Tenn. Code Ann. § 40-11-113 — TN Code / Title 40 / Chapter 11 / Section 40-11-113
Admission to bail pending appeal
Status: in_force

(a) (1) In the cases in which the defendant may be admitted to bail upon appeal, the order admitting the defendant to bail may be made either by the court wherein the judgment was rendered, or the judge of the rendering court, by the court of criminal appeals, or any judge of the court of criminal appeals, or by the supreme court, or any supreme court justice. (2) In any case in which any person has been admitted to bail following the person's arrest or indictment, the bail bond, security or cash deposit shall continue and be valid and binding pending any trial proceeding and appellate review, and no additional or new bail shall be required unless ordered by the court wherein the judgment of the conviction was rendered, or the judge of the rendering court, or by the court of criminal appeals, or any judge of the court of criminal appeals, or by the supreme court, or any supreme court judge. (3) Nothing in this section shall prevent any of the rendering courts, the court of criminal appeals or the supreme court or any judge or justice of those courts from reducing or increasing the amount of bail required pending appellate review. (4) If any person admitted to bail pending appeal is indicted for or convicted of a separate felony offense while released on bail, the bail shall be revoked and the defendant committed immediately. (b) If a defendant is convicted of first degree murder, a Class A felony or a violation of § 39-11-117 , § 39-12-205 , § 39-13-304 , § 39-13-402 , § 39-13-503 , § 39-13-504 , § 39-13-518 , § 39-13-1004 , § 39-15-402 , § 39-17-107 , § 39-17-417(b) , § 39-17-417(c)(1) , § 39-17-417(i) , § 39-17-1004 or § 39-17-1005 , the judge shall revoke bail immediately, notwithstanding sentencing hearings, motions for a new trial, or related post-guilt determination hearings. (c) If the defendant is convicted of any other felony offense, the judge may revoke bail immediately, notwithstanding sentencing hearings, motions for a new trial and related post-guilt determination hearings. (d) Before a judge admits to bail pending appeal and releases a defendant who is convicted of any kidnapping offense, for which bail is authorized, involving a hostage or victim, the judge shall make all reasonable and diligent efforts to notify the hostage or victim of the offense that the defendant has been admitted to bail pending appeal and is being released. If the hostage or victim is under eighteen (18) years of age or is otherwise unavailable, the judge shall make all reasonable and diligent efforts to so notify the family, if any, of the hostage or victim. Amended by 2022 Tenn. Acts, ch. 643, s 1, eff. 3/11/2022. Amended by 2021 Tenn. Acts, ch. 545, s 15, eff. 7/1/2021. Acts 1978, ch. 506, § 13; 1979, ch. 224, § 1; 1979, ch. 318, § 16; 1979, ch. 397, § 1; 1981, ch. 449, § 2; 1982, ch. 567, §§ 1, 2; T.C.A., § 40-1213; Acts 1988, ch. 648, § 2; 1991, ch. 347, §§ 1, 3; 1995, ch. 498, § 1.
(a) (1) In the cases in which the defendant may be admitted to bail upon appeal, the order admitting the defendant to bail may be made either by the court wherein the judgment was rendered, or the judge of the rendering court, by the court of criminal appeals, or any judge of the court of criminal appeals, or by the supreme court, or any supreme court justice. (2) In any case in which any person has been admitted to bail following the person's arrest or indictment, the bail bond, security or cash deposit shall continue and be valid and binding pending any trial proceeding and appellate review, and no additional or new bail shall be required unless ordered by the court wherein the judgment of the conviction was rendered, or the judge of the rendering court, or by the court of criminal appeals, or any judge of the court of criminal appeals, or by the supreme court, or any supreme court judge. (3) Nothing in this section shall prevent any of the rendering courts, the court of criminal appeals or the supreme court or any judge or justice of those courts from reducing or increasing the amount of bail required pending appellate review. (4) If any person admitted to bail pending appeal is indicted for or convicted of a separate felony offense while released on bail, the bail shall be revoked and the defendant committed immediately.
(1) In the cases in which the defendant may be admitted to bail upon appeal, the order admitting the defendant to bail may be made either by the court wherein the judgment was rendered, or the judge of the rendering court, by the court of criminal appeals, or any judge of the court of criminal appeals, or by the supreme court, or any supreme court justice.
(2) In any case in which any person has been admitted to bail following the person's arrest or indictment, the bail bond, security or cash deposit shall continue and be valid and binding pending any trial proceeding and appellate review, and no additional or new bail shall be required unless ordered by the court wherein the judgment of the conviction was rendered, or the judge of the rendering court, or by the court of criminal appeals, or any judge of the court of criminal appeals, or by the supreme court, or any supreme court judge.
(3) Nothing in this section shall prevent any of the rendering courts, the court of criminal appeals or the supreme court or any judge or justice of those courts from reducing or increasing the amount of bail required pending appellate review.
(4) If any person admitted to bail pending appeal is indicted for or convicted of a separate felony offense while released on bail, the bail shall be revoked and the defendant committed immediately.
(b) If a defendant is convicted of first degree murder, a Class A felony or a violation of § 39-11-117 , § 39-12-205 , § 39-13-304 , § 39-13-402 , § 39-13-503 , § 39-13-504 , § 39-13-518 , § 39-13-1004 , § 39-15-402 , § 39-17-107 , § 39-17-417(b) , § 39-17-417(c)(1) , § 39-17-417(i) , § 39-17-1004 or § 39-17-1005 , the judge shall revoke bail immediately, notwithstanding sentencing hearings, motions for a new trial, or related post-guilt determination hearings.
(c) If the defendant is convicted of any other felony offense, the judge may revoke bail immediately, notwithstanding sentencing hearings, motions for a new trial and related post-guilt determination hearings.
(d) Before a judge admits to bail pending appeal and releases a defendant who is convicted of any kidnapping offense, for which bail is authorized, involving a hostage or victim, the judge shall make all reasonable and diligent efforts to notify the hostage or victim of the offense that the defendant has been admitted to bail pending appeal and is being released. If the hostage or victim is under eighteen (18) years of age or is otherwise unavailable, the judge shall make all reasonable and diligent efforts to so notify the family, if any, of the hostage or victim.
Amended by 2022 Tenn. Acts, ch. 643, s 1, eff. 3/11/2022.
Amended by 2021 Tenn. Acts, ch. 545, s 15, eff. 7/1/2021.
Acts 1978, ch. 506, § 13; 1979, ch. 224, § 1; 1979, ch. 318, § 16; 1979, ch. 397, § 1; 1981, ch. 449, § 2; 1982, ch. 567, §§ 1, 2; T.C.A., § 40-1213; Acts 1988, ch. 648, § 2; 1991, ch. 347, §§ 1, 3; 1995, ch. 498, § 1.
Tenn. Code Ann. § 40-35-205 — TN Code / Title 40 / Chapter 35 / Section 40-35-205
Presentence investigation - Physical or mental examination of defendant
Status: in_force

(a) Upon acceptance of a guilty plea or upon a verdict or finding of guilty, the court shall, in the case of a felony, and may, in the case of a misdemeanor, direct the presentence service officer to make a presentence investigation and report, except as provided in § 40-35-203 and subsection (b). The presentence service officer shall conduct the investigation necessary to prepare a presentence report, meeting the requirements of § 40-35-207 and any other investigation the officer deems appropriate or the court directs and shall independently determine the factual basis for any enhancement or mitigating factors asserted by the parties. (b) With the concurrence of a defendant, a court may direct the presentence service officer to begin the presentence investigation before the adjudication of the guilt of the defendant. Nothing discovered by the presentence investigation may be disclosed to the district attorney general, the court or the jury before acceptance of a plea of guilty or a verdict or finding of guilty unless the defendant concurs. If the presentence investigation is begun before the adjudication of guilt, the information discovered shall be disclosed to the defendant or defendant's counsel, upon request, after the court's acceptance of a plea of guilty or a verdict or finding of guilt. (c) The court may order a physical or mental examination of the defendant. If the court determines that an examination should be made, it shall issue an order that the defendant submit to examination at a time and place designated by the court and that the examination be conducted by a physician, psychiatrist, licensed psychologist, licensed psychological examiner, licensed senior psychological examiner or certified psychological assistant designated by the court. Upon the court's written determination that the defendant is indigent, the court may direct that any physical or mental examination provided for in this section shall be performed by the department of correction or mental health and substance abuse services. The examination shall be performed on an outpatient basis if appropriate. The costs of the examination shall be taxed as other costs in cases of indigency. (d) If the district attorney general and defendant agree on a specific sentence as to the offense classification, length or manner of service of sentence and the court accepts the sentence agreement as the appropriate disposition in the case, no presentence report or hearing shall be required unless so ordered by the court. No defendant sentenced to the custody of the department of correction shall be committed or conveyed to the department unaccompanied by the completed presentence report or investigation and report required by § 40-35-209(d)(1) . Furthermore, a presentence report or investigation and report shall be prepared on all defendants sentenced to a period of continuous confinement of one (1) year or greater in a local jail or workhouse. This requirement shall not be cause for delay in conveying the defendant to the local institution to which the defendant has been committed. No sentence agreement shall be binding on the court, which may either accept or reject the agreement pursuant to Rule 11 of the Tennessee Rules of Criminal Procedure. If the court rejects the sentence agreement, the defendant may elect to have a sentencing hearing with a presentence report. Acts 1989, ch. 591, § 6; 1999, ch. 157, § 1; 2001, ch. 334, § 8; 2010 , ch. 1100, § 68; 2012 , ch. 575, § 1; 2012 , ch. 727, § 44.
(a) Upon acceptance of a guilty plea or upon a verdict or finding of guilty, the court shall, in the case of a felony, and may, in the case of a misdemeanor, direct the presentence service officer to make a presentence investigation and report, except as provided in § 40-35-203 and subsection (b). The presentence service officer shall conduct the investigation necessary to prepare a presentence report, meeting the requirements of § 40-35-207 and any other investigation the officer deems appropriate or the court directs and shall independently determine the factual basis for any enhancement or mitigating factors asserted by the parties.
(b) With the concurrence of a defendant, a court may direct the presentence service officer to begin the presentence investigation before the adjudication of the guilt of the defendant. Nothing discovered by the presentence investigation may be disclosed to the district attorney general, the court or the jury before acceptance of a plea of guilty or a verdict or finding of guilty unless the defendant concurs. If the presentence investigation is begun before the adjudication of guilt, the information discovered shall be disclosed to the defendant or defendant's counsel, upon request, after the court's acceptance of a plea of guilty or a verdict or finding of guilt.
(c) The court may order a physical or mental examination of the defendant. If the court determines that an examination should be made, it shall issue an order that the defendant submit to examination at a time and place designated by the court and that the examination be conducted by a physician, psychiatrist, licensed psychologist, licensed psychological examiner, licensed senior psychological examiner or certified psychological assistant designated by the court. Upon the court's written determination that the defendant is indigent, the court may direct that any physical or mental examination provided for in this section shall be performed by the department of correction or mental health and substance abuse services. The examination shall be performed on an outpatient basis if appropriate. The costs of the examination shall be taxed as other costs in cases of indigency.
(d) If the district attorney general and defendant agree on a specific sentence as to the offense classification, length or manner of service of sentence and the court accepts the sentence agreement as the appropriate disposition in the case, no presentence report or hearing shall be required unless so ordered by the court. No defendant sentenced to the custody of the department of correction shall be committed or conveyed to the department unaccompanied by the completed presentence report or investigation and report required by § 40-35-209(d)(1) . Furthermore, a presentence report or investigation and report shall be prepared on all defendants sentenced to a period of continuous confinement of one (1) year or greater in a local jail or workhouse. This requirement shall not be cause for delay in conveying the defendant to the local institution to which the defendant has been committed. No sentence agreement shall be binding on the court, which may either accept or reject the agreement pursuant to Rule 11 of the Tennessee Rules of Criminal Procedure. If the court rejects the sentence agreement, the defendant may elect to have a sentencing hearing with a presentence report.
Acts 1989, ch. 591, § 6; 1999, ch. 157, § 1; 2001, ch. 334, § 8; 2010 , ch. 1100, § 68; 2012 , ch. 575, § 1; 2012 , ch. 727, § 44.
Tenn. Code Ann. § 40-14-109 — TN Code / Title 40 / Chapter 14 / Section 40-14-109
Domestic violence offenses - Notice to defendant
Status: in_force

(a) As used in this section, "domestic violence offense" means an offense that: (1) Is classified as a misdemeanor in this state; (2) Has as an element of the offense the use or attempted use of physical force or the threatened use of a deadly weapon; and (3) Is committed by a: (A) Current or former spouse, parent, or guardian of the victim; (B) Person with whom the victim shares a child in common; (C) Person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian; or (D) Person similarly situated to a spouse, parent, or guardian of the victim. (b) Before the court accepts the guilty plea of a defendant charged with a domestic violence offense, it shall notify the defendant of the following: (1) Pursuant to § 39-17-1307(f)(1) , and 18 U.S.C. § 922(g) , it is a state and federal offense for a person convicted of a domestic violence offense, and who is still subject to the disabilities of such a conviction, to possess or purchase a firearm. This means that from the moment of conviction for a domestic violence offense, the defendant will never again be able to lawfully possess or buy a firearm of any kind; (2) A defendant convicted of a domestic violence offense also must lawfully dispose of all firearms in the defendant's possession at the time of the conviction; (3) If the defendant possesses firearms as business inventory or that are registered under the National Firearms Act ( 26 U.S.C. §§ 5801 et seq.), there are additional statutory provisions that may apply and these additional provisions will be included in the court's order; and (4) A firearm subject to dispossession as the result of a domestic violence conviction will not be forfeited as provided in § 39-17-1317 , unless the possession of the firearm prior to committing the domestic violence offense constituted an independent offense for which the defendant has been convicted, or the firearms are abandoned by the defendant. (c) After informing the defendant of the firearm consequences of a conviction for a domestic violence offense pursuant to subsection (b), the court may accept the plea of guilty if the defendant clearly states on the record that the defendant is aware of the consequences of a conviction for a domestic violence offense and still wishes to enter a plea of guilty. (d) (1) If a defendant is not represented by an attorney but wishes to proceed to trial on a charge of committing a domestic violence offense, the court shall also inform the defendant of the consequences of a conviction for a domestic violence offense as provided in subsection (b). (2) If a defendant is represented by an attorney and the defendant intends to proceed to trial on a charge of committing a domestic violence offense, prior to commencement of the trial, the judge shall inquire of the defendant's attorney if the attorney has advised the defendant of the consequences of a conviction for a domestic violence offense. If not, the judge shall instruct the attorney to so advise the defendant. (e) If a defendant is found guilty by a jury or the court of a domestic violence offense, the court, immediately upon conviction, shall notify the defendant of the consequences of such a conviction as set out in subsection (b). Amended by 2017 Tenn. Acts, ch. 127, s 1, eff. 7/1/2017. Acts 1997 , ch. 176, § 1.
(a) As used in this section, "domestic violence offense" means an offense that: (1) Is classified as a misdemeanor in this state; (2) Has as an element of the offense the use or attempted use of physical force or the threatened use of a deadly weapon; and (3) Is committed by a: (A) Current or former spouse, parent, or guardian of the victim; (B) Person with whom the victim shares a child in common; (C) Person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian; or (D) Person similarly situated to a spouse, parent, or guardian of the victim.
(1) Is classified as a misdemeanor in this state;
(2) Has as an element of the offense the use or attempted use of physical force or the threatened use of a deadly weapon; and
(3) Is committed by a: (A) Current or former spouse, parent, or guardian of the victim; (B) Person with whom the victim shares a child in common; (C) Person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian; or (D) Person similarly situated to a spouse, parent, or guardian of the victim.
(A) Current or former spouse, parent, or guardian of the victim;
(B) Person with whom the victim shares a child in common;
(C) Person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian; or
(D) Person similarly situated to a spouse, parent, or guardian of the victim.
(b) Before the court accepts the guilty plea of a defendant charged with a domestic violence offense, it shall notify the defendant of the following: (1) Pursuant to § 39-17-1307(f)(1) , and 18 U.S.C. § 922(g) , it is a state and federal offense for a person convicted of a domestic violence offense, and who is still subject to the disabilities of such a conviction, to possess or purchase a firearm. This means that from the moment of conviction for a domestic violence offense, the defendant will never again be able to lawfully possess or buy a firearm of any kind; (2) A defendant convicted of a domestic violence offense also must lawfully dispose of all firearms in the defendant's possession at the time of the conviction; (3) If the defendant possesses firearms as business inventory or that are registered under the National Firearms Act ( 26 U.S.C. §§ 5801 et seq.), there are additional statutory provisions that may apply and these additional provisions will be included in the court's order; and (4) A firearm subject to dispossession as the result of a domestic violence conviction will not be forfeited as provided in § 39-17-1317 , unless the possession of the firearm prior to committing the domestic violence offense constituted an independent offense for which the defendant has been convicted, or the firearms are abandoned by the defendant.
(1) Pursuant to § 39-17-1307(f)(1) , and 18 U.S.C. § 922(g) , it is a state and federal offense for a person convicted of a domestic violence offense, and who is still subject to the disabilities of such a conviction, to possess or purchase a firearm. This means that from the moment of conviction for a domestic violence offense, the defendant will never again be able to lawfully possess or buy a firearm of any kind;
(2) A defendant convicted of a domestic violence offense also must lawfully dispose of all firearms in the defendant's possession at the time of the conviction;
(3) If the defendant possesses firearms as business inventory or that are registered under the National Firearms Act ( 26 U.S.C. §§ 5801 et seq.), there are additional statutory provisions that may apply and these additional provisions will be included in the court's order; and
(4) A firearm subject to dispossession as the result of a domestic violence conviction will not be forfeited as provided in § 39-17-1317 , unless the possession of the firearm prior to committing the domestic violence offense constituted an independent offense for which the defendant has been convicted, or the firearms are abandoned by the defendant.
(c) After informing the defendant of the firearm consequences of a conviction for a domestic violence offense pursuant to subsection (b), the court may accept the plea of guilty if the defendant clearly states on the record that the defendant is aware of the consequences of a conviction for a domestic violence offense and still wishes to enter a plea of guilty.
(d) (1) If a defendant is not represented by an attorney but wishes to proceed to trial on a charge of committing a domestic violence offense, the court shall also inform the defendant of the consequences of a conviction for a domestic violence offense as provided in subsection (b). (2) If a defendant is represented by an attorney and the defendant intends to proceed to trial on a charge of committing a domestic violence offense, prior to commencement of the trial, the judge shall inquire of the defendant's attorney if the attorney has advised the defendant of the consequences of a conviction for a domestic violence offense. If not, the judge shall instruct the attorney to so advise the defendant.
(1) If a defendant is not represented by an attorney but wishes to proceed to trial on a charge of committing a domestic violence offense, the court shall also inform the defendant of the consequences of a conviction for a domestic violence offense as provided in subsection (b).
(2) If a defendant is represented by an attorney and the defendant intends to proceed to trial on a charge of committing a domestic violence offense, prior to commencement of the trial, the judge shall inquire of the defendant's attorney if the attorney has advised the defendant of the consequences of a conviction for a domestic violence offense. If not, the judge shall instruct the attorney to so advise the defendant.
(e) If a defendant is found guilty by a jury or the court of a domestic violence offense, the court, immediately upon conviction, shall notify the defendant of the consequences of such a conviction as set out in subsection (b).
Amended by 2017 Tenn. Acts, ch. 127, s 1, eff. 7/1/2017.
Acts 1997 , ch. 176, § 1.
Tenn. Code Ann. § 40-4-106 — TN Code / Title 40 / Chapter 4 / Section 40-4-106
Payment of fine and costs
Status: in_force

On conviction, the offender shall immediately pay the fine and costs, or give security to pay them, or be imprisoned until they are paid. The fine and costs, if paid before execution, shall be paid to the clerk; if paid after execution, to the officer having the execution. Code 1858, §§ 4997, 5002 (deriv. Acts 1847-1848, ch. 55, §§2, 7); Shan., §§ 6956, 6961; Code 1932, §§ 11497, 11501; T.C.A. (orig. ed.), § 40-410.
On conviction, the offender shall immediately pay the fine and costs, or give security to pay them, or be imprisoned until they are paid. The fine and costs, if paid before execution, shall be paid to the clerk; if paid after execution, to the officer having the execution.
Code 1858, §§ 4997, 5002 (deriv. Acts 1847-1848, ch. 55, §§2, 7); Shan., §§ 6956, 6961; Code 1932, §§ 11497, 11501; T.C.A. (orig. ed.), § 40-410.
Tenn. Code Ann. § 40-7-118 — TN Code / Title 40 / Chapter 7 / Section 40-7-118
Use of citations in lieu of continued custody of an arrested person
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Citation" means an order prepared as a written or electronic citation and issued by a peace officer on paper or on an electronic data device requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time. The signature of the person to whom the order is issued is required, and the order must be filed, electronically or otherwise, with a court having jurisdiction over the alleged offense; (2) "Magistrate" means any state judicial officer, including the judge of a municipal court, having original trial jurisdiction over misdemeanors or felonies; and (3) (A) "Peace officer" means an officer, employee or agent of government who has a duty imposed by law to: (i) Maintain public order; (ii) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and (iii) Investigate the commission or suspected commission of offenses; and (B) "Peace officer" also includes an officer, employee or agent of government who has the duty or responsibility to enforce laws and regulations pertaining to forests in this state. (b) (1) A peace officer who has arrested a person for the commission of a misdemeanor committed in the peace officer's presence, or who has taken custody of a person arrested by a private person for the commission of a misdemeanor, shall issue a citation to the arrested person to appear in court in lieu of the continued custody and the taking of the arrested person before a magistrate. If the peace officer is serving an arrest warrant or capias issued by a magistrate for the commission of a misdemeanor, it is in the discretion of the issuing magistrate whether the person is to be arrested and taken into custody or arrested and issued a citation in accordance with this section in lieu of continued custody. The warrant or capias shall specify the action to be taken by the serving peace officer who shall act accordingly. (2) (A) This subsection (b) does not apply to an arrest for the offense of driving under the influence of an intoxicant as prohibited by § 55-10-401 , unless the offender was admitted to a hospital, or detained for medical treatment for a period of at least three (3) hours, for injuries received in a driving under the influence incident. (B) This subsection (b) does not apply to any misdemeanor offense for which § 55-10-207 or § 55-12-139 authorizes a traffic citation in lieu of arrest, continued custody and the taking of the arrested person before a magistrate. (3) A peace officer may issue a citation to the arrested person to appear in court in lieu of the continued custody and the taking of the arrested person before a magistrate if a person is arrested for: (A) The offense of theft which formerly constituted shoplifting, in violation of § 39-14-103 ; (B) Issuance of bad checks, in violation of § 39-14-121 ; (C) Use of a revoked or suspended driver license in violation of § 55-50-504 , § 55-50-601 or § 55-50-602 ; (D) Assault or battery as those offenses are defined by common law, if the officer believes there is a reasonable likelihood that persons would be endangered by the arrested person if a citation were issued in lieu of continued physical custody of the defendant; or (E) Prostitution, in violation of § 39-13-513 , if the arresting party has knowledge of past conduct of the defendant in prostitution or has reasonable cause to believe that the defendant will attempt to engage in prostitution activities within a reasonable period of time if not arrested. (c) A peace officer may arrest and take a person into custody if: (1) A reasonable likelihood exists that the arrested person will fail to appear in court; or (2) The prosecution of the offense for which the person was arrested, or of another offense, would thereby be jeopardized. (d) No citation shall be issued under this section if: (1) The person arrested requires medical examination or medical care, or if the person is unable to care for the person's own safety; (2) There is a reasonable likelihood that the offense would continue or resume, or that persons or property would be endangered by the arrested person; (3) The person arrested cannot or will not offer satisfactory evidence of identification, including the providing of a field-administered fingerprint or thumbprint which a peace officer may require to be affixed to any citation; (4) [Deleted by 2019 amendment.] (5) [Deleted by 2019 amendment.] (6) The person demands to be taken immediately before a magistrate or refuses to sign the citation; (7) The person arrested is so intoxicated that the person could be a danger to the person's own self or to others; (8) There are one (1) or more outstanding arrest warrants for the person; or (9) The person is subject to arrest pursuant to § 55-10-119 . (e) (1) In issuing a citation, the officer shall: (A) Prepare a citation that includes the name and address of the cited person, the offense charged, and the time and place of appearance; (B) Have the offender sign the citation. The officer shall deliver one (1) copy to the offender and retain the other; and (C) Release the cited person from custody. (2) (A) An electronic signature may be used to sign a citation issued electronically and has the same force and effect as a written signature. (B) Whenever a citation is issued electronically, the officer shall provide the cited person with a paper copy of the citation. (C) Replicas of citation data sent by electronic transmission must be sent within three (3) days of the issuance of the citation to the court having jurisdiction over the alleged offense. (f) By accepting the citation, the defendant agrees to appear at the arresting law enforcement agency prior to trial to be booked and processed. Failure to so appear is a Class A misdemeanor. (g) If the person cited fails to appear in court on the date and time specified or fails to appear for booking and processing prior to the person's court date, the court shall issue a bench warrant for the person's arrest. (h) Whenever a citation has been prepared, delivered and filed with a court as provided in this section, a duplicate copy of the citation constitutes a complaint to which the defendant shall answer. The duplicate copy shall be sworn to by the issuing officer before any person authorized by law to administer oaths. (i) Nothing in this section shall be construed to affect a peace officer's authority to conduct a lawful search even though the citation is issued after arrest. (j) Any person who intentionally, knowingly or willfully fails to appear in court on the date and time specified on the citation or who knowingly gives a false or assumed name or address commits a Class A misdemeanor, regardless of the disposition of the charge for which the person was originally arrested. Proof that the defendant failed to appear when required constitutes prima facie evidence that the failure to appear is willful. (k) Whenever an officer makes a physical arrest for a misdemeanor and the officer determines that a citation cannot be issued because of one (1) of the seven (7) reasons enumerated in subsection (d), the officer shall note the reason for not issuing a citation on the arrest ticket. An officer who, on the basis of facts reasonably known or reasonably believed to exist, determines that a citation cannot be issued because of one (1) of the seven (7) reasons enumerated in subsection (d) shall not be subject to civil or criminal liability for false arrest, false imprisonment or unlawful detention. (l) (1) Each citation issued pursuant to this section shall have printed on it in large, conspicuous block letters the following: NOTICE: FAILURE TO APPEAR IN COURT ON THE DATE ASSIGNED BY THIS CITATION OR AT THE APPROPRIATE POLICE STATION FOR BOOKING AND PROCESSING WILL RESULT IN YOUR ARREST FOR A SEPARATE CRIMINAL OFFENSE WHICH IS PUNISHABLE BY A JAIL SENTENCE OF ELEVEN (11) MONTHS AND TWENTY-NINE (29) DAYS AND/OR A FINE OF UP TO TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500). (2) Each person receiving a citation under this section shall sign this citation indicating the knowledge of the notice listed in subdivision ( l )(1). The signature of each person creates a presumption of knowledge of the notice and a presumption of intent to violate this section if the person should not appear as required by the citation. (3) Whenever there are changes in the citation form notice required by this subsection ( l ), a law enforcement agency may exhaust its existing supply of citation forms before implementing the new citation forms. (m) This section shall govern all aspects of the issuance of citations in lieu of the continued custody of an arrested person, notwithstanding any provision of Rule 3.5 of the Tennessee Rules of Criminal Procedure to the contrary. (n) In cases in which: (1) The public will not be endangered by the continued freedom of the suspected misdemeanant; and (2) The law enforcement officer has reasonable proof of the identity of the suspected misdemeanant, (3) [Deleted by 2019 amendment.] the general assembly finds that the issuance of a citation in lieu of arrest of the suspected misdemeanant will result in cost savings and increased public safety by allowing the use of jail space for dangerous individuals and/or felons and by keeping officers on patrol. Accordingly, the general assembly encourages all law enforcement agencies to so utilize misdemeanor citations and to encourage their personnel to use those citations when reasonable and according to law. Amended by 2020 Tenn. Acts, ch. 781, Secs.s 1, s 2 eff. 7/15/2020. Amended by 2019 Tenn. Acts, ch. 316, Secs.s 1, s 2, s 3, s 4 eff. 5/9/2019. Acts 1981, ch. 500, §§ 1, 2; T.C.A., § 40-827; Acts 1983, ch. 200, § 1; 1984, ch. 553, §§ 1, 2; 1985, ch. 320, §§ 1-8, 10, 11; 1988, ch. 932, § 1; 1989, ch. 591, § 113; 1991, ch. 16, § 1; 1993, ch. 241, §§ 68-70; 1996, ch. 644, § 1; 2002, ch. 619, § 1; 2012 , ch. 737, § 3.
(a) As used in this section, unless the context otherwise requires: (1) "Citation" means an order prepared as a written or electronic citation and issued by a peace officer on paper or on an electronic data device requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time. The signature of the person to whom the order is issued is required, and the order must be filed, electronically or otherwise, with a court having jurisdiction over the alleged offense; (2) "Magistrate" means any state judicial officer, including the judge of a municipal court, having original trial jurisdiction over misdemeanors or felonies; and (3) (A) "Peace officer" means an officer, employee or agent of government who has a duty imposed by law to: (i) Maintain public order; (ii) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and (iii) Investigate the commission or suspected commission of offenses; and (B) "Peace officer" also includes an officer, employee or agent of government who has the duty or responsibility to enforce laws and regulations pertaining to forests in this state.
(1) "Citation" means an order prepared as a written or electronic citation and issued by a peace officer on paper or on an electronic data device requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time. The signature of the person to whom the order is issued is required, and the order must be filed, electronically or otherwise, with a court having jurisdiction over the alleged offense;
(2) "Magistrate" means any state judicial officer, including the judge of a municipal court, having original trial jurisdiction over misdemeanors or felonies; and
(3) (A) "Peace officer" means an officer, employee or agent of government who has a duty imposed by law to: (i) Maintain public order; (ii) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and (iii) Investigate the commission or suspected commission of offenses; and (B) "Peace officer" also includes an officer, employee or agent of government who has the duty or responsibility to enforce laws and regulations pertaining to forests in this state.
(A) "Peace officer" means an officer, employee or agent of government who has a duty imposed by law to: (i) Maintain public order; (ii) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and (iii) Investigate the commission or suspected commission of offenses; and
(i) Maintain public order;
(ii) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and
(iii) Investigate the commission or suspected commission of offenses; and
(B) "Peace officer" also includes an officer, employee or agent of government who has the duty or responsibility to enforce laws and regulations pertaining to forests in this state.
(b) (1) A peace officer who has arrested a person for the commission of a misdemeanor committed in the peace officer's presence, or who has taken custody of a person arrested by a private person for the commission of a misdemeanor, shall issue a citation to the arrested person to appear in court in lieu of the continued custody and the taking of the arrested person before a magistrate. If the peace officer is serving an arrest warrant or capias issued by a magistrate for the commission of a misdemeanor, it is in the discretion of the issuing magistrate whether the person is to be arrested and taken into custody or arrested and issued a citation in accordance with this section in lieu of continued custody. The warrant or capias shall specify the action to be taken by the serving peace officer who shall act accordingly. (2) (A) This subsection (b) does not apply to an arrest for the offense of driving under the influence of an intoxicant as prohibited by § 55-10-401 , unless the offender was admitted to a hospital, or detained for medical treatment for a period of at least three (3) hours, for injuries received in a driving under the influence incident. (B) This subsection (b) does not apply to any misdemeanor offense for which § 55-10-207 or § 55-12-139 authorizes a traffic citation in lieu of arrest, continued custody and the taking of the arrested person before a magistrate. (3) A peace officer may issue a citation to the arrested person to appear in court in lieu of the continued custody and the taking of the arrested person before a magistrate if a person is arrested for: (A) The offense of theft which formerly constituted shoplifting, in violation of § 39-14-103 ; (B) Issuance of bad checks, in violation of § 39-14-121 ; (C) Use of a revoked or suspended driver license in violation of § 55-50-504 , § 55-50-601 or § 55-50-602 ; (D) Assault or battery as those offenses are defined by common law, if the officer believes there is a reasonable likelihood that persons would be endangered by the arrested person if a citation were issued in lieu of continued physical custody of the defendant; or (E) Prostitution, in violation of § 39-13-513 , if the arresting party has knowledge of past conduct of the defendant in prostitution or has reasonable cause to believe that the defendant will attempt to engage in prostitution activities within a reasonable period of time if not arrested.
(1) A peace officer who has arrested a person for the commission of a misdemeanor committed in the peace officer's presence, or who has taken custody of a person arrested by a private person for the commission of a misdemeanor, shall issue a citation to the arrested person to appear in court in lieu of the continued custody and the taking of the arrested person before a magistrate. If the peace officer is serving an arrest warrant or capias issued by a magistrate for the commission of a misdemeanor, it is in the discretion of the issuing magistrate whether the person is to be arrested and taken into custody or arrested and issued a citation in accordance with this section in lieu of continued custody. The warrant or capias shall specify the action to be taken by the serving peace officer who shall act accordingly.
(2) (A) This subsection (b) does not apply to an arrest for the offense of driving under the influence of an intoxicant as prohibited by § 55-10-401 , unless the offender was admitted to a hospital, or detained for medical treatment for a period of at least three (3) hours, for injuries received in a driving under the influence incident. (B) This subsection (b) does not apply to any misdemeanor offense for which § 55-10-207 or § 55-12-139 authorizes a traffic citation in lieu of arrest, continued custody and the taking of the arrested person before a magistrate.
(A) This subsection (b) does not apply to an arrest for the offense of driving under the influence of an intoxicant as prohibited by § 55-10-401 , unless the offender was admitted to a hospital, or detained for medical treatment for a period of at least three (3) hours, for injuries received in a driving under the influence incident.
(B) This subsection (b) does not apply to any misdemeanor offense for which § 55-10-207 or § 55-12-139 authorizes a traffic citation in lieu of arrest, continued custody and the taking of the arrested person before a magistrate.
(3) A peace officer may issue a citation to the arrested person to appear in court in lieu of the continued custody and the taking of the arrested person before a magistrate if a person is arrested for: (A) The offense of theft which formerly constituted shoplifting, in violation of § 39-14-103 ; (B) Issuance of bad checks, in violation of § 39-14-121 ; (C) Use of a revoked or suspended driver license in violation of § 55-50-504 , § 55-50-601 or § 55-50-602 ; (D) Assault or battery as those offenses are defined by common law, if the officer believes there is a reasonable likelihood that persons would be endangered by the arrested person if a citation were issued in lieu of continued physical custody of the defendant; or (E) Prostitution, in violation of § 39-13-513 , if the arresting party has knowledge of past conduct of the defendant in prostitution or has reasonable cause to believe that the defendant will attempt to engage in prostitution activities within a reasonable period of time if not arrested.
(A) The offense of theft which formerly constituted shoplifting, in violation of § 39-14-103 ;
(B) Issuance of bad checks, in violation of § 39-14-121 ;
(C) Use of a revoked or suspended driver license in violation of § 55-50-504 , § 55-50-601 or § 55-50-602 ;
(D) Assault or battery as those offenses are defined by common law, if the officer believes there is a reasonable likelihood that persons would be endangered by the arrested person if a citation were issued in lieu of continued physical custody of the defendant; or
(E) Prostitution, in violation of § 39-13-513 , if the arresting party has knowledge of past conduct of the defendant in prostitution or has reasonable cause to believe that the defendant will attempt to engage in prostitution activities within a reasonable period of time if not arrested.
(c) A peace officer may arrest and take a person into custody if: (1) A reasonable likelihood exists that the arrested person will fail to appear in court; or (2) The prosecution of the offense for which the person was arrested, or of another offense, would thereby be jeopardized.
(1) A reasonable likelihood exists that the arrested person will fail to appear in court; or
(2) The prosecution of the offense for which the person was arrested, or of another offense, would thereby be jeopardized.
(d) No citation shall be issued under this section if: (1) The person arrested requires medical examination or medical care, or if the person is unable to care for the person's own safety; (2) There is a reasonable likelihood that the offense would continue or resume, or that persons or property would be endangered by the arrested person; (3) The person arrested cannot or will not offer satisfactory evidence of identification, including the providing of a field-administered fingerprint or thumbprint which a peace officer may require to be affixed to any citation; (4) [Deleted by 2019 amendment.] (5) [Deleted by 2019 amendment.] (6) The person demands to be taken immediately before a magistrate or refuses to sign the citation; (7) The person arrested is so intoxicated that the person could be a danger to the person's own self or to others; (8) There are one (1) or more outstanding arrest warrants for the person; or (9) The person is subject to arrest pursuant to § 55-10-119 .
(1) The person arrested requires medical examination or medical care, or if the person is unable to care for the person's own safety;
(2) There is a reasonable likelihood that the offense would continue or resume, or that persons or property would be endangered by the arrested person;
(3) The person arrested cannot or will not offer satisfactory evidence of identification, including the providing of a field-administered fingerprint or thumbprint which a peace officer may require to be affixed to any citation;
(4) [Deleted by 2019 amendment.]
(5) [Deleted by 2019 amendment.]
(6) The person demands to be taken immediately before a magistrate or refuses to sign the citation;
(7) The person arrested is so intoxicated that the person could be a danger to the person's own self or to others;
(8) There are one (1) or more outstanding arrest warrants for the person; or
(9) The person is subject to arrest pursuant to § 55-10-119 .
(e) (1) In issuing a citation, the officer shall: (A) Prepare a citation that includes the name and address of the cited person, the offense charged, and the time and place of appearance; (B) Have the offender sign the citation. The officer shall deliver one (1) copy to the offender and retain the other; and (C) Release the cited person from custody. (2) (A) An electronic signature may be used to sign a citation issued electronically and has the same force and effect as a written signature. (B) Whenever a citation is issued electronically, the officer shall provide the cited person with a paper copy of the citation. (C) Replicas of citation data sent by electronic transmission must be sent within three (3) days of the issuance of the citation to the court having jurisdiction over the alleged offense.
(1) In issuing a citation, the officer shall: (A) Prepare a citation that includes the name and address of the cited person, the offense charged, and the time and place of appearance; (B) Have the offender sign the citation. The officer shall deliver one (1) copy to the offender and retain the other; and (C) Release the cited person from custody.
(A) Prepare a citation that includes the name and address of the cited person, the offense charged, and the time and place of appearance;
(B) Have the offender sign the citation. The officer shall deliver one (1) copy to the offender and retain the other; and
(C) Release the cited person from custody.
(2) (A) An electronic signature may be used to sign a citation issued electronically and has the same force and effect as a written signature. (B) Whenever a citation is issued electronically, the officer shall provide the cited person with a paper copy of the citation. (C) Replicas of citation data sent by electronic transmission must be sent within three (3) days of the issuance of the citation to the court having jurisdiction over the alleged offense.
(A) An electronic signature may be used to sign a citation issued electronically and has the same force and effect as a written signature.
(B) Whenever a citation is issued electronically, the officer shall provide the cited person with a paper copy of the citation.
(C) Replicas of citation data sent by electronic transmission must be sent within three (3) days of the issuance of the citation to the court having jurisdiction over the alleged offense.
(f) By accepting the citation, the defendant agrees to appear at the arresting law enforcement agency prior to trial to be booked and processed. Failure to so appear is a Class A misdemeanor.
(g) If the person cited fails to appear in court on the date and time specified or fails to appear for booking and processing prior to the person's court date, the court shall issue a bench warrant for the person's arrest.
(h) Whenever a citation has been prepared, delivered and filed with a court as provided in this section, a duplicate copy of the citation constitutes a complaint to which the defendant shall answer. The duplicate copy shall be sworn to by the issuing officer before any person authorized by law to administer oaths.
(i) Nothing in this section shall be construed to affect a peace officer's authority to conduct a lawful search even though the citation is issued after arrest.
(j) Any person who intentionally, knowingly or willfully fails to appear in court on the date and time specified on the citation or who knowingly gives a false or assumed name or address commits a Class A misdemeanor, regardless of the disposition of the charge for which the person was originally arrested. Proof that the defendant failed to appear when required constitutes prima facie evidence that the failure to appear is willful.
(k) Whenever an officer makes a physical arrest for a misdemeanor and the officer determines that a citation cannot be issued because of one (1) of the seven (7) reasons enumerated in subsection (d), the officer shall note the reason for not issuing a citation on the arrest ticket. An officer who, on the basis of facts reasonably known or reasonably believed to exist, determines that a citation cannot be issued because of one (1) of the seven (7) reasons enumerated in subsection (d) shall not be subject to civil or criminal liability for false arrest, false imprisonment or unlawful detention.
(l) (1) Each citation issued pursuant to this section shall have printed on it in large, conspicuous block letters the following: NOTICE: FAILURE TO APPEAR IN COURT ON THE DATE ASSIGNED BY THIS CITATION OR AT THE APPROPRIATE POLICE STATION FOR BOOKING AND PROCESSING WILL RESULT IN YOUR ARREST FOR A SEPARATE CRIMINAL OFFENSE WHICH IS PUNISHABLE BY A JAIL SENTENCE OF ELEVEN (11) MONTHS AND TWENTY-NINE (29) DAYS AND/OR A FINE OF UP TO TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500). (2) Each person receiving a citation under this section shall sign this citation indicating the knowledge of the notice listed in subdivision ( l )(1). The signature of each person creates a presumption of knowledge of the notice and a presumption of intent to violate this section if the person should not appear as required by the citation. (3) Whenever there are changes in the citation form notice required by this subsection ( l ), a law enforcement agency may exhaust its existing supply of citation forms before implementing the new citation forms.
(1) Each citation issued pursuant to this section shall have printed on it in large, conspicuous block letters the following: NOTICE: FAILURE TO APPEAR IN COURT ON THE DATE ASSIGNED BY THIS CITATION OR AT THE APPROPRIATE POLICE STATION FOR BOOKING AND PROCESSING WILL RESULT IN YOUR ARREST FOR A SEPARATE CRIMINAL OFFENSE WHICH IS PUNISHABLE BY A JAIL SENTENCE OF ELEVEN (11) MONTHS AND TWENTY-NINE (29) DAYS AND/OR A FINE OF UP TO TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500).
NOTICE: FAILURE TO APPEAR IN COURT ON THE DATE ASSIGNED BY THIS CITATION OR AT THE APPROPRIATE POLICE STATION FOR BOOKING AND PROCESSING WILL RESULT IN YOUR ARREST FOR A SEPARATE CRIMINAL OFFENSE WHICH IS PUNISHABLE BY A JAIL SENTENCE OF ELEVEN (11) MONTHS AND TWENTY-NINE (29) DAYS AND/OR A FINE OF UP TO TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500).
(2) Each person receiving a citation under this section shall sign this citation indicating the knowledge of the notice listed in subdivision ( l )(1). The signature of each person creates a presumption of knowledge of the notice and a presumption of intent to violate this section if the person should not appear as required by the citation.
(3) Whenever there are changes in the citation form notice required by this subsection ( l ), a law enforcement agency may exhaust its existing supply of citation forms before implementing the new citation forms.
(m) This section shall govern all aspects of the issuance of citations in lieu of the continued custody of an arrested person, notwithstanding any provision of Rule 3.5 of the Tennessee Rules of Criminal Procedure to the contrary.
(n) In cases in which: (1) The public will not be endangered by the continued freedom of the suspected misdemeanant; and (2) The law enforcement officer has reasonable proof of the identity of the suspected misdemeanant, (3) [Deleted by 2019 amendment.] the general assembly finds that the issuance of a citation in lieu of arrest of the suspected misdemeanant will result in cost savings and increased public safety by allowing the use of jail space for dangerous individuals and/or felons and by keeping officers on patrol. Accordingly, the general assembly encourages all law enforcement agencies to so utilize misdemeanor citations and to encourage their personnel to use those citations when reasonable and according to law.
(1) The public will not be endangered by the continued freedom of the suspected misdemeanant; and
(2) The law enforcement officer has reasonable proof of the identity of the suspected misdemeanant,
(3) [Deleted by 2019 amendment.] the general assembly finds that the issuance of a citation in lieu of arrest of the suspected misdemeanant will result in cost savings and increased public safety by allowing the use of jail space for dangerous individuals and/or felons and by keeping officers on patrol. Accordingly, the general assembly encourages all law enforcement agencies to so utilize misdemeanor citations and to encourage their personnel to use those citations when reasonable and according to law.
the general assembly finds that the issuance of a citation in lieu of arrest of the suspected misdemeanant will result in cost savings and increased public safety by allowing the use of jail space for dangerous individuals and/or felons and by keeping officers on patrol. Accordingly, the general assembly encourages all law enforcement agencies to so utilize misdemeanor citations and to encourage their personnel to use those citations when reasonable and according to law.
Amended by 2020 Tenn. Acts, ch. 781, Secs.s 1, s 2 eff. 7/15/2020.
Amended by 2019 Tenn. Acts, ch. 316, Secs.s 1, s 2, s 3, s 4 eff. 5/9/2019.
Acts 1981, ch. 500, §§ 1, 2; T.C.A., § 40-827; Acts 1983, ch. 200, § 1; 1984, ch. 553, §§ 1, 2; 1985, ch. 320, §§ 1-8, 10, 11; 1988, ch. 932, § 1; 1989, ch. 591, § 113; 1991, ch. 16, § 1; 1993, ch. 241, §§ 68-70; 1996, ch. 644, § 1; 2002, ch. 619, § 1; 2012 , ch. 737, § 3.
Tenn. Code Ann. § 40-2-101 — TN Code / Title 40 / Chapter 2 / Section 40-2-101
Felonies
Status: in_force

(a) A person may be prosecuted, tried and punished for an offense punishable with death or by imprisonment in the penitentiary during life, at any time after the offense is committed. (b) Prosecution for a felony offense shall begin within: (1) Fifteen (15) years for a Class A felony; (2) Eight (8) years for a Class B felony; (3) Four (4) years for a Class C or Class D felony; and (4) Two (2) years for a Class E felony. (c) Notwithstanding subsections (a) and (b), offenses arising under the revenue laws of the state shall be commenced within the three (3) years following the commission of the offense, except that the period of limitation of prosecution shall be six (6) years in the following instances: (1) Offenses involving the defrauding or attempting to defraud the state of Tennessee or any agency of the state, whether by conspiracy or not, and in any manner; (2) The offense of willfully attempting in any manner to evade or defeat any tax or the payment of a tax; (3) The offense of willfully aiding or abetting, or procuring, counseling or advising, the preparation or presentation under, or in connection with, any matter arising under the revenue laws of the state, or a false or fraudulent return, affidavit, claim or document, whether or not the falsity or fraud is with the knowledge or consent of the person authorized or required to present the return, affidavit, claim or document; and (4) The offense of willfully failing to pay any tax, or make any return at the time or times required by law or regulation. (d) Notwithstanding the provisions of subdivision (b)(3) to the contrary, prosecution for the offense of arson as prohibited by § 39-14-301 shall commence within eight (8) years from the date the offense occurs. (e) Prosecutions for any offense committed against a child prior to July 1, 1997, that constitutes a criminal offense under [former] § 39-2-601 [repealed], [former] § 39-2-603 [repealed], [former] § 39-2-604 [repealed], [former] § 39-2-606 [repealed], [former] § 39-2-607 [repealed], [former] § 39-2-608 [repealed], [former] § 39-2-612 [repealed], [former] § 39-4-306 [repealed], [former] § 39-4-307 [repealed], [former] § 39-6-1137 [repealed], or [former] § 39-6-1138 [repealed], or under §§ 39-13-502 - 39-13-505, § 39-15-302 or § 39-17-902 shall commence no later than the date the child attains the age of majority or within four (4) years after the commission of the offense, whichever occurs later; provided, that pursuant to subsection (a), an offense punishable by life imprisonment may be prosecuted at any time after the offense has been committed. (f) For offenses committed prior to November 1, 1989, the limitation of prosecution in effect at that time shall govern. (g) (1) Prosecutions for any offense committed against a child on or after July 1, 1997, that constitutes a criminal offense under § 39-17-902 shall commence no later than the date the child reaches twenty-one (21) years of age; provided, that if subsection (a) or (b) provides a longer period of time within which prosecution may be brought than this subsection (g), the applicable provision of subsection (a) or (b) shall prevail. (2) Prosecutions for any offense committed against a child on or after July 1, 1997, but prior to June 20, 2006, that constitutes a criminal offense under §§ 39-13-502 - 39-13-505, § 39-13-522 or § 39-15-302 shall commence no later than the date the child reaches twenty-one (21) years of age; provided, that if subsection (a) or (b) provides a longer period of time within which prosecution may be brought than this subsection (g), the applicable provision of subsection (a) or (b) shall prevail. (h) (1) A person may be prosecuted, tried and punished for any offense committed against a child on or after June 20, 2006, that constitutes a criminal offense under § 39-13-504 , § 39-13-505 , § 39-13-527 or § 39-15-302 , no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age. (2) A person may be prosecuted, tried and punished for any offense committed against a child on or after June 20, 2006, that constitutes a criminal offense under § 39-13-502 , § 39-13-503 or § 39-13-522 no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age. (i) (1) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2007, that constitutes a criminal offense under § 39-13-532 , no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age. (2) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2007, that constitutes a criminal offense under § 39-13-531 , no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age. (j) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2012, that constitutes a criminal offense under § 39-17-902 , § 39-17-1003 , § 39-17-1004 , or § 39-17-1005 , no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age. (k) (1) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2013, that constitutes a criminal offense under § 39-13-309 or § 39-13-529 , no later than fifteen (15) years from the date the child becomes eighteen (18) years of age. (2) A person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2013, that constitutes a criminal offense under § 39-13-514 no later than ten (10) years from the date the child becomes eighteen (18) years of age. (3) (A) A person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2013, but prior to July 1, 2015, that constitutes a criminal offense under § 39-13-515 no later than ten (10) years from the date the child becomes eighteen (18) years of age. (B) A person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2015, that constitutes a criminal offense under § 39-13-515 no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age. (l) (1) Notwithstanding subsections (b), (g), (h), and (i) to the contrary, a person may be prosecuted, tried, and punished at any time after the commission of an offense if: (A) The offense was one (1) of the following: (i) Aggravated rape, as prohibited by § 39-13-502 ; or (ii) Rape, as prohibited by § 39-13-503 ; (B) The victim was an adult at the time of the offense; (C) The victim notifies law enforcement or the office of the district attorney general of the offense within three (3) years of the offense; and (D) The offense is committed: (i) On or after July 1, 2014; or (ii) Prior to July 1, 2014, unless prosecution for the offense is barred because the applicable time limitation set out in this section for prosecution of the offense expired prior to July 1, 2014. (2) If subdivision ( l )(1) does not apply to the specified offenses, prosecution shall be commenced within the times otherwise provided by this section. (m) A person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2016, that constitutes the offense of aggravated statutory rape under § 39-13-506(c) , no later than fifteen (15) years from the date the child becomes eighteen (18) years of age. (n) Notwithstanding subsection (b), prosecutions for any offense committed on or after July 1, 2016, that constitutes the offense of aggravated child abuse, or aggravated child neglect or endangerment, under § 39-15-402 , shall commence by the later of: (1) Ten (10) years after the child reaches eighteen (18) years of age; or (2) The time within which prosecution must be commenced pursuant to subsection (b). (o) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2019, that constitutes the offense of female genital mutilation, under § 39-13-110 , no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age. (p) Notwithstanding subsection (b), a person may be prosecuted, tried, and punished for second degree murder, as prohibited by § 39-13-210 , that is committed on or after July 1, 2019, at any time after the offense is committed. (q) (1) Notwithstanding subsections (b), (g), (h), (i), (j), (k), or (m), prosecution for the following offenses, when committed against a minor under eighteen (18) years of age shall commence as provided by this subsection (q): (A) Trafficking for a commercial sex act, as prohibited by § 39-13-309 ; (B) Aggravated rape, as prohibited by § 39-13-502 ; (C) Rape, as prohibited by § 39-13-503 ; (D) Aggravated sexual battery, as prohibited by § 39-13-504 ; (E) Sexual battery, as prohibited by § 39-13-505 ; (F) Mitigated statutory rape, as prohibited by § 39-13-506 ; (G) Statutory rape, as prohibited by § 39-13-506 ; (H) Aggravated statutory rape, as prohibited by § 39-13-506(c) ; (I) Indecent exposure, as prohibited by § 39-13-511 , when the offense is classified as a felony offense; (J) Patronizing prostitution, as prohibited by § 39-13-514 ; (K) Promotion of prostitution, as prohibited by § 39-13-515 ; (L) Continuous sexual abuse of a child, as prohibited by § 39-13-518 ; (M) Rape of a child, as prohibited by § 39-13-522 ; (N) Sexual battery by an authority figure, as prohibited by § 39-13-527 ; (O) Solicitation of a minor, as prohibited by § 39-13-528 , when the offense is classified as a felony offense; (P) Soliciting sexual exploitation of a minor - exploitation of a minor by electronic means, as prohibited by § 39-13-529 ; (Q) Aggravated rape of a child, as prohibited by § 39-13-531 ; (R) Statutory rape by an authority figure, as prohibited by § 39-13-532 ; (S) Unlawful photographing, as prohibited by § 39-13-605 , when the offense is classified as a felony offense; (T) Observation without consent, as prohibited by § 39-13-607 , when the offense is classified as a felony offense; (U) Incest, as prohibited by § 39-15-302 ; (V) Sexual exploitation of a minor, as prohibited by § 39-17-1003 ; (W) Aggravated sexual exploitation of a minor, as prohibited by § 39-17-1004 ; or (X) Especially aggravated sexual exploitation of a minor, as prohibited by § 39-17-1005 . (2) A person may be prosecuted, tried, and punished for an offense listed in subdivision (q)(1) at any time after the commission of an offense if: (A) The victim was under thirteen (13) years of age at the time of the offense; or (B) (i) The victim was at least thirteen (13) years of age but no more than seventeen (17) years of age at the time of the offense; and (ii) The victim reported the offense to another person prior to the victim attaining twenty-three (23) years of age. (3) (A) Except as provided in subdivision (q)(3)(B), a person may be prosecuted, tried, and punished for an offense listed in subdivision (q)(1) at any time after the commission of an offense if: (i) The victim was at least thirteen (13) years of age but no more than seventeen (17) years of age at the time of the offense; and (ii) The victim did not meet the reporting requirements of subdivision (q)(2)(B)(ii). (B) In order to commence prosecution for an offense listed in subdivision (q)(1) under the circumstances described in subdivision (q)(3)(A), at a date that is more than twenty-five (25) years from the date the victim becomes eighteen (18) years of age, the prosecution is required to offer admissible and credible evidence corroborating the allegations or similar acts by the defendant. (4) This subsection (q) applies to offenses: (A) Committed on or after July 1, 2019; or (B) Committed prior to July 1, 2019, unless prosecution for the offense is barred because the applicable time limitation set out in this section for prosecution of the offense expired prior to July 1, 2019. (r) Notwithstanding subsections (k) and (q), a person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2021, that constitutes the offense of trafficking for commercial sex act under § 39-13-309 , at any time after the offense is committed. (s) Notwithstanding subsection (b) and § 40-2-102 , prosecution for an offense committed on or after July 1, 2023, that constitutes the offense of destruction and tampering with governmental records, pursuant to § 39-16-504 , or official misconduct, pursuant to § 39-16-402 , shall commence within six (6) years from the date the offense occurs. Amended by 2023 Tenn. Acts, ch. 22, s 1, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 363, s 1, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 499, s 5, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 410, s 1, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 499, Secs.s 6, s 7, s 8eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 268, s 4, eff. 7/1/2019. Amended by 2016 Tenn. Acts, ch. 1032, s 1, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 958, s 1, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 310, s 1, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 836, Secs.s 1, s 2eff. 4/29/2014. Amended by 2013 Tenn. Acts, ch. 416, s 1, eff. 7/1/2013. Code 1932, §§ 11481-11483; Acts 1977, ch. 62, § 1; T.C.A. (orig. ed.), §§ 40-201 -- 40-203; Acts 1985, ch. 478, § 21; 1990, ch. 980, §17; 1997 , ch. 214, §§1, 2; 1998, ch. 962, § 1; 2006, ch. 927, §1; 2007 , ch. 594, §5; 2012 , ch. 1027, § 1.
(a) A person may be prosecuted, tried and punished for an offense punishable with death or by imprisonment in the penitentiary during life, at any time after the offense is committed.
(b) Prosecution for a felony offense shall begin within: (1) Fifteen (15) years for a Class A felony; (2) Eight (8) years for a Class B felony; (3) Four (4) years for a Class C or Class D felony; and (4) Two (2) years for a Class E felony.
(1) Fifteen (15) years for a Class A felony;
(2) Eight (8) years for a Class B felony;
(3) Four (4) years for a Class C or Class D felony; and
(4) Two (2) years for a Class E felony.
(c) Notwithstanding subsections (a) and (b), offenses arising under the revenue laws of the state shall be commenced within the three (3) years following the commission of the offense, except that the period of limitation of prosecution shall be six (6) years in the following instances: (1) Offenses involving the defrauding or attempting to defraud the state of Tennessee or any agency of the state, whether by conspiracy or not, and in any manner; (2) The offense of willfully attempting in any manner to evade or defeat any tax or the payment of a tax; (3) The offense of willfully aiding or abetting, or procuring, counseling or advising, the preparation or presentation under, or in connection with, any matter arising under the revenue laws of the state, or a false or fraudulent return, affidavit, claim or document, whether or not the falsity or fraud is with the knowledge or consent of the person authorized or required to present the return, affidavit, claim or document; and (4) The offense of willfully failing to pay any tax, or make any return at the time or times required by law or regulation.
(1) Offenses involving the defrauding or attempting to defraud the state of Tennessee or any agency of the state, whether by conspiracy or not, and in any manner;
(2) The offense of willfully attempting in any manner to evade or defeat any tax or the payment of a tax;
(3) The offense of willfully aiding or abetting, or procuring, counseling or advising, the preparation or presentation under, or in connection with, any matter arising under the revenue laws of the state, or a false or fraudulent return, affidavit, claim or document, whether or not the falsity or fraud is with the knowledge or consent of the person authorized or required to present the return, affidavit, claim or document; and
(4) The offense of willfully failing to pay any tax, or make any return at the time or times required by law or regulation.
(d) Notwithstanding the provisions of subdivision (b)(3) to the contrary, prosecution for the offense of arson as prohibited by § 39-14-301 shall commence within eight (8) years from the date the offense occurs.
(e) Prosecutions for any offense committed against a child prior to July 1, 1997, that constitutes a criminal offense under [former] § 39-2-601 [repealed], [former] § 39-2-603 [repealed], [former] § 39-2-604 [repealed], [former] § 39-2-606 [repealed], [former] § 39-2-607 [repealed], [former] § 39-2-608 [repealed], [former] § 39-2-612 [repealed], [former] § 39-4-306 [repealed], [former] § 39-4-307 [repealed], [former] § 39-6-1137 [repealed], or [former] § 39-6-1138 [repealed], or under §§ 39-13-502 - 39-13-505, § 39-15-302 or § 39-17-902 shall commence no later than the date the child attains the age of majority or within four (4) years after the commission of the offense, whichever occurs later; provided, that pursuant to subsection (a), an offense punishable by life imprisonment may be prosecuted at any time after the offense has been committed.
(f) For offenses committed prior to November 1, 1989, the limitation of prosecution in effect at that time shall govern.
(g) (1) Prosecutions for any offense committed against a child on or after July 1, 1997, that constitutes a criminal offense under § 39-17-902 shall commence no later than the date the child reaches twenty-one (21) years of age; provided, that if subsection (a) or (b) provides a longer period of time within which prosecution may be brought than this subsection (g), the applicable provision of subsection (a) or (b) shall prevail. (2) Prosecutions for any offense committed against a child on or after July 1, 1997, but prior to June 20, 2006, that constitutes a criminal offense under §§ 39-13-502 - 39-13-505, § 39-13-522 or § 39-15-302 shall commence no later than the date the child reaches twenty-one (21) years of age; provided, that if subsection (a) or (b) provides a longer period of time within which prosecution may be brought than this subsection (g), the applicable provision of subsection (a) or (b) shall prevail.
(1) Prosecutions for any offense committed against a child on or after July 1, 1997, that constitutes a criminal offense under § 39-17-902 shall commence no later than the date the child reaches twenty-one (21) years of age; provided, that if subsection (a) or (b) provides a longer period of time within which prosecution may be brought than this subsection (g), the applicable provision of subsection (a) or (b) shall prevail.
(2) Prosecutions for any offense committed against a child on or after July 1, 1997, but prior to June 20, 2006, that constitutes a criminal offense under §§ 39-13-502 - 39-13-505, § 39-13-522 or § 39-15-302 shall commence no later than the date the child reaches twenty-one (21) years of age; provided, that if subsection (a) or (b) provides a longer period of time within which prosecution may be brought than this subsection (g), the applicable provision of subsection (a) or (b) shall prevail.
(h) (1) A person may be prosecuted, tried and punished for any offense committed against a child on or after June 20, 2006, that constitutes a criminal offense under § 39-13-504 , § 39-13-505 , § 39-13-527 or § 39-15-302 , no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age. (2) A person may be prosecuted, tried and punished for any offense committed against a child on or after June 20, 2006, that constitutes a criminal offense under § 39-13-502 , § 39-13-503 or § 39-13-522 no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age.
(1) A person may be prosecuted, tried and punished for any offense committed against a child on or after June 20, 2006, that constitutes a criminal offense under § 39-13-504 , § 39-13-505 , § 39-13-527 or § 39-15-302 , no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age.
(2) A person may be prosecuted, tried and punished for any offense committed against a child on or after June 20, 2006, that constitutes a criminal offense under § 39-13-502 , § 39-13-503 or § 39-13-522 no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age.
(i) (1) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2007, that constitutes a criminal offense under § 39-13-532 , no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age. (2) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2007, that constitutes a criminal offense under § 39-13-531 , no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age.
(1) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2007, that constitutes a criminal offense under § 39-13-532 , no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age.
(2) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2007, that constitutes a criminal offense under § 39-13-531 , no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age.
(j) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2012, that constitutes a criminal offense under § 39-17-902 , § 39-17-1003 , § 39-17-1004 , or § 39-17-1005 , no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age.
(k) (1) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2013, that constitutes a criminal offense under § 39-13-309 or § 39-13-529 , no later than fifteen (15) years from the date the child becomes eighteen (18) years of age. (2) A person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2013, that constitutes a criminal offense under § 39-13-514 no later than ten (10) years from the date the child becomes eighteen (18) years of age. (3) (A) A person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2013, but prior to July 1, 2015, that constitutes a criminal offense under § 39-13-515 no later than ten (10) years from the date the child becomes eighteen (18) years of age. (B) A person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2015, that constitutes a criminal offense under § 39-13-515 no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age.
(1) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2013, that constitutes a criminal offense under § 39-13-309 or § 39-13-529 , no later than fifteen (15) years from the date the child becomes eighteen (18) years of age.
(2) A person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2013, that constitutes a criminal offense under § 39-13-514 no later than ten (10) years from the date the child becomes eighteen (18) years of age.
(3) (A) A person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2013, but prior to July 1, 2015, that constitutes a criminal offense under § 39-13-515 no later than ten (10) years from the date the child becomes eighteen (18) years of age. (B) A person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2015, that constitutes a criminal offense under § 39-13-515 no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age.
(A) A person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2013, but prior to July 1, 2015, that constitutes a criminal offense under § 39-13-515 no later than ten (10) years from the date the child becomes eighteen (18) years of age.
(B) A person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2015, that constitutes a criminal offense under § 39-13-515 no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age.
(l) (1) Notwithstanding subsections (b), (g), (h), and (i) to the contrary, a person may be prosecuted, tried, and punished at any time after the commission of an offense if: (A) The offense was one (1) of the following: (i) Aggravated rape, as prohibited by § 39-13-502 ; or (ii) Rape, as prohibited by § 39-13-503 ; (B) The victim was an adult at the time of the offense; (C) The victim notifies law enforcement or the office of the district attorney general of the offense within three (3) years of the offense; and (D) The offense is committed: (i) On or after July 1, 2014; or (ii) Prior to July 1, 2014, unless prosecution for the offense is barred because the applicable time limitation set out in this section for prosecution of the offense expired prior to July 1, 2014. (2) If subdivision ( l )(1) does not apply to the specified offenses, prosecution shall be commenced within the times otherwise provided by this section.
(1) Notwithstanding subsections (b), (g), (h), and (i) to the contrary, a person may be prosecuted, tried, and punished at any time after the commission of an offense if: (A) The offense was one (1) of the following: (i) Aggravated rape, as prohibited by § 39-13-502 ; or (ii) Rape, as prohibited by § 39-13-503 ; (B) The victim was an adult at the time of the offense; (C) The victim notifies law enforcement or the office of the district attorney general of the offense within three (3) years of the offense; and (D) The offense is committed: (i) On or after July 1, 2014; or (ii) Prior to July 1, 2014, unless prosecution for the offense is barred because the applicable time limitation set out in this section for prosecution of the offense expired prior to July 1, 2014.
(A) The offense was one (1) of the following: (i) Aggravated rape, as prohibited by § 39-13-502 ; or (ii) Rape, as prohibited by § 39-13-503 ;
(i) Aggravated rape, as prohibited by § 39-13-502 ; or
(ii) Rape, as prohibited by § 39-13-503 ;
(B) The victim was an adult at the time of the offense;
(C) The victim notifies law enforcement or the office of the district attorney general of the offense within three (3) years of the offense; and
(D) The offense is committed: (i) On or after July 1, 2014; or (ii) Prior to July 1, 2014, unless prosecution for the offense is barred because the applicable time limitation set out in this section for prosecution of the offense expired prior to July 1, 2014.
(i) On or after July 1, 2014; or
(ii) Prior to July 1, 2014, unless prosecution for the offense is barred because the applicable time limitation set out in this section for prosecution of the offense expired prior to July 1, 2014.
(2) If subdivision ( l )(1) does not apply to the specified offenses, prosecution shall be commenced within the times otherwise provided by this section.
(m) A person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2016, that constitutes the offense of aggravated statutory rape under § 39-13-506(c) , no later than fifteen (15) years from the date the child becomes eighteen (18) years of age.
(n) Notwithstanding subsection (b), prosecutions for any offense committed on or after July 1, 2016, that constitutes the offense of aggravated child abuse, or aggravated child neglect or endangerment, under § 39-15-402 , shall commence by the later of: (1) Ten (10) years after the child reaches eighteen (18) years of age; or (2) The time within which prosecution must be commenced pursuant to subsection (b).
(1) Ten (10) years after the child reaches eighteen (18) years of age; or
(2) The time within which prosecution must be commenced pursuant to subsection (b).
(o) A person may be prosecuted, tried and punished for any offense committed against a child on or after July 1, 2019, that constitutes the offense of female genital mutilation, under § 39-13-110 , no later than twenty-five (25) years from the date the child becomes eighteen (18) years of age.
(p) Notwithstanding subsection (b), a person may be prosecuted, tried, and punished for second degree murder, as prohibited by § 39-13-210 , that is committed on or after July 1, 2019, at any time after the offense is committed.
(q) (1) Notwithstanding subsections (b), (g), (h), (i), (j), (k), or (m), prosecution for the following offenses, when committed against a minor under eighteen (18) years of age shall commence as provided by this subsection (q): (A) Trafficking for a commercial sex act, as prohibited by § 39-13-309 ; (B) Aggravated rape, as prohibited by § 39-13-502 ; (C) Rape, as prohibited by § 39-13-503 ; (D) Aggravated sexual battery, as prohibited by § 39-13-504 ; (E) Sexual battery, as prohibited by § 39-13-505 ; (F) Mitigated statutory rape, as prohibited by § 39-13-506 ; (G) Statutory rape, as prohibited by § 39-13-506 ; (H) Aggravated statutory rape, as prohibited by § 39-13-506(c) ; (I) Indecent exposure, as prohibited by § 39-13-511 , when the offense is classified as a felony offense; (J) Patronizing prostitution, as prohibited by § 39-13-514 ; (K) Promotion of prostitution, as prohibited by § 39-13-515 ; (L) Continuous sexual abuse of a child, as prohibited by § 39-13-518 ; (M) Rape of a child, as prohibited by § 39-13-522 ; (N) Sexual battery by an authority figure, as prohibited by § 39-13-527 ; (O) Solicitation of a minor, as prohibited by § 39-13-528 , when the offense is classified as a felony offense; (P) Soliciting sexual exploitation of a minor - exploitation of a minor by electronic means, as prohibited by § 39-13-529 ; (Q) Aggravated rape of a child, as prohibited by § 39-13-531 ; (R) Statutory rape by an authority figure, as prohibited by § 39-13-532 ; (S) Unlawful photographing, as prohibited by § 39-13-605 , when the offense is classified as a felony offense; (T) Observation without consent, as prohibited by § 39-13-607 , when the offense is classified as a felony offense; (U) Incest, as prohibited by § 39-15-302 ; (V) Sexual exploitation of a minor, as prohibited by § 39-17-1003 ; (W) Aggravated sexual exploitation of a minor, as prohibited by § 39-17-1004 ; or (X) Especially aggravated sexual exploitation of a minor, as prohibited by § 39-17-1005 . (2) A person may be prosecuted, tried, and punished for an offense listed in subdivision (q)(1) at any time after the commission of an offense if: (A) The victim was under thirteen (13) years of age at the time of the offense; or (B) (i) The victim was at least thirteen (13) years of age but no more than seventeen (17) years of age at the time of the offense; and (ii) The victim reported the offense to another person prior to the victim attaining twenty-three (23) years of age. (3) (A) Except as provided in subdivision (q)(3)(B), a person may be prosecuted, tried, and punished for an offense listed in subdivision (q)(1) at any time after the commission of an offense if: (i) The victim was at least thirteen (13) years of age but no more than seventeen (17) years of age at the time of the offense; and (ii) The victim did not meet the reporting requirements of subdivision (q)(2)(B)(ii). (B) In order to commence prosecution for an offense listed in subdivision (q)(1) under the circumstances described in subdivision (q)(3)(A), at a date that is more than twenty-five (25) years from the date the victim becomes eighteen (18) years of age, the prosecution is required to offer admissible and credible evidence corroborating the allegations or similar acts by the defendant. (4) This subsection (q) applies to offenses: (A) Committed on or after July 1, 2019; or (B) Committed prior to July 1, 2019, unless prosecution for the offense is barred because the applicable time limitation set out in this section for prosecution of the offense expired prior to July 1, 2019.
(1) Notwithstanding subsections (b), (g), (h), (i), (j), (k), or (m), prosecution for the following offenses, when committed against a minor under eighteen (18) years of age shall commence as provided by this subsection (q): (A) Trafficking for a commercial sex act, as prohibited by § 39-13-309 ; (B) Aggravated rape, as prohibited by § 39-13-502 ; (C) Rape, as prohibited by § 39-13-503 ; (D) Aggravated sexual battery, as prohibited by § 39-13-504 ; (E) Sexual battery, as prohibited by § 39-13-505 ; (F) Mitigated statutory rape, as prohibited by § 39-13-506 ; (G) Statutory rape, as prohibited by § 39-13-506 ; (H) Aggravated statutory rape, as prohibited by § 39-13-506(c) ; (I) Indecent exposure, as prohibited by § 39-13-511 , when the offense is classified as a felony offense; (J) Patronizing prostitution, as prohibited by § 39-13-514 ; (K) Promotion of prostitution, as prohibited by § 39-13-515 ; (L) Continuous sexual abuse of a child, as prohibited by § 39-13-518 ; (M) Rape of a child, as prohibited by § 39-13-522 ; (N) Sexual battery by an authority figure, as prohibited by § 39-13-527 ; (O) Solicitation of a minor, as prohibited by § 39-13-528 , when the offense is classified as a felony offense; (P) Soliciting sexual exploitation of a minor - exploitation of a minor by electronic means, as prohibited by § 39-13-529 ; (Q) Aggravated rape of a child, as prohibited by § 39-13-531 ; (R) Statutory rape by an authority figure, as prohibited by § 39-13-532 ; (S) Unlawful photographing, as prohibited by § 39-13-605 , when the offense is classified as a felony offense; (T) Observation without consent, as prohibited by § 39-13-607 , when the offense is classified as a felony offense; (U) Incest, as prohibited by § 39-15-302 ; (V) Sexual exploitation of a minor, as prohibited by § 39-17-1003 ; (W) Aggravated sexual exploitation of a minor, as prohibited by § 39-17-1004 ; or (X) Especially aggravated sexual exploitation of a minor, as prohibited by § 39-17-1005 .
(A) Trafficking for a commercial sex act, as prohibited by § 39-13-309 ;
(B) Aggravated rape, as prohibited by § 39-13-502 ;
(C) Rape, as prohibited by § 39-13-503 ;
(D) Aggravated sexual battery, as prohibited by § 39-13-504 ;
(E) Sexual battery, as prohibited by § 39-13-505 ;
(F) Mitigated statutory rape, as prohibited by § 39-13-506 ;
(G) Statutory rape, as prohibited by § 39-13-506 ;
(H) Aggravated statutory rape, as prohibited by § 39-13-506(c) ;
(I) Indecent exposure, as prohibited by § 39-13-511 , when the offense is classified as a felony offense;
(J) Patronizing prostitution, as prohibited by § 39-13-514 ;
(K) Promotion of prostitution, as prohibited by § 39-13-515 ;
(L) Continuous sexual abuse of a child, as prohibited by § 39-13-518 ;
(M) Rape of a child, as prohibited by § 39-13-522 ;
(N) Sexual battery by an authority figure, as prohibited by § 39-13-527 ;
(O) Solicitation of a minor, as prohibited by § 39-13-528 , when the offense is classified as a felony offense;
(P) Soliciting sexual exploitation of a minor - exploitation of a minor by electronic means, as prohibited by § 39-13-529 ;
(Q) Aggravated rape of a child, as prohibited by § 39-13-531 ;
(R) Statutory rape by an authority figure, as prohibited by § 39-13-532 ;
(S) Unlawful photographing, as prohibited by § 39-13-605 , when the offense is classified as a felony offense;
(T) Observation without consent, as prohibited by § 39-13-607 , when the offense is classified as a felony offense;
(U) Incest, as prohibited by § 39-15-302 ;
(V) Sexual exploitation of a minor, as prohibited by § 39-17-1003 ;
(W) Aggravated sexual exploitation of a minor, as prohibited by § 39-17-1004 ; or
(X) Especially aggravated sexual exploitation of a minor, as prohibited by § 39-17-1005 .
(2) A person may be prosecuted, tried, and punished for an offense listed in subdivision (q)(1) at any time after the commission of an offense if: (A) The victim was under thirteen (13) years of age at the time of the offense; or (B) (i) The victim was at least thirteen (13) years of age but no more than seventeen (17) years of age at the time of the offense; and (ii) The victim reported the offense to another person prior to the victim attaining twenty-three (23) years of age.
(A) The victim was under thirteen (13) years of age at the time of the offense; or
(B) (i) The victim was at least thirteen (13) years of age but no more than seventeen (17) years of age at the time of the offense; and (ii) The victim reported the offense to another person prior to the victim attaining twenty-three (23) years of age.
(i) The victim was at least thirteen (13) years of age but no more than seventeen (17) years of age at the time of the offense; and
(ii) The victim reported the offense to another person prior to the victim attaining twenty-three (23) years of age.
(3) (A) Except as provided in subdivision (q)(3)(B), a person may be prosecuted, tried, and punished for an offense listed in subdivision (q)(1) at any time after the commission of an offense if: (i) The victim was at least thirteen (13) years of age but no more than seventeen (17) years of age at the time of the offense; and (ii) The victim did not meet the reporting requirements of subdivision (q)(2)(B)(ii). (B) In order to commence prosecution for an offense listed in subdivision (q)(1) under the circumstances described in subdivision (q)(3)(A), at a date that is more than twenty-five (25) years from the date the victim becomes eighteen (18) years of age, the prosecution is required to offer admissible and credible evidence corroborating the allegations or similar acts by the defendant.
(A) Except as provided in subdivision (q)(3)(B), a person may be prosecuted, tried, and punished for an offense listed in subdivision (q)(1) at any time after the commission of an offense if: (i) The victim was at least thirteen (13) years of age but no more than seventeen (17) years of age at the time of the offense; and (ii) The victim did not meet the reporting requirements of subdivision (q)(2)(B)(ii).
(i) The victim was at least thirteen (13) years of age but no more than seventeen (17) years of age at the time of the offense; and
(ii) The victim did not meet the reporting requirements of subdivision (q)(2)(B)(ii).
(B) In order to commence prosecution for an offense listed in subdivision (q)(1) under the circumstances described in subdivision (q)(3)(A), at a date that is more than twenty-five (25) years from the date the victim becomes eighteen (18) years of age, the prosecution is required to offer admissible and credible evidence corroborating the allegations or similar acts by the defendant.
(4) This subsection (q) applies to offenses: (A) Committed on or after July 1, 2019; or (B) Committed prior to July 1, 2019, unless prosecution for the offense is barred because the applicable time limitation set out in this section for prosecution of the offense expired prior to July 1, 2019.
(A) Committed on or after July 1, 2019; or
(B) Committed prior to July 1, 2019, unless prosecution for the offense is barred because the applicable time limitation set out in this section for prosecution of the offense expired prior to July 1, 2019.
(r) Notwithstanding subsections (k) and (q), a person may be prosecuted, tried, and punished for any offense committed against a child on or after July 1, 2021, that constitutes the offense of trafficking for commercial sex act under § 39-13-309 , at any time after the offense is committed.
(s) Notwithstanding subsection (b) and § 40-2-102 , prosecution for an offense committed on or after July 1, 2023, that constitutes the offense of destruction and tampering with governmental records, pursuant to § 39-16-504 , or official misconduct, pursuant to § 39-16-402 , shall commence within six (6) years from the date the offense occurs.
Amended by 2023 Tenn. Acts, ch. 22, s 1, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 363, s 1, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 499, s 5, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 410, s 1, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 499, Secs.s 6, s 7, s 8eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 268, s 4, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 1032, s 1, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 958, s 1, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 310, s 1, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 836, Secs.s 1, s 2eff. 4/29/2014.
Amended by 2013 Tenn. Acts, ch. 416, s 1, eff. 7/1/2013.
Code 1932, §§ 11481-11483; Acts 1977, ch. 62, § 1; T.C.A. (orig. ed.), §§ 40-201 -- 40-203; Acts 1985, ch. 478, § 21; 1990, ch. 980, §17; 1997 , ch. 214, §§1, 2; 1998, ch. 962, § 1; 2006, ch. 927, §1; 2007 , ch. 594, §5; 2012 , ch. 1027, § 1.
Tenn. Code Ann. § 40-20-114 — TN Code / Title 40 / Chapter 20 / Section 40-20-114
Disqualification from public office
Status: in_force

(a) A person who has been convicted in this state of an infamous crime, as defined by § 40-20-112 , other than one specified in subsection (b), or convicted under the laws of the United States or another state of an offense that would constitute an infamous crime if committed in this state, shall be disqualified from qualifying for, seeking election to or holding a public office in this state, unless and until that person's citizenship rights have been restored by a court of competent jurisdiction. (b) Notwithstanding the provisions of subsection (a) to the contrary, a person convicted in this state of an infamous crime, as defined by § 40-20-112 , or convicted under the laws of the United States or another state of an offense that would constitute an infamous crime if committed in this state, and the offense was committed while that person is holding an elected public office at the federal level, or in this or any other state or any political subdivision of this or any other state, shall be forever disqualified from qualifying for, seeking or holding any public office in this state or any political subdivision of this state, if the offense was committed in the person's official capacity or involved the duties of the person's office. This subsection (b) shall apply even if the person's citizenship rights have been restored, but shall not be construed as limiting the restoration of any other citizenship rights, including the right of suffrage provided for in § 2-2-139 , § 2-19-143 , or § 40-29-105 . (c) If a person is holding an elected public office and was convicted of an infamous crime pursuant to the qualifications in subsection (b) that was committed prior to July 1, 2007, the person shall be allowed to remain in office for the remainder of the term, but shall forever be prohibited from qualifying for, seeking or holding any public office in this state or political subdivision of this state after July 1, 2007, or when the term expires or when the person vacates the office, whichever is first. (d) If a person is holding an elected public office and is convicted of an infamous crime pursuant to the qualifications in subsection (b) that was committed on or after July 1, 2007, the conviction shall be grounds for removal from office in the manner provided by law and the person shall forever be prohibited from qualifying for, seeking or holding any public office in this state or political subdivision of this state after July 1, 2007. (e) A court shall not accept any plea agreement that allows an elected public official who is charged with an infamous crime involving an offense committed in the person's official capacity or involving the duties of the person's office, to qualify for, seek, or hold public office in this state or any political subdivision of this state at some point in the future. If an elected public official accepts a plea agreement for an offense committed in the person's official capacity or involving the duties of the person's office, the person is prohibited from qualifying for, seeking, or holding public office in this state or any political subdivision of this state at some point in the future after the plea agreement has been agreed to by all parties. (f) If any provision of this section or the application of this section to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to that end this section is declared to be severable. Amended by 2019 Tenn. Acts, ch. 281,s 3, eff. 7/1/2019. Code 1858, § 5227; Shan., § 7200; Code 1932, § 11763; Acts 1979, ch. 306, § 13; T.C.A. (orig. ed.), § 40-2714; Acts 2007, ch. 325, § 1.
(a) A person who has been convicted in this state of an infamous crime, as defined by § 40-20-112 , other than one specified in subsection (b), or convicted under the laws of the United States or another state of an offense that would constitute an infamous crime if committed in this state, shall be disqualified from qualifying for, seeking election to or holding a public office in this state, unless and until that person's citizenship rights have been restored by a court of competent jurisdiction.
(b) Notwithstanding the provisions of subsection (a) to the contrary, a person convicted in this state of an infamous crime, as defined by § 40-20-112 , or convicted under the laws of the United States or another state of an offense that would constitute an infamous crime if committed in this state, and the offense was committed while that person is holding an elected public office at the federal level, or in this or any other state or any political subdivision of this or any other state, shall be forever disqualified from qualifying for, seeking or holding any public office in this state or any political subdivision of this state, if the offense was committed in the person's official capacity or involved the duties of the person's office. This subsection (b) shall apply even if the person's citizenship rights have been restored, but shall not be construed as limiting the restoration of any other citizenship rights, including the right of suffrage provided for in § 2-2-139 , § 2-19-143 , or § 40-29-105 .
(c) If a person is holding an elected public office and was convicted of an infamous crime pursuant to the qualifications in subsection (b) that was committed prior to July 1, 2007, the person shall be allowed to remain in office for the remainder of the term, but shall forever be prohibited from qualifying for, seeking or holding any public office in this state or political subdivision of this state after July 1, 2007, or when the term expires or when the person vacates the office, whichever is first.
(d) If a person is holding an elected public office and is convicted of an infamous crime pursuant to the qualifications in subsection (b) that was committed on or after July 1, 2007, the conviction shall be grounds for removal from office in the manner provided by law and the person shall forever be prohibited from qualifying for, seeking or holding any public office in this state or political subdivision of this state after July 1, 2007.
(e) A court shall not accept any plea agreement that allows an elected public official who is charged with an infamous crime involving an offense committed in the person's official capacity or involving the duties of the person's office, to qualify for, seek, or hold public office in this state or any political subdivision of this state at some point in the future. If an elected public official accepts a plea agreement for an offense committed in the person's official capacity or involving the duties of the person's office, the person is prohibited from qualifying for, seeking, or holding public office in this state or any political subdivision of this state at some point in the future after the plea agreement has been agreed to by all parties.
(f) If any provision of this section or the application of this section to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to that end this section is declared to be severable.
Amended by 2019 Tenn. Acts, ch. 281,s 3, eff. 7/1/2019.
Code 1858, § 5227; Shan., § 7200; Code 1932, § 11763; Acts 1979, ch. 306, § 13; T.C.A. (orig. ed.), § 40-2714; Acts 2007, ch. 325, § 1.
Tenn. Code Ann. § 40-11-139 — TN Code / Title 40 / Chapter 11 / Section 40-11-139
Forfeiture of bail security - Notice to defendant and sureties - List or database of fugitives
Status: in_force

(a) If the defendant whose release is secured under § 40-11-122 does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited. Notice of the order of forfeiture shall be immediately sent by regular mail by the clerk of the court to the defendant at the defendant's last known address. The defendant's surety will be served with scire facias upon the forfeiture entered and a capias shall be issued for the defendant. When the defendant, who failed to appear pursuant to conditions of a bail bond, is arrested on a capias, the surety on the defendant's forfeited bond is released. (b) After the expiration of one hundred eighty (180) days from the date surety is served with scire facias or scire facias is returned to the clerk unserved or undelivered, the court may enter judgment for the state against the defendant and the defendant's sureties for the amount of the bail and costs of the proceedings. (c) No execution shall issue upon a final forfeit, nor shall proceedings be taken for its enforcement until the expiration of thirty (30) days after its entry. (d) If a court issues a bench warrant due to a defendant's failure to appear on a felony or on a Class A or Class B misdemeanor that is violent or sexual in nature as determined by the court, or if a defendant is charged with a failure to appear, then the defendant shall be placed on any available state or federal list or database as a fugitive from justice, without limitation, within ten (10) business days of the defendant's failure to appear. A surety is not liable for any undertaking if the defendant has not been placed on such a database within the time required by law. (e) The surety is only responsible for costs in accordance with § 40-11-201 . Amended by 2024 Tenn. Acts, ch. 1048,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 260, s 1, eff. 7/1/2023. Amended by 2019 Tenn. Acts, ch. 105, s 1, eff. 4/11/2019. Amended by 2016 Tenn. Acts, ch. 963, s 1, eff. 4/27/2016. Amended by 2013 Tenn. Acts, ch. 388, s 1, eff. 5/6/2013. Acts 1978, ch. 506, § 35; 1979, ch. 160, § 1; T.C.A., § 40-1239; Acts 1997 , ch. 504, § 2; 2011 , ch. 367, § 1.
(a) If the defendant whose release is secured under § 40-11-122 does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited. Notice of the order of forfeiture shall be immediately sent by regular mail by the clerk of the court to the defendant at the defendant's last known address. The defendant's surety will be served with scire facias upon the forfeiture entered and a capias shall be issued for the defendant. When the defendant, who failed to appear pursuant to conditions of a bail bond, is arrested on a capias, the surety on the defendant's forfeited bond is released.
(b) After the expiration of one hundred eighty (180) days from the date surety is served with scire facias or scire facias is returned to the clerk unserved or undelivered, the court may enter judgment for the state against the defendant and the defendant's sureties for the amount of the bail and costs of the proceedings.
(c) No execution shall issue upon a final forfeit, nor shall proceedings be taken for its enforcement until the expiration of thirty (30) days after its entry.
(d) If a court issues a bench warrant due to a defendant's failure to appear on a felony or on a Class A or Class B misdemeanor that is violent or sexual in nature as determined by the court, or if a defendant is charged with a failure to appear, then the defendant shall be placed on any available state or federal list or database as a fugitive from justice, without limitation, within ten (10) business days of the defendant's failure to appear. A surety is not liable for any undertaking if the defendant has not been placed on such a database within the time required by law.
(e) The surety is only responsible for costs in accordance with § 40-11-201 .
Amended by 2024 Tenn. Acts, ch. 1048,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 260, s 1, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 105, s 1, eff. 4/11/2019.
Amended by 2016 Tenn. Acts, ch. 963, s 1, eff. 4/27/2016.
Amended by 2013 Tenn. Acts, ch. 388, s 1, eff. 5/6/2013.
Acts 1978, ch. 506, § 35; 1979, ch. 160, § 1; T.C.A., § 40-1239; Acts 1997 , ch. 504, § 2; 2011 , ch. 367, § 1.
Tenn. Code Ann. § 40-1-111 — TN Code / Title 40 / Chapter 1 / Section 40-1-111
Appointment of judicial commissioners or magistrates - Duties - Terms - Compensation - Continuing education - Management rotation
Status: in_force

(a) (1) (A) The chief legislative body of any county having a population of less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census may appoint, and the chief legislative body of any county having a population of over eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, may initially appoint one (1) or more judicial commissioners whose duty or duties shall include, but not be limited to, the following: (i) Issuance of search warrants and felony arrest warrants upon a finding of probable cause and pursuant to requests from on-duty law enforcement officers and in accordance with the procedures outlined in chapters 5 and 6 of this title; (ii) Issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 ; (iii) The appointing of attorneys for indigent defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county; (iv) The setting and approving of bonds and the release on recognizance of defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county; and (v) Issuance of injunctions and other appropriate orders as designated by the general sessions judges in cases of alleged domestic violence. (B) (i) This subdivision (a)(1)(B)(i) applies to any county having a population of less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census. The term or terms of the officers shall be established by the chief legislative body of the county to which this subdivision (a)(1)(B)(i) applies but shall not exceed a four-year term. No member of the county legislative body of any county to which this subdivision (a)(1)(B)(i) applies shall be eligible for appointment as a judicial commissioner. Notwithstanding the provisions of this subdivision (a)(1)(B)(i) to the contrary, the presiding general sessions criminal judge of a county to which this subdivision (a)(1)(B)(i) applies may appoint a temporary or part-time judicial commissioner to serve at the pleasure of the presiding judge in case of absence, emergency or other need. The legislative body of any county to which this subdivision (a)(1)(B)(i) applies, in appointing, evaluating and making decisions relative to retention and reappointment, shall take into consideration views, comments and suggestions of the judges of the courts in which the judicial commissioners are appointed to serve. (ii) Any subsequent term of a judicial commissioner initially appointed by the chief legislative body of any county having a population of over eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, shall be by the general sessions judges of that county. The term or terms of the officers shall be established by the general sessions criminal court judges of the county but shall not exceed a four-year term. No member of the county legislative body of the county shall be eligible for appointment as a judicial commissioner. Notwithstanding the provisions of this subdivision (a)(1)(B)(ii) to the contrary, the presiding general sessions criminal court judge of the county may appoint a temporary, or part-time, judicial commissioner to serve at the pleasure of the presiding judge in case of absence, emergency or other need. The general sessions judges of the county in appointing, evaluating and making decisions relative to retention and reappointment shall take into consideration views, comments and suggestions of the judges of the courts in which the judicial commissioners are appointed to serve. (iii) Any subsequent term of a judicial commissioner initially appointed by the chief legislative body of any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census, shall be by the general sessions judges of that county. In the event that the general sessions judges are unable to agree on the appointment of a judicial commissioner, the appointment shall be made by the chief legislative body of the county; provided, that any appointment made by the chief legislative body of the county shall not be construed to divest the general sessions judges of the supervisory authority over the judicial commissioner. (C) In any county having a population greater than eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, to be eligible for appointment and service as a judicial commissioner a person must be licensed to practice law in this state. (D) (i) Any county, having a population greater than eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, which appoints and makes use of judicial commissioners shall maintain records sufficient to allow an annual determination of whether the use of judicial commissioners is accomplishing the purposes intended. (ii) On an annual basis the county legislative body shall conduct a public hearing to examine and evaluate the program of judicial commissioners and to determine if the program is being conducted in accordance with law and is contributing to the orderly, effective and fair administration of justice. As a part of the public hearing the county legislative body shall examine the effectiveness of the system of judicial commissioners and hear the opinions of the public concerning the system. The county legislative body shall give notice of the public hearing at least thirty (30) days prior to the meeting. Upon request by the county legislative body, the judicial commissioners must submit any relevant information to the county legislative body at least seven (7) days before the public hearing. (iii) Following the hearing and not later than April 1 of each year, the county legislative body shall cause to be submitted to the judges of the general sessions criminal court of the county, the chair of the judiciary committee of the senate and the chair of the criminal justice committee of the house of representatives a written report setting forth findings and the overall evaluation of the use of judicial commissioners. (2) The judicial commissioner or commissioners shall be compensated from the general fund of the county in an amount to be determined by the chief legislative body. Fees established and authorized by § 8-21-401 shall be paid to the county general fund upon the services detailed in § 8-21-401 being performed by a judicial commissioner. (b) (1) Notwithstanding any provision of this section to the contrary, a judge of a court of general sessions in a county having a population of not less than fourteen thousand seven hundred (14,700) nor more than fourteen thousand eight hundred (14,800), according to the 1970 federal census or any subsequent federal census, may appoint one (1) or more judicial commissioners whose duties shall be the same as those prescribed for judicial commissioners in subsection (a). The judge may appoint a commissioner if the county legislative body of the counties noted in subsection (a) does not appoint a judicial commissioner before May 1, 1980. The term of the judicial officer shall be for one (1) year or until the county legislative body appoints a judicial commissioner as provided by subsection (a). (2) A judicial commissioner who is appointed by a general sessions judge as outlined in subdivision (b)(1) shall serve without compensation unless an amount of compensation is specifically established by the county legislative body. (c) [Deleted by 2024 amendment.] (d) (1) Notwithstanding subsections (a) and (b), the legislative body of any county having a population of not less than forty-one thousand four hundred (41,400) nor more than forty-one thousand six hundred (41,600), according to the 1990 federal census or any subsequent federal census, may, by resolution, create the position of one (1) or more judicial commissioners. (2) The duties of a commissioner shall include, but are not limited to, the following: (A) The issuance of arrest warrants upon a finding of probable cause; (B) The setting of bonds and recognizance in accordance with the procedures outlined in chapters 5 and 6 of this title; (C) The issuance of search warrants where authorized by the general sessions judge or a judge of a court of record; and (D) The issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 . (3) The term of a judicial commissioner shall be established by the general sessions judge of the county, but in no event shall the term exceed four (4) years. (4) A judicial commissioner shall be compensated from the general fund of the county in an amount to be determined by the general sessions judge of the county and subject to the approval of the county legislative body. Fees established and authorized by § 8-21-401 shall be paid to the general fund upon the services detailed in § 8-21-401 being performed by a judicial commissioner. (5) A judicial commissioner shall be selected and appointed by the general sessions judge in the county, and shall serve at the pleasure of such general sessions judge, but not longer than the term specified in subdivision (d)(3). (e) (1) Notwithstanding subsections (a), (b), and (d), any county having a population of not less than three hundred seven thousand (307,000) nor more than three hundred eight thousand (308,000), according to the 2000 federal census or any subsequent federal census, may elect to establish judicial commissioners to assist the general sessions court in accordance with this subdivision (e)(1). The county legislative body may appoint one (1) or more attorneys to serve as judicial commissioners. The duties of a judicial commissioner shall include, but not be limited to the following: (A) Issuance of arrest and search warrants upon a finding of probable cause in accordance with the procedures outlined in chapters 5 and 6 of this title; (B) Issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 ; (C) Appointing attorneys for indigent defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county; (D) Setting and approving bonds and the release on recognizance of defendants in accordance with chapter 11 of this title; and (E) Setting bond for the circuit court judges and chancellors in cases involving violations of orders of protection between the hours of nine o'clock p.m. (9:00 p.m.) and seven o'clock a.m. (7:00 a.m.) on weekdays, and on weekends, holidays and at any other time when the judge or chancellor is unavailable to set bond. (2) The term of office for a judicial commissioner shall be established by the county legislative body, but such term shall not exceed four (4) years. A member of the county legislative body is not eligible for appointment as a judicial commissioner. (3) A judicial commissioner shall be compensated from the general fund of the county in an amount to be determined by the county legislative body. Fees established and authorized by § 8-21-401 shall be paid to the county general fund upon the services detailed therein being performed by a judicial commissioner. (f) (1) Beginning January 1, 2010, each judicial commissioner who is appointed to serve pursuant to this section must complete twelve (12) hours of continuing education each calendar year, ten (10) hours of which must be completed by attendance at conferences or courses sponsored or approved by the Judicial Commissioners Association of Tennessee. The remaining two (2) hours may be completed by attendance at classes sponsored by either the Judicial Commissioners Association of Tennessee or the Tennessee Court Clerks Association, or by local in-service education. At least six (6) hours of the total twelve (12) hours must be taught by a person who is licensed to practice law in this state. (2) Any judicial commissioner who is licensed to practice law in this state is authorized to use continuing legal education credits toward completion of the ten (10) hours, which otherwise must be completed by attendance at conferences or courses sponsored or approved by the Judicial Commissioners Association of Tennessee. (3) All judicial commissioners must complete, as part of the twelve (12) required hours, the following classes: (A) At least two (2) hours concerning domestic violence or child abuse; (B) At least one (1) hour concerning bail and bonds; and (C) At least one (1) hour concerning ethics. (4) All counties for which judicial commissioners are appointed to serve pursuant to this section shall provide all necessary funding for their respective judicial commissioners to complete the continuing education required by this subsection (f). (5) All records indicating satisfaction of the continuing education requirements for judicial commissioners shall be maintained by each county and kept on the file for at least seven (7) years. (6) Notwithstanding this subsection (f), in any county in which the judicial commissioner is selected by the general sessions judge or judges, the county legislative body of such county may elect, by a two-thirds (2/3) majority, to allow each judicial commissioner to receive twelve (12) hours of appropriate continuing education each calendar year under the supervision of the appointing general sessions judge or judges rather than the Judicial Commissioners Association of Tennessee or the Tennessee Court Clerks Association. Further, in any county that has previously made this election, that county may later rescind that action by a subsequent two-thirds (2/3) majority vote of its county legislative body as to allow the judicial commissioners to receive the required training through the Judicial Commissioners Association of Tennessee or the Tennessee Court Clerks Association. (7) Subject to appropriation, funds from the judicial commissioner continuing education account, created in § 67-4-602(k) , shall be used by the Judicial Commissioners Association of Tennessee for the development and presentation of continuing education programs, courses and conferences for judicial commissioners in this state. (g) (1) Judicial commissioners duly appointed pursuant to this section in any county with a population not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census, shall be known as "magistrates." (2) Any county with a population not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census, shall have the position of one (1) or more general sessions magistrate. (3) A magistrate must be appointed by a majority of the general sessions judges in the county and serve at the pleasure of the majority of the general sessions judges. (4) The duties of a magistrate include, but are not limited to, the following: (A) The issuance of arrest warrants upon a finding of probable cause; (B) The setting of bonds and recognizances in accordance with the procedures outlined in this chapter and chapter 11 of this title; and (C) The issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 . (5) The term of a magistrate must be established by the majority of general sessions judges of the county. (h) (1) In any county having a population of not less than four hundred thirty-two thousand two hundred (432,200) nor more than four hundred thirty-two thousand three hundred (432,300), according to the 2010 federal census or any subsequent federal census, there is created the position of domestic abuse magistrate. (2) Notwithstanding any other law to the contrary, the domestic abuse magistrate created by this subsection (h) shall be appointed by the judge of the fourth circuit court of any such county and shall hold office for a term of eight (8) years from the date of appointment. The magistrate shall be eligible for reappointment to successive eight-year terms and shall be compensated from the general fund of the county in an amount to be determined by the county legislative body. Upon making a selection, the judge shall reduce the appointment to writing and file it with the fourth circuit court clerk of any county to which this subsection (h) applies. The domestic abuse magistrate, once appointed, shall regularly perform the duties set out in this subsection (h) within the approximate time period that the fourth circuit court begins and ends its daily docket, and the magistrate shall be styled as magistrate judge. (3) To qualify for the position of domestic abuse magistrate, the applicant must: (A) Be at least thirty (30) years of age; (B) Be a resident of the county funding the position; (C) Be an attorney, licensed to practice law in the courts of this state; and (D) Have served as a judicial commissioner or magistrate pursuant to subsection (a) for at least a full four-year term prior to application. (4) No person who is a judicial commissioner under subsection (a) or a magistrate under subsection (g) prior to the appointment of the domestic abuse magistrate may simultaneously hold that position and the position of domestic abuse magistrate under this subsection (h). (5) For purposes of: (A) Title 36, chapter 3, part 6, the domestic abuse magistrate shall be considered a "court" as defined in § 36-3-601(3)(A) and (D) , and shall have all jurisdiction and authority necessary to serve in that function for the employing county; and (B) Chapter 5, part 1 of this title, the domestic abuse magistrate shall be considered a "magistrate" as defined in § 40-5-102 , and shall have all of the jurisdiction and authority necessary to serve in that function for the employing county, and the domestic abuse magistrate shall complete the judicial continuing education requirements of subsection (f) in the same manner as a judicial commissioner. (6) The domestic abuse magistrate shall have, regardless of whether the case involves alleged domestic abuse, the following duties pursuant to this chapter, the Tennessee Rules of Civil Procedure, the Tennessee Rules of Criminal Procedure, and applicable statutes: (A) Those conferred upon a court by title 36, chapter 3, part 6; (B) Issuing or denying temporary or ex-parte orders of protection; (C) Setting and approving bond in cases of civil and criminal contempt for alleged violations of orders of protection; (D) Issuing injunctions and other appropriate orders in cases of alleged domestic violence; (E) Setting and approving of bonds and release on recognizance of defendants in accordance with applicable law; (F) Issuing mittimus in compliance with § 40-5-103 ; (G) Issuing criminal arrest warrants, criminal summons, and search warrants upon a finding of probable cause; (H) Appointing attorneys for indigent defendants and respondents in accordance with applicable law; (I) Conducting initial appearances in accordance with Rule 5 of the Tennessee Rules of Criminal Procedure; (J) Setting and approving bond for probation violation warrants; (K) Issuing attachments, capias, or conditional bond forfeitures; (L) Conducting compliance review dockets to examine and report to the appropriate judge any findings and conclusions regarding compliance with court orders; (M) Conducting initial appearances for any defendant following arrest for a crime involving domestic abuse when conducted pursuant to the requirements imposed by [former] § 36-3-602(c) [repealed]; and (N) Any other judicial duty not prohibited by the constitution, statute, or applicable rules, when requested by a judge. (7) If the domestic abuse magistrate is carrying out one (1) of the duties of the office under this subsection (h), the failure to appear before the magistrate constitutes failure to appear and shall subject the defendant or respondent to arrest and forfeiture of bond. (8) If the appointed domestic abuse magistrate is absent or unavailable for any reason, the magistrate has the authority to appoint special, substitute, or temporary magistrates to carry out the duties of this section. A substitute magistrate shall be an attorney, licensed to practice law in the courts of this state, a resident of the county of the appointing domestic abuse magistrate, and not less than thirty (30) years of age. An order of appointment for a special, substitute, or temporary magistrate shall be for a fixed period of time and shall be reduced to writing and filed with the fourth circuit court clerk. (9) The domestic abuse magistrate may also accept appointment by the judge of the fourth circuit court to serve as a special master to the fourth circuit court for any purpose established by the judge. The appointment may be made by the judge at the same time as the appointment to the position of domestic abuse magistrate, or at any time during the magistrate's term. (i) In a county with more than one (1) general sessions judge in which the judicial commissioners are supervised by the general sessions judges, the management and supervision of any judicial commissioners appointed pursuant to this section must rotate between the general sessions judges having criminal jurisdiction in the county on an annual basis. Amended by 2024 Tenn. Acts, ch. 786,s 1, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 683,s 5, eff. 4/11/2024. Amended by 2024 Tenn. Acts, ch. 683,s 4, eff. 4/11/2024. Amended by 2024 Tenn. Acts, ch. 683,s 3, eff. 4/11/2024. Amended by 2024 Tenn. Acts, ch. 683,s 2, eff. 4/11/2024. Amended by 2024 Tenn. Acts, ch. 683,s 1, eff. 4/11/2024. Amended by 2024 Tenn. Acts, ch. 616,s 1, eff. 3/27/2024. Amended by 2022 Tenn. Acts, ch. 900, Secs.s 4, s 5, s 6eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 900, s 3, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 64, s 47, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 55, eff. 5/10/2019. Amended by 2017 Tenn. Acts, ch. 222, s 1, eff. 4/28/2017. Amended by 2016 Tenn. Acts, ch. 531, Secs.s 2, s 3eff. 2/1/2016. Amended by 2013 Tenn. Acts, ch. 236, s 33, eff. 4/19/2013. Acts 1978, ch. 933, § 4; 1979, ch. 15, § 1; 1980, ch. 781, § 1; 1981, ch. 209, §§ 1, 2; T.C.A., § 40-120; Acts 1991, ch. 444, §1; 1993, ch. 241, § 57; 1998, ch. 984, § 1; 2001, ch. 316, §§1, 2; 2004, ch. 685, §1; 2009 , ch. 503, §1; 2010 , ch. 989, §§1, 2; 2012 , ch. 890, § 1; 2012, ch. 1052, §§ 1, 3.
(a) (1) (A) The chief legislative body of any county having a population of less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census may appoint, and the chief legislative body of any county having a population of over eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, may initially appoint one (1) or more judicial commissioners whose duty or duties shall include, but not be limited to, the following: (i) Issuance of search warrants and felony arrest warrants upon a finding of probable cause and pursuant to requests from on-duty law enforcement officers and in accordance with the procedures outlined in chapters 5 and 6 of this title; (ii) Issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 ; (iii) The appointing of attorneys for indigent defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county; (iv) The setting and approving of bonds and the release on recognizance of defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county; and (v) Issuance of injunctions and other appropriate orders as designated by the general sessions judges in cases of alleged domestic violence. (B) (i) This subdivision (a)(1)(B)(i) applies to any county having a population of less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census. The term or terms of the officers shall be established by the chief legislative body of the county to which this subdivision (a)(1)(B)(i) applies but shall not exceed a four-year term. No member of the county legislative body of any county to which this subdivision (a)(1)(B)(i) applies shall be eligible for appointment as a judicial commissioner. Notwithstanding the provisions of this subdivision (a)(1)(B)(i) to the contrary, the presiding general sessions criminal judge of a county to which this subdivision (a)(1)(B)(i) applies may appoint a temporary or part-time judicial commissioner to serve at the pleasure of the presiding judge in case of absence, emergency or other need. The legislative body of any county to which this subdivision (a)(1)(B)(i) applies, in appointing, evaluating and making decisions relative to retention and reappointment, shall take into consideration views, comments and suggestions of the judges of the courts in which the judicial commissioners are appointed to serve. (ii) Any subsequent term of a judicial commissioner initially appointed by the chief legislative body of any county having a population of over eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, shall be by the general sessions judges of that county. The term or terms of the officers shall be established by the general sessions criminal court judges of the county but shall not exceed a four-year term. No member of the county legislative body of the county shall be eligible for appointment as a judicial commissioner. Notwithstanding the provisions of this subdivision (a)(1)(B)(ii) to the contrary, the presiding general sessions criminal court judge of the county may appoint a temporary, or part-time, judicial commissioner to serve at the pleasure of the presiding judge in case of absence, emergency or other need. The general sessions judges of the county in appointing, evaluating and making decisions relative to retention and reappointment shall take into consideration views, comments and suggestions of the judges of the courts in which the judicial commissioners are appointed to serve. (iii) Any subsequent term of a judicial commissioner initially appointed by the chief legislative body of any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census, shall be by the general sessions judges of that county. In the event that the general sessions judges are unable to agree on the appointment of a judicial commissioner, the appointment shall be made by the chief legislative body of the county; provided, that any appointment made by the chief legislative body of the county shall not be construed to divest the general sessions judges of the supervisory authority over the judicial commissioner. (C) In any county having a population greater than eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, to be eligible for appointment and service as a judicial commissioner a person must be licensed to practice law in this state. (D) (i) Any county, having a population greater than eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, which appoints and makes use of judicial commissioners shall maintain records sufficient to allow an annual determination of whether the use of judicial commissioners is accomplishing the purposes intended. (ii) On an annual basis the county legislative body shall conduct a public hearing to examine and evaluate the program of judicial commissioners and to determine if the program is being conducted in accordance with law and is contributing to the orderly, effective and fair administration of justice. As a part of the public hearing the county legislative body shall examine the effectiveness of the system of judicial commissioners and hear the opinions of the public concerning the system. The county legislative body shall give notice of the public hearing at least thirty (30) days prior to the meeting. Upon request by the county legislative body, the judicial commissioners must submit any relevant information to the county legislative body at least seven (7) days before the public hearing. (iii) Following the hearing and not later than April 1 of each year, the county legislative body shall cause to be submitted to the judges of the general sessions criminal court of the county, the chair of the judiciary committee of the senate and the chair of the criminal justice committee of the house of representatives a written report setting forth findings and the overall evaluation of the use of judicial commissioners. (2) The judicial commissioner or commissioners shall be compensated from the general fund of the county in an amount to be determined by the chief legislative body. Fees established and authorized by § 8-21-401 shall be paid to the county general fund upon the services detailed in § 8-21-401 being performed by a judicial commissioner.
(1) (A) The chief legislative body of any county having a population of less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census may appoint, and the chief legislative body of any county having a population of over eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, may initially appoint one (1) or more judicial commissioners whose duty or duties shall include, but not be limited to, the following: (i) Issuance of search warrants and felony arrest warrants upon a finding of probable cause and pursuant to requests from on-duty law enforcement officers and in accordance with the procedures outlined in chapters 5 and 6 of this title; (ii) Issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 ; (iii) The appointing of attorneys for indigent defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county; (iv) The setting and approving of bonds and the release on recognizance of defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county; and (v) Issuance of injunctions and other appropriate orders as designated by the general sessions judges in cases of alleged domestic violence. (B) (i) This subdivision (a)(1)(B)(i) applies to any county having a population of less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census. The term or terms of the officers shall be established by the chief legislative body of the county to which this subdivision (a)(1)(B)(i) applies but shall not exceed a four-year term. No member of the county legislative body of any county to which this subdivision (a)(1)(B)(i) applies shall be eligible for appointment as a judicial commissioner. Notwithstanding the provisions of this subdivision (a)(1)(B)(i) to the contrary, the presiding general sessions criminal judge of a county to which this subdivision (a)(1)(B)(i) applies may appoint a temporary or part-time judicial commissioner to serve at the pleasure of the presiding judge in case of absence, emergency or other need. The legislative body of any county to which this subdivision (a)(1)(B)(i) applies, in appointing, evaluating and making decisions relative to retention and reappointment, shall take into consideration views, comments and suggestions of the judges of the courts in which the judicial commissioners are appointed to serve. (ii) Any subsequent term of a judicial commissioner initially appointed by the chief legislative body of any county having a population of over eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, shall be by the general sessions judges of that county. The term or terms of the officers shall be established by the general sessions criminal court judges of the county but shall not exceed a four-year term. No member of the county legislative body of the county shall be eligible for appointment as a judicial commissioner. Notwithstanding the provisions of this subdivision (a)(1)(B)(ii) to the contrary, the presiding general sessions criminal court judge of the county may appoint a temporary, or part-time, judicial commissioner to serve at the pleasure of the presiding judge in case of absence, emergency or other need. The general sessions judges of the county in appointing, evaluating and making decisions relative to retention and reappointment shall take into consideration views, comments and suggestions of the judges of the courts in which the judicial commissioners are appointed to serve. (iii) Any subsequent term of a judicial commissioner initially appointed by the chief legislative body of any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census, shall be by the general sessions judges of that county. In the event that the general sessions judges are unable to agree on the appointment of a judicial commissioner, the appointment shall be made by the chief legislative body of the county; provided, that any appointment made by the chief legislative body of the county shall not be construed to divest the general sessions judges of the supervisory authority over the judicial commissioner. (C) In any county having a population greater than eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, to be eligible for appointment and service as a judicial commissioner a person must be licensed to practice law in this state. (D) (i) Any county, having a population greater than eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, which appoints and makes use of judicial commissioners shall maintain records sufficient to allow an annual determination of whether the use of judicial commissioners is accomplishing the purposes intended. (ii) On an annual basis the county legislative body shall conduct a public hearing to examine and evaluate the program of judicial commissioners and to determine if the program is being conducted in accordance with law and is contributing to the orderly, effective and fair administration of justice. As a part of the public hearing the county legislative body shall examine the effectiveness of the system of judicial commissioners and hear the opinions of the public concerning the system. The county legislative body shall give notice of the public hearing at least thirty (30) days prior to the meeting. Upon request by the county legislative body, the judicial commissioners must submit any relevant information to the county legislative body at least seven (7) days before the public hearing. (iii) Following the hearing and not later than April 1 of each year, the county legislative body shall cause to be submitted to the judges of the general sessions criminal court of the county, the chair of the judiciary committee of the senate and the chair of the criminal justice committee of the house of representatives a written report setting forth findings and the overall evaluation of the use of judicial commissioners.
(A) The chief legislative body of any county having a population of less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census may appoint, and the chief legislative body of any county having a population of over eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, may initially appoint one (1) or more judicial commissioners whose duty or duties shall include, but not be limited to, the following: (i) Issuance of search warrants and felony arrest warrants upon a finding of probable cause and pursuant to requests from on-duty law enforcement officers and in accordance with the procedures outlined in chapters 5 and 6 of this title; (ii) Issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 ; (iii) The appointing of attorneys for indigent defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county; (iv) The setting and approving of bonds and the release on recognizance of defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county; and (v) Issuance of injunctions and other appropriate orders as designated by the general sessions judges in cases of alleged domestic violence.
(i) Issuance of search warrants and felony arrest warrants upon a finding of probable cause and pursuant to requests from on-duty law enforcement officers and in accordance with the procedures outlined in chapters 5 and 6 of this title;
(ii) Issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 ;
(iii) The appointing of attorneys for indigent defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county;
(iv) The setting and approving of bonds and the release on recognizance of defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county; and
(v) Issuance of injunctions and other appropriate orders as designated by the general sessions judges in cases of alleged domestic violence.
(B) (i) This subdivision (a)(1)(B)(i) applies to any county having a population of less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census. The term or terms of the officers shall be established by the chief legislative body of the county to which this subdivision (a)(1)(B)(i) applies but shall not exceed a four-year term. No member of the county legislative body of any county to which this subdivision (a)(1)(B)(i) applies shall be eligible for appointment as a judicial commissioner. Notwithstanding the provisions of this subdivision (a)(1)(B)(i) to the contrary, the presiding general sessions criminal judge of a county to which this subdivision (a)(1)(B)(i) applies may appoint a temporary or part-time judicial commissioner to serve at the pleasure of the presiding judge in case of absence, emergency or other need. The legislative body of any county to which this subdivision (a)(1)(B)(i) applies, in appointing, evaluating and making decisions relative to retention and reappointment, shall take into consideration views, comments and suggestions of the judges of the courts in which the judicial commissioners are appointed to serve. (ii) Any subsequent term of a judicial commissioner initially appointed by the chief legislative body of any county having a population of over eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, shall be by the general sessions judges of that county. The term or terms of the officers shall be established by the general sessions criminal court judges of the county but shall not exceed a four-year term. No member of the county legislative body of the county shall be eligible for appointment as a judicial commissioner. Notwithstanding the provisions of this subdivision (a)(1)(B)(ii) to the contrary, the presiding general sessions criminal court judge of the county may appoint a temporary, or part-time, judicial commissioner to serve at the pleasure of the presiding judge in case of absence, emergency or other need. The general sessions judges of the county in appointing, evaluating and making decisions relative to retention and reappointment shall take into consideration views, comments and suggestions of the judges of the courts in which the judicial commissioners are appointed to serve. (iii) Any subsequent term of a judicial commissioner initially appointed by the chief legislative body of any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census, shall be by the general sessions judges of that county. In the event that the general sessions judges are unable to agree on the appointment of a judicial commissioner, the appointment shall be made by the chief legislative body of the county; provided, that any appointment made by the chief legislative body of the county shall not be construed to divest the general sessions judges of the supervisory authority over the judicial commissioner.
(i) This subdivision (a)(1)(B)(i) applies to any county having a population of less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census. The term or terms of the officers shall be established by the chief legislative body of the county to which this subdivision (a)(1)(B)(i) applies but shall not exceed a four-year term. No member of the county legislative body of any county to which this subdivision (a)(1)(B)(i) applies shall be eligible for appointment as a judicial commissioner. Notwithstanding the provisions of this subdivision (a)(1)(B)(i) to the contrary, the presiding general sessions criminal judge of a county to which this subdivision (a)(1)(B)(i) applies may appoint a temporary or part-time judicial commissioner to serve at the pleasure of the presiding judge in case of absence, emergency or other need. The legislative body of any county to which this subdivision (a)(1)(B)(i) applies, in appointing, evaluating and making decisions relative to retention and reappointment, shall take into consideration views, comments and suggestions of the judges of the courts in which the judicial commissioners are appointed to serve.
(ii) Any subsequent term of a judicial commissioner initially appointed by the chief legislative body of any county having a population of over eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, shall be by the general sessions judges of that county. The term or terms of the officers shall be established by the general sessions criminal court judges of the county but shall not exceed a four-year term. No member of the county legislative body of the county shall be eligible for appointment as a judicial commissioner. Notwithstanding the provisions of this subdivision (a)(1)(B)(ii) to the contrary, the presiding general sessions criminal court judge of the county may appoint a temporary, or part-time, judicial commissioner to serve at the pleasure of the presiding judge in case of absence, emergency or other need. The general sessions judges of the county in appointing, evaluating and making decisions relative to retention and reappointment shall take into consideration views, comments and suggestions of the judges of the courts in which the judicial commissioners are appointed to serve.
(iii) Any subsequent term of a judicial commissioner initially appointed by the chief legislative body of any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census, shall be by the general sessions judges of that county. In the event that the general sessions judges are unable to agree on the appointment of a judicial commissioner, the appointment shall be made by the chief legislative body of the county; provided, that any appointment made by the chief legislative body of the county shall not be construed to divest the general sessions judges of the supervisory authority over the judicial commissioner.
(C) In any county having a population greater than eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, to be eligible for appointment and service as a judicial commissioner a person must be licensed to practice law in this state.
(D) (i) Any county, having a population greater than eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, which appoints and makes use of judicial commissioners shall maintain records sufficient to allow an annual determination of whether the use of judicial commissioners is accomplishing the purposes intended. (ii) On an annual basis the county legislative body shall conduct a public hearing to examine and evaluate the program of judicial commissioners and to determine if the program is being conducted in accordance with law and is contributing to the orderly, effective and fair administration of justice. As a part of the public hearing the county legislative body shall examine the effectiveness of the system of judicial commissioners and hear the opinions of the public concerning the system. The county legislative body shall give notice of the public hearing at least thirty (30) days prior to the meeting. Upon request by the county legislative body, the judicial commissioners must submit any relevant information to the county legislative body at least seven (7) days before the public hearing. (iii) Following the hearing and not later than April 1 of each year, the county legislative body shall cause to be submitted to the judges of the general sessions criminal court of the county, the chair of the judiciary committee of the senate and the chair of the criminal justice committee of the house of representatives a written report setting forth findings and the overall evaluation of the use of judicial commissioners.
(i) Any county, having a population greater than eight hundred thousand (800,000), according to the 1970 federal census or any subsequent federal census, which appoints and makes use of judicial commissioners shall maintain records sufficient to allow an annual determination of whether the use of judicial commissioners is accomplishing the purposes intended.
(ii) On an annual basis the county legislative body shall conduct a public hearing to examine and evaluate the program of judicial commissioners and to determine if the program is being conducted in accordance with law and is contributing to the orderly, effective and fair administration of justice. As a part of the public hearing the county legislative body shall examine the effectiveness of the system of judicial commissioners and hear the opinions of the public concerning the system. The county legislative body shall give notice of the public hearing at least thirty (30) days prior to the meeting. Upon request by the county legislative body, the judicial commissioners must submit any relevant information to the county legislative body at least seven (7) days before the public hearing.
(iii) Following the hearing and not later than April 1 of each year, the county legislative body shall cause to be submitted to the judges of the general sessions criminal court of the county, the chair of the judiciary committee of the senate and the chair of the criminal justice committee of the house of representatives a written report setting forth findings and the overall evaluation of the use of judicial commissioners.
(2) The judicial commissioner or commissioners shall be compensated from the general fund of the county in an amount to be determined by the chief legislative body. Fees established and authorized by § 8-21-401 shall be paid to the county general fund upon the services detailed in § 8-21-401 being performed by a judicial commissioner.
(b) (1) Notwithstanding any provision of this section to the contrary, a judge of a court of general sessions in a county having a population of not less than fourteen thousand seven hundred (14,700) nor more than fourteen thousand eight hundred (14,800), according to the 1970 federal census or any subsequent federal census, may appoint one (1) or more judicial commissioners whose duties shall be the same as those prescribed for judicial commissioners in subsection (a). The judge may appoint a commissioner if the county legislative body of the counties noted in subsection (a) does not appoint a judicial commissioner before May 1, 1980. The term of the judicial officer shall be for one (1) year or until the county legislative body appoints a judicial commissioner as provided by subsection (a). (2) A judicial commissioner who is appointed by a general sessions judge as outlined in subdivision (b)(1) shall serve without compensation unless an amount of compensation is specifically established by the county legislative body.
(1) Notwithstanding any provision of this section to the contrary, a judge of a court of general sessions in a county having a population of not less than fourteen thousand seven hundred (14,700) nor more than fourteen thousand eight hundred (14,800), according to the 1970 federal census or any subsequent federal census, may appoint one (1) or more judicial commissioners whose duties shall be the same as those prescribed for judicial commissioners in subsection (a). The judge may appoint a commissioner if the county legislative body of the counties noted in subsection (a) does not appoint a judicial commissioner before May 1, 1980. The term of the judicial officer shall be for one (1) year or until the county legislative body appoints a judicial commissioner as provided by subsection (a).
(2) A judicial commissioner who is appointed by a general sessions judge as outlined in subdivision (b)(1) shall serve without compensation unless an amount of compensation is specifically established by the county legislative body.
(c) [Deleted by 2024 amendment.]
(d) (1) Notwithstanding subsections (a) and (b), the legislative body of any county having a population of not less than forty-one thousand four hundred (41,400) nor more than forty-one thousand six hundred (41,600), according to the 1990 federal census or any subsequent federal census, may, by resolution, create the position of one (1) or more judicial commissioners. (2) The duties of a commissioner shall include, but are not limited to, the following: (A) The issuance of arrest warrants upon a finding of probable cause; (B) The setting of bonds and recognizance in accordance with the procedures outlined in chapters 5 and 6 of this title; (C) The issuance of search warrants where authorized by the general sessions judge or a judge of a court of record; and (D) The issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 . (3) The term of a judicial commissioner shall be established by the general sessions judge of the county, but in no event shall the term exceed four (4) years. (4) A judicial commissioner shall be compensated from the general fund of the county in an amount to be determined by the general sessions judge of the county and subject to the approval of the county legislative body. Fees established and authorized by § 8-21-401 shall be paid to the general fund upon the services detailed in § 8-21-401 being performed by a judicial commissioner. (5) A judicial commissioner shall be selected and appointed by the general sessions judge in the county, and shall serve at the pleasure of such general sessions judge, but not longer than the term specified in subdivision (d)(3).
(1) Notwithstanding subsections (a) and (b), the legislative body of any county having a population of not less than forty-one thousand four hundred (41,400) nor more than forty-one thousand six hundred (41,600), according to the 1990 federal census or any subsequent federal census, may, by resolution, create the position of one (1) or more judicial commissioners.
(2) The duties of a commissioner shall include, but are not limited to, the following: (A) The issuance of arrest warrants upon a finding of probable cause; (B) The setting of bonds and recognizance in accordance with the procedures outlined in chapters 5 and 6 of this title; (C) The issuance of search warrants where authorized by the general sessions judge or a judge of a court of record; and (D) The issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 .
(A) The issuance of arrest warrants upon a finding of probable cause;
(B) The setting of bonds and recognizance in accordance with the procedures outlined in chapters 5 and 6 of this title;
(C) The issuance of search warrants where authorized by the general sessions judge or a judge of a court of record; and
(D) The issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 .
(3) The term of a judicial commissioner shall be established by the general sessions judge of the county, but in no event shall the term exceed four (4) years.
(4) A judicial commissioner shall be compensated from the general fund of the county in an amount to be determined by the general sessions judge of the county and subject to the approval of the county legislative body. Fees established and authorized by § 8-21-401 shall be paid to the general fund upon the services detailed in § 8-21-401 being performed by a judicial commissioner.
(5) A judicial commissioner shall be selected and appointed by the general sessions judge in the county, and shall serve at the pleasure of such general sessions judge, but not longer than the term specified in subdivision (d)(3).
(e) (1) Notwithstanding subsections (a), (b), and (d), any county having a population of not less than three hundred seven thousand (307,000) nor more than three hundred eight thousand (308,000), according to the 2000 federal census or any subsequent federal census, may elect to establish judicial commissioners to assist the general sessions court in accordance with this subdivision (e)(1). The county legislative body may appoint one (1) or more attorneys to serve as judicial commissioners. The duties of a judicial commissioner shall include, but not be limited to the following: (A) Issuance of arrest and search warrants upon a finding of probable cause in accordance with the procedures outlined in chapters 5 and 6 of this title; (B) Issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 ; (C) Appointing attorneys for indigent defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county; (D) Setting and approving bonds and the release on recognizance of defendants in accordance with chapter 11 of this title; and (E) Setting bond for the circuit court judges and chancellors in cases involving violations of orders of protection between the hours of nine o'clock p.m. (9:00 p.m.) and seven o'clock a.m. (7:00 a.m.) on weekdays, and on weekends, holidays and at any other time when the judge or chancellor is unavailable to set bond. (2) The term of office for a judicial commissioner shall be established by the county legislative body, but such term shall not exceed four (4) years. A member of the county legislative body is not eligible for appointment as a judicial commissioner. (3) A judicial commissioner shall be compensated from the general fund of the county in an amount to be determined by the county legislative body. Fees established and authorized by § 8-21-401 shall be paid to the county general fund upon the services detailed therein being performed by a judicial commissioner.
(1) Notwithstanding subsections (a), (b), and (d), any county having a population of not less than three hundred seven thousand (307,000) nor more than three hundred eight thousand (308,000), according to the 2000 federal census or any subsequent federal census, may elect to establish judicial commissioners to assist the general sessions court in accordance with this subdivision (e)(1). The county legislative body may appoint one (1) or more attorneys to serve as judicial commissioners. The duties of a judicial commissioner shall include, but not be limited to the following: (A) Issuance of arrest and search warrants upon a finding of probable cause in accordance with the procedures outlined in chapters 5 and 6 of this title; (B) Issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 ; (C) Appointing attorneys for indigent defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county; (D) Setting and approving bonds and the release on recognizance of defendants in accordance with chapter 11 of this title; and (E) Setting bond for the circuit court judges and chancellors in cases involving violations of orders of protection between the hours of nine o'clock p.m. (9:00 p.m.) and seven o'clock a.m. (7:00 a.m.) on weekdays, and on weekends, holidays and at any other time when the judge or chancellor is unavailable to set bond.
(A) Issuance of arrest and search warrants upon a finding of probable cause in accordance with the procedures outlined in chapters 5 and 6 of this title;
(B) Issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 ;
(C) Appointing attorneys for indigent defendants in accordance with applicable law and guidelines established by the presiding general sessions judge of the county;
(D) Setting and approving bonds and the release on recognizance of defendants in accordance with chapter 11 of this title; and
(E) Setting bond for the circuit court judges and chancellors in cases involving violations of orders of protection between the hours of nine o'clock p.m. (9:00 p.m.) and seven o'clock a.m. (7:00 a.m.) on weekdays, and on weekends, holidays and at any other time when the judge or chancellor is unavailable to set bond.
(2) The term of office for a judicial commissioner shall be established by the county legislative body, but such term shall not exceed four (4) years. A member of the county legislative body is not eligible for appointment as a judicial commissioner.
(3) A judicial commissioner shall be compensated from the general fund of the county in an amount to be determined by the county legislative body. Fees established and authorized by § 8-21-401 shall be paid to the county general fund upon the services detailed therein being performed by a judicial commissioner.
(f) (1) Beginning January 1, 2010, each judicial commissioner who is appointed to serve pursuant to this section must complete twelve (12) hours of continuing education each calendar year, ten (10) hours of which must be completed by attendance at conferences or courses sponsored or approved by the Judicial Commissioners Association of Tennessee. The remaining two (2) hours may be completed by attendance at classes sponsored by either the Judicial Commissioners Association of Tennessee or the Tennessee Court Clerks Association, or by local in-service education. At least six (6) hours of the total twelve (12) hours must be taught by a person who is licensed to practice law in this state. (2) Any judicial commissioner who is licensed to practice law in this state is authorized to use continuing legal education credits toward completion of the ten (10) hours, which otherwise must be completed by attendance at conferences or courses sponsored or approved by the Judicial Commissioners Association of Tennessee. (3) All judicial commissioners must complete, as part of the twelve (12) required hours, the following classes: (A) At least two (2) hours concerning domestic violence or child abuse; (B) At least one (1) hour concerning bail and bonds; and (C) At least one (1) hour concerning ethics. (4) All counties for which judicial commissioners are appointed to serve pursuant to this section shall provide all necessary funding for their respective judicial commissioners to complete the continuing education required by this subsection (f). (5) All records indicating satisfaction of the continuing education requirements for judicial commissioners shall be maintained by each county and kept on the file for at least seven (7) years. (6) Notwithstanding this subsection (f), in any county in which the judicial commissioner is selected by the general sessions judge or judges, the county legislative body of such county may elect, by a two-thirds (2/3) majority, to allow each judicial commissioner to receive twelve (12) hours of appropriate continuing education each calendar year under the supervision of the appointing general sessions judge or judges rather than the Judicial Commissioners Association of Tennessee or the Tennessee Court Clerks Association. Further, in any county that has previously made this election, that county may later rescind that action by a subsequent two-thirds (2/3) majority vote of its county legislative body as to allow the judicial commissioners to receive the required training through the Judicial Commissioners Association of Tennessee or the Tennessee Court Clerks Association. (7) Subject to appropriation, funds from the judicial commissioner continuing education account, created in § 67-4-602(k) , shall be used by the Judicial Commissioners Association of Tennessee for the development and presentation of continuing education programs, courses and conferences for judicial commissioners in this state.
(1) Beginning January 1, 2010, each judicial commissioner who is appointed to serve pursuant to this section must complete twelve (12) hours of continuing education each calendar year, ten (10) hours of which must be completed by attendance at conferences or courses sponsored or approved by the Judicial Commissioners Association of Tennessee. The remaining two (2) hours may be completed by attendance at classes sponsored by either the Judicial Commissioners Association of Tennessee or the Tennessee Court Clerks Association, or by local in-service education. At least six (6) hours of the total twelve (12) hours must be taught by a person who is licensed to practice law in this state.
(2) Any judicial commissioner who is licensed to practice law in this state is authorized to use continuing legal education credits toward completion of the ten (10) hours, which otherwise must be completed by attendance at conferences or courses sponsored or approved by the Judicial Commissioners Association of Tennessee.
(3) All judicial commissioners must complete, as part of the twelve (12) required hours, the following classes: (A) At least two (2) hours concerning domestic violence or child abuse; (B) At least one (1) hour concerning bail and bonds; and (C) At least one (1) hour concerning ethics.
(A) At least two (2) hours concerning domestic violence or child abuse;
(B) At least one (1) hour concerning bail and bonds; and
(C) At least one (1) hour concerning ethics.
(4) All counties for which judicial commissioners are appointed to serve pursuant to this section shall provide all necessary funding for their respective judicial commissioners to complete the continuing education required by this subsection (f).
(5) All records indicating satisfaction of the continuing education requirements for judicial commissioners shall be maintained by each county and kept on the file for at least seven (7) years.
(6) Notwithstanding this subsection (f), in any county in which the judicial commissioner is selected by the general sessions judge or judges, the county legislative body of such county may elect, by a two-thirds (2/3) majority, to allow each judicial commissioner to receive twelve (12) hours of appropriate continuing education each calendar year under the supervision of the appointing general sessions judge or judges rather than the Judicial Commissioners Association of Tennessee or the Tennessee Court Clerks Association. Further, in any county that has previously made this election, that county may later rescind that action by a subsequent two-thirds (2/3) majority vote of its county legislative body as to allow the judicial commissioners to receive the required training through the Judicial Commissioners Association of Tennessee or the Tennessee Court Clerks Association.
(7) Subject to appropriation, funds from the judicial commissioner continuing education account, created in § 67-4-602(k) , shall be used by the Judicial Commissioners Association of Tennessee for the development and presentation of continuing education programs, courses and conferences for judicial commissioners in this state.
(g) (1) Judicial commissioners duly appointed pursuant to this section in any county with a population not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census, shall be known as "magistrates." (2) Any county with a population not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census, shall have the position of one (1) or more general sessions magistrate. (3) A magistrate must be appointed by a majority of the general sessions judges in the county and serve at the pleasure of the majority of the general sessions judges. (4) The duties of a magistrate include, but are not limited to, the following: (A) The issuance of arrest warrants upon a finding of probable cause; (B) The setting of bonds and recognizances in accordance with the procedures outlined in this chapter and chapter 11 of this title; and (C) The issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 . (5) The term of a magistrate must be established by the majority of general sessions judges of the county.
(1) Judicial commissioners duly appointed pursuant to this section in any county with a population not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census, shall be known as "magistrates."
(2) Any county with a population not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census, shall have the position of one (1) or more general sessions magistrate.
(3) A magistrate must be appointed by a majority of the general sessions judges in the county and serve at the pleasure of the majority of the general sessions judges.
(4) The duties of a magistrate include, but are not limited to, the following: (A) The issuance of arrest warrants upon a finding of probable cause; (B) The setting of bonds and recognizances in accordance with the procedures outlined in this chapter and chapter 11 of this title; and (C) The issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 .
(A) The issuance of arrest warrants upon a finding of probable cause;
(B) The setting of bonds and recognizances in accordance with the procedures outlined in this chapter and chapter 11 of this title; and
(C) The issuance of mittimus following compliance with the procedures prescribed by § 40-5-103 .
(5) The term of a magistrate must be established by the majority of general sessions judges of the county.
(h) (1) In any county having a population of not less than four hundred thirty-two thousand two hundred (432,200) nor more than four hundred thirty-two thousand three hundred (432,300), according to the 2010 federal census or any subsequent federal census, there is created the position of domestic abuse magistrate. (2) Notwithstanding any other law to the contrary, the domestic abuse magistrate created by this subsection (h) shall be appointed by the judge of the fourth circuit court of any such county and shall hold office for a term of eight (8) years from the date of appointment. The magistrate shall be eligible for reappointment to successive eight-year terms and shall be compensated from the general fund of the county in an amount to be determined by the county legislative body. Upon making a selection, the judge shall reduce the appointment to writing and file it with the fourth circuit court clerk of any county to which this subsection (h) applies. The domestic abuse magistrate, once appointed, shall regularly perform the duties set out in this subsection (h) within the approximate time period that the fourth circuit court begins and ends its daily docket, and the magistrate shall be styled as magistrate judge. (3) To qualify for the position of domestic abuse magistrate, the applicant must: (A) Be at least thirty (30) years of age; (B) Be a resident of the county funding the position; (C) Be an attorney, licensed to practice law in the courts of this state; and (D) Have served as a judicial commissioner or magistrate pursuant to subsection (a) for at least a full four-year term prior to application. (4) No person who is a judicial commissioner under subsection (a) or a magistrate under subsection (g) prior to the appointment of the domestic abuse magistrate may simultaneously hold that position and the position of domestic abuse magistrate under this subsection (h). (5) For purposes of: (A) Title 36, chapter 3, part 6, the domestic abuse magistrate shall be considered a "court" as defined in § 36-3-601(3)(A) and (D) , and shall have all jurisdiction and authority necessary to serve in that function for the employing county; and (B) Chapter 5, part 1 of this title, the domestic abuse magistrate shall be considered a "magistrate" as defined in § 40-5-102 , and shall have all of the jurisdiction and authority necessary to serve in that function for the employing county, and the domestic abuse magistrate shall complete the judicial continuing education requirements of subsection (f) in the same manner as a judicial commissioner. (6) The domestic abuse magistrate shall have, regardless of whether the case involves alleged domestic abuse, the following duties pursuant to this chapter, the Tennessee Rules of Civil Procedure, the Tennessee Rules of Criminal Procedure, and applicable statutes: (A) Those conferred upon a court by title 36, chapter 3, part 6; (B) Issuing or denying temporary or ex-parte orders of protection; (C) Setting and approving bond in cases of civil and criminal contempt for alleged violations of orders of protection; (D) Issuing injunctions and other appropriate orders in cases of alleged domestic violence; (E) Setting and approving of bonds and release on recognizance of defendants in accordance with applicable law; (F) Issuing mittimus in compliance with § 40-5-103 ; (G) Issuing criminal arrest warrants, criminal summons, and search warrants upon a finding of probable cause; (H) Appointing attorneys for indigent defendants and respondents in accordance with applicable law; (I) Conducting initial appearances in accordance with Rule 5 of the Tennessee Rules of Criminal Procedure; (J) Setting and approving bond for probation violation warrants; (K) Issuing attachments, capias, or conditional bond forfeitures; (L) Conducting compliance review dockets to examine and report to the appropriate judge any findings and conclusions regarding compliance with court orders; (M) Conducting initial appearances for any defendant following arrest for a crime involving domestic abuse when conducted pursuant to the requirements imposed by [former] § 36-3-602(c) [repealed]; and (N) Any other judicial duty not prohibited by the constitution, statute, or applicable rules, when requested by a judge. (7) If the domestic abuse magistrate is carrying out one (1) of the duties of the office under this subsection (h), the failure to appear before the magistrate constitutes failure to appear and shall subject the defendant or respondent to arrest and forfeiture of bond. (8) If the appointed domestic abuse magistrate is absent or unavailable for any reason, the magistrate has the authority to appoint special, substitute, or temporary magistrates to carry out the duties of this section. A substitute magistrate shall be an attorney, licensed to practice law in the courts of this state, a resident of the county of the appointing domestic abuse magistrate, and not less than thirty (30) years of age. An order of appointment for a special, substitute, or temporary magistrate shall be for a fixed period of time and shall be reduced to writing and filed with the fourth circuit court clerk. (9) The domestic abuse magistrate may also accept appointment by the judge of the fourth circuit court to serve as a special master to the fourth circuit court for any purpose established by the judge. The appointment may be made by the judge at the same time as the appointment to the position of domestic abuse magistrate, or at any time during the magistrate's term.
(1) In any county having a population of not less than four hundred thirty-two thousand two hundred (432,200) nor more than four hundred thirty-two thousand three hundred (432,300), according to the 2010 federal census or any subsequent federal census, there is created the position of domestic abuse magistrate.
(2) Notwithstanding any other law to the contrary, the domestic abuse magistrate created by this subsection (h) shall be appointed by the judge of the fourth circuit court of any such county and shall hold office for a term of eight (8) years from the date of appointment. The magistrate shall be eligible for reappointment to successive eight-year terms and shall be compensated from the general fund of the county in an amount to be determined by the county legislative body. Upon making a selection, the judge shall reduce the appointment to writing and file it with the fourth circuit court clerk of any county to which this subsection (h) applies. The domestic abuse magistrate, once appointed, shall regularly perform the duties set out in this subsection (h) within the approximate time period that the fourth circuit court begins and ends its daily docket, and the magistrate shall be styled as magistrate judge.
(3) To qualify for the position of domestic abuse magistrate, the applicant must: (A) Be at least thirty (30) years of age; (B) Be a resident of the county funding the position; (C) Be an attorney, licensed to practice law in the courts of this state; and (D) Have served as a judicial commissioner or magistrate pursuant to subsection (a) for at least a full four-year term prior to application.
(A) Be at least thirty (30) years of age;
(B) Be a resident of the county funding the position;
(C) Be an attorney, licensed to practice law in the courts of this state; and
(D) Have served as a judicial commissioner or magistrate pursuant to subsection (a) for at least a full four-year term prior to application.
(4) No person who is a judicial commissioner under subsection (a) or a magistrate under subsection (g) prior to the appointment of the domestic abuse magistrate may simultaneously hold that position and the position of domestic abuse magistrate under this subsection (h).
(5) For purposes of: (A) Title 36, chapter 3, part 6, the domestic abuse magistrate shall be considered a "court" as defined in § 36-3-601(3)(A) and (D) , and shall have all jurisdiction and authority necessary to serve in that function for the employing county; and (B) Chapter 5, part 1 of this title, the domestic abuse magistrate shall be considered a "magistrate" as defined in § 40-5-102 , and shall have all of the jurisdiction and authority necessary to serve in that function for the employing county, and the domestic abuse magistrate shall complete the judicial continuing education requirements of subsection (f) in the same manner as a judicial commissioner.
(A) Title 36, chapter 3, part 6, the domestic abuse magistrate shall be considered a "court" as defined in § 36-3-601(3)(A) and (D) , and shall have all jurisdiction and authority necessary to serve in that function for the employing county; and
(B) Chapter 5, part 1 of this title, the domestic abuse magistrate shall be considered a "magistrate" as defined in § 40-5-102 , and shall have all of the jurisdiction and authority necessary to serve in that function for the employing county, and the domestic abuse magistrate shall complete the judicial continuing education requirements of subsection (f) in the same manner as a judicial commissioner.
(6) The domestic abuse magistrate shall have, regardless of whether the case involves alleged domestic abuse, the following duties pursuant to this chapter, the Tennessee Rules of Civil Procedure, the Tennessee Rules of Criminal Procedure, and applicable statutes: (A) Those conferred upon a court by title 36, chapter 3, part 6; (B) Issuing or denying temporary or ex-parte orders of protection; (C) Setting and approving bond in cases of civil and criminal contempt for alleged violations of orders of protection; (D) Issuing injunctions and other appropriate orders in cases of alleged domestic violence; (E) Setting and approving of bonds and release on recognizance of defendants in accordance with applicable law; (F) Issuing mittimus in compliance with § 40-5-103 ; (G) Issuing criminal arrest warrants, criminal summons, and search warrants upon a finding of probable cause; (H) Appointing attorneys for indigent defendants and respondents in accordance with applicable law; (I) Conducting initial appearances in accordance with Rule 5 of the Tennessee Rules of Criminal Procedure; (J) Setting and approving bond for probation violation warrants; (K) Issuing attachments, capias, or conditional bond forfeitures; (L) Conducting compliance review dockets to examine and report to the appropriate judge any findings and conclusions regarding compliance with court orders; (M) Conducting initial appearances for any defendant following arrest for a crime involving domestic abuse when conducted pursuant to the requirements imposed by [former] § 36-3-602(c) [repealed]; and (N) Any other judicial duty not prohibited by the constitution, statute, or applicable rules, when requested by a judge.
(A) Those conferred upon a court by title 36, chapter 3, part 6;
(B) Issuing or denying temporary or ex-parte orders of protection;
(C) Setting and approving bond in cases of civil and criminal contempt for alleged violations of orders of protection;
(D) Issuing injunctions and other appropriate orders in cases of alleged domestic violence;
(E) Setting and approving of bonds and release on recognizance of defendants in accordance with applicable law;
(F) Issuing mittimus in compliance with § 40-5-103 ;
(G) Issuing criminal arrest warrants, criminal summons, and search warrants upon a finding of probable cause;
(H) Appointing attorneys for indigent defendants and respondents in accordance with applicable law;
(I) Conducting initial appearances in accordance with Rule 5 of the Tennessee Rules of Criminal Procedure;
(J) Setting and approving bond for probation violation warrants;
(K) Issuing attachments, capias, or conditional bond forfeitures;
(L) Conducting compliance review dockets to examine and report to the appropriate judge any findings and conclusions regarding compliance with court orders;
(M) Conducting initial appearances for any defendant following arrest for a crime involving domestic abuse when conducted pursuant to the requirements imposed by [former] § 36-3-602(c) [repealed]; and
(N) Any other judicial duty not prohibited by the constitution, statute, or applicable rules, when requested by a judge.
(7) If the domestic abuse magistrate is carrying out one (1) of the duties of the office under this subsection (h), the failure to appear before the magistrate constitutes failure to appear and shall subject the defendant or respondent to arrest and forfeiture of bond.
(8) If the appointed domestic abuse magistrate is absent or unavailable for any reason, the magistrate has the authority to appoint special, substitute, or temporary magistrates to carry out the duties of this section. A substitute magistrate shall be an attorney, licensed to practice law in the courts of this state, a resident of the county of the appointing domestic abuse magistrate, and not less than thirty (30) years of age. An order of appointment for a special, substitute, or temporary magistrate shall be for a fixed period of time and shall be reduced to writing and filed with the fourth circuit court clerk.
(9) The domestic abuse magistrate may also accept appointment by the judge of the fourth circuit court to serve as a special master to the fourth circuit court for any purpose established by the judge. The appointment may be made by the judge at the same time as the appointment to the position of domestic abuse magistrate, or at any time during the magistrate's term.
(i) In a county with more than one (1) general sessions judge in which the judicial commissioners are supervised by the general sessions judges, the management and supervision of any judicial commissioners appointed pursuant to this section must rotate between the general sessions judges having criminal jurisdiction in the county on an annual basis.
Amended by 2024 Tenn. Acts, ch. 786,s 1, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 683,s 5, eff. 4/11/2024.
Amended by 2024 Tenn. Acts, ch. 683,s 4, eff. 4/11/2024.
Amended by 2024 Tenn. Acts, ch. 683,s 3, eff. 4/11/2024.
Amended by 2024 Tenn. Acts, ch. 683,s 2, eff. 4/11/2024.
Amended by 2024 Tenn. Acts, ch. 683,s 1, eff. 4/11/2024.
Amended by 2024 Tenn. Acts, ch. 616,s 1, eff. 3/27/2024.
Amended by 2022 Tenn. Acts, ch. 900, Secs.s 4, s 5, s 6eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 900, s 3, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 64, s 47, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 55, eff. 5/10/2019.
Amended by 2017 Tenn. Acts, ch. 222, s 1, eff. 4/28/2017.
Amended by 2016 Tenn. Acts, ch. 531, Secs.s 2, s 3eff. 2/1/2016.
Amended by 2013 Tenn. Acts, ch. 236, s 33, eff. 4/19/2013.
Acts 1978, ch. 933, § 4; 1979, ch. 15, § 1; 1980, ch. 781, § 1; 1981, ch. 209, §§ 1, 2; T.C.A., § 40-120; Acts 1991, ch. 444, §1; 1993, ch. 241, § 57; 1998, ch. 984, § 1; 2001, ch. 316, §§1, 2; 2004, ch. 685, §1; 2009 , ch. 503, §1; 2010 , ch. 989, §§1, 2; 2012 , ch. 890, § 1; 2012, ch. 1052, §§ 1, 3.
Tenn. Code Ann. § 40-12-217 — TN Code / Title 40 / Chapter 12 / Section 40-12-217
Dissolution - Extension of time to complete investigation
Status: in_force

(a) When a grand jury convened pursuant to this part has completed its investigation, the district attorney general shall promptly file a notice of dissolution with the clerk of the court where the petition seeking the grand jury's empanelling was filed. (b) (1) Upon the filing of the notice required by subsection (a), the functions of the grand jury shall cease and it shall be considered dissolved. (2) In no event, except as provided in this section, shall a grand jury convened pursuant to this part remain impaneled for a period of time to exceed six (6) months from the day it is sworn. (c) (1) Should a period of time exceeding six (6) months be necessary for the grand jury to complete its work, the district attorney general may file an application with the committee described in § 40-12-201 requesting permission to petition the empanelling judge for an extension of the grand jury for a period of time not to exceed six (6) months from the date the petition is granted. (2) The application shall specify why additional time is necessary for the completion of the investigation. (3) If the committee unanimously agrees that an extension of time is necessary, it shall grant written consent to petition the empanelling judge for an extension of the grand jury for the period requested. (4) This written consent shall accompany the petition to the empanelling judge who shall grant the petition if the judge finds an extension of time to be necessary for the grand jury to complete its investigation. (5) No more than two (2) six-month extensions may be obtained pursuant to this section. Acts 1990, ch. 1051, § 1.
(a) When a grand jury convened pursuant to this part has completed its investigation, the district attorney general shall promptly file a notice of dissolution with the clerk of the court where the petition seeking the grand jury's empanelling was filed.
(b) (1) Upon the filing of the notice required by subsection (a), the functions of the grand jury shall cease and it shall be considered dissolved. (2) In no event, except as provided in this section, shall a grand jury convened pursuant to this part remain impaneled for a period of time to exceed six (6) months from the day it is sworn.
(1) Upon the filing of the notice required by subsection (a), the functions of the grand jury shall cease and it shall be considered dissolved.
(2) In no event, except as provided in this section, shall a grand jury convened pursuant to this part remain impaneled for a period of time to exceed six (6) months from the day it is sworn.
(c) (1) Should a period of time exceeding six (6) months be necessary for the grand jury to complete its work, the district attorney general may file an application with the committee described in § 40-12-201 requesting permission to petition the empanelling judge for an extension of the grand jury for a period of time not to exceed six (6) months from the date the petition is granted. (2) The application shall specify why additional time is necessary for the completion of the investigation. (3) If the committee unanimously agrees that an extension of time is necessary, it shall grant written consent to petition the empanelling judge for an extension of the grand jury for the period requested. (4) This written consent shall accompany the petition to the empanelling judge who shall grant the petition if the judge finds an extension of time to be necessary for the grand jury to complete its investigation. (5) No more than two (2) six-month extensions may be obtained pursuant to this section.
(1) Should a period of time exceeding six (6) months be necessary for the grand jury to complete its work, the district attorney general may file an application with the committee described in § 40-12-201 requesting permission to petition the empanelling judge for an extension of the grand jury for a period of time not to exceed six (6) months from the date the petition is granted.
(2) The application shall specify why additional time is necessary for the completion of the investigation.
(3) If the committee unanimously agrees that an extension of time is necessary, it shall grant written consent to petition the empanelling judge for an extension of the grand jury for the period requested.
(4) This written consent shall accompany the petition to the empanelling judge who shall grant the petition if the judge finds an extension of time to be necessary for the grand jury to complete its investigation.
(5) No more than two (2) six-month extensions may be obtained pursuant to this section.
Acts 1990, ch. 1051, § 1.