Tenn. Code Ann. § 40-35-124 — TN Code / Title 40 / Chapter 35 / Section 40-35-124
Consideration of prior misdemeanor convictions for sentence enhancements - Qualification requirements for prior misdemeanor convictions - Exclusions
Status: in_force

(a) "Qualifying misdemeanor" means any of the following misdemeanor convictions: (1) A misdemeanor offense of solicitation of a minor, under § 39-13-528 ; (2) A misdemeanor offense of theft of property, under § 39-14-103 ; (3) A misdemeanor offense of theft of services, under § 39-14-104 ; (4) Aggravated criminal trespass, under § 39-14-406 ; (5) Assault, under § 39-13-101 ; (6) Assault against a first responder or nurse, under § 39-13-116(a) ; (7) Child abuse, under § 39-15-401(a) ; (8) Child neglect or endangerment, under § 39-15-401(b) ; (9) Criminal attempt of a Class E felony, under § 39-12-101 and § 39-12-107 ; (10) Criminal conspiracy of a Class E felony, under § 39-12-103 and § 39-12-107 ; (11) Criminal responsibility for the facilitation of a Class E felony, under § 39-11-403 ; (12) Driving under the influence, under § 55-10-401 ; (13) Domestic assault, under § 39-13-111 ; (14) Electronic tracking of motor vehicles, under § 39-13-606 ; (15) Escape, under § 39-16-605(c)(1)(A) ; (16) Evading arrest, under § 39-16-603 ; (17) False imprisonment, under § 39-13-302 ; (18) Fraudulent use of a credit card, under § 39-14-118(b) ; (19) Harassment, under § 39-17-308(a) ; (20) Inciting to riot, under § 39-17-304 ; (21) Indecent exposure, under § 39-13-511 ; (22) Possession of a firearm while a protective order is in effect, under § 39-13-113(h) ; (23) Providing handguns to juveniles, under § 39-17-1320(a) ; (24) Public indecency, under § 39-13-517 ; (25) Reckless burning, under § 39-14-304 ; (26) Reckless endangerment, under § 39-13-103 ; (27) Riot, under § 39-17-302 ; (28) Simple possession or causal exchange of controlled substance, excluding marijuana, under § 39-17-418(a) ; (29) Solicitation of a Class D felony, under §§ 39-12-102 and 39-12-107 ; (30) Stalking, under § 39-17-315(b)(1) ; (31) Unauthorized use of automobiles and other vehicles, under § 39-14-106 ; (32) Unlawful carrying and possession of a firearm, under §§ 39-17-1307(h)(1) and 39-17-1307(f)(1) ; (33) Vandalism, under § 39-14-408 ; or (34) Violation of an order of protection or restraining order, under § 39-13-113(g) . (b) Notwithstanding subsection (c), a defendant convicted of any combination of five (5) or more qualifying misdemeanors is deemed a recidivist misdemeanant and commits a Class E felony on the sixth or subsequent qualifying misdemeanor. (c) A defendant commits a Class E felony upon a third or subsequent conviction of any combination of the following offenses: (1) Assault against a first responder or nurse, under § 39-13-116(a) ; (2) Child abuse, under § 39-15-401(a) ; (3) Child neglect or endangerment, under § 39-15-401(b) ; (4) Domestic assault, under § 39-13-111 ; (5) Unlawful carrying and possession of a firearm, under §§ 39-17-1307(h)(1) and 39-17-1307(f)(1) ; (6) Violation of an order of protection or restraining order, under § 39-13-113(g) ; or (7) Violation of a no contact order, under § 39-13-113(i) . (d) If the offense date of a preceding qualifying misdemeanor conviction is within ten (10) years of the date of the present offense, all eligible qualifying misdemeanor convictions occurring within twenty (20) years of the offense date of the present offense must be considered when determining the total number of preceding qualifying misdemeanor criminal convictions. (e) This section does not apply if more than ten (10) years have elapsed between the offense date of the present offense and the offense date of a preceding qualifying misdemeanor conviction. (f) A preceding qualifying misdemeanor conviction from another jurisdiction other than this state must be considered a preceding qualifying misdemeanor conviction if the elements of the offense are the same as the elements of a comparable offense in this state. (g) If more than one (1) preceding qualifying misdemeanor conviction occurs on a single date, only one (1) conviction from that date may be used for the purposes of this section. (h) To seek enhanced punishment under this section, eligible preceding qualifying misdemeanor convictions must be alleged in a separate count of the indictment. The indictment must include: (1) The dates of the offenses; (2) The dates of the convictions; (3) The names of the preceding offenses; and (4) The jurisdiction where the preceding qualifying misdemeanor convictions occurred. (i) A certified judgment or certified copies of the records of a court clerk constitutes prima facie evidence of a preceding qualifying misdemeanor conviction for purposes of this section. (j) This section does not prohibit a district attorney general from seeking enhanced punishment under any other laws of this state. Added by 2024 Tenn. Acts, ch. 987,s 3, eff. 7/1/2024.
(a) "Qualifying misdemeanor" means any of the following misdemeanor convictions: (1) A misdemeanor offense of solicitation of a minor, under § 39-13-528 ; (2) A misdemeanor offense of theft of property, under § 39-14-103 ; (3) A misdemeanor offense of theft of services, under § 39-14-104 ; (4) Aggravated criminal trespass, under § 39-14-406 ; (5) Assault, under § 39-13-101 ; (6) Assault against a first responder or nurse, under § 39-13-116(a) ; (7) Child abuse, under § 39-15-401(a) ; (8) Child neglect or endangerment, under § 39-15-401(b) ; (9) Criminal attempt of a Class E felony, under § 39-12-101 and § 39-12-107 ; (10) Criminal conspiracy of a Class E felony, under § 39-12-103 and § 39-12-107 ; (11) Criminal responsibility for the facilitation of a Class E felony, under § 39-11-403 ; (12) Driving under the influence, under § 55-10-401 ; (13) Domestic assault, under § 39-13-111 ; (14) Electronic tracking of motor vehicles, under § 39-13-606 ; (15) Escape, under § 39-16-605(c)(1)(A) ; (16) Evading arrest, under § 39-16-603 ; (17) False imprisonment, under § 39-13-302 ; (18) Fraudulent use of a credit card, under § 39-14-118(b) ; (19) Harassment, under § 39-17-308(a) ; (20) Inciting to riot, under § 39-17-304 ; (21) Indecent exposure, under § 39-13-511 ; (22) Possession of a firearm while a protective order is in effect, under § 39-13-113(h) ; (23) Providing handguns to juveniles, under § 39-17-1320(a) ; (24) Public indecency, under § 39-13-517 ; (25) Reckless burning, under § 39-14-304 ; (26) Reckless endangerment, under § 39-13-103 ; (27) Riot, under § 39-17-302 ; (28) Simple possession or causal exchange of controlled substance, excluding marijuana, under § 39-17-418(a) ; (29) Solicitation of a Class D felony, under §§ 39-12-102 and 39-12-107 ; (30) Stalking, under § 39-17-315(b)(1) ; (31) Unauthorized use of automobiles and other vehicles, under § 39-14-106 ; (32) Unlawful carrying and possession of a firearm, under §§ 39-17-1307(h)(1) and 39-17-1307(f)(1) ; (33) Vandalism, under § 39-14-408 ; or (34) Violation of an order of protection or restraining order, under § 39-13-113(g) .
(1) A misdemeanor offense of solicitation of a minor, under § 39-13-528 ;
(2) A misdemeanor offense of theft of property, under § 39-14-103 ;
(3) A misdemeanor offense of theft of services, under § 39-14-104 ;
(4) Aggravated criminal trespass, under § 39-14-406 ;
(5) Assault, under § 39-13-101 ;
(6) Assault against a first responder or nurse, under § 39-13-116(a) ;
(7) Child abuse, under § 39-15-401(a) ;
(8) Child neglect or endangerment, under § 39-15-401(b) ;
(9) Criminal attempt of a Class E felony, under § 39-12-101 and § 39-12-107 ;
(10) Criminal conspiracy of a Class E felony, under § 39-12-103 and § 39-12-107 ;
(11) Criminal responsibility for the facilitation of a Class E felony, under § 39-11-403 ;
(12) Driving under the influence, under § 55-10-401 ;
(13) Domestic assault, under § 39-13-111 ;
(14) Electronic tracking of motor vehicles, under § 39-13-606 ;
(15) Escape, under § 39-16-605(c)(1)(A) ;
(16) Evading arrest, under § 39-16-603 ;
(17) False imprisonment, under § 39-13-302 ;
(18) Fraudulent use of a credit card, under § 39-14-118(b) ;
(19) Harassment, under § 39-17-308(a) ;
(20) Inciting to riot, under § 39-17-304 ;
(21) Indecent exposure, under § 39-13-511 ;
(22) Possession of a firearm while a protective order is in effect, under § 39-13-113(h) ;
(23) Providing handguns to juveniles, under § 39-17-1320(a) ;
(24) Public indecency, under § 39-13-517 ;
(25) Reckless burning, under § 39-14-304 ;
(26) Reckless endangerment, under § 39-13-103 ;
(27) Riot, under § 39-17-302 ;
(28) Simple possession or causal exchange of controlled substance, excluding marijuana, under § 39-17-418(a) ;
(29) Solicitation of a Class D felony, under §§ 39-12-102 and 39-12-107 ;
(30) Stalking, under § 39-17-315(b)(1) ;
(31) Unauthorized use of automobiles and other vehicles, under § 39-14-106 ;
(32) Unlawful carrying and possession of a firearm, under §§ 39-17-1307(h)(1) and 39-17-1307(f)(1) ;
(33) Vandalism, under § 39-14-408 ; or
(34) Violation of an order of protection or restraining order, under § 39-13-113(g) .
(b) Notwithstanding subsection (c), a defendant convicted of any combination of five (5) or more qualifying misdemeanors is deemed a recidivist misdemeanant and commits a Class E felony on the sixth or subsequent qualifying misdemeanor.
(c) A defendant commits a Class E felony upon a third or subsequent conviction of any combination of the following offenses: (1) Assault against a first responder or nurse, under § 39-13-116(a) ; (2) Child abuse, under § 39-15-401(a) ; (3) Child neglect or endangerment, under § 39-15-401(b) ; (4) Domestic assault, under § 39-13-111 ; (5) Unlawful carrying and possession of a firearm, under §§ 39-17-1307(h)(1) and 39-17-1307(f)(1) ; (6) Violation of an order of protection or restraining order, under § 39-13-113(g) ; or (7) Violation of a no contact order, under § 39-13-113(i) .
(1) Assault against a first responder or nurse, under § 39-13-116(a) ;
(2) Child abuse, under § 39-15-401(a) ;
(3) Child neglect or endangerment, under § 39-15-401(b) ;
(4) Domestic assault, under § 39-13-111 ;
(5) Unlawful carrying and possession of a firearm, under §§ 39-17-1307(h)(1) and 39-17-1307(f)(1) ;
(6) Violation of an order of protection or restraining order, under § 39-13-113(g) ; or
(7) Violation of a no contact order, under § 39-13-113(i) .
(d) If the offense date of a preceding qualifying misdemeanor conviction is within ten (10) years of the date of the present offense, all eligible qualifying misdemeanor convictions occurring within twenty (20) years of the offense date of the present offense must be considered when determining the total number of preceding qualifying misdemeanor criminal convictions.
(e) This section does not apply if more than ten (10) years have elapsed between the offense date of the present offense and the offense date of a preceding qualifying misdemeanor conviction.
(f) A preceding qualifying misdemeanor conviction from another jurisdiction other than this state must be considered a preceding qualifying misdemeanor conviction if the elements of the offense are the same as the elements of a comparable offense in this state.
(g) If more than one (1) preceding qualifying misdemeanor conviction occurs on a single date, only one (1) conviction from that date may be used for the purposes of this section.
(h) To seek enhanced punishment under this section, eligible preceding qualifying misdemeanor convictions must be alleged in a separate count of the indictment. The indictment must include: (1) The dates of the offenses; (2) The dates of the convictions; (3) The names of the preceding offenses; and (4) The jurisdiction where the preceding qualifying misdemeanor convictions occurred.
(1) The dates of the offenses;
(2) The dates of the convictions;
(3) The names of the preceding offenses; and
(4) The jurisdiction where the preceding qualifying misdemeanor convictions occurred.
(i) A certified judgment or certified copies of the records of a court clerk constitutes prima facie evidence of a preceding qualifying misdemeanor conviction for purposes of this section.
(j) This section does not prohibit a district attorney general from seeking enhanced punishment under any other laws of this state.
Added by 2024 Tenn. Acts, ch. 987,s 3, eff. 7/1/2024.
Tenn. Code Ann. § 40-7-205 — TN Code / Title 40 / Chapter 7 / Section 40-7-205
Certification of law to other states
Status: in_force

It is the duty of the secretary of state to certify a copy of this part to the executive department of each of the states of the United States. Acts 1939, ch. 146, § 6; C. Supp. 1950, § 11546.7 (Williams, § 11546.6); T.C.A. (orig. ed.), § 40-815.
It is the duty of the secretary of state to certify a copy of this part to the executive department of each of the states of the United States.
Acts 1939, ch. 146, § 6; C. Supp. 1950, § 11546.7 (Williams, § 11546.6); T.C.A. (orig. ed.), § 40-815.
Tenn. Code Ann. § 40-29-203 — TN Code / Title 40 / Chapter 29 / Section 40-29-203
Certificate of voting rights restoration
Status: in_force

(a) A person eligible to apply for a voter registration card and have the right of suffrage restored, pursuant to § 40-29-202 , may request, and then shall be issued, a certificate of voting rights restoration upon a form prescribed by the coordinator of elections, by: (1) The pardoning authority; (2) The warden or an agent or officer of the incarcerating authority; or (3) A parole officer or another agent or officer of the supervising authority. (b) The issuing authority shall supply the person being released with a written statement explaining the purpose and effect of the certificate of voting rights restoration and explaining the procedure by which the person may use the certificate to apply for and receive a voter registration card and become eligible to vote. (c) A certificate of voting rights restoration issued pursuant to subsection (a) shall be sufficient proof that the person named on the certificate is no longer disqualified from voting by reason of having been convicted of an infamous crime. (d) Any person issued a certificate of voting rights restoration pursuant to this section shall submit the certificate to the administrator of elections of the county in which the person is eligible to vote. The administrator of elections shall send the certificate to the coordinator of elections who shall verify that the certificate was issued in compliance with this section. Upon determining that the certificate complies with this section, the coordinator shall notify the appropriate administrator of elections and, after determining that the person is qualified to vote in that county by using the same verification procedure used for any applicant, the administrator shall grant the application for a voter registration card. The administrator shall issue a voter registration card and the card shall be mailed to the applicant in the same manner as provided for any newly issued card. Amended by 2013 Tenn. Acts, ch. 231,s 12, eff. 7/1/2013. Acts 2006, ch. 860, § 1.
(a) A person eligible to apply for a voter registration card and have the right of suffrage restored, pursuant to § 40-29-202 , may request, and then shall be issued, a certificate of voting rights restoration upon a form prescribed by the coordinator of elections, by: (1) The pardoning authority; (2) The warden or an agent or officer of the incarcerating authority; or (3) A parole officer or another agent or officer of the supervising authority.
(1) The pardoning authority;
(2) The warden or an agent or officer of the incarcerating authority; or
(3) A parole officer or another agent or officer of the supervising authority.
(b) The issuing authority shall supply the person being released with a written statement explaining the purpose and effect of the certificate of voting rights restoration and explaining the procedure by which the person may use the certificate to apply for and receive a voter registration card and become eligible to vote.
(c) A certificate of voting rights restoration issued pursuant to subsection (a) shall be sufficient proof that the person named on the certificate is no longer disqualified from voting by reason of having been convicted of an infamous crime.
(d) Any person issued a certificate of voting rights restoration pursuant to this section shall submit the certificate to the administrator of elections of the county in which the person is eligible to vote. The administrator of elections shall send the certificate to the coordinator of elections who shall verify that the certificate was issued in compliance with this section. Upon determining that the certificate complies with this section, the coordinator shall notify the appropriate administrator of elections and, after determining that the person is qualified to vote in that county by using the same verification procedure used for any applicant, the administrator shall grant the application for a voter registration card. The administrator shall issue a voter registration card and the card shall be mailed to the applicant in the same manner as provided for any newly issued card.
Amended by 2013 Tenn. Acts, ch. 231,s 12, eff. 7/1/2013.
Acts 2006, ch. 860, § 1.
Tenn. Code Ann. § 40-35-209 — TN Code / Title 40 / Chapter 35 / Section 40-35-209
Sentencing hearing - Transfer of report to department of correction or local jail or workhouse - Form of judgment of conviction
Status: in_force

(a) Before imposing sentence or making other disposition upon acceptance of a plea of guilty or upon a verdict or finding of guilty, the court shall conduct a sentencing hearing without unreasonable delay, but in no event more than forty-five (45) days after the finding of guilt, except as provided in § 40-35-203(b) relating to agreed sentences and § 40-35-203(c) relating to capital crimes. The court, upon the request of either party and with good cause shown, shall continue the sentencing hearing for at least five (5) days, but not more than thirty (30) days, after the filing of a presentence report, unless either party shows good cause for further postponement or unless these time constraints will unduly prejudice the position of either party. (b) At the sentencing hearing, the court shall afford the parties the opportunity to be heard and present evidence relevant to the sentencing of the defendant and may afford the victim of the offense or the family of the victim the opportunity to testify relevant to the sentencing of the defendant. The court may allow the parties to subpoena witnesses and call or cross-examine witnesses, including, but not limited to, the person who prepared the presentence report and any person whose information contained in the presentence report is relevant to the sentencing decision. At the sentencing hearing, the district attorney general shall be the first party to present evidence and then the defendant shall have an opportunity to present evidence. Both parties may be allowed to call witnesses in rebuttal. The rules of evidence shall apply, except that reliable hearsay, including, but not limited to, certified copies of convictions or documents, may be admitted if the opposing party is accorded a fair opportunity to rebut any hearsay evidence so admitted; provided, that this subsection (b) shall not be construed to authorize the introduction of any evidence secured in violation of the United States or Tennessee constitutions. (c) A record of the sentencing hearing is kept and preserved in the same manner as trial records. The record of the sentencing hearing is part of the record of the case and shall include specific findings of fact upon which application of the sentencing principles was based. (d) (1) Whenever a defendant is sentenced for a felony to the custody of the department of correction or a local jail or workhouse, the sentencing court shall transmit to the commissioner of correction or the superintendent of the local jail or workhouse a copy of the defendant's presentence report when one is prepared in accordance with this chapter. If the presentence report was controverted at the sentencing hearing, the court shall order the report modified to incorporate any findings of the court that are inconsistent with the original report, and the defendant shall be entitled to file a statement in response to the presentence report and the court's findings. If there is no presentence report and the defendant is sentenced for a felony to the department or local jail or workhouse, the court shall direct the presentence service officer to make an investigation and report in conformity with § 40-35-207 . The clerk shall, within ten (10) days after entry of the judgment of conviction of the defendant to a local jail or workhouse, transmit to the superintendent of the institution the original or modified presentence report and shall, within ten (10) days after receiving statements from the counsel for the defendant, transmit a copy to the superintendent and a copy to the district attorney general; provided, that this requirement shall not be cause for delay in conveying the defendant to the local institution to which the defendant has been committed. Notwithstanding any other law to the contrary, no defendant sentenced to the custody of the department shall be committed or conveyed to the department unaccompanied by the completed presentence report or investigation and report required by this section. (2) The department has the authority to employ a sufficient number of presentence service officers to provide the additional reports required by this subsection (d). (3) In those counties wherein a presentence report is prepared upon instructions of the court before the trial of any person, the presentence report shall not be commented upon or read to the jury by the judge or the district attorney general or defense counsel. (e) (1) After the defendant is sentenced, the district attorney general shall complete and file within thirty (30) days the uniform judgment document for the conviction that is signed by all parties; but if not signed by the parties, the clerk shall make a copy of the document available to the parties before entry by the court, which shall indicate for each offense the following: (A) The type of offense for which the defendant was charged and convicted and the sentence imposed; (B) Whether the defendant was sentenced as a standard offender; (C) Whether the defendant was sentenced as a multiple offender; (D) Whether the defendant was sentenced as a persistent offender; (E) Whether the defendant was sentenced as a career offender; (F) Whether the defendant was sentenced as a repeat violent offender; (G) Whether the defendant was sentenced as a one hundred percent (100%) offender pursuant to § 40-35-501(i) ; (H) Whether the defendant was sentenced as an especially mitigated offender; (I) Whether the sentence was to a local jail; (J) Whether the sentence was to a local workhouse; (K) Whether the sentence was to the department; (L) Whether the sentence was to probation supervision; (M) Whether the sentence was to continuous confinement or periodic confinement followed by a period of probation supervision; (N) Whether the sentence was to a community-based alternative to incarceration as provided in chapter 36 of this title; (O) Whether the sentence runs concurrently or consecutively with any other sentence; (P) The amount, if any, of pretrial jail credit awarded pursuant to § 40-23-101 ; (Q) The social security number of the defendant; (R) The date of birth of defendant; and (S) The date the conviction offense was committed. (2) After the defendant is sentenced the uniform judgment document completed by the district attorney general is a public record and is available to anyone upon request. (f) The supreme court shall promulgate a uniform judgment document for use by the trial judges in this state, and the trial judges shall employ that document for each criminal case resulting in a conviction. (g) If the judgment of conviction does not include the information required in subsection (e), it shall be returned to the sentencing court to be completed. Acts 1989, ch. 591, § 6; 1994, ch. 994, § 3; 2000, ch. 800, §§ 3, 4; 2009 , ch. 379, §§ 1, 2.
(a) Before imposing sentence or making other disposition upon acceptance of a plea of guilty or upon a verdict or finding of guilty, the court shall conduct a sentencing hearing without unreasonable delay, but in no event more than forty-five (45) days after the finding of guilt, except as provided in § 40-35-203(b) relating to agreed sentences and § 40-35-203(c) relating to capital crimes. The court, upon the request of either party and with good cause shown, shall continue the sentencing hearing for at least five (5) days, but not more than thirty (30) days, after the filing of a presentence report, unless either party shows good cause for further postponement or unless these time constraints will unduly prejudice the position of either party.
(b) At the sentencing hearing, the court shall afford the parties the opportunity to be heard and present evidence relevant to the sentencing of the defendant and may afford the victim of the offense or the family of the victim the opportunity to testify relevant to the sentencing of the defendant. The court may allow the parties to subpoena witnesses and call or cross-examine witnesses, including, but not limited to, the person who prepared the presentence report and any person whose information contained in the presentence report is relevant to the sentencing decision. At the sentencing hearing, the district attorney general shall be the first party to present evidence and then the defendant shall have an opportunity to present evidence. Both parties may be allowed to call witnesses in rebuttal. The rules of evidence shall apply, except that reliable hearsay, including, but not limited to, certified copies of convictions or documents, may be admitted if the opposing party is accorded a fair opportunity to rebut any hearsay evidence so admitted; provided, that this subsection (b) shall not be construed to authorize the introduction of any evidence secured in violation of the United States or Tennessee constitutions.
(c) A record of the sentencing hearing is kept and preserved in the same manner as trial records. The record of the sentencing hearing is part of the record of the case and shall include specific findings of fact upon which application of the sentencing principles was based.
(d) (1) Whenever a defendant is sentenced for a felony to the custody of the department of correction or a local jail or workhouse, the sentencing court shall transmit to the commissioner of correction or the superintendent of the local jail or workhouse a copy of the defendant's presentence report when one is prepared in accordance with this chapter. If the presentence report was controverted at the sentencing hearing, the court shall order the report modified to incorporate any findings of the court that are inconsistent with the original report, and the defendant shall be entitled to file a statement in response to the presentence report and the court's findings. If there is no presentence report and the defendant is sentenced for a felony to the department or local jail or workhouse, the court shall direct the presentence service officer to make an investigation and report in conformity with § 40-35-207 . The clerk shall, within ten (10) days after entry of the judgment of conviction of the defendant to a local jail or workhouse, transmit to the superintendent of the institution the original or modified presentence report and shall, within ten (10) days after receiving statements from the counsel for the defendant, transmit a copy to the superintendent and a copy to the district attorney general; provided, that this requirement shall not be cause for delay in conveying the defendant to the local institution to which the defendant has been committed. Notwithstanding any other law to the contrary, no defendant sentenced to the custody of the department shall be committed or conveyed to the department unaccompanied by the completed presentence report or investigation and report required by this section. (2) The department has the authority to employ a sufficient number of presentence service officers to provide the additional reports required by this subsection (d). (3) In those counties wherein a presentence report is prepared upon instructions of the court before the trial of any person, the presentence report shall not be commented upon or read to the jury by the judge or the district attorney general or defense counsel.
(1) Whenever a defendant is sentenced for a felony to the custody of the department of correction or a local jail or workhouse, the sentencing court shall transmit to the commissioner of correction or the superintendent of the local jail or workhouse a copy of the defendant's presentence report when one is prepared in accordance with this chapter. If the presentence report was controverted at the sentencing hearing, the court shall order the report modified to incorporate any findings of the court that are inconsistent with the original report, and the defendant shall be entitled to file a statement in response to the presentence report and the court's findings. If there is no presentence report and the defendant is sentenced for a felony to the department or local jail or workhouse, the court shall direct the presentence service officer to make an investigation and report in conformity with § 40-35-207 . The clerk shall, within ten (10) days after entry of the judgment of conviction of the defendant to a local jail or workhouse, transmit to the superintendent of the institution the original or modified presentence report and shall, within ten (10) days after receiving statements from the counsel for the defendant, transmit a copy to the superintendent and a copy to the district attorney general; provided, that this requirement shall not be cause for delay in conveying the defendant to the local institution to which the defendant has been committed. Notwithstanding any other law to the contrary, no defendant sentenced to the custody of the department shall be committed or conveyed to the department unaccompanied by the completed presentence report or investigation and report required by this section.
(2) The department has the authority to employ a sufficient number of presentence service officers to provide the additional reports required by this subsection (d).
(3) In those counties wherein a presentence report is prepared upon instructions of the court before the trial of any person, the presentence report shall not be commented upon or read to the jury by the judge or the district attorney general or defense counsel.
(e) (1) After the defendant is sentenced, the district attorney general shall complete and file within thirty (30) days the uniform judgment document for the conviction that is signed by all parties; but if not signed by the parties, the clerk shall make a copy of the document available to the parties before entry by the court, which shall indicate for each offense the following: (A) The type of offense for which the defendant was charged and convicted and the sentence imposed; (B) Whether the defendant was sentenced as a standard offender; (C) Whether the defendant was sentenced as a multiple offender; (D) Whether the defendant was sentenced as a persistent offender; (E) Whether the defendant was sentenced as a career offender; (F) Whether the defendant was sentenced as a repeat violent offender; (G) Whether the defendant was sentenced as a one hundred percent (100%) offender pursuant to § 40-35-501(i) ; (H) Whether the defendant was sentenced as an especially mitigated offender; (I) Whether the sentence was to a local jail; (J) Whether the sentence was to a local workhouse; (K) Whether the sentence was to the department; (L) Whether the sentence was to probation supervision; (M) Whether the sentence was to continuous confinement or periodic confinement followed by a period of probation supervision; (N) Whether the sentence was to a community-based alternative to incarceration as provided in chapter 36 of this title; (O) Whether the sentence runs concurrently or consecutively with any other sentence; (P) The amount, if any, of pretrial jail credit awarded pursuant to § 40-23-101 ; (Q) The social security number of the defendant; (R) The date of birth of defendant; and (S) The date the conviction offense was committed. (2) After the defendant is sentenced the uniform judgment document completed by the district attorney general is a public record and is available to anyone upon request.
(1) After the defendant is sentenced, the district attorney general shall complete and file within thirty (30) days the uniform judgment document for the conviction that is signed by all parties; but if not signed by the parties, the clerk shall make a copy of the document available to the parties before entry by the court, which shall indicate for each offense the following: (A) The type of offense for which the defendant was charged and convicted and the sentence imposed; (B) Whether the defendant was sentenced as a standard offender; (C) Whether the defendant was sentenced as a multiple offender; (D) Whether the defendant was sentenced as a persistent offender; (E) Whether the defendant was sentenced as a career offender; (F) Whether the defendant was sentenced as a repeat violent offender; (G) Whether the defendant was sentenced as a one hundred percent (100%) offender pursuant to § 40-35-501(i) ; (H) Whether the defendant was sentenced as an especially mitigated offender; (I) Whether the sentence was to a local jail; (J) Whether the sentence was to a local workhouse; (K) Whether the sentence was to the department; (L) Whether the sentence was to probation supervision; (M) Whether the sentence was to continuous confinement or periodic confinement followed by a period of probation supervision; (N) Whether the sentence was to a community-based alternative to incarceration as provided in chapter 36 of this title; (O) Whether the sentence runs concurrently or consecutively with any other sentence; (P) The amount, if any, of pretrial jail credit awarded pursuant to § 40-23-101 ; (Q) The social security number of the defendant; (R) The date of birth of defendant; and (S) The date the conviction offense was committed.
(A) The type of offense for which the defendant was charged and convicted and the sentence imposed;
(B) Whether the defendant was sentenced as a standard offender;
(C) Whether the defendant was sentenced as a multiple offender;
(D) Whether the defendant was sentenced as a persistent offender;
(E) Whether the defendant was sentenced as a career offender;
(F) Whether the defendant was sentenced as a repeat violent offender;
(G) Whether the defendant was sentenced as a one hundred percent (100%) offender pursuant to § 40-35-501(i) ;
(H) Whether the defendant was sentenced as an especially mitigated offender;
(I) Whether the sentence was to a local jail;
(J) Whether the sentence was to a local workhouse;
(K) Whether the sentence was to the department;
(L) Whether the sentence was to probation supervision;
(M) Whether the sentence was to continuous confinement or periodic confinement followed by a period of probation supervision;
(N) Whether the sentence was to a community-based alternative to incarceration as provided in chapter 36 of this title;
(O) Whether the sentence runs concurrently or consecutively with any other sentence;
(P) The amount, if any, of pretrial jail credit awarded pursuant to § 40-23-101 ;
(Q) The social security number of the defendant;
(R) The date of birth of defendant; and
(S) The date the conviction offense was committed.
(2) After the defendant is sentenced the uniform judgment document completed by the district attorney general is a public record and is available to anyone upon request.
(f) The supreme court shall promulgate a uniform judgment document for use by the trial judges in this state, and the trial judges shall employ that document for each criminal case resulting in a conviction.
(g) If the judgment of conviction does not include the information required in subsection (e), it shall be returned to the sentencing court to be completed.
Acts 1989, ch. 591, § 6; 1994, ch. 994, § 3; 2000, ch. 800, §§ 3, 4; 2009 , ch. 379, §§ 1, 2.
Tenn. Code Ann. § 40-3-203 — TN Code / Title 40 / Chapter 3 / Section 40-3-203
Bad check restitution program - Application - Fees and charges - Failure to pay bad check
Status: in_force

(a) Before commencing a criminal prosecution in a bad check case, any victim, including any municipal, county or state officer that has received a bad check, may apply to the clerk who serves the court of general criminal jurisdiction in the county where the alleged offense occurred for participation in the bad check restitution program. Upon completion of an application form and the payment of a ten-dollar fee by the victim, the clerk shall forward the form to the district attorney general, who shall then send a letter to the last known address of the alleged violator stating that unless the amount of the check plus the application fee and a handling charge of ten dollars ($10.00) is paid to the holder of the check within fifteen (15) days, a criminal prosecution may be commenced. (b) The application form shall contain the name and address of the victim, the name and the address of the alleged violator, and shall have attached thereto a photocopy of the bad check. Except in those cases enumerated in § 39-14-121(e) , the application shall also contain a sworn statement that the alleged violator has failed to pay the check within ten (10) days of receiving notice of the drawee's refusal to pay. (c) The application fee shall be forwarded by the clerk to the county trustee as provided in § 40-3-207 , with the clerk retaining five dollars ($5.00) as a fee for handling. (d) In the event the alleged violator does not pay the check and is ultimately convicted of a criminal charge with respect to the check, any order directing the defendant to pay to the holder the amount due on the check shall also direct the defendant to reimburse the application fee paid under this section as well as to pay to the holder a handling fee of ten dollars ($10.00). Acts 1984, ch. 998, § 3; 1985, ch. 175, §§ 1, 2; 1992, ch. 962, § 4.
(a) Before commencing a criminal prosecution in a bad check case, any victim, including any municipal, county or state officer that has received a bad check, may apply to the clerk who serves the court of general criminal jurisdiction in the county where the alleged offense occurred for participation in the bad check restitution program. Upon completion of an application form and the payment of a ten-dollar fee by the victim, the clerk shall forward the form to the district attorney general, who shall then send a letter to the last known address of the alleged violator stating that unless the amount of the check plus the application fee and a handling charge of ten dollars ($10.00) is paid to the holder of the check within fifteen (15) days, a criminal prosecution may be commenced.
(b) The application form shall contain the name and address of the victim, the name and the address of the alleged violator, and shall have attached thereto a photocopy of the bad check. Except in those cases enumerated in § 39-14-121(e) , the application shall also contain a sworn statement that the alleged violator has failed to pay the check within ten (10) days of receiving notice of the drawee's refusal to pay.
(c) The application fee shall be forwarded by the clerk to the county trustee as provided in § 40-3-207 , with the clerk retaining five dollars ($5.00) as a fee for handling.
(d) In the event the alleged violator does not pay the check and is ultimately convicted of a criminal charge with respect to the check, any order directing the defendant to pay to the holder the amount due on the check shall also direct the defendant to reimburse the application fee paid under this section as well as to pay to the holder a handling fee of ten dollars ($10.00).
Acts 1984, ch. 998, § 3; 1985, ch. 175, §§ 1, 2; 1992, ch. 962, § 4.
Tenn. Code Ann. § 40-35-113 — TN Code / Title 40 / Chapter 35 / Section 40-35-113
Mitigating factors
Status: in_force

If appropriate for the offense, mitigating factors may include, but are not limited to: (1) The defendant's criminal conduct neither caused nor threatened serious bodily injury; (2) The defendant acted under strong provocation; (3) Substantial grounds exist tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense; (4) The defendant played a minor role in the commission of the offense; (5) Before detection, the defendant compensated or made a good faith attempt to compensate the victim of criminal conduct for the damage or injury the victim sustained; (6) The defendant, because of youth or old age, lacked substantial judgment in committing the offense; (7) The defendant was motivated by a desire to provide necessities for the defendant's family or the defendant's self; (8) The defendant was suffering from a mental or physical condition that significantly reduced the defendant's culpability for the offense; however, the voluntary use of intoxicants does not fall within the purview of this factor; (9) The defendant assisted the authorities in uncovering offenses committed by other persons or in detecting or apprehending other persons who had committed the offenses; (10) The defendant assisted the authorities in locating or recovering any property or person involved in the crime; (11) The defendant, although guilty of the crime, committed the offense under such unusual circumstances that it is unlikely that a sustained intent to violate the law motivated the criminal conduct; (12) The defendant acted under duress or under the domination of another person, even though the duress or the domination of another person is not sufficient to constitute a defense to the crime, including a misdemeanor or non-violent felony committed while the defendant was a victim of human trafficking or a commercial sex act; and (13) Any other factor consistent with the purposes of this chapter. Amended by 2022 Tenn. Acts, ch. 1115, s 17, eff. 7/1/2022. Acts 1989, ch. 591, § 6.
If appropriate for the offense, mitigating factors may include, but are not limited to:
(1) The defendant's criminal conduct neither caused nor threatened serious bodily injury;
(2) The defendant acted under strong provocation;
(3) Substantial grounds exist tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;
(4) The defendant played a minor role in the commission of the offense;
(5) Before detection, the defendant compensated or made a good faith attempt to compensate the victim of criminal conduct for the damage or injury the victim sustained;
(6) The defendant, because of youth or old age, lacked substantial judgment in committing the offense;
(7) The defendant was motivated by a desire to provide necessities for the defendant's family or the defendant's self;
(8) The defendant was suffering from a mental or physical condition that significantly reduced the defendant's culpability for the offense; however, the voluntary use of intoxicants does not fall within the purview of this factor;
(9) The defendant assisted the authorities in uncovering offenses committed by other persons or in detecting or apprehending other persons who had committed the offenses;
(10) The defendant assisted the authorities in locating or recovering any property or person involved in the crime;
(11) The defendant, although guilty of the crime, committed the offense under such unusual circumstances that it is unlikely that a sustained intent to violate the law motivated the criminal conduct;
(12) The defendant acted under duress or under the domination of another person, even though the duress or the domination of another person is not sufficient to constitute a defense to the crime, including a misdemeanor or non-violent felony committed while the defendant was a victim of human trafficking or a commercial sex act; and
(13) Any other factor consistent with the purposes of this chapter.
Amended by 2022 Tenn. Acts, ch. 1115, s 17, eff. 7/1/2022.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-11-115 — TN Code / Title 40 / Chapter 11 / Section 40-11-115
Release on recognizance or unsecured bond - Imposition of least restrictive conditions of release - Factors considered
Status: in_force

(a) (1) Any person charged with a bailable offense may, before a magistrate authorized to admit the person to bail, be ordered released pending trial: (A) On the person's personal recognizance; (B) Upon the execution of an unsecured appearance bond in an amount specified by the magistrate; or (C) With conditions of release, pursuant to this section and § 40-11-116 , which may include the deposit of bail. (2) In making a determination pursuant to subdivision (a)(1), the magistrate shall give first consideration to ensuring the safety of the community. If the magistrate orders that the person be released pending trial, then the magistrate must impose the least restrictive conditions of release that will reasonably ensure the appearance of the person as required and the safety of the community. (b) In determining under subsection (a) whether or not a defendant shall be released, and if so, the least restrictive conditions of release that will reasonably ensure the appearance of the defendant as required and the safety of the community, the magistrate must consider any available results of a validated pretrial risk assessment conducted regarding the defendant for use in the jurisdiction and the defendant's financial resources. In making this determination, the magistrate may also consider: (1) The defendant's length of residence in the community; (2) The defendant's employment status; (3) The defendant's prior criminal record, including prior releases on recognizance or bail; (4) Whether, at the time of being charged with the offense, the defendant was on release pending trial, sentencing, or appeal in connection with another offense; (5) The nature of the offense, the apparent probability of conviction, and the likely sentence, insofar as these factors are relevant to the risk of nonappearance and the safety of the community; (6) Any substance use or mental health issues that would be better addressed in a community-based treatment program; and (7) Any other factors indicating the defendant's ties to the community or bearing on the defendant's risk of willful failure to appear, including, but not limited to, whether the defendant is lawfully present in this state. (c) Any person charged only with a violation of § 55-50-504 whose driving privilege was cancelled, suspended, or revoked under § 40-24-105 solely because of a failure to pay litigation taxes, court costs, or fines assessed as a result of the disposition of any offense under the criminal laws of this state, and who does not have a prior conviction for failure to appear under § 39-16-609 within the previous ten (10) years, must be ordered released pending trial on the person's personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the magistrate. (d) Notwithstanding subsection (a), a person charged with any of the following offenses shall not be released on their own recognizance 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. (e) A defendant charged with a violation of § 39-13-102 or § 39-13-116 that involves strangulation of the victim shall not be released on the defendant's personal recognizance or upon execution of an unsecured bond. The magistrate must require the defendant to post bail to reasonably ensure the appearance of the person as required and the safety of the community, in addition to any other conditions of release imposed. Amended by 2024 Tenn. Acts, ch. 1063,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 976,s 6, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 612,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 612,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 440, s 4, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 362, s 1, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 409, Secs.s 7, s 8 eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 409, s 6, eff. 7/1/2021. Acts 1978, ch. 506, § 15; T.C.A., § 40-1215.
(a) (1) Any person charged with a bailable offense may, before a magistrate authorized to admit the person to bail, be ordered released pending trial: (A) On the person's personal recognizance; (B) Upon the execution of an unsecured appearance bond in an amount specified by the magistrate; or (C) With conditions of release, pursuant to this section and § 40-11-116 , which may include the deposit of bail. (2) In making a determination pursuant to subdivision (a)(1), the magistrate shall give first consideration to ensuring the safety of the community. If the magistrate orders that the person be released pending trial, then the magistrate must impose the least restrictive conditions of release that will reasonably ensure the appearance of the person as required and the safety of the community.
(1) Any person charged with a bailable offense may, before a magistrate authorized to admit the person to bail, be ordered released pending trial: (A) On the person's personal recognizance; (B) Upon the execution of an unsecured appearance bond in an amount specified by the magistrate; or (C) With conditions of release, pursuant to this section and § 40-11-116 , which may include the deposit of bail.
(A) On the person's personal recognizance;
(B) Upon the execution of an unsecured appearance bond in an amount specified by the magistrate; or
(C) With conditions of release, pursuant to this section and § 40-11-116 , which may include the deposit of bail.
(2) In making a determination pursuant to subdivision (a)(1), the magistrate shall give first consideration to ensuring the safety of the community. If the magistrate orders that the person be released pending trial, then the magistrate must impose the least restrictive conditions of release that will reasonably ensure the appearance of the person as required and the safety of the community.
(b) In determining under subsection (a) whether or not a defendant shall be released, and if so, the least restrictive conditions of release that will reasonably ensure the appearance of the defendant as required and the safety of the community, the magistrate must consider any available results of a validated pretrial risk assessment conducted regarding the defendant for use in the jurisdiction and the defendant's financial resources. In making this determination, the magistrate may also consider: (1) The defendant's length of residence in the community; (2) The defendant's employment status; (3) The defendant's prior criminal record, including prior releases on recognizance or bail; (4) Whether, at the time of being charged with the offense, the defendant was on release pending trial, sentencing, or appeal in connection with another offense; (5) The nature of the offense, the apparent probability of conviction, and the likely sentence, insofar as these factors are relevant to the risk of nonappearance and the safety of the community; (6) Any substance use or mental health issues that would be better addressed in a community-based treatment program; and (7) Any other factors indicating the defendant's ties to the community or bearing on the defendant's risk of willful failure to appear, including, but not limited to, whether the defendant is lawfully present in this state.
(1) The defendant's length of residence in the community;
(2) The defendant's employment status;
(3) The defendant's prior criminal record, including prior releases on recognizance or bail;
(4) Whether, at the time of being charged with the offense, the defendant was on release pending trial, sentencing, or appeal in connection with another offense;
(5) The nature of the offense, the apparent probability of conviction, and the likely sentence, insofar as these factors are relevant to the risk of nonappearance and the safety of the community;
(6) Any substance use or mental health issues that would be better addressed in a community-based treatment program; and
(7) Any other factors indicating the defendant's ties to the community or bearing on the defendant's risk of willful failure to appear, including, but not limited to, whether the defendant is lawfully present in this state.
(c) Any person charged only with a violation of § 55-50-504 whose driving privilege was cancelled, suspended, or revoked under § 40-24-105 solely because of a failure to pay litigation taxes, court costs, or fines assessed as a result of the disposition of any offense under the criminal laws of this state, and who does not have a prior conviction for failure to appear under § 39-16-609 within the previous ten (10) years, must be ordered released pending trial on the person's personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the magistrate.
(d) Notwithstanding subsection (a), a person charged with any of the following offenses shall not be released on their own recognizance 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.
(e) A defendant charged with a violation of § 39-13-102 or § 39-13-116 that involves strangulation of the victim shall not be released on the defendant's personal recognizance or upon execution of an unsecured bond. The magistrate must require the defendant to post bail to reasonably ensure the appearance of the person as required and the safety of the community, in addition to any other conditions of release imposed.
Amended by 2024 Tenn. Acts, ch. 1063,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 976,s 6, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 612,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 612,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 440, s 4, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 362, s 1, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 409, Secs.s 7, s 8 eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 409, s 6, eff. 7/1/2021.
Acts 1978, ch. 506, § 15; T.C.A., § 40-1215.
Tenn. Code Ann. § 40-14-207 — TN Code / Title 40 / Chapter 14 / Section 40-14-207
Compensation - Necessary services for indigent defendants
Status: in_force

(a) Other than public defenders and post-conviction defenders, attorneys appointed under this part shall be entitled to reasonable compensation for their services prior to trial, at trial, and during the appeal of the cause and shall be entitled to reimbursement for their reasonable and necessary expenses in accordance with the rules of the supreme court. (b) In capital cases where the defendant has been found to be indigent by the court of record having jurisdiction of the case, the court in an ex parte hearing may, in its discretion, determine that investigative or expert services or other similar services are necessary to ensure that the constitutional rights of the defendant are properly protected. If that determination is made, the court may grant prior authorization for these necessary services in a reasonable amount to be determined by the court. The authorization shall be evidenced by a signed order of the court. The order shall provide for the reimbursement of reasonable and necessary expenses by the administrative director of the courts as authorized by this part and rules promulgated thereunder by the supreme court. Acts 1965, ch. 217, § 10; 1973, ch. 248, § 1; T.C.A., § 40-2023; Acts 1984, ch. 925, § 1; 1986, ch. 878, §§ 3, 4; 1988, ch. 996, §§ 1-3; 1992, ch. 965, § 2; 1993, ch. 66, §§ 51, 52; 2005, ch. 104, § 1.
(a) Other than public defenders and post-conviction defenders, attorneys appointed under this part shall be entitled to reasonable compensation for their services prior to trial, at trial, and during the appeal of the cause and shall be entitled to reimbursement for their reasonable and necessary expenses in accordance with the rules of the supreme court.
(b) In capital cases where the defendant has been found to be indigent by the court of record having jurisdiction of the case, the court in an ex parte hearing may, in its discretion, determine that investigative or expert services or other similar services are necessary to ensure that the constitutional rights of the defendant are properly protected. If that determination is made, the court may grant prior authorization for these necessary services in a reasonable amount to be determined by the court. The authorization shall be evidenced by a signed order of the court. The order shall provide for the reimbursement of reasonable and necessary expenses by the administrative director of the courts as authorized by this part and rules promulgated thereunder by the supreme court.
Acts 1965, ch. 217, § 10; 1973, ch. 248, § 1; T.C.A., § 40-2023; Acts 1984, ch. 925, § 1; 1986, ch. 878, §§ 3, 4; 1988, ch. 996, §§ 1-3; 1992, ch. 965, § 2; 1993, ch. 66, §§ 51, 52; 2005, ch. 104, § 1.
Tenn. Code Ann. § 40-28-202 — TN Code / Title 40 / Chapter 28 / Section 40-28-202
"Hardship" defined
Status: in_force

(a) As used in § 40-28-201 , "hardship" includes, but is not limited to, the following: (1) If a probationer, parolee or employed releasee's sole income is from social security or welfare benefits; (2) If the probationer, parolee or employed releasee has doctor, hospital or medical expenses exceeding twenty-five percent (25%) of total gross monthly income and is not covered by insurance, workers' compensation or any other source of reimbursement; (3) If a probationer, parolee or employed releasee has a certificate from a doctor, whose residence is in Tennessee and is licensed to practice in this state, stating that the person is physically or mentally incapable of working; (4) Any parolee transferred to another state under the supervision of the Interstate Compact for the Supervision of Adult Offenders, compiled as part 4 of this chapter; (5) If a probationer, parolee or employed releasee has an excessive amount of gross monthly income obligated for court ordered expenses such as alimony, child support, etc.; (6) Any person already paying restitution to a victim under a department program shall be exempted from the contributions to the criminal injuries compensation fund but shall not be exempt from contributions to the rehabilitation and supervision fund required by § 40-28-201 ; and (7) Any person whose income falls below the poverty level according to the latest determination by the United States bureau of the census. (b) Notwithstanding the provisions of this section, every person placed on probation or granted parole shall pay a minimum of five dollars ($5.00) to the supervision fund, except those individuals claiming a hardship exemption under subdivisions (a)(1), (3) and (4). Acts 1979, ch. 319, § 1; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 836, §§ 1-9; 1982, ch. 605, §§ 1-3; T.C.A., § 40-3630(d); Acts 1988, ch. 528, § 5; 1989, ch. 227, § 49; 1995, ch. 497, § 3; 1998, ch. 1049, § 24; 2012 , ch. 727, § 37.
(a) As used in § 40-28-201 , "hardship" includes, but is not limited to, the following: (1) If a probationer, parolee or employed releasee's sole income is from social security or welfare benefits; (2) If the probationer, parolee or employed releasee has doctor, hospital or medical expenses exceeding twenty-five percent (25%) of total gross monthly income and is not covered by insurance, workers' compensation or any other source of reimbursement; (3) If a probationer, parolee or employed releasee has a certificate from a doctor, whose residence is in Tennessee and is licensed to practice in this state, stating that the person is physically or mentally incapable of working; (4) Any parolee transferred to another state under the supervision of the Interstate Compact for the Supervision of Adult Offenders, compiled as part 4 of this chapter; (5) If a probationer, parolee or employed releasee has an excessive amount of gross monthly income obligated for court ordered expenses such as alimony, child support, etc.; (6) Any person already paying restitution to a victim under a department program shall be exempted from the contributions to the criminal injuries compensation fund but shall not be exempt from contributions to the rehabilitation and supervision fund required by § 40-28-201 ; and (7) Any person whose income falls below the poverty level according to the latest determination by the United States bureau of the census.
(1) If a probationer, parolee or employed releasee's sole income is from social security or welfare benefits;
(2) If the probationer, parolee or employed releasee has doctor, hospital or medical expenses exceeding twenty-five percent (25%) of total gross monthly income and is not covered by insurance, workers' compensation or any other source of reimbursement;
(3) If a probationer, parolee or employed releasee has a certificate from a doctor, whose residence is in Tennessee and is licensed to practice in this state, stating that the person is physically or mentally incapable of working;
(4) Any parolee transferred to another state under the supervision of the Interstate Compact for the Supervision of Adult Offenders, compiled as part 4 of this chapter;
(5) If a probationer, parolee or employed releasee has an excessive amount of gross monthly income obligated for court ordered expenses such as alimony, child support, etc.;
(6) Any person already paying restitution to a victim under a department program shall be exempted from the contributions to the criminal injuries compensation fund but shall not be exempt from contributions to the rehabilitation and supervision fund required by § 40-28-201 ; and
(7) Any person whose income falls below the poverty level according to the latest determination by the United States bureau of the census.
(b) Notwithstanding the provisions of this section, every person placed on probation or granted parole shall pay a minimum of five dollars ($5.00) to the supervision fund, except those individuals claiming a hardship exemption under subdivisions (a)(1), (3) and (4).
Acts 1979, ch. 319, § 1; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 836, §§ 1-9; 1982, ch. 605, §§ 1-3; T.C.A., § 40-3630(d); Acts 1988, ch. 528, § 5; 1989, ch. 227, § 49; 1995, ch. 497, § 3; 1998, ch. 1049, § 24; 2012 , ch. 727, § 37.
Tenn. Code Ann. § 40-28-102 — TN Code / Title 40 / Chapter 28 / Section 40-28-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Board" means the board of parole; (2) "Commissioner" means the commissioner of correction; (3) "Department" means the department of correction; (4) "Executive director" means the officer employed by the board as the chief administrative officer of the agency; (5) "Notification," as used in this part, may include telephone, facsimile and internet communications; (6) "Parole" means the release of a prisoner to the community by the board prior to the expiration of the prisoner's term subject to conditions imposed by the board and to supervision by the department, or when a court or other authority has issued a warrant against the prisoner and the board, in its discretion, has released the prisoner to answer the warrant of the court or authority; and (7) "Probation and parole officer" means a probation and parole officer employed by the department. Acts 1937, ch. 276, §§ 1, 2; 1949, ch. 18, §§ 1-3; mod. C. Supp. 1950, §§ 11818.1, 11818.2 (Williams, §§ 11843.1, 11843.2); Acts 1961, ch. 93, § 1; 1963, ch. 288, § 1; 1970, ch. 488, § 1; 1972, ch. 636, §§ 1-8; 1976, ch. 806, § 1(82); 1978, ch. 929, § 6; 1979, ch. 359, §§ 2-5, 7; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 584, § 1; T.C.A. (orig. ed.), § 40-3601(2); Acts 1989, ch. 227, §§ 1, 2; 1998, ch. 1049, §§ 23 - 25, 66; 1999, ch. 516, § 1; 2012, ch. 727, § 13.
As used in this chapter, unless the context otherwise requires:
(1) "Board" means the board of parole;
(2) "Commissioner" means the commissioner of correction;
(3) "Department" means the department of correction;
(4) "Executive director" means the officer employed by the board as the chief administrative officer of the agency;
(5) "Notification," as used in this part, may include telephone, facsimile and internet communications;
(6) "Parole" means the release of a prisoner to the community by the board prior to the expiration of the prisoner's term subject to conditions imposed by the board and to supervision by the department, or when a court or other authority has issued a warrant against the prisoner and the board, in its discretion, has released the prisoner to answer the warrant of the court or authority; and
(7) "Probation and parole officer" means a probation and parole officer employed by the department.
Acts 1937, ch. 276, §§ 1, 2; 1949, ch. 18, §§ 1-3; mod. C. Supp. 1950, §§ 11818.1, 11818.2 (Williams, §§ 11843.1, 11843.2); Acts 1961, ch. 93, § 1; 1963, ch. 288, § 1; 1970, ch. 488, § 1; 1972, ch. 636, §§ 1-8; 1976, ch. 806, § 1(82); 1978, ch. 929, § 6; 1979, ch. 359, §§ 2-5, 7; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 584, § 1; T.C.A. (orig. ed.), § 40-3601(2); Acts 1989, ch. 227, §§ 1, 2; 1998, ch. 1049, §§ 23 - 25, 66; 1999, ch. 516, § 1; 2012, ch. 727, § 13.
Tenn. Code Ann. § 40-35-215 — TN Code / Title 40 / Chapter 35 / Section 40-35-215
Sentence calculation
Status: in_force

(a) (1) The chief administrator of any local jail, workhouse or other facility in which persons serve criminal sentences on nonconsecutive days or in any manner other than continuous confinement or day for day shall formulate and reduce to writing the method by which the facility calculates the service of an hour, day and month. (2) As used in this section "service of an hour, day or month" means the period of time a person must be incarcerated in the facility in order to reduce the person's court imposed sentence by an hour, day or month. (b) At the first meeting of the county or municipal legislative body in which the facility is located, conducted after July 1, 1995, the chief administrator shall submit the formulation of the method of sentence calculation required by subsection (a) to the legislative body for its approval. The legislative body shall approve or modify and approve the sentence calculation. (c) Upon the approval by the legislative body of the facility's sentence calculations, the chief administrator shall publish the sentence calculations and cause them to be prominently posted at the local jail, workhouse or facility for which they are applicable. Acts 1995, ch. 440, § 1.
(a) (1) The chief administrator of any local jail, workhouse or other facility in which persons serve criminal sentences on nonconsecutive days or in any manner other than continuous confinement or day for day shall formulate and reduce to writing the method by which the facility calculates the service of an hour, day and month. (2) As used in this section "service of an hour, day or month" means the period of time a person must be incarcerated in the facility in order to reduce the person's court imposed sentence by an hour, day or month.
(1) The chief administrator of any local jail, workhouse or other facility in which persons serve criminal sentences on nonconsecutive days or in any manner other than continuous confinement or day for day shall formulate and reduce to writing the method by which the facility calculates the service of an hour, day and month.
(2) As used in this section "service of an hour, day or month" means the period of time a person must be incarcerated in the facility in order to reduce the person's court imposed sentence by an hour, day or month.
(b) At the first meeting of the county or municipal legislative body in which the facility is located, conducted after July 1, 1995, the chief administrator shall submit the formulation of the method of sentence calculation required by subsection (a) to the legislative body for its approval. The legislative body shall approve or modify and approve the sentence calculation.
(c) Upon the approval by the legislative body of the facility's sentence calculations, the chief administrator shall publish the sentence calculations and cause them to be prominently posted at the local jail, workhouse or facility for which they are applicable.
Acts 1995, ch. 440, § 1.
Tenn. Code Ann. § 40-30-401 — TN Code / Title 40 / Chapter 30 / Section 40-30-401
Short title
Status: in_force

This part is known and may be cited as the "Post-Conviction Fingerprint Analysis Act of 2021." Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
This part is known and may be cited as the "Post-Conviction Fingerprint Analysis Act of 2021."
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 40-14-210 — TN Code / Title 40 / Chapter 14 / Section 40-14-210
Charges for defraying costs of representing indigent defendants
Status: in_force

(a) (1) In every misdemeanor and felony prosecution instituted in counties having a population in excess of four hundred fifty thousand (450,000), according to the 1980 federal census or any subsequent federal census, there shall be collected a twelve-dollar-and-fifty-cent cost for the purpose of defraying the costs of legal representation and support services provided indigent defendants in criminal proceedings. (2) This section shall take effect in counties with a population of not more than seven hundred fifty thousand (750,000) and not less than four hundred fifty thousand (450,000), according to the 1980 federal census, or any subsequent federal census upon approval by two-thirds (2/3) vote of the metropolitan council of Nashville-Davidson County. (3) This section shall take effect in any county with approval by two-thirds (2/3) vote of the county legislative body. (b) It is the duty of the clerk of every court having jurisdiction of state misdemeanors and felonies to include in every misdemeanor and felony cost bill the twelve-dollar-and-fifty-cent charge which shall be remitted to the county government, except in counties that are part of a multiple county judicial district as defined in § 16-2-506 , in which case this charge shall be remitted to the office of the executive director of the district public defenders conference for the purpose of providing supplemental funding for the office of the district public defender within that judicial district. It is the legislative intent of this subsection (b) that these funds shall not revert to the state general fund but shall instead be carried forward for the purpose for which they were originally intended. (c) All costs collected by county government pursuant to this section shall be used for providing representation and support services to indigent defendants in criminal proceedings. (d) Any county may supplement the funds of the district public defender system to represent indigent defendants in criminal prosecution. The costs collected by the county under this section shall be supplemental and in addition to any funds received under this chapter or under title 8, chapter 14, relative to public defenders, for services rendered by the public defender and assistants to the indigent. (e) This section does not apply to nonmoving traffic violations. (f) In every misdemeanor and felony prosecution in which the privilege tax for the criminal injuries compensation fund established by § 40-24-107 is also levied, the cost imposed by this section shall not be construed as having priority over collection of that privilege tax. Acts 1982, ch. 726, § 1; T.C.A., § 40-2045; Acts 1983, ch. 343, §§ 1-3; 1988, ch. 957, §§ 1, 2; 1992, ch. 965, §§ 5, 6; 2002, ch. 691, § 1.
(a) (1) In every misdemeanor and felony prosecution instituted in counties having a population in excess of four hundred fifty thousand (450,000), according to the 1980 federal census or any subsequent federal census, there shall be collected a twelve-dollar-and-fifty-cent cost for the purpose of defraying the costs of legal representation and support services provided indigent defendants in criminal proceedings. (2) This section shall take effect in counties with a population of not more than seven hundred fifty thousand (750,000) and not less than four hundred fifty thousand (450,000), according to the 1980 federal census, or any subsequent federal census upon approval by two-thirds (2/3) vote of the metropolitan council of Nashville-Davidson County. (3) This section shall take effect in any county with approval by two-thirds (2/3) vote of the county legislative body.
(1) In every misdemeanor and felony prosecution instituted in counties having a population in excess of four hundred fifty thousand (450,000), according to the 1980 federal census or any subsequent federal census, there shall be collected a twelve-dollar-and-fifty-cent cost for the purpose of defraying the costs of legal representation and support services provided indigent defendants in criminal proceedings.
(2) This section shall take effect in counties with a population of not more than seven hundred fifty thousand (750,000) and not less than four hundred fifty thousand (450,000), according to the 1980 federal census, or any subsequent federal census upon approval by two-thirds (2/3) vote of the metropolitan council of Nashville-Davidson County.
(3) This section shall take effect in any county with approval by two-thirds (2/3) vote of the county legislative body.
(b) It is the duty of the clerk of every court having jurisdiction of state misdemeanors and felonies to include in every misdemeanor and felony cost bill the twelve-dollar-and-fifty-cent charge which shall be remitted to the county government, except in counties that are part of a multiple county judicial district as defined in § 16-2-506 , in which case this charge shall be remitted to the office of the executive director of the district public defenders conference for the purpose of providing supplemental funding for the office of the district public defender within that judicial district. It is the legislative intent of this subsection (b) that these funds shall not revert to the state general fund but shall instead be carried forward for the purpose for which they were originally intended.
(c) All costs collected by county government pursuant to this section shall be used for providing representation and support services to indigent defendants in criminal proceedings.
(d) Any county may supplement the funds of the district public defender system to represent indigent defendants in criminal prosecution. The costs collected by the county under this section shall be supplemental and in addition to any funds received under this chapter or under title 8, chapter 14, relative to public defenders, for services rendered by the public defender and assistants to the indigent.
(e) This section does not apply to nonmoving traffic violations.
(f) In every misdemeanor and felony prosecution in which the privilege tax for the criminal injuries compensation fund established by § 40-24-107 is also levied, the cost imposed by this section shall not be construed as having priority over collection of that privilege tax.
Acts 1982, ch. 726, § 1; T.C.A., § 40-2045; Acts 1983, ch. 343, §§ 1-3; 1988, ch. 957, §§ 1, 2; 1992, ch. 965, §§ 5, 6; 2002, ch. 691, § 1.
Tenn. Code Ann. § 40-11-316 — TN Code / Title 40 / Chapter 11 / Section 40-11-316
Maximum premium - Initiation fee
Status: in_force

(a) Professional bondsmen and agents of insurance companies making appearance bonds of a criminal nature shall not assess more than ten percent (10%) of the amount of the face value of the bond for premium fee and related charge or charges, and the premium fee and related charge or charges shall not be assessed but one (1) time during the first twelve (12) months of the pendency of the charge or charges and indictment or indictments in either the trial court or any lower court. If a premium renewal fee and any related charge or charges are assessed after the first twelve (12) months of the bond, the renewal fee and charge shall not exceed twenty percent (20%) of the original fee and charges. In the event the case is appealed to the court of criminal appeals or the supreme court of Tennessee, there may be charged only one (1) additional premium fee which also shall not exceed ten percent (10%) of the face value of the appearance bond for that court or courts. (b) In addition to the charge authorized in subsection (a), professional bondsmen and agents of insurance companies making appearance bonds of a criminal nature may assess a one-time bond initiation fee of not more than twenty-five dollars ($25.00). (c) Notwithstanding subsection (a), if a professional bondsman, or agent of an insurance company, is making a criminal appearance bond for a defendant who is not a resident of Tennessee, the bondsman or agent may assess up to fifteen percent (15%) of the amount of the face value of the bond for premium fee and related charges but only one (1) time during the first twelve (12) months of the bond. If a premium renewal fee and any related charges are assessed after the first twelve (12) months of the bond, the premium renewal fee and charges shall not exceed twenty percent (20%) of the original premium fee and charges. If the case is appealed to the court of criminal appeals or the supreme court of Tennessee, there may be charged only one (1) additional premium fee, which shall not exceed ten percent (10%) of the face value of the appearance bond for that court or courts. (d) A professional bondsman or an agent of an insurance company making appearance bonds of a criminal nature may agree to accept the premiums and initiation fees, set forth in subsections (a), (b), and (c), in equal installments; provided, that no interest or other fees, with the exception of transaction fees paid to third parties as costs for processing payments, are charged for the installment payments, and the full amount of the premium is to be paid during the first twelve (12) months of the bond. (e) If the professional bondsman or an agent of an insurance company making appearance bonds of a criminal nature charges a premium renewal fee as authorized under subsection (a) or (c), the professional bondsman or agent may agree to accept the premium renewal fee and any associated charges in equal installments; provided, that no interest or other fees, with the exception of transaction fees paid to third parties as costs for processing payments, are charged for the installment payments and the full amount of the premium renewal fee and any associated charges are to be paid within twelve (12) months of the initial assessment of the premium renewal fees. (f) A professional bondsman or an agent of an insurance company making appearance bonds of a criminal nature may seek indemnification for any actual costs incurred by the professional bondsman in collecting any payment due under subsections (d) and (e), including attorney's fees and court costs; provided, that those costs are paid to third parties and that no portion of those fees is shared with, or retained by, the professional bondsman, with the exception of post-judgment interest as provided for under § 47-14-121 . (g) Nothing in this section shall limit the rights of the professional bondsman or an agent of an insurance company making appearance bonds of a criminal nature to seek indemnification for the costs, including reasonable attorney's fees and court costs, associated with attempting to apprehend, return, or surrender a forfeiting defendant. Amended by 2016 Tenn. Acts, ch. 658, Secs.s 1, s 2 eff. 3/29/2016. Amended by 2015 Tenn. Acts, ch. 334, s 1, eff. 7/1/2015. Acts 1976, ch. 549, § 1; T.C.A., § 40-1416; Acts 1985, ch. 279, § 1; 1987, ch. 423, §§ 1, 3.
(a) Professional bondsmen and agents of insurance companies making appearance bonds of a criminal nature shall not assess more than ten percent (10%) of the amount of the face value of the bond for premium fee and related charge or charges, and the premium fee and related charge or charges shall not be assessed but one (1) time during the first twelve (12) months of the pendency of the charge or charges and indictment or indictments in either the trial court or any lower court. If a premium renewal fee and any related charge or charges are assessed after the first twelve (12) months of the bond, the renewal fee and charge shall not exceed twenty percent (20%) of the original fee and charges. In the event the case is appealed to the court of criminal appeals or the supreme court of Tennessee, there may be charged only one (1) additional premium fee which also shall not exceed ten percent (10%) of the face value of the appearance bond for that court or courts.
(b) In addition to the charge authorized in subsection (a), professional bondsmen and agents of insurance companies making appearance bonds of a criminal nature may assess a one-time bond initiation fee of not more than twenty-five dollars ($25.00).
(c) Notwithstanding subsection (a), if a professional bondsman, or agent of an insurance company, is making a criminal appearance bond for a defendant who is not a resident of Tennessee, the bondsman or agent may assess up to fifteen percent (15%) of the amount of the face value of the bond for premium fee and related charges but only one (1) time during the first twelve (12) months of the bond. If a premium renewal fee and any related charges are assessed after the first twelve (12) months of the bond, the premium renewal fee and charges shall not exceed twenty percent (20%) of the original premium fee and charges. If the case is appealed to the court of criminal appeals or the supreme court of Tennessee, there may be charged only one (1) additional premium fee, which shall not exceed ten percent (10%) of the face value of the appearance bond for that court or courts.
(d) A professional bondsman or an agent of an insurance company making appearance bonds of a criminal nature may agree to accept the premiums and initiation fees, set forth in subsections (a), (b), and (c), in equal installments; provided, that no interest or other fees, with the exception of transaction fees paid to third parties as costs for processing payments, are charged for the installment payments, and the full amount of the premium is to be paid during the first twelve (12) months of the bond.
(e) If the professional bondsman or an agent of an insurance company making appearance bonds of a criminal nature charges a premium renewal fee as authorized under subsection (a) or (c), the professional bondsman or agent may agree to accept the premium renewal fee and any associated charges in equal installments; provided, that no interest or other fees, with the exception of transaction fees paid to third parties as costs for processing payments, are charged for the installment payments and the full amount of the premium renewal fee and any associated charges are to be paid within twelve (12) months of the initial assessment of the premium renewal fees.
(f) A professional bondsman or an agent of an insurance company making appearance bonds of a criminal nature may seek indemnification for any actual costs incurred by the professional bondsman in collecting any payment due under subsections (d) and (e), including attorney's fees and court costs; provided, that those costs are paid to third parties and that no portion of those fees is shared with, or retained by, the professional bondsman, with the exception of post-judgment interest as provided for under § 47-14-121 .
(g) Nothing in this section shall limit the rights of the professional bondsman or an agent of an insurance company making appearance bonds of a criminal nature to seek indemnification for the costs, including reasonable attorney's fees and court costs, associated with attempting to apprehend, return, or surrender a forfeiting defendant.
Amended by 2016 Tenn. Acts, ch. 658, Secs.s 1, s 2 eff. 3/29/2016.
Amended by 2015 Tenn. Acts, ch. 334, s 1, eff. 7/1/2015.
Acts 1976, ch. 549, § 1; T.C.A., § 40-1416; Acts 1985, ch. 279, § 1; 1987, ch. 423, §§ 1, 3.
Tenn. Code Ann. § 40-6-301 — TN Code / Title 40 / Chapter 6 / Section 40-6-301
Short title
Status: in_force

This part and §§ 39-13-601 - [former] 39-13-603 [repealed] shall be known and may be cited as the "Wiretapping and Electronic Surveillance Act of 1994." Acts 1994, ch. 964, § 2.
This part and §§ 39-13-601 - [former] 39-13-603 [repealed] shall be known and may be cited as the "Wiretapping and Electronic Surveillance Act of 1994."
Acts 1994, ch. 964, § 2.
Tenn. Code Ann. § 40-4-121 — TN Code / Title 40 / Chapter 4 / Section 40-4-121
Jurisdiction of general sessions courts in certain counties
Status: in_force

(a) In all counties of this state having a population of not less than three hundred seventy thousand (370,000) nor more than four hundred thousand (400,000), according to the federal census of 2000 or any subsequent federal census, legal process in all cases wherein a violation of the laws of the state of Tennessee is charged shall be returnable to the general sessions courts of the various counties coming within §§ 40-4-121 - 40-4-124. (b) The judges of those courts shall have sole and exclusive jurisdiction, pursuant to the Small Offense Law [repealed], to hear and make final determination of all cases. (c) Appeals to the rulings of the general sessions courts may be filed as is presently provided by law. (d) Any preliminary hearing in the general sessions courts shall be conducted in accordance with existing state law. Acts 1970, ch. 464, § 1; 1972, ch. 611, § 1; 1980, ch. 581, § 1; T.C.A., § 40-427; Acts 2002, ch. 515, § 1.
(a) In all counties of this state having a population of not less than three hundred seventy thousand (370,000) nor more than four hundred thousand (400,000), according to the federal census of 2000 or any subsequent federal census, legal process in all cases wherein a violation of the laws of the state of Tennessee is charged shall be returnable to the general sessions courts of the various counties coming within §§ 40-4-121 - 40-4-124.
(b) The judges of those courts shall have sole and exclusive jurisdiction, pursuant to the Small Offense Law [repealed], to hear and make final determination of all cases.
(c) Appeals to the rulings of the general sessions courts may be filed as is presently provided by law.
(d) Any preliminary hearing in the general sessions courts shall be conducted in accordance with existing state law.
Acts 1970, ch. 464, § 1; 1972, ch. 611, § 1; 1980, ch. 581, § 1; T.C.A., § 40-427; Acts 2002, ch. 515, § 1.
Tenn. Code Ann. § 40-11-208 — TN Code / Title 40 / Chapter 11 / Section 40-11-208
Bid by district attorney general
Status: in_force

The district attorney general for the district in which the sale is to be made shall then determine the amount or amounts which the property should bring at a fair sale, and, if the district attorney general thinks it expedient to do so, shall, in person or by agent, bid the property in for the state of Tennessee at a sum that the district attorney general thinks the property is reasonably worth. The amount at which the property is purchased shall in no event exceed the amount of the forfeiture for the satisfaction of which execution has been issued and the sale held. Acts 1921, ch. 140, § 2; 1925, ch. 63, § 1; Shan. Supp., § 7148a3; Code 1932, § 11700; modified; T.C.A. (orig. ed.), § 40-1308.
The district attorney general for the district in which the sale is to be made shall then determine the amount or amounts which the property should bring at a fair sale, and, if the district attorney general thinks it expedient to do so, shall, in person or by agent, bid the property in for the state of Tennessee at a sum that the district attorney general thinks the property is reasonably worth. The amount at which the property is purchased shall in no event exceed the amount of the forfeiture for the satisfaction of which execution has been issued and the sale held.
Acts 1921, ch. 140, § 2; 1925, ch. 63, § 1; Shan. Supp., § 7148a3; Code 1932, § 11700; modified; T.C.A. (orig. ed.), § 40-1308.
Tenn. Code Ann. § 40-11-313 — TN Code / Title 40 / Chapter 11 / Section 40-11-313
Peace officers, their deputies, and certain county officials prohibited from acting as professional bondsmen
Status: in_force

(a) It is unlawful for any person while serving as a constitutionally elected peace officer, or as such officer's deputy, or any duly elected or appointed county official to act as a professional bondsman, directly or indirectly. (b) This section shall not apply to any duly elected member of the county legislative body. Acts 1999, ch. 13, § 2.
(a) It is unlawful for any person while serving as a constitutionally elected peace officer, or as such officer's deputy, or any duly elected or appointed county official to act as a professional bondsman, directly or indirectly.
(b) This section shall not apply to any duly elected member of the county legislative body.
Acts 1999, ch. 13, § 2.
Tenn. Code Ann. § 40-22-105 — TN Code / Title 40 / Chapter 22 / Section 40-22-105
Custody or appearance bond
Status: in_force

It is the duty of the court to hold the defendant in custody unless bond is executed for the appearance of the prisoner at the next term of the court. Acts 1915, ch. 135, § 2; Shan., § 7230a4; Code 1932, § 11825; T.C.A. (orig. ed.), § 40-3005.
It is the duty of the court to hold the defendant in custody unless bond is executed for the appearance of the prisoner at the next term of the court.
Acts 1915, ch. 135, § 2; Shan., § 7230a4; Code 1932, § 11825; T.C.A. (orig. ed.), § 40-3005.
Tenn. Code Ann. § 40-38-207 — TN Code / Title 40 / Chapter 38 / Section 40-38-207
Impact statement to be considered as evidence
Status: in_force

Any victim impact statement submitted to the court under § 40-38-205 shall be considered as evidence in determining whether the mitigating factors in § 40-35-113 and the enhancement factors in § 40-35-114 apply. Acts 1993, ch. 438, § 7.
Any victim impact statement submitted to the court under § 40-38-205 shall be considered as evidence in determining whether the mitigating factors in § 40-35-113 and the enhancement factors in § 40-35-114 apply.
Acts 1993, ch. 438, § 7.
Tenn. Code Ann. § 40-24-108 — TN Code / Title 40 / Chapter 24 / Section 40-24-108
Sexual assault program services
Status: in_force

(a) When any person is convicted of a sexual offense as defined in subdivision (b)(2) on or after July 1, 2003, in addition to any other punishment that may be imposed for the sexual offense, the court shall impose a fine of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding sexual assault program services pursuant to title 71, chapter 6, part 3. (b) (1) For purposes of this section, "convicted" means an adjudication of guilt for a sexual offense as defined in subdivision (b)(2) in any of the manners described: (A) Plea of guilty, including a plea of guilty entered pursuant to § 40-35-313 ; (B) Verdict of guilty by a judge or jury; (C) Plea of no contest; or (D) Best interest plea. (2) "Sexual offense" means the commission of any act that constitutes the criminal offense of: (A) Aggravated rape, under § 39-13-502 ; (B) Rape, under § 39-13-503 ; (C) Aggravated sexual battery, under § 39-13-504 ; (D) Sexual battery, under § 39-13-505 ; (E) Statutory rape, under § 39-13-506 ; (F) Sexual exploitation of a minor, under § 39-17-1003 ; (G) Aggravated sexual exploitation of a minor, under § 39-17-1004 ; (H) Especially aggravated sexual exploitation of a minor, under § 39-17-1005 ; (I) Incest, under § 39-15-302 ; (J) Rape of a child, under § 39-13-522 ; (K) Sexual battery by an authority figure, under § 39-13-527 ; (L) Solicitation of a minor, under § 39-13-528 ; (M) 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 this subdivision (b)(2); or (N) 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 this subdivision (b)(2). Acts 2003, ch. 304, § 1.
(a) When any person is convicted of a sexual offense as defined in subdivision (b)(2) on or after July 1, 2003, in addition to any other punishment that may be imposed for the sexual offense, the court shall impose a fine of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding sexual assault program services pursuant to title 71, chapter 6, part 3.
(b) (1) For purposes of this section, "convicted" means an adjudication of guilt for a sexual offense as defined in subdivision (b)(2) in any of the manners described: (A) Plea of guilty, including a plea of guilty entered pursuant to § 40-35-313 ; (B) Verdict of guilty by a judge or jury; (C) Plea of no contest; or (D) Best interest plea. (2) "Sexual offense" means the commission of any act that constitutes the criminal offense of: (A) Aggravated rape, under § 39-13-502 ; (B) Rape, under § 39-13-503 ; (C) Aggravated sexual battery, under § 39-13-504 ; (D) Sexual battery, under § 39-13-505 ; (E) Statutory rape, under § 39-13-506 ; (F) Sexual exploitation of a minor, under § 39-17-1003 ; (G) Aggravated sexual exploitation of a minor, under § 39-17-1004 ; (H) Especially aggravated sexual exploitation of a minor, under § 39-17-1005 ; (I) Incest, under § 39-15-302 ; (J) Rape of a child, under § 39-13-522 ; (K) Sexual battery by an authority figure, under § 39-13-527 ; (L) Solicitation of a minor, under § 39-13-528 ; (M) 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 this subdivision (b)(2); or (N) 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 this subdivision (b)(2).
(1) For purposes of this section, "convicted" means an adjudication of guilt for a sexual offense as defined in subdivision (b)(2) in any of the manners described: (A) Plea of guilty, including a plea of guilty entered pursuant to § 40-35-313 ; (B) Verdict of guilty by a judge or jury; (C) Plea of no contest; or (D) Best interest plea.
(A) Plea of guilty, including a plea of guilty entered pursuant to § 40-35-313 ;
(B) Verdict of guilty by a judge or jury;
(C) Plea of no contest; or
(D) Best interest plea.
(2) "Sexual offense" means the commission of any act that constitutes the criminal offense of: (A) Aggravated rape, under § 39-13-502 ; (B) Rape, under § 39-13-503 ; (C) Aggravated sexual battery, under § 39-13-504 ; (D) Sexual battery, under § 39-13-505 ; (E) Statutory rape, under § 39-13-506 ; (F) Sexual exploitation of a minor, under § 39-17-1003 ; (G) Aggravated sexual exploitation of a minor, under § 39-17-1004 ; (H) Especially aggravated sexual exploitation of a minor, under § 39-17-1005 ; (I) Incest, under § 39-15-302 ; (J) Rape of a child, under § 39-13-522 ; (K) Sexual battery by an authority figure, under § 39-13-527 ; (L) Solicitation of a minor, under § 39-13-528 ; (M) 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 this subdivision (b)(2); or (N) 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 this subdivision (b)(2).
(A) Aggravated rape, under § 39-13-502 ;
(B) Rape, under § 39-13-503 ;
(C) Aggravated sexual battery, under § 39-13-504 ;
(D) Sexual battery, under § 39-13-505 ;
(E) Statutory rape, under § 39-13-506 ;
(F) Sexual exploitation of a minor, under § 39-17-1003 ;
(G) Aggravated sexual exploitation of a minor, under § 39-17-1004 ;
(H) Especially aggravated sexual exploitation of a minor, under § 39-17-1005 ;
(I) Incest, under § 39-15-302 ;
(J) Rape of a child, under § 39-13-522 ;
(K) Sexual battery by an authority figure, under § 39-13-527 ;
(L) Solicitation of a minor, under § 39-13-528 ;
(M) 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 this subdivision (b)(2); or
(N) 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 this subdivision (b)(2).
Acts 2003, ch. 304, § 1.
Tenn. Code Ann. § 40-25-132 — TN Code / Title 40 / Chapter 25 / Section 40-25-132
County liability
Status: in_force

(a) Similar costs in criminal prosecutions for offenses punishable in any other way than by death or confinement in the penitentiary, also similar costs in criminal prosecutions for offenses punishable with death or confinement in the penitentiary, in cases accruing under § 40-25-130(2) and (4) , shall be paid by the county. (b) (1) Notwithstanding this section or any other law to the contrary, a county shall not be liable for payment of costs that have accrued in any criminal prosecution for a misdemeanor offense or prosecution for a felony offense if the conviction offense is a misdemeanor where the conviction resulting from the prosecution is reversed on appeal. In all these cases, the state shall be liable for the accrued costs. (2) As used in this subsection (b), "misdemeanor" and "felony" have the same meanings as set out in § 39-11-110 . Code 1858, § 5587; Acts 1891 (Ex. Sess.), ch. 22, § 2; Shan., § 7621; Code 1932, § 12249; T.C.A. (orig. ed.), § 40-3334; Acts 1995, ch. 385, § 1.
(a) Similar costs in criminal prosecutions for offenses punishable in any other way than by death or confinement in the penitentiary, also similar costs in criminal prosecutions for offenses punishable with death or confinement in the penitentiary, in cases accruing under § 40-25-130(2) and (4) , shall be paid by the county.
(b) (1) Notwithstanding this section or any other law to the contrary, a county shall not be liable for payment of costs that have accrued in any criminal prosecution for a misdemeanor offense or prosecution for a felony offense if the conviction offense is a misdemeanor where the conviction resulting from the prosecution is reversed on appeal. In all these cases, the state shall be liable for the accrued costs. (2) As used in this subsection (b), "misdemeanor" and "felony" have the same meanings as set out in § 39-11-110 .
(1) Notwithstanding this section or any other law to the contrary, a county shall not be liable for payment of costs that have accrued in any criminal prosecution for a misdemeanor offense or prosecution for a felony offense if the conviction offense is a misdemeanor where the conviction resulting from the prosecution is reversed on appeal. In all these cases, the state shall be liable for the accrued costs.
(2) As used in this subsection (b), "misdemeanor" and "felony" have the same meanings as set out in § 39-11-110 .
Code 1858, § 5587; Acts 1891 (Ex. Sess.), ch. 22, § 2; Shan., § 7621; Code 1932, § 12249; T.C.A. (orig. ed.), § 40-3334; Acts 1995, ch. 385, § 1.
Tenn. Code Ann. § 40-29-104 — TN Code / Title 40 / Chapter 29 / Section 40-29-104
Costs
Status: in_force

The petitioner shall pay the costs of this application. Code 1858, § 1997 (deriv. Acts 1851-1852, ch. 30, § 2); Shan., § 3658; Code 1932, § 7186; T.C.A. (orig. ed.), § 40-3704.
The petitioner shall pay the costs of this application.
Code 1858, § 1997 (deriv. Acts 1851-1852, ch. 30, § 2); Shan., § 3658; Code 1932, § 7186; T.C.A. (orig. ed.), § 40-3704.
Tenn. Code Ann. § 40-25-117 — TN Code / Title 40 / Chapter 25 / Section 40-25-117
Refund of expenses collected from defendant
Status: in_force

If the costs are afterwards collected from the defendant or the defendant's sureties, they shall be turned over to the trustee of the county, by the clerk of the court, as fines are remitted. Acts 1885 (Ex. Sess.), ch. 11, § 3; Shan., § 7609; mod. Code 1932, § 12236; T.C.A. (orig. ed.), § 40-3319.
If the costs are afterwards collected from the defendant or the defendant's sureties, they shall be turned over to the trustee of the county, by the clerk of the court, as fines are remitted.
Acts 1885 (Ex. Sess.), ch. 11, § 3; Shan., § 7609; mod. Code 1932, § 12236; T.C.A. (orig. ed.), § 40-3319.
Tenn. Code Ann. § 40-35-320 — TN Code / Title 40 / Chapter 35 / Section 40-35-320
Restitution to the state by adult defendant for confinement costs of juvenile involved in same or related criminal act
Status: in_force

(a) Whenever an adult defendant is convicted of an offense arising from the same criminal act or conduct or a related criminal act or conduct that resulted in an adjudication of delinquency against a juvenile and resulted in the treatment and confinement of the juvenile in a department of correction facility for a period that is anticipated to be in excess of ninety (90) days, the sentencing court may order the adult defendant to make restitution to the state in an amount not greater than sixteen thousand five hundred fifty-eight dollars ($16,558) or an amount at least equal to the average daily cost of treating and confining a juvenile in this state multiplied by the average length of time a juvenile in this state is treated and confined by the department, whichever figure is greater. The average daily cost and average stay in the department shall be determined on an annual basis by the commissioner. If it is anticipated that the period of treatment and confinement will be less than ninety (90) days or that the juvenile may receive an alternative form of treatment, including, but not limited to, probation, the sentencing court may order the adult defendant to make restitution to the state in an amount at least equal to the anticipated cost of classifying, treating, confining or supervising the juvenile for the period of time the juvenile is anticipated to be within the custody and control of the department. If the court finds that because of the adult defendant's conduct, the juvenile's period of treatment and rehabilitation will be substantially longer than the average or will require special services such as drug or alcohol rehabilitation, the judge may order the adult defendant to make restitution in an amount not to exceed the estimated cost of providing the necessary treatment and rehabilitation services for the juvenile for the period of time that the services will be required. The estimated costs shall be based upon evidence presented at the sentencing hearing concerning the disposition of the juvenile, the anticipated length of the juvenile's rehabilitation and any special treatment services the juvenile may require. (b) Before determining whether an order of restitution as authorized by this section is appropriate and the amount of the order if one is appropriate, the sentencing court shall conduct a separate hearing on the issues at which both the adult defendant and the state shall be allowed to be heard and present evidence. The hearing may be held in conjunction with or at the same time as the adult defendant's regular sentencing hearing. (c) Any order of restitution entered pursuant to this section is in addition to any other fine or penalty imposed by the court for the offense for which the adult defendant was convicted. (d) Restitution ordered pursuant to this section shall be paid to the clerk of the sentencing court who shall remit the money to the state treasurer for deposit into the state general fund. Funds collected pursuant to this section shall be used to improve the department of children's services' treatment and rehabilitation services. The clerk is allowed to retain one percent (1%) of all funds collected pursuant to this section for administrative costs. (e) The state may collect a restitution order entered pursuant to this section in the same manner as a judgment in a civil action. Acts 1989, ch. 591, § 6.
(a) Whenever an adult defendant is convicted of an offense arising from the same criminal act or conduct or a related criminal act or conduct that resulted in an adjudication of delinquency against a juvenile and resulted in the treatment and confinement of the juvenile in a department of correction facility for a period that is anticipated to be in excess of ninety (90) days, the sentencing court may order the adult defendant to make restitution to the state in an amount not greater than sixteen thousand five hundred fifty-eight dollars ($16,558) or an amount at least equal to the average daily cost of treating and confining a juvenile in this state multiplied by the average length of time a juvenile in this state is treated and confined by the department, whichever figure is greater. The average daily cost and average stay in the department shall be determined on an annual basis by the commissioner. If it is anticipated that the period of treatment and confinement will be less than ninety (90) days or that the juvenile may receive an alternative form of treatment, including, but not limited to, probation, the sentencing court may order the adult defendant to make restitution to the state in an amount at least equal to the anticipated cost of classifying, treating, confining or supervising the juvenile for the period of time the juvenile is anticipated to be within the custody and control of the department. If the court finds that because of the adult defendant's conduct, the juvenile's period of treatment and rehabilitation will be substantially longer than the average or will require special services such as drug or alcohol rehabilitation, the judge may order the adult defendant to make restitution in an amount not to exceed the estimated cost of providing the necessary treatment and rehabilitation services for the juvenile for the period of time that the services will be required. The estimated costs shall be based upon evidence presented at the sentencing hearing concerning the disposition of the juvenile, the anticipated length of the juvenile's rehabilitation and any special treatment services the juvenile may require.
(b) Before determining whether an order of restitution as authorized by this section is appropriate and the amount of the order if one is appropriate, the sentencing court shall conduct a separate hearing on the issues at which both the adult defendant and the state shall be allowed to be heard and present evidence. The hearing may be held in conjunction with or at the same time as the adult defendant's regular sentencing hearing.
(c) Any order of restitution entered pursuant to this section is in addition to any other fine or penalty imposed by the court for the offense for which the adult defendant was convicted.
(d) Restitution ordered pursuant to this section shall be paid to the clerk of the sentencing court who shall remit the money to the state treasurer for deposit into the state general fund. Funds collected pursuant to this section shall be used to improve the department of children's services' treatment and rehabilitation services. The clerk is allowed to retain one percent (1%) of all funds collected pursuant to this section for administrative costs.
(e) The state may collect a restitution order entered pursuant to this section in the same manner as a judgment in a civil action.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-4-110 — TN Code / Title 40 / Chapter 4 / Section 40-4-110
Appeal of proceedings
Status: in_force

The proceedings under this chapter may be superseded and removed, by certiorari, to the circuit court of the county, upon good cause shown by petition of any person aggrieved, verified by affidavit, upon the order of any district or criminal judge to whom the petition is presented. Code 1858, § 5012 (deriv. Acts 1847-1848, ch. 55, § 22); Shan., §6971; Code 1932, § 11510; T.C.A. (orig. ed.), § 40-414.
The proceedings under this chapter may be superseded and removed, by certiorari, to the circuit court of the county, upon good cause shown by petition of any person aggrieved, verified by affidavit, upon the order of any district or criminal judge to whom the petition is presented.
Code 1858, § 5012 (deriv. Acts 1847-1848, ch. 55, § 22); Shan., §6971; Code 1932, § 11510; T.C.A. (orig. ed.), § 40-414.
Tenn. Code Ann. § 40-7-204 — TN Code / Title 40 / Chapter 7 / Section 40-7-204
Examination by magistrate
Status: in_force

(a) If an arrest is made in this state by an officer of another state in accordance with § 40-7-203 , the officer shall, without unnecessary delay, take the person arrested before a magistrate who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. (b) If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state, or admit the person to bail for that purpose. (c) If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested. Acts 1939, ch. 146, § 2; C. Supp. 1950, § 11546.3 (Williams, § 11546.2); T.C.A. (orig. ed.), § 40-814.
(a) If an arrest is made in this state by an officer of another state in accordance with § 40-7-203 , the officer shall, without unnecessary delay, take the person arrested before a magistrate who shall conduct a hearing for the purpose of determining the lawfulness of the arrest.
(b) If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state, or admit the person to bail for that purpose.
(c) If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested.
Acts 1939, ch. 146, § 2; C. Supp. 1950, § 11546.3 (Williams, § 11546.2); T.C.A. (orig. ed.), § 40-814.
Tenn. Code Ann. § 40-17-115 — TN Code / Title 40 / Chapter 17 / Section 40-17-115
Certification of fees to designated witnesses
Status: in_force

The district attorney general and judge shall not certify any witness fees against the state, except for those witnesses as shall be so endorsed or subsequently directed by the district attorney general, in writing, to be summoned, nor without actual inspection of the orders. Code 1858, § 5598; Shan., § 7642; Code 1932, § 12271; modified; T.C.A. (orig. ed.), § 40-2425.
The district attorney general and judge shall not certify any witness fees against the state, except for those witnesses as shall be so endorsed or subsequently directed by the district attorney general, in writing, to be summoned, nor without actual inspection of the orders.
Code 1858, § 5598; Shan., § 7642; Code 1932, § 12271; modified; T.C.A. (orig. ed.), § 40-2425.
Tenn. Code Ann. § 40-33-216 — TN Code / Title 40 / Chapter 33 / Section 40-33-216
Annual seizure report by department
Status: in_force

(a) By March 1 of each year, the department of safety shall report to the speakers of the senate and the house of representatives and the chairs of the judiciary committee of the senate and the civil justice and criminal justice committees of the house of representatives, a report detailing, for the previous calendar year: (1) The total number of seizure cases opened by the department; (2) The number of seizure cases where an arrest was made; (3) The total number of cases resulting in forfeiture; (4) The types of property seized under this part and the totals of each type; (5) The amount of currency seized; (6) The amount of currency forfeited; (7) The total number of cases which resulted in a default by the property owner; (8) The total amount of currency forfeited as a result of default; (9) The total number of cases which resulted in a settlement; (10) The total amount of currency forfeited as a result of settlement; (11) The total amount of currency returned to the property owners as a result of settlement; (12) The total number of cases resulting in a hearing; (13) The total number of hearings resulting in forfeiture of assets; (14) The total amount of currency forfeited as a result of disposition by hearing; (15) The total amount of currency returned to the property owners as a result of a disposition by hearing; and (16) How proceeds derived from forfeited assets are used by the department. (b) The department shall include each category of information for the department as a whole and separately for each individual law enforcement agency that opened a forfeiture proceeding with the department in the previous calendar year. (c) The information reported by the department in subdivision (a)(16) and to the department in § 40-33-211(a)(2) shall be made accessible to the public on the department's website through a prominent link provided on the home page. Amended by 2021 Tenn. Acts, ch. 64, s 51, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 59, eff. 5/10/2019. Amended by 2018 Tenn. Acts, ch. 999, s 2, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 999, s 1, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 441, s 2, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 441, s 1, eff. 7/1/2017. Added by 2016 Tenn. Acts, ch. 861, s 1, eff. 4/19/2016.
(a) By March 1 of each year, the department of safety shall report to the speakers of the senate and the house of representatives and the chairs of the judiciary committee of the senate and the civil justice and criminal justice committees of the house of representatives, a report detailing, for the previous calendar year: (1) The total number of seizure cases opened by the department; (2) The number of seizure cases where an arrest was made; (3) The total number of cases resulting in forfeiture; (4) The types of property seized under this part and the totals of each type; (5) The amount of currency seized; (6) The amount of currency forfeited; (7) The total number of cases which resulted in a default by the property owner; (8) The total amount of currency forfeited as a result of default; (9) The total number of cases which resulted in a settlement; (10) The total amount of currency forfeited as a result of settlement; (11) The total amount of currency returned to the property owners as a result of settlement; (12) The total number of cases resulting in a hearing; (13) The total number of hearings resulting in forfeiture of assets; (14) The total amount of currency forfeited as a result of disposition by hearing; (15) The total amount of currency returned to the property owners as a result of a disposition by hearing; and (16) How proceeds derived from forfeited assets are used by the department.
(1) The total number of seizure cases opened by the department;
(2) The number of seizure cases where an arrest was made;
(3) The total number of cases resulting in forfeiture;
(4) The types of property seized under this part and the totals of each type;
(5) The amount of currency seized;
(6) The amount of currency forfeited;
(7) The total number of cases which resulted in a default by the property owner;
(8) The total amount of currency forfeited as a result of default;
(9) The total number of cases which resulted in a settlement;
(10) The total amount of currency forfeited as a result of settlement;
(11) The total amount of currency returned to the property owners as a result of settlement;
(12) The total number of cases resulting in a hearing;
(13) The total number of hearings resulting in forfeiture of assets;
(14) The total amount of currency forfeited as a result of disposition by hearing;
(15) The total amount of currency returned to the property owners as a result of a disposition by hearing; and
(16) How proceeds derived from forfeited assets are used by the department.
(b) The department shall include each category of information for the department as a whole and separately for each individual law enforcement agency that opened a forfeiture proceeding with the department in the previous calendar year.
(c) The information reported by the department in subdivision (a)(16) and to the department in § 40-33-211(a)(2) shall be made accessible to the public on the department's website through a prominent link provided on the home page.
Amended by 2021 Tenn. Acts, ch. 64, s 51, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 59, eff. 5/10/2019.
Amended by 2018 Tenn. Acts, ch. 999, s 2, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 999, s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 441, s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 441, s 1, eff. 7/1/2017.
Added by 2016 Tenn. Acts, ch. 861, s 1, eff. 4/19/2016.
Tenn. Code Ann. § 40-34-107 — TN Code / Title 40 / Chapter 34 / Section 40-34-107
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 711, s 5, eff. 6/15/2020. Amended by 2019 Tenn. Acts, ch. 345, s 60, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013. Acts 1985 (1st Ex. Sess.), ch. 5, §35; 2011 , ch. 410, § 2(a).
Repealed by 2020 Tenn. Acts, ch. 711, s 5, eff. 6/15/2020.
Amended by 2019 Tenn. Acts, ch. 345, s 60, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 1985 (1st Ex. Sess.), ch. 5, §35; 2011 , ch. 410, § 2(a).
Tenn. Code Ann. § 40-11-320 — TN Code / Title 40 / Chapter 11 / Section 40-11-320
Prerequisite to employing bounty hunter
Status: in_force

Before employing a bounty hunter to apprehend a defendant, a professional bail bondsman shall make a reasonable effort to verify the defendant's address. Acts 2001, ch. 430, § 2.
Before employing a bounty hunter to apprehend a defendant, a professional bail bondsman shall make a reasonable effort to verify the defendant's address.
Acts 2001, ch. 430, § 2.
Tenn. Code Ann. § 40-11-127 — TN Code / Title 40 / Chapter 11 / Section 40-11-127
Charges preferred against bondsman
Status: in_force

Upon motion, any district attorney general may prefer charges to have a bail bondsman stricken from the approved list pursuant to § 40-11-125 with the same provisions for notice, answer and hearing before the court, and the same right of appeal. Acts 1978, ch. 506, § 40; T.C.A., § 40-1227.
Upon motion, any district attorney general may prefer charges to have a bail bondsman stricken from the approved list pursuant to § 40-11-125 with the same provisions for notice, answer and hearing before the court, and the same right of appeal.
Acts 1978, ch. 506, § 40; T.C.A., § 40-1227.
Tenn. Code Ann. § 40-9-128 — TN Code / Title 40 / Chapter 9 / Section 40-9-128
Trial for crimes not specified in requisition
Status: in_force

After a person has been brought back to this state upon extradition proceedings, the person may be tried in this state for other crimes which the person may be charged with having committed here, as well as that specified in the requisition for the person's extradition. Acts 1951, ch. 240, § 24 (Williams, § 11935.24); T.C.A. (orig. ed.), § 40-1033.
After a person has been brought back to this state upon extradition proceedings, the person may be tried in this state for other crimes which the person may be charged with having committed here, as well as that specified in the requisition for the person's extradition.
Acts 1951, ch. 240, § 24 (Williams, § 11935.24); T.C.A. (orig. ed.), § 40-1033.
Tenn. Code Ann. § 40-11-108 — TN Code / Title 40 / Chapter 11 / Section 40-11-108
Taking bail after commitment
Status: in_force

If the defendant is committed to jail in default of bail, the committing magistrate or sheriff or the city court clerk of any incorporated municipality or city or the person's deputies may take bail at any time thereafter, for defendant's appearance at the court having cognizance of the offense. Acts 1978, ch. 506, § 8; T.C.A., § 40-1208.
If the defendant is committed to jail in default of bail, the committing magistrate or sheriff or the city court clerk of any incorporated municipality or city or the person's deputies may take bail at any time thereafter, for defendant's appearance at the court having cognizance of the offense.
Acts 1978, ch. 506, § 8; T.C.A., § 40-1208.
Tenn. Code Ann. § 40-11-124 — TN Code / Title 40 / Chapter 11 / Section 40-11-124
List of approved and qualified professional bondsmen - Certification required - Rules concerning qualifications
Status: in_force

(a) The clerk, sheriff, municipal courts and other inferior courts shall have available a list of professional bondsmen or other sureties approved and qualified as solvent by the courts of record with criminal jurisdiction within the county. These approved lists shall be provided by the judges of those courts. No undertaking shall be accepted unless the professional bondsman or other surety is so certified as approved. (b) In counties having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census, the rules concerning the qualifications of bail bond companies as established by the criminal court of record shall be applicable in any inferior court in the county. The clerk of any such inferior court shall have the duty and the responsibility to enforce the rules. Acts 1978, ch. 506, § 37; T.C.A., § 40-1224; Acts 1987, ch. 423, § 2.
(a) The clerk, sheriff, municipal courts and other inferior courts shall have available a list of professional bondsmen or other sureties approved and qualified as solvent by the courts of record with criminal jurisdiction within the county. These approved lists shall be provided by the judges of those courts. No undertaking shall be accepted unless the professional bondsman or other surety is so certified as approved.
(b) In counties having a population of seven hundred seventy thousand (770,000) or more, according to the 1980 federal census or any subsequent federal census, the rules concerning the qualifications of bail bond companies as established by the criminal court of record shall be applicable in any inferior court in the county. The clerk of any such inferior court shall have the duty and the responsibility to enforce the rules.
Acts 1978, ch. 506, § 37; T.C.A., § 40-1224; Acts 1987, ch. 423, § 2.
Tenn. Code Ann. § 40-36-304 — TN Code / Title 40 / Chapter 36 / Section 40-36-304
Community corrections plan - Funding criteria - Participation in and withdrawal from chapter
Status: in_force

(a) A community corrections plan shall be developed by the local community corrections advisory board that sufficiently documents the local need and support for the proposed programs. The local community corrections advisory board's plan shall also have the written endorsement of the county legislative body prior to its submission to the department of correction. (b) The format for any community corrections plan shall be specified by the department of correction in its application process and procedures. (c) (1) Funding under this chapter shall be granted on an annual basis, with the disbursement of funds on a quarterly basis at the beginning of each quarter after the submission and approval of an expenditure monitoring report and program monitoring report. At the end of the fiscal year, any unspent moneys by the program shall be returned to the department of correction to be used for reallocation to other programs administered by the department of correction as authorized under this chapter; provided, that counties are eligible to apply for any unspent funds that exist at the beginning of the fourth quarter. (2) The department of correction has the discretion and authority to award contracts for a period not exceeding three (3) years. The department of correction may require that a duly adopted and endorsed community corrections plan covering the full term of the contract be submitted to the department of correction. Funding and conditions of funding for the length of the contract will be negotiated between the department of correction and the grantee. Nothing in this section shall prejudice the rights of the department of correction to suspend, modify or terminate grants under § 40-36-305 . (d) Funding under this chapter shall be granted to counties on the basis of a documentation of local need, together with consideration of whether the local community corrections advisory board's community corrections plan, including budget requests, is consistent with the goals of this chapter, the geographical and program considerations of the state and funding availability. In addition, the department of correction shall consider the following criteria pertaining to the jurisdiction in question when granting funds under this chapter: (1) Number of nonviolent felony commitments to the department of correction; (2) Population and existing conditions at the local jail; (3) Rate of felony commitments per one thousand (1,000) population within the judicial district; (4) Population of the judicial district and percent of population between eighteen (18) and twenty-nine (29) years of age; (5) Availability of local correctional services; (6) Sufficient local service capability to support the community corrections programs; and (7) Demonstrated involvement and support from the judiciary, local criminal justice or correctional officials and local government in the development of the community corrections plan. (e) Funding and grant evaluation criteria shall be outlined in the application process and procedures to be developed by the department of correction in order that each applicant may know the basis upon which funds will be granted. (f) Participation in the programs set forth in this chapter is voluntary. Any participating county may, by written authorization of its county legislative body, notify the department of correction of its intention to withdraw from the Community Corrections Act. The withdrawal will become effective on the last day of the grant year. Acts 1985 (1st Ex. Sess.), ch. 3, § 12; 1990, ch. 616, § 1; 1998, ch. 1049, §§ 44 - 46; 2012 , ch. 727, § 46.
(a) A community corrections plan shall be developed by the local community corrections advisory board that sufficiently documents the local need and support for the proposed programs. The local community corrections advisory board's plan shall also have the written endorsement of the county legislative body prior to its submission to the department of correction.
(b) The format for any community corrections plan shall be specified by the department of correction in its application process and procedures.
(c) (1) Funding under this chapter shall be granted on an annual basis, with the disbursement of funds on a quarterly basis at the beginning of each quarter after the submission and approval of an expenditure monitoring report and program monitoring report. At the end of the fiscal year, any unspent moneys by the program shall be returned to the department of correction to be used for reallocation to other programs administered by the department of correction as authorized under this chapter; provided, that counties are eligible to apply for any unspent funds that exist at the beginning of the fourth quarter. (2) The department of correction has the discretion and authority to award contracts for a period not exceeding three (3) years. The department of correction may require that a duly adopted and endorsed community corrections plan covering the full term of the contract be submitted to the department of correction. Funding and conditions of funding for the length of the contract will be negotiated between the department of correction and the grantee. Nothing in this section shall prejudice the rights of the department of correction to suspend, modify or terminate grants under § 40-36-305 .
(1) Funding under this chapter shall be granted on an annual basis, with the disbursement of funds on a quarterly basis at the beginning of each quarter after the submission and approval of an expenditure monitoring report and program monitoring report. At the end of the fiscal year, any unspent moneys by the program shall be returned to the department of correction to be used for reallocation to other programs administered by the department of correction as authorized under this chapter; provided, that counties are eligible to apply for any unspent funds that exist at the beginning of the fourth quarter.
(2) The department of correction has the discretion and authority to award contracts for a period not exceeding three (3) years. The department of correction may require that a duly adopted and endorsed community corrections plan covering the full term of the contract be submitted to the department of correction. Funding and conditions of funding for the length of the contract will be negotiated between the department of correction and the grantee. Nothing in this section shall prejudice the rights of the department of correction to suspend, modify or terminate grants under § 40-36-305 .
(d) Funding under this chapter shall be granted to counties on the basis of a documentation of local need, together with consideration of whether the local community corrections advisory board's community corrections plan, including budget requests, is consistent with the goals of this chapter, the geographical and program considerations of the state and funding availability. In addition, the department of correction shall consider the following criteria pertaining to the jurisdiction in question when granting funds under this chapter: (1) Number of nonviolent felony commitments to the department of correction; (2) Population and existing conditions at the local jail; (3) Rate of felony commitments per one thousand (1,000) population within the judicial district; (4) Population of the judicial district and percent of population between eighteen (18) and twenty-nine (29) years of age; (5) Availability of local correctional services; (6) Sufficient local service capability to support the community corrections programs; and (7) Demonstrated involvement and support from the judiciary, local criminal justice or correctional officials and local government in the development of the community corrections plan.
(1) Number of nonviolent felony commitments to the department of correction;
(2) Population and existing conditions at the local jail;
(3) Rate of felony commitments per one thousand (1,000) population within the judicial district;
(4) Population of the judicial district and percent of population between eighteen (18) and twenty-nine (29) years of age;
(5) Availability of local correctional services;
(6) Sufficient local service capability to support the community corrections programs; and
(7) Demonstrated involvement and support from the judiciary, local criminal justice or correctional officials and local government in the development of the community corrections plan.
(e) Funding and grant evaluation criteria shall be outlined in the application process and procedures to be developed by the department of correction in order that each applicant may know the basis upon which funds will be granted.
(f) Participation in the programs set forth in this chapter is voluntary. Any participating county may, by written authorization of its county legislative body, notify the department of correction of its intention to withdraw from the Community Corrections Act. The withdrawal will become effective on the last day of the grant year.
Acts 1985 (1st Ex. Sess.), ch. 3, § 12; 1990, ch. 616, § 1; 1998, ch. 1049, §§ 44 - 46; 2012 , ch. 727, § 46.
Tenn. Code Ann. § 40-35-121 — TN Code / Title 40 / Chapter 35 / Section 40-35-121
Criminal gang offenses - Enhanced punishment - Procedure
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Criminal gang" means a formal or informal ongoing organization, association or group consisting of three (3) or more persons that has: (A) As one (1) of its primary activities, the commission of criminal gang offenses; (B) Two (2) or more members who, individually or collectively, engage in or have engaged in a pattern of criminal gang activity; (2) "Criminal gang member" is a person who is a member of a criminal gang, as defined in subdivision (a)(1), who meets two (2) or more of the following criteria: (A) Admits to criminal gang involvement; (B) Is identified as a criminal gang member by a parent or guardian; (C) Is identified as a criminal gang member by a documented reliable informant; (D) Resides in or frequents a particular criminal gang's area, adopts their style or dress, their use of hand signs or their tattoos and associates with known criminal gang members; (E) Is identified as a criminal gang member by an informant of previously untested reliability and the identification is corroborated by independent information; (F) Has been arrested more than once in the company of identified criminal gang members for offenses that are consistent with usual criminal gang activity; or (G) Is identified as a criminal gang member by physical evidence such as photographs or other documentation; (3) "Criminal gang offense" means: (A) A criminal offense committed prior to July 1, 2013 that: (i) During the perpetration of which the defendant knowingly causes, or threatens to cause, death or bodily injury to another person or persons and specifically includes rape of a child, aggravated rape and rape; or (ii) Results, or was intended to result, in the defendant's receiving income, benefit, property, money or anything of value from the commission of any aggravated burglary, or from the illegal sale, delivery, or manufacture of a controlled substance, controlled substance analogue, or firearm; or (B) The commission or attempted commission, facilitation of, solicitation of, or conspiracy to commit any of the following offenses on or after July 1, 2013: (i) First degree murder, as defined in § 39-13-202 ; (ii) Second degree murder, as defined in § 39-13-210 ; (iii) Voluntary manslaughter, as defined in § 39-13-211 ; (iv) Assault, as defined in § 39-13-101 ; (v) Aggravated assault, as defined in § 39-13-102 ; (vi) Kidnapping, as defined in § 39-13-303 ; (vii) Aggravated kidnapping, as defined in § 39-13-304 ; (viii) Especially aggravated kidnapping, as defined in § 39-13-305 ; (ix) Robbery, as defined in § 39-13-401 ; (x) Aggravated robbery, as defined in § 39-13-402 ; (xi) Especially aggravated robbery, as defined in § 39-13-403 ; (xii) Carjacking, as defined in § 39-13-404 ; (xiii) Rape, as defined in § 39-13-503 ; (xiv) Aggravated rape, as defined in § 39-13-502 ; (xv) Rape of a child, as defined in § 39-13-522 ; (xvi) Aggravated burglary, as defined in § 39-13-1003 ; (xvii) Especially aggravated burglary, as defined in § 39-13-1004 ; (xviii) Aggravated criminal trespass, as defined in § 39-14-406 ; (xix) Coercion of witness, as defined in § 39-16-507 ; (xx) Retaliation for past action, as defined in § 39-16-510 ; (xxi) Riot, as defined in § 39-17-302 ; (xxii) Aggravated riot, as defined in § 39-17-303 ; (xxiii) Inciting to riot, as defined in § 39-17-304 ; (xxiv) The illegal sale, delivery or manufacture of a controlled substance or controlled substance analogue, as defined in §§ 39-17-417 and 39-17-454 ; (xxv) Possession of a controlled substance or controlled substance analogue with intent to sell, deliver, or manufacture, as defined in § 39-17-417(a)(4) and § 39-17-454 ; (xxvi) Unlawful carrying or possession of a weapon, as defined in § 39-17-1307 ; (xxvii) Trafficking for commercial sex acts, as defined in § 39-13-309 ; (4) (A) "Pattern of criminal gang activity" means prior convictions for the commission or attempted commission of, facilitation of, solicitation of, or conspiracy to commit: (i) Two (2) or more criminal gang offenses that are classified as felonies; or (ii) Three (3) or more criminal gang offenses that are classified as misdemeanors; or (iii) One (1) or more criminal gang offenses that are classified as felonies and two (2) or more criminal gang offenses that are classified as misdemeanors; and (iv) The criminal gang offenses are committed on separate occasions; and (v) The criminal gang offenses are committed within a five-year period; (B) (i) As used in this subsection (a), "prior conviction" means a criminal gang offense for which a criminal gang member was convicted prior to the commission of the instant criminal gang offense by the defendant and includes convictions occurring prior to July 1, 1997; (ii) "Prior conviction" includes convictions under the laws of any other state, government or country that, if committed in this state, would have constituted a criminal gang offense. In the event that a conviction from a jurisdiction other than Tennessee is not specifically named the same as a criminal gang offense, the elements of the offense in the other jurisdiction shall be used by the Tennessee court to determine if the offense is a criminal gang offense; (iii) Convictions for multiple criminal gang offenses committed as part of a single course of conduct within twenty-four (24) hours are not committed on "separate occasions." However, acts that constitute criminal gang offenses under subdivision (a)(3)(A) shall not be construed to be a single course of conduct. (b) A criminal gang offense committed by a defendant shall be punished one (1) classification higher than the classification established by the specific statute creating the offense committed if: (1) The defendant was a criminal gang member at the time of the offense; and (2) The criminal gang offense was committed at the direction of, in association with, or for the benefit of the defendant's criminal gang or a member of the defendant's criminal gang. (c) A criminal gang offense committed by a defendant who was not a criminal gang member at the time of the offense but who committed the offense for the purpose of and with the intent to fulfill an initiation or other requirement for joining a criminal gang as defined in subdivision (a)(1) shall be punished one (1) classification higher than the classification established by the specific statute creating the offense committed. (d) If the criminal gang offense subject to enhancement under subsection (b) or (c) is a Class A felony, the presumptive sentence for the offense shall be the maximum sentence within the range from which the defendant is to be sentenced. (e) A criminal gang offense committed by a defendant shall be punished two (2) classifications higher than the classification established by the specific statute creating the offense committed if, at the time the offense was committed: (1) The defendant was a criminal gang member; (2) The defendant was also a leader or organizer of the criminal gang; and (3) The offense was at the direction of, in association with, or for the benefit of the defendant's criminal gang or a member of the defendant's criminal gang. (f) If the criminal gang offense subject to enhancement under subsection (e) is a Class A or B felony, the criminal gang member shall be sentenced as a Class A felon and the presumptive sentence for the offense shall be the maximum sentence within the range from which the defendant is to be sentenced. (g) If the defendant is charged with a criminal gang offense and the district attorney general intends to seek enhancement of the punishment under subsection (b), (c) or (e), the indictment, in a separate count, shall specify, charge and give notice of the subsection under which enhancement is alleged applicable and of the required prior convictions constituting the gang's pattern of criminal gang activity. (h) (1) If the defendant is convicted of the underlying criminal gang offense, the jury shall then separately consider whether the defendant was at the time of the offense: (A) A criminal gang member; (B) A criminal gang member and a leader or organizer of the gang; or (C) Not a criminal gang member but committed the offense for the purpose of joining a criminal gang. (2) If the jury convicts the defendant under subdivision (h)(1)(A), (h)(1)(B) or (h)(1)(C), the court shall pronounce judgment and sentence the defendant as provided in this section. (i) For purposes of establishing a "pattern of criminal gang activity" the following offenses may be considered: (1) Criminal gang offenses, as defined by subdivision (a)(3)(A), committed prior to July 1, 2013; and (2) Criminal gang offenses, as defined by subdivision (a)(3)(B), committed on or after July 1, 2013. Amended by 2021 Tenn. Acts, ch. 545, s 13, eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 1034, Secs.s 1, s 2, s 3 eff. 4/28/2016. Amended by 2013 Tenn. Acts, ch. 415, s 1, eff. 7/1/2013. Amended by 2013 Tenn. Acts, ch. 357, s 1, eff. 7/1/2013. Acts 1997 , ch. 437, § 1; 2011 , ch. 493, § 2; 2012 , ch. 848, § 34.
(a) As used in this section, unless the context otherwise requires: (1) "Criminal gang" means a formal or informal ongoing organization, association or group consisting of three (3) or more persons that has: (A) As one (1) of its primary activities, the commission of criminal gang offenses; (B) Two (2) or more members who, individually or collectively, engage in or have engaged in a pattern of criminal gang activity; (2) "Criminal gang member" is a person who is a member of a criminal gang, as defined in subdivision (a)(1), who meets two (2) or more of the following criteria: (A) Admits to criminal gang involvement; (B) Is identified as a criminal gang member by a parent or guardian; (C) Is identified as a criminal gang member by a documented reliable informant; (D) Resides in or frequents a particular criminal gang's area, adopts their style or dress, their use of hand signs or their tattoos and associates with known criminal gang members; (E) Is identified as a criminal gang member by an informant of previously untested reliability and the identification is corroborated by independent information; (F) Has been arrested more than once in the company of identified criminal gang members for offenses that are consistent with usual criminal gang activity; or (G) Is identified as a criminal gang member by physical evidence such as photographs or other documentation; (3) "Criminal gang offense" means: (A) A criminal offense committed prior to July 1, 2013 that: (i) During the perpetration of which the defendant knowingly causes, or threatens to cause, death or bodily injury to another person or persons and specifically includes rape of a child, aggravated rape and rape; or (ii) Results, or was intended to result, in the defendant's receiving income, benefit, property, money or anything of value from the commission of any aggravated burglary, or from the illegal sale, delivery, or manufacture of a controlled substance, controlled substance analogue, or firearm; or (B) The commission or attempted commission, facilitation of, solicitation of, or conspiracy to commit any of the following offenses on or after July 1, 2013: (i) First degree murder, as defined in § 39-13-202 ; (ii) Second degree murder, as defined in § 39-13-210 ; (iii) Voluntary manslaughter, as defined in § 39-13-211 ; (iv) Assault, as defined in § 39-13-101 ; (v) Aggravated assault, as defined in § 39-13-102 ; (vi) Kidnapping, as defined in § 39-13-303 ; (vii) Aggravated kidnapping, as defined in § 39-13-304 ; (viii) Especially aggravated kidnapping, as defined in § 39-13-305 ; (ix) Robbery, as defined in § 39-13-401 ; (x) Aggravated robbery, as defined in § 39-13-402 ; (xi) Especially aggravated robbery, as defined in § 39-13-403 ; (xii) Carjacking, as defined in § 39-13-404 ; (xiii) Rape, as defined in § 39-13-503 ; (xiv) Aggravated rape, as defined in § 39-13-502 ; (xv) Rape of a child, as defined in § 39-13-522 ; (xvi) Aggravated burglary, as defined in § 39-13-1003 ; (xvii) Especially aggravated burglary, as defined in § 39-13-1004 ; (xviii) Aggravated criminal trespass, as defined in § 39-14-406 ; (xix) Coercion of witness, as defined in § 39-16-507 ; (xx) Retaliation for past action, as defined in § 39-16-510 ; (xxi) Riot, as defined in § 39-17-302 ; (xxii) Aggravated riot, as defined in § 39-17-303 ; (xxiii) Inciting to riot, as defined in § 39-17-304 ; (xxiv) The illegal sale, delivery or manufacture of a controlled substance or controlled substance analogue, as defined in §§ 39-17-417 and 39-17-454 ; (xxv) Possession of a controlled substance or controlled substance analogue with intent to sell, deliver, or manufacture, as defined in § 39-17-417(a)(4) and § 39-17-454 ; (xxvi) Unlawful carrying or possession of a weapon, as defined in § 39-17-1307 ; (xxvii) Trafficking for commercial sex acts, as defined in § 39-13-309 ; (4) (A) "Pattern of criminal gang activity" means prior convictions for the commission or attempted commission of, facilitation of, solicitation of, or conspiracy to commit: (i) Two (2) or more criminal gang offenses that are classified as felonies; or (ii) Three (3) or more criminal gang offenses that are classified as misdemeanors; or (iii) One (1) or more criminal gang offenses that are classified as felonies and two (2) or more criminal gang offenses that are classified as misdemeanors; and (iv) The criminal gang offenses are committed on separate occasions; and (v) The criminal gang offenses are committed within a five-year period; (B) (i) As used in this subsection (a), "prior conviction" means a criminal gang offense for which a criminal gang member was convicted prior to the commission of the instant criminal gang offense by the defendant and includes convictions occurring prior to July 1, 1997; (ii) "Prior conviction" includes convictions under the laws of any other state, government or country that, if committed in this state, would have constituted a criminal gang offense. In the event that a conviction from a jurisdiction other than Tennessee is not specifically named the same as a criminal gang offense, the elements of the offense in the other jurisdiction shall be used by the Tennessee court to determine if the offense is a criminal gang offense; (iii) Convictions for multiple criminal gang offenses committed as part of a single course of conduct within twenty-four (24) hours are not committed on "separate occasions." However, acts that constitute criminal gang offenses under subdivision (a)(3)(A) shall not be construed to be a single course of conduct.
(1) "Criminal gang" means a formal or informal ongoing organization, association or group consisting of three (3) or more persons that has: (A) As one (1) of its primary activities, the commission of criminal gang offenses; (B) Two (2) or more members who, individually or collectively, engage in or have engaged in a pattern of criminal gang activity;
(A) As one (1) of its primary activities, the commission of criminal gang offenses;
(B) Two (2) or more members who, individually or collectively, engage in or have engaged in a pattern of criminal gang activity;
(2) "Criminal gang member" is a person who is a member of a criminal gang, as defined in subdivision (a)(1), who meets two (2) or more of the following criteria: (A) Admits to criminal gang involvement; (B) Is identified as a criminal gang member by a parent or guardian; (C) Is identified as a criminal gang member by a documented reliable informant; (D) Resides in or frequents a particular criminal gang's area, adopts their style or dress, their use of hand signs or their tattoos and associates with known criminal gang members; (E) Is identified as a criminal gang member by an informant of previously untested reliability and the identification is corroborated by independent information; (F) Has been arrested more than once in the company of identified criminal gang members for offenses that are consistent with usual criminal gang activity; or (G) Is identified as a criminal gang member by physical evidence such as photographs or other documentation;
(A) Admits to criminal gang involvement;
(B) Is identified as a criminal gang member by a parent or guardian;
(C) Is identified as a criminal gang member by a documented reliable informant;
(D) Resides in or frequents a particular criminal gang's area, adopts their style or dress, their use of hand signs or their tattoos and associates with known criminal gang members;
(E) Is identified as a criminal gang member by an informant of previously untested reliability and the identification is corroborated by independent information;
(F) Has been arrested more than once in the company of identified criminal gang members for offenses that are consistent with usual criminal gang activity; or
(G) Is identified as a criminal gang member by physical evidence such as photographs or other documentation;
(3) "Criminal gang offense" means: (A) A criminal offense committed prior to July 1, 2013 that: (i) During the perpetration of which the defendant knowingly causes, or threatens to cause, death or bodily injury to another person or persons and specifically includes rape of a child, aggravated rape and rape; or (ii) Results, or was intended to result, in the defendant's receiving income, benefit, property, money or anything of value from the commission of any aggravated burglary, or from the illegal sale, delivery, or manufacture of a controlled substance, controlled substance analogue, or firearm; or (B) The commission or attempted commission, facilitation of, solicitation of, or conspiracy to commit any of the following offenses on or after July 1, 2013: (i) First degree murder, as defined in § 39-13-202 ; (ii) Second degree murder, as defined in § 39-13-210 ; (iii) Voluntary manslaughter, as defined in § 39-13-211 ; (iv) Assault, as defined in § 39-13-101 ; (v) Aggravated assault, as defined in § 39-13-102 ; (vi) Kidnapping, as defined in § 39-13-303 ; (vii) Aggravated kidnapping, as defined in § 39-13-304 ; (viii) Especially aggravated kidnapping, as defined in § 39-13-305 ; (ix) Robbery, as defined in § 39-13-401 ; (x) Aggravated robbery, as defined in § 39-13-402 ; (xi) Especially aggravated robbery, as defined in § 39-13-403 ; (xii) Carjacking, as defined in § 39-13-404 ; (xiii) Rape, as defined in § 39-13-503 ; (xiv) Aggravated rape, as defined in § 39-13-502 ; (xv) Rape of a child, as defined in § 39-13-522 ; (xvi) Aggravated burglary, as defined in § 39-13-1003 ; (xvii) Especially aggravated burglary, as defined in § 39-13-1004 ; (xviii) Aggravated criminal trespass, as defined in § 39-14-406 ; (xix) Coercion of witness, as defined in § 39-16-507 ; (xx) Retaliation for past action, as defined in § 39-16-510 ; (xxi) Riot, as defined in § 39-17-302 ; (xxii) Aggravated riot, as defined in § 39-17-303 ; (xxiii) Inciting to riot, as defined in § 39-17-304 ; (xxiv) The illegal sale, delivery or manufacture of a controlled substance or controlled substance analogue, as defined in §§ 39-17-417 and 39-17-454 ; (xxv) Possession of a controlled substance or controlled substance analogue with intent to sell, deliver, or manufacture, as defined in § 39-17-417(a)(4) and § 39-17-454 ; (xxvi) Unlawful carrying or possession of a weapon, as defined in § 39-17-1307 ; (xxvii) Trafficking for commercial sex acts, as defined in § 39-13-309 ;
(A) A criminal offense committed prior to July 1, 2013 that: (i) During the perpetration of which the defendant knowingly causes, or threatens to cause, death or bodily injury to another person or persons and specifically includes rape of a child, aggravated rape and rape; or (ii) Results, or was intended to result, in the defendant's receiving income, benefit, property, money or anything of value from the commission of any aggravated burglary, or from the illegal sale, delivery, or manufacture of a controlled substance, controlled substance analogue, or firearm; or
(i) During the perpetration of which the defendant knowingly causes, or threatens to cause, death or bodily injury to another person or persons and specifically includes rape of a child, aggravated rape and rape; or
(ii) Results, or was intended to result, in the defendant's receiving income, benefit, property, money or anything of value from the commission of any aggravated burglary, or from the illegal sale, delivery, or manufacture of a controlled substance, controlled substance analogue, or firearm; or
(B) The commission or attempted commission, facilitation of, solicitation of, or conspiracy to commit any of the following offenses on or after July 1, 2013: (i) First degree murder, as defined in § 39-13-202 ; (ii) Second degree murder, as defined in § 39-13-210 ; (iii) Voluntary manslaughter, as defined in § 39-13-211 ; (iv) Assault, as defined in § 39-13-101 ; (v) Aggravated assault, as defined in § 39-13-102 ; (vi) Kidnapping, as defined in § 39-13-303 ; (vii) Aggravated kidnapping, as defined in § 39-13-304 ; (viii) Especially aggravated kidnapping, as defined in § 39-13-305 ; (ix) Robbery, as defined in § 39-13-401 ; (x) Aggravated robbery, as defined in § 39-13-402 ; (xi) Especially aggravated robbery, as defined in § 39-13-403 ; (xii) Carjacking, as defined in § 39-13-404 ; (xiii) Rape, as defined in § 39-13-503 ; (xiv) Aggravated rape, as defined in § 39-13-502 ; (xv) Rape of a child, as defined in § 39-13-522 ; (xvi) Aggravated burglary, as defined in § 39-13-1003 ; (xvii) Especially aggravated burglary, as defined in § 39-13-1004 ; (xviii) Aggravated criminal trespass, as defined in § 39-14-406 ; (xix) Coercion of witness, as defined in § 39-16-507 ; (xx) Retaliation for past action, as defined in § 39-16-510 ; (xxi) Riot, as defined in § 39-17-302 ; (xxii) Aggravated riot, as defined in § 39-17-303 ; (xxiii) Inciting to riot, as defined in § 39-17-304 ; (xxiv) The illegal sale, delivery or manufacture of a controlled substance or controlled substance analogue, as defined in §§ 39-17-417 and 39-17-454 ; (xxv) Possession of a controlled substance or controlled substance analogue with intent to sell, deliver, or manufacture, as defined in § 39-17-417(a)(4) and § 39-17-454 ; (xxvi) Unlawful carrying or possession of a weapon, as defined in § 39-17-1307 ; (xxvii) Trafficking for commercial sex acts, as defined in § 39-13-309 ;
(i) First degree murder, as defined in § 39-13-202 ;
(ii) Second degree murder, as defined in § 39-13-210 ;
(iii) Voluntary manslaughter, as defined in § 39-13-211 ;
(iv) Assault, as defined in § 39-13-101 ;
(v) Aggravated assault, as defined in § 39-13-102 ;
(vi) Kidnapping, as defined in § 39-13-303 ;
(vii) Aggravated kidnapping, as defined in § 39-13-304 ;
(viii) Especially aggravated kidnapping, as defined in § 39-13-305 ;
(ix) Robbery, as defined in § 39-13-401 ;
(x) Aggravated robbery, as defined in § 39-13-402 ;
(xi) Especially aggravated robbery, as defined in § 39-13-403 ;
(xii) Carjacking, as defined in § 39-13-404 ;
(xiii) Rape, as defined in § 39-13-503 ;
(xiv) Aggravated rape, as defined in § 39-13-502 ;
(xv) Rape of a child, as defined in § 39-13-522 ;
(xvi) Aggravated burglary, as defined in § 39-13-1003 ;
(xvii) Especially aggravated burglary, as defined in § 39-13-1004 ;
(xviii) Aggravated criminal trespass, as defined in § 39-14-406 ;
(xix) Coercion of witness, as defined in § 39-16-507 ;
(xx) Retaliation for past action, as defined in § 39-16-510 ;
(xxi) Riot, as defined in § 39-17-302 ;
(xxii) Aggravated riot, as defined in § 39-17-303 ;
(xxiii) Inciting to riot, as defined in § 39-17-304 ;
(xxiv) The illegal sale, delivery or manufacture of a controlled substance or controlled substance analogue, as defined in §§ 39-17-417 and 39-17-454 ;
(xxv) Possession of a controlled substance or controlled substance analogue with intent to sell, deliver, or manufacture, as defined in § 39-17-417(a)(4) and § 39-17-454 ;
(xxvi) Unlawful carrying or possession of a weapon, as defined in § 39-17-1307 ;
(xxvii) Trafficking for commercial sex acts, as defined in § 39-13-309 ;
(4) (A) "Pattern of criminal gang activity" means prior convictions for the commission or attempted commission of, facilitation of, solicitation of, or conspiracy to commit: (i) Two (2) or more criminal gang offenses that are classified as felonies; or (ii) Three (3) or more criminal gang offenses that are classified as misdemeanors; or (iii) One (1) or more criminal gang offenses that are classified as felonies and two (2) or more criminal gang offenses that are classified as misdemeanors; and (iv) The criminal gang offenses are committed on separate occasions; and (v) The criminal gang offenses are committed within a five-year period; (B) (i) As used in this subsection (a), "prior conviction" means a criminal gang offense for which a criminal gang member was convicted prior to the commission of the instant criminal gang offense by the defendant and includes convictions occurring prior to July 1, 1997; (ii) "Prior conviction" includes convictions under the laws of any other state, government or country that, if committed in this state, would have constituted a criminal gang offense. In the event that a conviction from a jurisdiction other than Tennessee is not specifically named the same as a criminal gang offense, the elements of the offense in the other jurisdiction shall be used by the Tennessee court to determine if the offense is a criminal gang offense; (iii) Convictions for multiple criminal gang offenses committed as part of a single course of conduct within twenty-four (24) hours are not committed on "separate occasions." However, acts that constitute criminal gang offenses under subdivision (a)(3)(A) shall not be construed to be a single course of conduct.
(A) "Pattern of criminal gang activity" means prior convictions for the commission or attempted commission of, facilitation of, solicitation of, or conspiracy to commit: (i) Two (2) or more criminal gang offenses that are classified as felonies; or (ii) Three (3) or more criminal gang offenses that are classified as misdemeanors; or (iii) One (1) or more criminal gang offenses that are classified as felonies and two (2) or more criminal gang offenses that are classified as misdemeanors; and (iv) The criminal gang offenses are committed on separate occasions; and (v) The criminal gang offenses are committed within a five-year period;
(i) Two (2) or more criminal gang offenses that are classified as felonies; or
(ii) Three (3) or more criminal gang offenses that are classified as misdemeanors; or
(iii) One (1) or more criminal gang offenses that are classified as felonies and two (2) or more criminal gang offenses that are classified as misdemeanors; and
(iv) The criminal gang offenses are committed on separate occasions; and
(v) The criminal gang offenses are committed within a five-year period;
(B) (i) As used in this subsection (a), "prior conviction" means a criminal gang offense for which a criminal gang member was convicted prior to the commission of the instant criminal gang offense by the defendant and includes convictions occurring prior to July 1, 1997; (ii) "Prior conviction" includes convictions under the laws of any other state, government or country that, if committed in this state, would have constituted a criminal gang offense. In the event that a conviction from a jurisdiction other than Tennessee is not specifically named the same as a criminal gang offense, the elements of the offense in the other jurisdiction shall be used by the Tennessee court to determine if the offense is a criminal gang offense; (iii) Convictions for multiple criminal gang offenses committed as part of a single course of conduct within twenty-four (24) hours are not committed on "separate occasions." However, acts that constitute criminal gang offenses under subdivision (a)(3)(A) shall not be construed to be a single course of conduct.
(i) As used in this subsection (a), "prior conviction" means a criminal gang offense for which a criminal gang member was convicted prior to the commission of the instant criminal gang offense by the defendant and includes convictions occurring prior to July 1, 1997;
(ii) "Prior conviction" includes convictions under the laws of any other state, government or country that, if committed in this state, would have constituted a criminal gang offense. In the event that a conviction from a jurisdiction other than Tennessee is not specifically named the same as a criminal gang offense, the elements of the offense in the other jurisdiction shall be used by the Tennessee court to determine if the offense is a criminal gang offense;
(iii) Convictions for multiple criminal gang offenses committed as part of a single course of conduct within twenty-four (24) hours are not committed on "separate occasions." However, acts that constitute criminal gang offenses under subdivision (a)(3)(A) shall not be construed to be a single course of conduct.
(b) A criminal gang offense committed by a defendant shall be punished one (1) classification higher than the classification established by the specific statute creating the offense committed if: (1) The defendant was a criminal gang member at the time of the offense; and (2) The criminal gang offense was committed at the direction of, in association with, or for the benefit of the defendant's criminal gang or a member of the defendant's criminal gang.
(1) The defendant was a criminal gang member at the time of the offense; and
(2) The criminal gang offense was committed at the direction of, in association with, or for the benefit of the defendant's criminal gang or a member of the defendant's criminal gang.
(c) A criminal gang offense committed by a defendant who was not a criminal gang member at the time of the offense but who committed the offense for the purpose of and with the intent to fulfill an initiation or other requirement for joining a criminal gang as defined in subdivision (a)(1) shall be punished one (1) classification higher than the classification established by the specific statute creating the offense committed.
(d) If the criminal gang offense subject to enhancement under subsection (b) or (c) is a Class A felony, the presumptive sentence for the offense shall be the maximum sentence within the range from which the defendant is to be sentenced.
(e) A criminal gang offense committed by a defendant shall be punished two (2) classifications higher than the classification established by the specific statute creating the offense committed if, at the time the offense was committed: (1) The defendant was a criminal gang member; (2) The defendant was also a leader or organizer of the criminal gang; and (3) The offense was at the direction of, in association with, or for the benefit of the defendant's criminal gang or a member of the defendant's criminal gang.
(1) The defendant was a criminal gang member;
(2) The defendant was also a leader or organizer of the criminal gang; and
(3) The offense was at the direction of, in association with, or for the benefit of the defendant's criminal gang or a member of the defendant's criminal gang.
(f) If the criminal gang offense subject to enhancement under subsection (e) is a Class A or B felony, the criminal gang member shall be sentenced as a Class A felon and the presumptive sentence for the offense shall be the maximum sentence within the range from which the defendant is to be sentenced.
(g) If the defendant is charged with a criminal gang offense and the district attorney general intends to seek enhancement of the punishment under subsection (b), (c) or (e), the indictment, in a separate count, shall specify, charge and give notice of the subsection under which enhancement is alleged applicable and of the required prior convictions constituting the gang's pattern of criminal gang activity.
(h) (1) If the defendant is convicted of the underlying criminal gang offense, the jury shall then separately consider whether the defendant was at the time of the offense: (A) A criminal gang member; (B) A criminal gang member and a leader or organizer of the gang; or (C) Not a criminal gang member but committed the offense for the purpose of joining a criminal gang. (2) If the jury convicts the defendant under subdivision (h)(1)(A), (h)(1)(B) or (h)(1)(C), the court shall pronounce judgment and sentence the defendant as provided in this section.
(1) If the defendant is convicted of the underlying criminal gang offense, the jury shall then separately consider whether the defendant was at the time of the offense: (A) A criminal gang member; (B) A criminal gang member and a leader or organizer of the gang; or (C) Not a criminal gang member but committed the offense for the purpose of joining a criminal gang.
(A) A criminal gang member;
(B) A criminal gang member and a leader or organizer of the gang; or
(C) Not a criminal gang member but committed the offense for the purpose of joining a criminal gang.
(2) If the jury convicts the defendant under subdivision (h)(1)(A), (h)(1)(B) or (h)(1)(C), the court shall pronounce judgment and sentence the defendant as provided in this section.
(i) For purposes of establishing a "pattern of criminal gang activity" the following offenses may be considered: (1) Criminal gang offenses, as defined by subdivision (a)(3)(A), committed prior to July 1, 2013; and (2) Criminal gang offenses, as defined by subdivision (a)(3)(B), committed on or after July 1, 2013.
(1) Criminal gang offenses, as defined by subdivision (a)(3)(A), committed prior to July 1, 2013; and
(2) Criminal gang offenses, as defined by subdivision (a)(3)(B), committed on or after July 1, 2013.
Amended by 2021 Tenn. Acts, ch. 545, s 13, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 1034, Secs.s 1, s 2, s 3 eff. 4/28/2016.
Amended by 2013 Tenn. Acts, ch. 415, s 1, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 357, s 1, eff. 7/1/2013.
Acts 1997 , ch. 437, § 1; 2011 , ch. 493, § 2; 2012 , ch. 848, § 34.
Tenn. Code Ann. § 40-17-123 — TN Code / Title 40 / Chapter 17 / Section 40-17-123
Obtaining subpoena for production of documents or information - Required findings and duties - Self incrimination - Contempt
Status: in_force

(a) The following procedure shall be employed when a law enforcement officer, as defined in § 39-11-106 , seeks to obtain a subpoena for the production of books, papers, records, documents, tangible things, or information and data electronically stored for the purpose of establishing, investigating or gathering evidence for the prosecution of a criminal offense. (b) If the officer has reason to believe that a criminal offense has been committed or is being committed and that requiring the production of documents or information is necessary to establish who committed or is committing the offense or to aid in the investigation and prosecution of the person or persons believed to have committed or believed to be committing the offense, the officer shall prepare an affidavit in accordance with subsection (c). (c) An affidavit in support of a request to compel the production of books, papers, records, documents, tangible things, or information and data electronically stored shall state with particularity the following: (1) A statement that a specific criminal offense has been committed or is being committed and the nature of the criminal offense; (2) The articulable reasons why the law enforcement officer believes the production of the documents requested will materially assist in the investigation of the specific offense committed or being committed; (3) The custodian of the documents requested and the person, persons or corporation about whom the documents pertain; (4) The specific documents requested to be included in the subpoena; and (5) The nexus between the documents requested and the criminal offense committed or being committed. (d) (1) Upon preparing the affidavit, the law enforcement officer shall submit it to either a judge of a court of record or a general sessions judge who serves the officer's county of jurisdiction. The judge shall examine the affidavit and may examine the affiants under oath. The judge shall grant the request for a subpoena to produce the documents requested if the judge finds that the affiants have presented a reasonable basis for believing that: (A) A specific criminal offense has been committed or is being committed; (B) Production of the requested documents will materially assist law enforcement in the establishment or investigation of the offense; (C) There exists a clear and logical nexus between the documents requested and the offense committed or being committed; and (D) The scope of the request is not unreasonably broad or the documents unduly burdensome to produce. (2) If the judge finds that all of the criteria set out in subdivision (d)(1) exist as to some of the documents requested but not all of them, the judge may grant the subpoena as to the documents that do, but deny it as to the ones that do not. (3) If the judge finds that all of the criteria set out in subdivision (d)(1) do not exist as to any of the documents requested, the judge shall deny the request for subpoena. (e) The affidavit filed in support of any request for the issuance of a subpoena pursuant to this section shall be filed with and maintained by the court. If a subpoena is issued as the result of an affidavit, the affidavit shall be kept under seal by the judge until a copy is requested by the district attorney general, criminal charges are filed in the case, or the affidavit is ordered released by a court of record for good cause. (f) A subpoena granted pursuant to this section by a judge of a court of record shall issue to any part of the state and shall command the person, or designated agent for service of process, to whom it is directed to produce any books, papers, records, documents, tangible things, or information and data electronically stored that is specified in the subpoena, to the law enforcement officer and at any reasonable time and place that is designated in the subpoena. A subpoena granted pursuant to this section by a judge of a court of general sessions shall in all respects be like a subpoena granted by the judge of a court of record but shall issue only within the county in which the sessions judge has jurisdiction. The court shall prepare or cause to be prepared the subpoena and it shall describe the specific materials requested and set forth the date and manner the materials are to be delivered to the officer. (g) If the subpoena is issued by a judge of a court of record, it may be served by the officer in any county of the state by personal service, registered mail, or by any other means with the consent of the person named in the subpoena. If the subpoena is issued by a judge of a general sessions court it shall be served by an officer with jurisdiction in the county of the issuing judge, but may be served by personal service, registered mail, or by any other means with the consent of the person named in the subpoena. The officer shall maintain a copy of the subpoena and endorse on the subpoena the date and manner of service as proof of service. (h) No person shall be excused from complying with a subpoena for the production of documentary evidence issued pursuant to this section on the ground that production of the requested materials may tend to incriminate the person. Any person claiming a privilege against self incrimination must assert the claim before the court issuing the subpoena and before the time designated for compliance therewith. If the district attorney general thereafter certifies to the court that the interests of justice demands the production of the requested materials for which the claim of privilege is asserted, then the court shall order the production of the materials and no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning the requested materials the person was compelled to produce. If the person fails to assert the privilege against self-incrimination, the person may raise this issue later but will not be entitled to immunity from prosecution. (i) No subpoena for the production of documentary evidence authorized by this section shall be directed to, or served upon, any defendant, or that defendant's counsel, to a criminal action in this state. (j) If any person without cause refuses to produce the requested materials within the time and manner designated for compliance by the issuing judge, the district attorney may file a motion for civil contempt with the court with the motion and show cause order being served upon the person. The order shall designate a time and place for a hearing on the merits. If at the hearing the court finds that the person has willfully refused to produce the requested materials, the court may find that the person is in civil contempt and may assess sanctions accordingly including incarcerating the person with or without bond being set until compliance with the subpoena is satisfied. If the person fails to appear for the hearing, the court may issue a writ of attachment for the person. (k) A person to whom a subpoena is directed may file a motion to quash or modify the subpoena upon a showing that compliance would be unreasonable or oppressive. The person shall file any such motion stating an objection to the subpoena with the clerk of the court for the issuing judge within seven (7) days of service of the subpoena. The filing of the motion shall stay all proceedings pending the outcome of a hearing before the issuing judge. The judge shall conduct the hearing within seven (7) days of the filing of the motion. (l) Notwithstanding subsections (a)-(k), a subpoena shall also comply with the Financial Records Privacy Act, compiled in title 45, chapter 10, as to any records or persons covered by that Act. Acts 2002, ch. 849, § 11.
(a) The following procedure shall be employed when a law enforcement officer, as defined in § 39-11-106 , seeks to obtain a subpoena for the production of books, papers, records, documents, tangible things, or information and data electronically stored for the purpose of establishing, investigating or gathering evidence for the prosecution of a criminal offense.
(b) If the officer has reason to believe that a criminal offense has been committed or is being committed and that requiring the production of documents or information is necessary to establish who committed or is committing the offense or to aid in the investigation and prosecution of the person or persons believed to have committed or believed to be committing the offense, the officer shall prepare an affidavit in accordance with subsection (c).
(c) An affidavit in support of a request to compel the production of books, papers, records, documents, tangible things, or information and data electronically stored shall state with particularity the following: (1) A statement that a specific criminal offense has been committed or is being committed and the nature of the criminal offense; (2) The articulable reasons why the law enforcement officer believes the production of the documents requested will materially assist in the investigation of the specific offense committed or being committed; (3) The custodian of the documents requested and the person, persons or corporation about whom the documents pertain; (4) The specific documents requested to be included in the subpoena; and (5) The nexus between the documents requested and the criminal offense committed or being committed.
(1) A statement that a specific criminal offense has been committed or is being committed and the nature of the criminal offense;
(2) The articulable reasons why the law enforcement officer believes the production of the documents requested will materially assist in the investigation of the specific offense committed or being committed;
(3) The custodian of the documents requested and the person, persons or corporation about whom the documents pertain;
(4) The specific documents requested to be included in the subpoena; and
(5) The nexus between the documents requested and the criminal offense committed or being committed.
(d) (1) Upon preparing the affidavit, the law enforcement officer shall submit it to either a judge of a court of record or a general sessions judge who serves the officer's county of jurisdiction. The judge shall examine the affidavit and may examine the affiants under oath. The judge shall grant the request for a subpoena to produce the documents requested if the judge finds that the affiants have presented a reasonable basis for believing that: (A) A specific criminal offense has been committed or is being committed; (B) Production of the requested documents will materially assist law enforcement in the establishment or investigation of the offense; (C) There exists a clear and logical nexus between the documents requested and the offense committed or being committed; and (D) The scope of the request is not unreasonably broad or the documents unduly burdensome to produce. (2) If the judge finds that all of the criteria set out in subdivision (d)(1) exist as to some of the documents requested but not all of them, the judge may grant the subpoena as to the documents that do, but deny it as to the ones that do not. (3) If the judge finds that all of the criteria set out in subdivision (d)(1) do not exist as to any of the documents requested, the judge shall deny the request for subpoena.
(1) Upon preparing the affidavit, the law enforcement officer shall submit it to either a judge of a court of record or a general sessions judge who serves the officer's county of jurisdiction. The judge shall examine the affidavit and may examine the affiants under oath. The judge shall grant the request for a subpoena to produce the documents requested if the judge finds that the affiants have presented a reasonable basis for believing that: (A) A specific criminal offense has been committed or is being committed; (B) Production of the requested documents will materially assist law enforcement in the establishment or investigation of the offense; (C) There exists a clear and logical nexus between the documents requested and the offense committed or being committed; and (D) The scope of the request is not unreasonably broad or the documents unduly burdensome to produce.
(A) A specific criminal offense has been committed or is being committed;
(B) Production of the requested documents will materially assist law enforcement in the establishment or investigation of the offense;
(C) There exists a clear and logical nexus between the documents requested and the offense committed or being committed; and
(D) The scope of the request is not unreasonably broad or the documents unduly burdensome to produce.
(2) If the judge finds that all of the criteria set out in subdivision (d)(1) exist as to some of the documents requested but not all of them, the judge may grant the subpoena as to the documents that do, but deny it as to the ones that do not.
(3) If the judge finds that all of the criteria set out in subdivision (d)(1) do not exist as to any of the documents requested, the judge shall deny the request for subpoena.
(e) The affidavit filed in support of any request for the issuance of a subpoena pursuant to this section shall be filed with and maintained by the court. If a subpoena is issued as the result of an affidavit, the affidavit shall be kept under seal by the judge until a copy is requested by the district attorney general, criminal charges are filed in the case, or the affidavit is ordered released by a court of record for good cause.
(f) A subpoena granted pursuant to this section by a judge of a court of record shall issue to any part of the state and shall command the person, or designated agent for service of process, to whom it is directed to produce any books, papers, records, documents, tangible things, or information and data electronically stored that is specified in the subpoena, to the law enforcement officer and at any reasonable time and place that is designated in the subpoena. A subpoena granted pursuant to this section by a judge of a court of general sessions shall in all respects be like a subpoena granted by the judge of a court of record but shall issue only within the county in which the sessions judge has jurisdiction. The court shall prepare or cause to be prepared the subpoena and it shall describe the specific materials requested and set forth the date and manner the materials are to be delivered to the officer.
(g) If the subpoena is issued by a judge of a court of record, it may be served by the officer in any county of the state by personal service, registered mail, or by any other means with the consent of the person named in the subpoena. If the subpoena is issued by a judge of a general sessions court it shall be served by an officer with jurisdiction in the county of the issuing judge, but may be served by personal service, registered mail, or by any other means with the consent of the person named in the subpoena. The officer shall maintain a copy of the subpoena and endorse on the subpoena the date and manner of service as proof of service.
(h) No person shall be excused from complying with a subpoena for the production of documentary evidence issued pursuant to this section on the ground that production of the requested materials may tend to incriminate the person. Any person claiming a privilege against self incrimination must assert the claim before the court issuing the subpoena and before the time designated for compliance therewith. If the district attorney general thereafter certifies to the court that the interests of justice demands the production of the requested materials for which the claim of privilege is asserted, then the court shall order the production of the materials and no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning the requested materials the person was compelled to produce. If the person fails to assert the privilege against self-incrimination, the person may raise this issue later but will not be entitled to immunity from prosecution.
(i) No subpoena for the production of documentary evidence authorized by this section shall be directed to, or served upon, any defendant, or that defendant's counsel, to a criminal action in this state.
(j) If any person without cause refuses to produce the requested materials within the time and manner designated for compliance by the issuing judge, the district attorney may file a motion for civil contempt with the court with the motion and show cause order being served upon the person. The order shall designate a time and place for a hearing on the merits. If at the hearing the court finds that the person has willfully refused to produce the requested materials, the court may find that the person is in civil contempt and may assess sanctions accordingly including incarcerating the person with or without bond being set until compliance with the subpoena is satisfied. If the person fails to appear for the hearing, the court may issue a writ of attachment for the person.
(k) A person to whom a subpoena is directed may file a motion to quash or modify the subpoena upon a showing that compliance would be unreasonable or oppressive. The person shall file any such motion stating an objection to the subpoena with the clerk of the court for the issuing judge within seven (7) days of service of the subpoena. The filing of the motion shall stay all proceedings pending the outcome of a hearing before the issuing judge. The judge shall conduct the hearing within seven (7) days of the filing of the motion.
(l) Notwithstanding subsections (a)-(k), a subpoena shall also comply with the Financial Records Privacy Act, compiled in title 45, chapter 10, as to any records or persons covered by that Act.
Acts 2002, ch. 849, § 11.