 221, § 10; T.C.A., § 40-2038; Acts 1993, ch. 66, § 63.
Tenn. Code Ann. § 40-38-105 — TN Code / Title 40 / Chapter 38 / Section 40-38-105
Criminal cases - Prompt disposal - Priority of cases involving crimes against the person
Status: in_force

(a) All parties affected by a criminal offense, including the victim, survivors of the victim and witnesses to the offense, shall be able to expect that the operation of the criminal justice system will not be unnecessarily delayed and that they will be able to return to normal lives as soon as possible. To this end, all persons involved in the criminal justice system shall make every effort to dispose of any charges against a defendant within one hundred eighty (180) days of the date of the defendant's indictment and, in those cases in which the defendant is charged with a crime of violence involving death or serious bodily injury to a victim, all applications for continuance of any court date by any party shall be in writing setting out the reasons for the continuance. If, at any time during the proceeding, the court grants a continuance to the defendant and the defendant is not represented by an attorney, the court shall file an order in the records setting out the reasons why the court granted the continuance. If, for any reason, the case is not tried or otherwise disposed of in one hundred eighty (180) days of the indictment, the court shall set out in a certificate the reasons why the case is still pending before the court. (b) All parties affected by a criminal offense shall be able to expect that cases involving crimes against the person are given judicial and prosecutorial priority over cases involving property crimes. Acts 1990, ch. 957, § 5; 1993, ch. 527, §§ 5, 6, 12.
(a) All parties affected by a criminal offense, including the victim, survivors of the victim and witnesses to the offense, shall be able to expect that the operation of the criminal justice system will not be unnecessarily delayed and that they will be able to return to normal lives as soon as possible. To this end, all persons involved in the criminal justice system shall make every effort to dispose of any charges against a defendant within one hundred eighty (180) days of the date of the defendant's indictment and, in those cases in which the defendant is charged with a crime of violence involving death or serious bodily injury to a victim, all applications for continuance of any court date by any party shall be in writing setting out the reasons for the continuance. If, at any time during the proceeding, the court grants a continuance to the defendant and the defendant is not represented by an attorney, the court shall file an order in the records setting out the reasons why the court granted the continuance. If, for any reason, the case is not tried or otherwise disposed of in one hundred eighty (180) days of the indictment, the court shall set out in a certificate the reasons why the case is still pending before the court.
(b) All parties affected by a criminal offense shall be able to expect that cases involving crimes against the person are given judicial and prosecutorial priority over cases involving property crimes.
Acts 1990, ch. 957, § 5; 1993, ch. 527, §§ 5, 6, 12.
Tenn. Code Ann. § 40-9-114 — TN Code / Title 40 / Chapter 9 / Section 40-9-114
Guilt or innocence not inquired into
Status: in_force

The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this chapter shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime. Acts 1951, ch. 240, § 20 (Williams, § 11935.20); T.C.A. (orig. ed.), § 40-1014.
The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this chapter shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
Acts 1951, ch. 240, § 20 (Williams, § 11935.20); T.C.A. (orig. ed.), § 40-1014.
Tenn. Code Ann. § 40-38-206 — TN Code / Title 40 / Chapter 38 / Section 40-38-206
Filing of presentence report
Status: in_force

The presentence report shall be filed with the clerk of the court within ten (10) days prior to the sentencing hearing as provided in § 40-35-208 . Acts 1993, ch. 438, § 6.
The presentence report shall be filed with the clerk of the court within ten (10) days prior to the sentencing hearing as provided in § 40-35-208 .
Acts 1993, ch. 438, § 6.
Tenn. Code Ann. § 40-6-204 — TN Code / Title 40 / Chapter 6 / Section 40-6-204
Contents of examination
Status: in_force

(a) The written examination shall set forth the facts stated by the affiant or affiants that establish that there is probable cause to believe an offense has been committed and that the defendant committed it. (b) The affidavit of complaint must contain instructions informing the defendant that if the defendant's charge is dismissed, a no true bill is returned by a grand jury, the defendant is arrested and released without being charged with an offense, or the court enters a nolle prosequi in the defendant's case, the defendant is entitled, upon petition by the defendant to the court having jurisdiction over the action, to the removal and destruction of all public records relating to the case without cost to the defendant. Amended by 2021 Tenn. Acts, ch. 539, s 4, eff. 7/1/2021. Code 1858, § 5021; Shan., § 6980; Code 1932, § 11519; T.C.A. (orig. ed.), § 40-703; 2003 , ch. 366, § 2.
(a) The written examination shall set forth the facts stated by the affiant or affiants that establish that there is probable cause to believe an offense has been committed and that the defendant committed it.
(b) The affidavit of complaint must contain instructions informing the defendant that if the defendant's charge is dismissed, a no true bill is returned by a grand jury, the defendant is arrested and released without being charged with an offense, or the court enters a nolle prosequi in the defendant's case, the defendant is entitled, upon petition by the defendant to the court having jurisdiction over the action, to the removal and destruction of all public records relating to the case without cost to the defendant.
Amended by 2021 Tenn. Acts, ch. 539, s 4, eff. 7/1/2021.
Code 1858, § 5021; Shan., § 6980; Code 1932, § 11519; T.C.A. (orig. ed.), § 40-703; 2003 , ch. 366, § 2.
Tenn. Code Ann. § 40-9-119 — TN Code / Title 40 / Chapter 9 / Section 40-9-119
Information to person arrested - Habeas corpus
Status: in_force

No person arrested upon a warrant shall be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person, unless the person has been informed of the demand made for surrender and of the crime with which the person is charged, and that the person has the right to demand legal counsel. If the prisoner, the prisoner's friends or counsel shall state that the person or they desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a court of record in this state, who shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. When the writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state. Acts 1951, ch. 240, § 10 (Williams, § 11935.10); T.C.A. (orig. ed.), § 40-1020.
No person arrested upon a warrant shall be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person, unless the person has been informed of the demand made for surrender and of the crime with which the person is charged, and that the person has the right to demand legal counsel. If the prisoner, the prisoner's friends or counsel shall state that the person or they desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a court of record in this state, who shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. When the writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.
Acts 1951, ch. 240, § 10 (Williams, § 11935.10); T.C.A. (orig. ed.), § 40-1020.
Tenn. Code Ann. § 40-5-104 — TN Code / Title 40 / Chapter 5 / Section 40-5-104
Subpoena of witnesses
Status: in_force

The magistrate before whom an information is made may issue subpoenas to any part of the state for witnesses on behalf of either the defendant or the state. Code 1858, § 5380 (deriv. Acts 1822, ch. 40, § 1); Shan., § 7358; Code 1932, § 11963; T.C.A. (orig. ed.), § 40-605.
The magistrate before whom an information is made may issue subpoenas to any part of the state for witnesses on behalf of either the defendant or the state.
Code 1858, § 5380 (deriv. Acts 1822, ch. 40, § 1); Shan., § 7358; Code 1932, § 11963; T.C.A. (orig. ed.), § 40-605.
Tenn. Code Ann. § 40-11-315 — TN Code / Title 40 / Chapter 11 / Section 40-11-315
Reduction or refund of premium on bail, bond or surety
Status: in_force

(a) Whenever any professional bondsman, as defined in § 40-11-301 , furnishes bail, makes bond or furnishes surety for the appearance, before any court in this state, of any person charged with a criminal offense or a violation of any law, by means of a contract for a specified period of time, in which the bondsman acts as surety for appearance, the premium on the contract shall be reduced or refunded upon surrender of the person charged with the criminal offense or violation of a law in an amount in direct proportion of the percentage of the unexpired term of the contract to the total amount of the premium, unless that person is arrested on an additional criminal charge while released on bail or if the bond or surety is forfeited or revoked by the court having jurisdiction of that person or if the court accepts the surrender of the defendant based upon one (1) or more of the grounds set forth in § 40-11-132 . (b) If the premium is payable in equal installments, no further payment shall be due or payable upon surrender of the bonded person to the court. This section applies only to those contracts made on or after July 1, 1972. Acts 1972, ch. 827, §§ 1, 2; T.C.A., § 40-1415; Acts 2003, ch. 303, § 2.
(a) Whenever any professional bondsman, as defined in § 40-11-301 , furnishes bail, makes bond or furnishes surety for the appearance, before any court in this state, of any person charged with a criminal offense or a violation of any law, by means of a contract for a specified period of time, in which the bondsman acts as surety for appearance, the premium on the contract shall be reduced or refunded upon surrender of the person charged with the criminal offense or violation of a law in an amount in direct proportion of the percentage of the unexpired term of the contract to the total amount of the premium, unless that person is arrested on an additional criminal charge while released on bail or if the bond or surety is forfeited or revoked by the court having jurisdiction of that person or if the court accepts the surrender of the defendant based upon one (1) or more of the grounds set forth in § 40-11-132 .
(b) If the premium is payable in equal installments, no further payment shall be due or payable upon surrender of the bonded person to the court. This section applies only to those contracts made on or after July 1, 1972.
Acts 1972, ch. 827, §§ 1, 2; T.C.A., § 40-1415; Acts 2003, ch. 303, § 2.
Tenn. Code Ann. § 40-25-105 — TN Code / Title 40 / Chapter 25 / Section 40-25-105
Prosecutor not entitled to fees
Status: in_force

No prosecutor in a misdemeanor is entitled to any compensation for services as prosecutor, or for attendance as a witness on behalf of the state. Code 1858, § 5573 (deriv. Acts 1829, ch. 100, § 3); Shan., § 7600; Code 1932, § 12227; T.C.A. (orig. ed.), § 40-3305.
No prosecutor in a misdemeanor is entitled to any compensation for services as prosecutor, or for attendance as a witness on behalf of the state.
Code 1858, § 5573 (deriv. Acts 1829, ch. 100, § 3); Shan., § 7600; Code 1932, § 12227; T.C.A. (orig. ed.), § 40-3305.