Tenn. Code Ann. § 38-8-124 — TN Code / Title 38 / Chapter 8 / Section 38-8-124
Providing false information to POST
Status: in_force

(a) In addition to any other penalty prescribed by law, where an applicant for POST certification knowingly includes false or misleading information on an application concerning the applicant's qualifications, experience, training or criminal history, the applicant shall be denied POST certification in this state and shall not be eligible to reapply. (b) (1) Where a POST certified officer obtains POST certification by knowingly providing false or misleading information concerning the officer's qualifications, experience, training or criminal history, POST shall decertify the officer. (2) Any officer decertified by POST under subdivision (b)(1) shall be removed from office and shall not be eligible to apply for a law enforcement position. (c) For purposes of this section, "law enforcement position" means: (1) A state or local employee who exercises law enforcement authority, including, but not limited to, a position with the: (A) Tennessee wildlife resources agency; (B) Tennessee public utility commission; (C) Division of forestry; or (D) Alcoholic beverage commission; (2) A state or local employee exercising quasi-law enforcement authority, including, but not limited to, correctional employees and jailers; or (3) Any support position to an entity or employee under subdivision (c)(1) or (c)(2). Acts 2012, ch. 858, § 1.
(a) In addition to any other penalty prescribed by law, where an applicant for POST certification knowingly includes false or misleading information on an application concerning the applicant's qualifications, experience, training or criminal history, the applicant shall be denied POST certification in this state and shall not be eligible to reapply.
(b) (1) Where a POST certified officer obtains POST certification by knowingly providing false or misleading information concerning the officer's qualifications, experience, training or criminal history, POST shall decertify the officer. (2) Any officer decertified by POST under subdivision (b)(1) shall be removed from office and shall not be eligible to apply for a law enforcement position.
(1) Where a POST certified officer obtains POST certification by knowingly providing false or misleading information concerning the officer's qualifications, experience, training or criminal history, POST shall decertify the officer.
(2) Any officer decertified by POST under subdivision (b)(1) shall be removed from office and shall not be eligible to apply for a law enforcement position.
(c) For purposes of this section, "law enforcement position" means: (1) A state or local employee who exercises law enforcement authority, including, but not limited to, a position with the: (A) Tennessee wildlife resources agency; (B) Tennessee public utility commission; (C) Division of forestry; or (D) Alcoholic beverage commission; (2) A state or local employee exercising quasi-law enforcement authority, including, but not limited to, correctional employees and jailers; or (3) Any support position to an entity or employee under subdivision (c)(1) or (c)(2).
(1) A state or local employee who exercises law enforcement authority, including, but not limited to, a position with the: (A) Tennessee wildlife resources agency; (B) Tennessee public utility commission; (C) Division of forestry; or (D) Alcoholic beverage commission;
(A) Tennessee wildlife resources agency;
(B) Tennessee public utility commission;
(C) Division of forestry; or
(D) Alcoholic beverage commission;
(2) A state or local employee exercising quasi-law enforcement authority, including, but not limited to, correctional employees and jailers; or
(3) Any support position to an entity or employee under subdivision (c)(1) or (c)(2).
Acts 2012, ch. 858, § 1.
Tenn. Code Ann. § 38-8-111 — TN Code / Title 38 / Chapter 8 / Section 38-8-111
In-service training - Cash supplements
Status: in_force

(a) (1) An eligible local unit of government that requires all police officers to complete an in-service training course each calendar year appropriate to the officer's rank and responsibility and the size and location of the officer's department, of at least forty (40) hours duration at a school certified or recognized by the commission, is entitled to receive a pay supplement of eight hundred dollars ($800) for any one (1) officer in any one (1) year, from the commission, to be paid to each officer, in addition to the officer's regular salary. Police officers are eligible for the pay supplement upon successful completion of forty (40) hours of the in-service training. (2) An officer who has not completed eight (8) months of full-time service during the calendar year is not eligible to receive the salary supplement, except in the case of death of the officer, retirement, or medical disability. Upon submission of proper documentation by an officer, the commission shall include time spent in active military service when calculating the required eight (8) months of full-time service. (3) Notwithstanding any other law, rule or regulation to the contrary, any police officer who served or serves on active duty in the armed forces of the United States during Operation Enduring Freedom, or any other period of armed conflict prescribed by presidential proclamation or federal law that occurs following the period involving Operation Enduring Freedom, shall receive the cash salary supplement provided pursuant to this section, if such service prevented or prevents such police officer from attending the in-service training program pursuant to this section. (4) If an officer does not complete the in-service training program required by this section due to the death of the officer while in the line of duty, as determined pursuant to § 7-51-210 , then the officer's designated beneficiary shall receive the cash salary supplement provided pursuant to this section despite the failure to complete the required in-service training. (b) Commission funds made available under subsection (a) to local units shall be received, held and expended in accordance with subsections (a)-(c), including the rules and regulations issued by the commission, and the following specific restrictions: (1) Funds provided shall be used only as a cash salary supplement to police officers; (2) Each police officer shall be entitled to receive the state supplement that the officer's qualifications brought to the local unit; (3) Funds provided shall not be used to supplant existing salaries or as substitutes for normal salary increases periodically due to police officers; and (4) The cash salary supplement shall be considered as a bonus for the successful completion of training and shall not be considered as salary for subsequent years' determination of supplement or retirement purposes. (c) No funds shall be expended under subsections (a)-(c) unless such funds are specifically appropriated for the purposes set forth in subsections (a) and (b). (d) Any municipality or county legislative body may by resolution choose, by a two-thirds (2/3) vote of its entire membership, to establish an in-service training program together with a cash supplement for certified correction officers employed by the municipality or by the county. This program shall be separate from those programs operating pursuant to subsections (a)-(c). Each participating municipality or county shall establish criteria and rules and regulations governing its own program. (e) (1) If the certification of any police officer is revoked on the grounds that such officer supplied or acquiesced in false information being supplied to the commission regarding the officer's eligibility for certification, then the officer shall be ineligible to receive the supplement authorized by this section. If revocation occurs after the supplement has been paid, the officer shall return to the commission the full amount of the supplement paid. If the officer fails to return the supplement within sixty (60) days of the revocation of the certification, the commission may sue to recover the amount of the supplement in the appropriate circuit court. (2) The commission may, in addition to or in lieu of any other lawful action, withhold the next pay supplement due an officer certified under this part if the officer certified under this part fails to notify the executive secretary of the commission of an arrest as prescribed in § 38-8-126(a)(1) . (f) (1) All sheriffs shall complete annual in-service training as set forth in this subsection (f) and shall receive cash salary supplements as provided by the commission for police officers. The commission shall apply the terms and conditions of this chapter to any sheriff with the exceptions contained in this subsection (f), and in performing its duties, the commission shall recognize the sheriff is an elected official without any employing agency. (2) Sheriffs successfully completing the annual training shall receive cash salary supplements in the same manner and under the same conditions as set forth in this part for police officers, except that the commission shall make the funds for salary supplements available to the appropriate counties for payment to sheriffs. (3) The commission shall issue to any sheriff successfully completing recruit training, or possessing its equivalency, and completing continuing annual training, a sheriff's certificate of compliance in the manner in which it issues police officers' certificates of compliance. A sheriff already holding any certificate of compliance from the commission may request the commission to recognize such sheriff's certification. A sheriff receiving a certificate of compliance has a continuing duty to meet all requirements as set forth in this section and § 8-8-102 . In the event a person holding a police officer's certificate of compliance assumes the office of sheriff, the commission shall substitute for the police officer certificate, a sheriff's certificate of compliance. (g) The Tennessee peace officer standards and training commission is authorized to carry out the provisions of § 8-4-115 . Amended by 2019 Tenn. Acts, ch. 152,s 2, eff. 7/1/2019. Amended by 2017 Tenn. Acts, ch. 301,s 3, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 530,s 2, eff. 2/1/2016. Acts 1981, ch. 455, § 11; T.C.A., § 38-11-111; Acts 1987, ch. 374, § 1; 1990, ch. 817, § 1; 1992, ch. 600, § 1; 1993, ch. 374, § 4; 1997, ch. 440, §§ 1-3; 1997, ch. 502, § 6; 2003, ch. 289, § 2; 2007, ch. 567, § 3.
(a) (1) An eligible local unit of government that requires all police officers to complete an in-service training course each calendar year appropriate to the officer's rank and responsibility and the size and location of the officer's department, of at least forty (40) hours duration at a school certified or recognized by the commission, is entitled to receive a pay supplement of eight hundred dollars ($800) for any one (1) officer in any one (1) year, from the commission, to be paid to each officer, in addition to the officer's regular salary. Police officers are eligible for the pay supplement upon successful completion of forty (40) hours of the in-service training. (2) An officer who has not completed eight (8) months of full-time service during the calendar year is not eligible to receive the salary supplement, except in the case of death of the officer, retirement, or medical disability. Upon submission of proper documentation by an officer, the commission shall include time spent in active military service when calculating the required eight (8) months of full-time service. (3) Notwithstanding any other law, rule or regulation to the contrary, any police officer who served or serves on active duty in the armed forces of the United States during Operation Enduring Freedom, or any other period of armed conflict prescribed by presidential proclamation or federal law that occurs following the period involving Operation Enduring Freedom, shall receive the cash salary supplement provided pursuant to this section, if such service prevented or prevents such police officer from attending the in-service training program pursuant to this section. (4) If an officer does not complete the in-service training program required by this section due to the death of the officer while in the line of duty, as determined pursuant to § 7-51-210 , then the officer's designated beneficiary shall receive the cash salary supplement provided pursuant to this section despite the failure to complete the required in-service training.
(1) An eligible local unit of government that requires all police officers to complete an in-service training course each calendar year appropriate to the officer's rank and responsibility and the size and location of the officer's department, of at least forty (40) hours duration at a school certified or recognized by the commission, is entitled to receive a pay supplement of eight hundred dollars ($800) for any one (1) officer in any one (1) year, from the commission, to be paid to each officer, in addition to the officer's regular salary. Police officers are eligible for the pay supplement upon successful completion of forty (40) hours of the in-service training.
(2) An officer who has not completed eight (8) months of full-time service during the calendar year is not eligible to receive the salary supplement, except in the case of death of the officer, retirement, or medical disability. Upon submission of proper documentation by an officer, the commission shall include time spent in active military service when calculating the required eight (8) months of full-time service.
(3) Notwithstanding any other law, rule or regulation to the contrary, any police officer who served or serves on active duty in the armed forces of the United States during Operation Enduring Freedom, or any other period of armed conflict prescribed by presidential proclamation or federal law that occurs following the period involving Operation Enduring Freedom, shall receive the cash salary supplement provided pursuant to this section, if such service prevented or prevents such police officer from attending the in-service training program pursuant to this section.
(4) If an officer does not complete the in-service training program required by this section due to the death of the officer while in the line of duty, as determined pursuant to § 7-51-210 , then the officer's designated beneficiary shall receive the cash salary supplement provided pursuant to this section despite the failure to complete the required in-service training.
(b) Commission funds made available under subsection (a) to local units shall be received, held and expended in accordance with subsections (a)-(c), including the rules and regulations issued by the commission, and the following specific restrictions: (1) Funds provided shall be used only as a cash salary supplement to police officers; (2) Each police officer shall be entitled to receive the state supplement that the officer's qualifications brought to the local unit; (3) Funds provided shall not be used to supplant existing salaries or as substitutes for normal salary increases periodically due to police officers; and (4) The cash salary supplement shall be considered as a bonus for the successful completion of training and shall not be considered as salary for subsequent years' determination of supplement or retirement purposes.
(1) Funds provided shall be used only as a cash salary supplement to police officers;
(2) Each police officer shall be entitled to receive the state supplement that the officer's qualifications brought to the local unit;
(3) Funds provided shall not be used to supplant existing salaries or as substitutes for normal salary increases periodically due to police officers; and
(4) The cash salary supplement shall be considered as a bonus for the successful completion of training and shall not be considered as salary for subsequent years' determination of supplement or retirement purposes.
(c) No funds shall be expended under subsections (a)-(c) unless such funds are specifically appropriated for the purposes set forth in subsections (a) and (b).
(d) Any municipality or county legislative body may by resolution choose, by a two-thirds (2/3) vote of its entire membership, to establish an in-service training program together with a cash supplement for certified correction officers employed by the municipality or by the county. This program shall be separate from those programs operating pursuant to subsections (a)-(c). Each participating municipality or county shall establish criteria and rules and regulations governing its own program.
(e) (1) If the certification of any police officer is revoked on the grounds that such officer supplied or acquiesced in false information being supplied to the commission regarding the officer's eligibility for certification, then the officer shall be ineligible to receive the supplement authorized by this section. If revocation occurs after the supplement has been paid, the officer shall return to the commission the full amount of the supplement paid. If the officer fails to return the supplement within sixty (60) days of the revocation of the certification, the commission may sue to recover the amount of the supplement in the appropriate circuit court. (2) The commission may, in addition to or in lieu of any other lawful action, withhold the next pay supplement due an officer certified under this part if the officer certified under this part fails to notify the executive secretary of the commission of an arrest as prescribed in § 38-8-126(a)(1) .
(1) If the certification of any police officer is revoked on the grounds that such officer supplied or acquiesced in false information being supplied to the commission regarding the officer's eligibility for certification, then the officer shall be ineligible to receive the supplement authorized by this section. If revocation occurs after the supplement has been paid, the officer shall return to the commission the full amount of the supplement paid. If the officer fails to return the supplement within sixty (60) days of the revocation of the certification, the commission may sue to recover the amount of the supplement in the appropriate circuit court.
(2) The commission may, in addition to or in lieu of any other lawful action, withhold the next pay supplement due an officer certified under this part if the officer certified under this part fails to notify the executive secretary of the commission of an arrest as prescribed in § 38-8-126(a)(1) .
(f) (1) All sheriffs shall complete annual in-service training as set forth in this subsection (f) and shall receive cash salary supplements as provided by the commission for police officers. The commission shall apply the terms and conditions of this chapter to any sheriff with the exceptions contained in this subsection (f), and in performing its duties, the commission shall recognize the sheriff is an elected official without any employing agency. (2) Sheriffs successfully completing the annual training shall receive cash salary supplements in the same manner and under the same conditions as set forth in this part for police officers, except that the commission shall make the funds for salary supplements available to the appropriate counties for payment to sheriffs. (3) The commission shall issue to any sheriff successfully completing recruit training, or possessing its equivalency, and completing continuing annual training, a sheriff's certificate of compliance in the manner in which it issues police officers' certificates of compliance. A sheriff already holding any certificate of compliance from the commission may request the commission to recognize such sheriff's certification. A sheriff receiving a certificate of compliance has a continuing duty to meet all requirements as set forth in this section and § 8-8-102 . In the event a person holding a police officer's certificate of compliance assumes the office of sheriff, the commission shall substitute for the police officer certificate, a sheriff's certificate of compliance.
(1) All sheriffs shall complete annual in-service training as set forth in this subsection (f) and shall receive cash salary supplements as provided by the commission for police officers. The commission shall apply the terms and conditions of this chapter to any sheriff with the exceptions contained in this subsection (f), and in performing its duties, the commission shall recognize the sheriff is an elected official without any employing agency.
(2) Sheriffs successfully completing the annual training shall receive cash salary supplements in the same manner and under the same conditions as set forth in this part for police officers, except that the commission shall make the funds for salary supplements available to the appropriate counties for payment to sheriffs.
(3) The commission shall issue to any sheriff successfully completing recruit training, or possessing its equivalency, and completing continuing annual training, a sheriff's certificate of compliance in the manner in which it issues police officers' certificates of compliance. A sheriff already holding any certificate of compliance from the commission may request the commission to recognize such sheriff's certification. A sheriff receiving a certificate of compliance has a continuing duty to meet all requirements as set forth in this section and § 8-8-102 . In the event a person holding a police officer's certificate of compliance assumes the office of sheriff, the commission shall substitute for the police officer certificate, a sheriff's certificate of compliance.
(g) The Tennessee peace officer standards and training commission is authorized to carry out the provisions of § 8-4-115 .
Amended by 2019 Tenn. Acts, ch. 152,s 2, eff. 7/1/2019.
Amended by 2017 Tenn. Acts, ch. 301,s 3, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 530,s 2, eff. 2/1/2016.
Acts 1981, ch. 455, § 11; T.C.A., § 38-11-111; Acts 1987, ch. 374, § 1; 1990, ch. 817, § 1; 1992, ch. 600, § 1; 1993, ch. 374, § 4; 1997, ch. 440, §§ 1-3; 1997, ch. 502, § 6; 2003, ch. 289, § 2; 2007, ch. 567, § 3.
Tenn. Code Ann. § 38-6-113 — TN Code / Title 38 / Chapter 6 / Section 38-6-113
DNA analysis - Procedures for collection and preservation of human biological specimens
Status: in_force

(a) As used in this section, unless the context otherwise requires, "DNA analysis" means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another biological specimen for identification purposes. (b) The Tennessee bureau of investigation shall develop uniform procedures for the collection and preservation of human biological specimens for DNA analysis in cases of alleged or suspected violations of § 39-13-502 , § 39-13-503 , § 39-13-504 , § 39-13-505 , § 39-13-522 or § 39-15-302 . Law enforcement agencies and medical personnel who conduct evidentiary examinations shall use the uniform procedures in their investigation of the above offenses. (c) (1) The bureau shall adopt uniform procedures to maintain, preserve and analyze human biological specimens for DNA. The bureau shall establish a centralized system to cross-reference data obtained from DNA analysis. The centralized system shall contain convicted felon profiles, forensic unknown profiles, criminal suspect profiles, violent juvenile sexual offender profiles, and missing person profiles. The detention, arrest or conviction of a person based upon a databank match or database information is not invalidated, if it is later determined that the specimens or samples were obtained or placed in the database by mistake. (2) For purposes of this subsection (c), "violent juvenile sexual offender" means any person adjudicated delinquent for any act that if committed by an adult would constitute a violation of § 39-13-502 , § 39-13-503 , § 39-13-504 , § 39-13-505 , § 39-13-522 , § 39-13-531 or § 39-15-302 . (d) The bureau shall perform DNA analysis and make data obtained available to law enforcement officials in connection with appropriate criminal investigations in which human biological specimens have been recovered. The bureau shall also make the data available to the district attorney general, and the subject of the data in any subsequent criminal prosecution of the subject. (e) (1) Until January 1, 2025, the bureau must provide quarterly updates on the bureau's efforts to hire and train employees within the forensic services division and the average amount of time taken to perform forensic analysis on evidence in cases involving offenses under title 39, chapter 13, part 5, to the judiciary committee of the senate and the criminal justice committee of the house of representatives. (2) By January 1, 2025, the bureau must submit a report to the judiciary and finance, ways and means committees of the senate and the criminal justice and finance, ways, and means committees of the house of representatives detailing any additional resources and personnel that would be required in order to perform forensic analysis on evidence in cases involving offenses under title 39, chapter 13, part 5, within sixty (60) days of the bureau's receipt of the evidence from a law enforcement agency. Amended by 2023 Tenn. Acts, ch. 249, s 1, eff. 4/28/2023. Acts 1991, ch. 480, § 1; 1995, ch. 131, § 1; 2006, ch. 723, § 1; 2010 , ch. 964, § 1.
(a) As used in this section, unless the context otherwise requires, "DNA analysis" means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another biological specimen for identification purposes.
(b) The Tennessee bureau of investigation shall develop uniform procedures for the collection and preservation of human biological specimens for DNA analysis in cases of alleged or suspected violations of § 39-13-502 , § 39-13-503 , § 39-13-504 , § 39-13-505 , § 39-13-522 or § 39-15-302 . Law enforcement agencies and medical personnel who conduct evidentiary examinations shall use the uniform procedures in their investigation of the above offenses.
(c) (1) The bureau shall adopt uniform procedures to maintain, preserve and analyze human biological specimens for DNA. The bureau shall establish a centralized system to cross-reference data obtained from DNA analysis. The centralized system shall contain convicted felon profiles, forensic unknown profiles, criminal suspect profiles, violent juvenile sexual offender profiles, and missing person profiles. The detention, arrest or conviction of a person based upon a databank match or database information is not invalidated, if it is later determined that the specimens or samples were obtained or placed in the database by mistake. (2) For purposes of this subsection (c), "violent juvenile sexual offender" means any person adjudicated delinquent for any act that if committed by an adult would constitute a violation of § 39-13-502 , § 39-13-503 , § 39-13-504 , § 39-13-505 , § 39-13-522 , § 39-13-531 or § 39-15-302 .
(1) The bureau shall adopt uniform procedures to maintain, preserve and analyze human biological specimens for DNA. The bureau shall establish a centralized system to cross-reference data obtained from DNA analysis. The centralized system shall contain convicted felon profiles, forensic unknown profiles, criminal suspect profiles, violent juvenile sexual offender profiles, and missing person profiles. The detention, arrest or conviction of a person based upon a databank match or database information is not invalidated, if it is later determined that the specimens or samples were obtained or placed in the database by mistake.
(2) For purposes of this subsection (c), "violent juvenile sexual offender" means any person adjudicated delinquent for any act that if committed by an adult would constitute a violation of § 39-13-502 , § 39-13-503 , § 39-13-504 , § 39-13-505 , § 39-13-522 , § 39-13-531 or § 39-15-302 .
(d) The bureau shall perform DNA analysis and make data obtained available to law enforcement officials in connection with appropriate criminal investigations in which human biological specimens have been recovered. The bureau shall also make the data available to the district attorney general, and the subject of the data in any subsequent criminal prosecution of the subject.
(e) (1) Until January 1, 2025, the bureau must provide quarterly updates on the bureau's efforts to hire and train employees within the forensic services division and the average amount of time taken to perform forensic analysis on evidence in cases involving offenses under title 39, chapter 13, part 5, to the judiciary committee of the senate and the criminal justice committee of the house of representatives. (2) By January 1, 2025, the bureau must submit a report to the judiciary and finance, ways and means committees of the senate and the criminal justice and finance, ways, and means committees of the house of representatives detailing any additional resources and personnel that would be required in order to perform forensic analysis on evidence in cases involving offenses under title 39, chapter 13, part 5, within sixty (60) days of the bureau's receipt of the evidence from a law enforcement agency.
(1) Until January 1, 2025, the bureau must provide quarterly updates on the bureau's efforts to hire and train employees within the forensic services division and the average amount of time taken to perform forensic analysis on evidence in cases involving offenses under title 39, chapter 13, part 5, to the judiciary committee of the senate and the criminal justice committee of the house of representatives.
(2) By January 1, 2025, the bureau must submit a report to the judiciary and finance, ways and means committees of the senate and the criminal justice and finance, ways, and means committees of the house of representatives detailing any additional resources and personnel that would be required in order to perform forensic analysis on evidence in cases involving offenses under title 39, chapter 13, part 5, within sixty (60) days of the bureau's receipt of the evidence from a law enforcement agency.
Amended by 2023 Tenn. Acts, ch. 249, s 1, eff. 4/28/2023.
Acts 1991, ch. 480, § 1; 1995, ch. 131, § 1; 2006, ch. 723, § 1; 2010 , ch. 964, § 1.
Tenn. Code Ann. § 38-8-118 — TN Code / Title 38 / Chapter 8 / Section 38-8-118
Employment of private special deputies for security and law enforcement
Status: in_force

(a) (1) A resort area owner or management company may employ one (1) or more persons to act as private special deputies, in order to provide on-site security and law enforcement capability for residents and guests of the resort area and for resort area property. (2) An independent contractor who provides on-site security and law enforcement capability for federal government property that is an air force base and home to a development center that is the most advanced and largest complex of flight simulation test facilities in the world may employ one (1) or more persons to act as private special deputies for such purposes. (b) (1) (A) Upon employing a person for security and law enforcement purposes, the resort area shall seek appointment of the person as a private special deputy by the sheriff of the county where the resort is located, in accordance with § 8-8-212 . (B) Upon employing a person for security and law enforcement purposes pursuant to subdivision (a)(2), the independent contractor shall seek appointment of the person as a private special deputy by the sheriff of the county where the government property is located, in accordance with § 8-8-212 . (2) No person may serve as a private special deputy, unless the person proves financial responsibility, to the appointing sheriff, as evidenced by a corporate surety bond in no less amount than fifty thousand dollars ($50,000), or by a liability insurance policy of the employer in no less amount than fifty thousand dollars ($50,000). (3) The sheriff shall appoint the person as a private special deputy, if the person seeking appointment demonstrates to the sheriff that the person: (A) Meets all of the qualifications for a police officer set out in § 38-8-106 ; (B) Proves financial responsibility as provided in subdivision (b)(2); and (C) Has received training or continuing training, from whatever source, that is equivalent to or superior to the training or continuing training required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers. (c) (1) When properly appointed by the appropriate sheriff, the private special deputy shall be authorized to act independently of other law enforcement agencies and shall have all the police powers necessary to enforce all state laws, as well as rules and regulations of the resort area. The authority granted extends to all facilities or property owned, leased or operated by the employing resort, including any public roads or rights-of-way that are contiguous to, within the perimeter of, or connect between the facilities, property, or interests of a particular institution. (2) The authority granted to private special deputies pursuant to subdivision (b)(1)(B) extends to all facilities or property over which the independent contractor employing such deputies has been given authority by the employing governmental entity to provide on-site security and law enforcement services, including any public roads or rights-of-way that are contiguous to, within the perimeter of, or connect between the facilities, property or interests of the governmental property. (d) (1) Anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any private special deputy appointed by the sheriff, but not employed by the sheriff or the county, shall not bring suit against the sheriff or the county, and the sheriff and county shall be immune from such suits, and the plaintiff shall be required to pursue the remedy against the private special deputy and/or the employer or employers of the private special deputy, whether the private special deputy is acting within the scope of employment or not. (2) Notwithstanding this subsection (d), § 8-8-303 or any other law to the contrary, the governmental immunity of the county in which a sheriff has appointed a private special deputy or deputies is not waived for any wrong, injury, loss, damage or expense resulting from an act or omission of the private special deputy under the following circumstances: (A) The sheriff's department of the county has entered into a mutual assistance agreement with the resort area owner or management company or with the independent contractor providing on-site security and law enforcement capability for federal government property described in subdivision (a)(2) that employs the private special deputy or deputies; (B) The act or omission occurred while the private special deputy was involved in official law enforcement duties after having been dispatched by the sheriff to respond to a call, provide backup or otherwise assist the sheriff's department in a law enforcement capacity or at the scene of an accident, crime or other incident; and (C) The crime or incident to which the private special deputy was dispatched was outside the boundaries of the governmental property described in subdivision (a)(2) or resort area, as established in subsection (c). (e) This section shall not entitle any private special deputy to any public funding, for training or otherwise. Acts 2006, ch. 862, § 2; 2009, ch. 284, §§ 1-5.
(a) (1) A resort area owner or management company may employ one (1) or more persons to act as private special deputies, in order to provide on-site security and law enforcement capability for residents and guests of the resort area and for resort area property. (2) An independent contractor who provides on-site security and law enforcement capability for federal government property that is an air force base and home to a development center that is the most advanced and largest complex of flight simulation test facilities in the world may employ one (1) or more persons to act as private special deputies for such purposes.
(1) A resort area owner or management company may employ one (1) or more persons to act as private special deputies, in order to provide on-site security and law enforcement capability for residents and guests of the resort area and for resort area property.
(2) An independent contractor who provides on-site security and law enforcement capability for federal government property that is an air force base and home to a development center that is the most advanced and largest complex of flight simulation test facilities in the world may employ one (1) or more persons to act as private special deputies for such purposes.
(b) (1) (A) Upon employing a person for security and law enforcement purposes, the resort area shall seek appointment of the person as a private special deputy by the sheriff of the county where the resort is located, in accordance with § 8-8-212 . (B) Upon employing a person for security and law enforcement purposes pursuant to subdivision (a)(2), the independent contractor shall seek appointment of the person as a private special deputy by the sheriff of the county where the government property is located, in accordance with § 8-8-212 . (2) No person may serve as a private special deputy, unless the person proves financial responsibility, to the appointing sheriff, as evidenced by a corporate surety bond in no less amount than fifty thousand dollars ($50,000), or by a liability insurance policy of the employer in no less amount than fifty thousand dollars ($50,000). (3) The sheriff shall appoint the person as a private special deputy, if the person seeking appointment demonstrates to the sheriff that the person: (A) Meets all of the qualifications for a police officer set out in § 38-8-106 ; (B) Proves financial responsibility as provided in subdivision (b)(2); and (C) Has received training or continuing training, from whatever source, that is equivalent to or superior to the training or continuing training required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers.
(1) (A) Upon employing a person for security and law enforcement purposes, the resort area shall seek appointment of the person as a private special deputy by the sheriff of the county where the resort is located, in accordance with § 8-8-212 . (B) Upon employing a person for security and law enforcement purposes pursuant to subdivision (a)(2), the independent contractor shall seek appointment of the person as a private special deputy by the sheriff of the county where the government property is located, in accordance with § 8-8-212 .
(A) Upon employing a person for security and law enforcement purposes, the resort area shall seek appointment of the person as a private special deputy by the sheriff of the county where the resort is located, in accordance with § 8-8-212 .
(B) Upon employing a person for security and law enforcement purposes pursuant to subdivision (a)(2), the independent contractor shall seek appointment of the person as a private special deputy by the sheriff of the county where the government property is located, in accordance with § 8-8-212 .
(2) No person may serve as a private special deputy, unless the person proves financial responsibility, to the appointing sheriff, as evidenced by a corporate surety bond in no less amount than fifty thousand dollars ($50,000), or by a liability insurance policy of the employer in no less amount than fifty thousand dollars ($50,000).
(3) The sheriff shall appoint the person as a private special deputy, if the person seeking appointment demonstrates to the sheriff that the person: (A) Meets all of the qualifications for a police officer set out in § 38-8-106 ; (B) Proves financial responsibility as provided in subdivision (b)(2); and (C) Has received training or continuing training, from whatever source, that is equivalent to or superior to the training or continuing training required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers.
(A) Meets all of the qualifications for a police officer set out in § 38-8-106 ;
(B) Proves financial responsibility as provided in subdivision (b)(2); and
(C) Has received training or continuing training, from whatever source, that is equivalent to or superior to the training or continuing training required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers.
(c) (1) When properly appointed by the appropriate sheriff, the private special deputy shall be authorized to act independently of other law enforcement agencies and shall have all the police powers necessary to enforce all state laws, as well as rules and regulations of the resort area. The authority granted extends to all facilities or property owned, leased or operated by the employing resort, including any public roads or rights-of-way that are contiguous to, within the perimeter of, or connect between the facilities, property, or interests of a particular institution. (2) The authority granted to private special deputies pursuant to subdivision (b)(1)(B) extends to all facilities or property over which the independent contractor employing such deputies has been given authority by the employing governmental entity to provide on-site security and law enforcement services, including any public roads or rights-of-way that are contiguous to, within the perimeter of, or connect between the facilities, property or interests of the governmental property.
(1) When properly appointed by the appropriate sheriff, the private special deputy shall be authorized to act independently of other law enforcement agencies and shall have all the police powers necessary to enforce all state laws, as well as rules and regulations of the resort area. The authority granted extends to all facilities or property owned, leased or operated by the employing resort, including any public roads or rights-of-way that are contiguous to, within the perimeter of, or connect between the facilities, property, or interests of a particular institution.
(2) The authority granted to private special deputies pursuant to subdivision (b)(1)(B) extends to all facilities or property over which the independent contractor employing such deputies has been given authority by the employing governmental entity to provide on-site security and law enforcement services, including any public roads or rights-of-way that are contiguous to, within the perimeter of, or connect between the facilities, property or interests of the governmental property.
(d) (1) Anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any private special deputy appointed by the sheriff, but not employed by the sheriff or the county, shall not bring suit against the sheriff or the county, and the sheriff and county shall be immune from such suits, and the plaintiff shall be required to pursue the remedy against the private special deputy and/or the employer or employers of the private special deputy, whether the private special deputy is acting within the scope of employment or not. (2) Notwithstanding this subsection (d), § 8-8-303 or any other law to the contrary, the governmental immunity of the county in which a sheriff has appointed a private special deputy or deputies is not waived for any wrong, injury, loss, damage or expense resulting from an act or omission of the private special deputy under the following circumstances: (A) The sheriff's department of the county has entered into a mutual assistance agreement with the resort area owner or management company or with the independent contractor providing on-site security and law enforcement capability for federal government property described in subdivision (a)(2) that employs the private special deputy or deputies; (B) The act or omission occurred while the private special deputy was involved in official law enforcement duties after having been dispatched by the sheriff to respond to a call, provide backup or otherwise assist the sheriff's department in a law enforcement capacity or at the scene of an accident, crime or other incident; and (C) The crime or incident to which the private special deputy was dispatched was outside the boundaries of the governmental property described in subdivision (a)(2) or resort area, as established in subsection (c).
(1) Anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any private special deputy appointed by the sheriff, but not employed by the sheriff or the county, shall not bring suit against the sheriff or the county, and the sheriff and county shall be immune from such suits, and the plaintiff shall be required to pursue the remedy against the private special deputy and/or the employer or employers of the private special deputy, whether the private special deputy is acting within the scope of employment or not.
(2) Notwithstanding this subsection (d), § 8-8-303 or any other law to the contrary, the governmental immunity of the county in which a sheriff has appointed a private special deputy or deputies is not waived for any wrong, injury, loss, damage or expense resulting from an act or omission of the private special deputy under the following circumstances: (A) The sheriff's department of the county has entered into a mutual assistance agreement with the resort area owner or management company or with the independent contractor providing on-site security and law enforcement capability for federal government property described in subdivision (a)(2) that employs the private special deputy or deputies; (B) The act or omission occurred while the private special deputy was involved in official law enforcement duties after having been dispatched by the sheriff to respond to a call, provide backup or otherwise assist the sheriff's department in a law enforcement capacity or at the scene of an accident, crime or other incident; and (C) The crime or incident to which the private special deputy was dispatched was outside the boundaries of the governmental property described in subdivision (a)(2) or resort area, as established in subsection (c).
(A) The sheriff's department of the county has entered into a mutual assistance agreement with the resort area owner or management company or with the independent contractor providing on-site security and law enforcement capability for federal government property described in subdivision (a)(2) that employs the private special deputy or deputies;
(B) The act or omission occurred while the private special deputy was involved in official law enforcement duties after having been dispatched by the sheriff to respond to a call, provide backup or otherwise assist the sheriff's department in a law enforcement capacity or at the scene of an accident, crime or other incident; and
(C) The crime or incident to which the private special deputy was dispatched was outside the boundaries of the governmental property described in subdivision (a)(2) or resort area, as established in subsection (c).
(e) This section shall not entitle any private special deputy to any public funding, for training or otherwise.
Acts 2006, ch. 862, § 2; 2009, ch. 284, §§ 1-5.
Tenn. Code Ann. § 38-1-203 — TN Code / Title 38 / Chapter 1 / Section 38-1-203
Records of transactions
Status: in_force

(a) Every person or corporation dealing in the items described in § 38-1-201 shall keep a log in duplicate and shall enter on the log: (1) A clear and accurate description of any items of jewelry or precious metals purchased, including, if applicable: (A) Brand name; (B) Model number; (C) Serial number, if issued by the manufacturer and not intentionally defaced, altered or removed; (D) Size; (E) Color, as apparent to the untrained eye, not applicable to diamonds; (F) Precious metal type, content and weight, if indicated; (G) Gemstone description, including the number of stones; and (H) Any other unique identifying marks, numbers, names or letters; (2) Information on the seller, including: name, race, sex, height, weight, date of birth, residence address and numbers from the items used as identification. Acceptable items of identification are one (1) of the following documents: (A) A state-issued driver license; (B) A state-issued identification card; (C) A passport; (D) A valid military identification; (E) A nonresident alien border crossing card; (F) A resident alien border crossing card; or (G) A United States immigration and naturalization service identification; and (3) The date and amount of money paid for the items. (b) The seller and the purchaser shall sign the log below the description of each transaction. (c) On each day the purchaser shall transact business of the type described within this section, the purchaser shall deliver to the sheriff and the chief of police of each county or municipality in which the business is conducted a copy of the log concerning that day's business; and the copy of the log shall be delivered by twelve o'clock (12:00) noon of the day following the date of the transaction. The book shall be carefully preserved without alteration and shall at all times be open to the inspection of the sheriff of the county and the chief of police or any deputy or police officer of the city or county. Acts 1980, ch. 766, § 3; T.C.A., § 38-608; Acts 2009, ch. 282, § 2.
(a) Every person or corporation dealing in the items described in § 38-1-201 shall keep a log in duplicate and shall enter on the log: (1) A clear and accurate description of any items of jewelry or precious metals purchased, including, if applicable: (A) Brand name; (B) Model number; (C) Serial number, if issued by the manufacturer and not intentionally defaced, altered or removed; (D) Size; (E) Color, as apparent to the untrained eye, not applicable to diamonds; (F) Precious metal type, content and weight, if indicated; (G) Gemstone description, including the number of stones; and (H) Any other unique identifying marks, numbers, names or letters; (2) Information on the seller, including: name, race, sex, height, weight, date of birth, residence address and numbers from the items used as identification. Acceptable items of identification are one (1) of the following documents: (A) A state-issued driver license; (B) A state-issued identification card; (C) A passport; (D) A valid military identification; (E) A nonresident alien border crossing card; (F) A resident alien border crossing card; or (G) A United States immigration and naturalization service identification; and (3) The date and amount of money paid for the items.
(1) A clear and accurate description of any items of jewelry or precious metals purchased, including, if applicable: (A) Brand name; (B) Model number; (C) Serial number, if issued by the manufacturer and not intentionally defaced, altered or removed; (D) Size; (E) Color, as apparent to the untrained eye, not applicable to diamonds; (F) Precious metal type, content and weight, if indicated; (G) Gemstone description, including the number of stones; and (H) Any other unique identifying marks, numbers, names or letters;
(A) Brand name;
(B) Model number;
(C) Serial number, if issued by the manufacturer and not intentionally defaced, altered or removed;
(D) Size;
(E) Color, as apparent to the untrained eye, not applicable to diamonds;
(F) Precious metal type, content and weight, if indicated;
(G) Gemstone description, including the number of stones; and
(H) Any other unique identifying marks, numbers, names or letters;
(2) Information on the seller, including: name, race, sex, height, weight, date of birth, residence address and numbers from the items used as identification. Acceptable items of identification are one (1) of the following documents: (A) A state-issued driver license; (B) A state-issued identification card; (C) A passport; (D) A valid military identification; (E) A nonresident alien border crossing card; (F) A resident alien border crossing card; or (G) A United States immigration and naturalization service identification; and
(A) A state-issued driver license;
(B) A state-issued identification card;
(C) A passport;
(D) A valid military identification;
(E) A nonresident alien border crossing card;
(F) A resident alien border crossing card; or
(G) A United States immigration and naturalization service identification; and
(3) The date and amount of money paid for the items.
(b) The seller and the purchaser shall sign the log below the description of each transaction.
(c) On each day the purchaser shall transact business of the type described within this section, the purchaser shall deliver to the sheriff and the chief of police of each county or municipality in which the business is conducted a copy of the log concerning that day's business; and the copy of the log shall be delivered by twelve o'clock (12:00) noon of the day following the date of the transaction. The book shall be carefully preserved without alteration and shall at all times be open to the inspection of the sheriff of the county and the chief of police or any deputy or police officer of the city or county.
Acts 1980, ch. 766, § 3; T.C.A., § 38-608; Acts 2009, ch. 282, § 2.
Tenn. Code Ann. § 38-1-502 — TN Code / Title 38 / Chapter 1 / Section 38-1-502
Part definitions
Status: in_force

As used in this part: (1) "Law enforcement agency": (A) Means a lawfully established state or local public agency that: (i) Is responsible for preventing and detecting crime and enforcing laws or local ordinances; and (ii) Has employees who are authorized to make arrests for crimes while acting within the scope of their authority; and (B) Includes an institution considered a "law enforcement agency" pursuant to § 49-7-118 ; and (2) "Racial profiling" means the detention or interdiction of an individual in traffic contacts, field contacts, or asset seizure and forfeiture efforts solely on the basis of the individual's actual or perceived race, color, ethnicity, or national origin. Added by 2015 Tenn. Acts, ch. 335,s 1, eff. 5/4/2015.
As used in this part:
(1) "Law enforcement agency": (A) Means a lawfully established state or local public agency that: (i) Is responsible for preventing and detecting crime and enforcing laws or local ordinances; and (ii) Has employees who are authorized to make arrests for crimes while acting within the scope of their authority; and (B) Includes an institution considered a "law enforcement agency" pursuant to § 49-7-118 ; and
(A) Means a lawfully established state or local public agency that: (i) Is responsible for preventing and detecting crime and enforcing laws or local ordinances; and (ii) Has employees who are authorized to make arrests for crimes while acting within the scope of their authority; and
(i) Is responsible for preventing and detecting crime and enforcing laws or local ordinances; and
(ii) Has employees who are authorized to make arrests for crimes while acting within the scope of their authority; and
(B) Includes an institution considered a "law enforcement agency" pursuant to § 49-7-118 ; and
(2) "Racial profiling" means the detention or interdiction of an individual in traffic contacts, field contacts, or asset seizure and forfeiture efforts solely on the basis of the individual's actual or perceived race, color, ethnicity, or national origin.
Added by 2015 Tenn. Acts, ch. 335,s 1, eff. 5/4/2015.
Tenn. Code Ann. § 38-9-106 — TN Code / Title 38 / Chapter 9 / Section 38-9-106
Exceptions to curfew
Status: in_force

Any curfew as defined in this chapter shall not apply to persons lawfully on the streets and public places during a civil emergency who have obtained permission of the local chief of police or other law enforcement officer then in charge of municipal law enforcement, which permission shall be granted on good cause shown. This curfew also shall not apply to medical personnel in the performance of their duties. Acts 1968, ch. 485, § 6; T.C.A., § 38-906.
Any curfew as defined in this chapter shall not apply to persons lawfully on the streets and public places during a civil emergency who have obtained permission of the local chief of police or other law enforcement officer then in charge of municipal law enforcement, which permission shall be granted on good cause shown. This curfew also shall not apply to medical personnel in the performance of their duties.
Acts 1968, ch. 485, § 6; T.C.A., § 38-906.
Tenn. Code Ann. § 38-3-102 — TN Code / Title 38 / Chapter 3 / Section 38-3-102
Duties of sheriff
Status: in_force

(a) The sheriff is the principal conservator of the peace in the sheriff's county. It is the sheriff's duty to suppress all affrays, riots, routs, unlawful assemblies, insurrections, or other breaches of the peace, to do which the sheriff may summon to such sheriff's aid as many of the inhabitants of the county as such sheriff thinks proper. (b) It shall be the duty of the sheriffs, in their respective counties, by themselves or deputies, to patrol the roads of the county, to ferret out crimes, to secure evidence of crimes, and to apprehend and arrest criminals. Code 1858, § 4933; Shan., § 6894; Code 1932, § 11418; T.C.A. (orig. ed.), § 38-202; Acts 2005, ch. 142, § 2.
(a) The sheriff is the principal conservator of the peace in the sheriff's county. It is the sheriff's duty to suppress all affrays, riots, routs, unlawful assemblies, insurrections, or other breaches of the peace, to do which the sheriff may summon to such sheriff's aid as many of the inhabitants of the county as such sheriff thinks proper.
(b) It shall be the duty of the sheriffs, in their respective counties, by themselves or deputies, to patrol the roads of the county, to ferret out crimes, to secure evidence of crimes, and to apprehend and arrest criminals.
Code 1858, § 4933; Shan., § 6894; Code 1932, § 11418; T.C.A. (orig. ed.), § 38-202; Acts 2005, ch. 142, § 2.
Tenn. Code Ann. § 38-6-114 — TN Code / Title 38 / Chapter 6 / Section 38-6-114
Course of instruction concerning human trafficking
Status: in_force

(a) The Tennessee bureau of investigation shall, by January 1, 2016: (1) Implement a course or courses of instruction, composed of live instruction, telecommunication, video or other medium, or any combination of methods, for the training of law enforcement officers and other government officials who are directly involved with human trafficking, including the investigation of and the intake of human trafficking complaints; and (2) Develop recommended best practice uniform protocols and procedures for law enforcement response to human trafficking. (b) (1) The course or courses of instruction and the guidelines shall emphasize: (A) The dynamics and manifestations of human trafficking; (B) Identifying and communicating with victims; (C) Providing documentation that satisfies the peace officers standards and training (POST) commission requirements; (D) Collaboration with federal law enforcement officials; (E) Appropriate investigative techniques for the particular victim or victim type; (F) The availability of civil and immigration remedies and community resources; and (G) Protection of the victim. (2) Where appropriate, the trainers shall include presentations by human trafficking experts with experience in the delivery of direct services to victims of human trafficking. (3) Completion of the course may be satisfied by telecommunication, video recording, or other instruction presentation method where an instructor on site is not required. (c) (1) A law enforcement officer who is assigned field or investigative duties shall complete a minimum of two (2) hours of training in a course or courses of instruction pertaining to the handling of human trafficking complaints as described in subsection (b). (2) An officer must complete the training hours required by subdivision (c)(1) by July 1, 2017, or within six (6) months from the officer's date of employment as a full-time law enforcement officer, whichever is later. (d) (1) The Tennessee bureau of investigation shall employ four (4) additional persons qualified to serve as special agents whose duties it will be to provide training pursuant to this section, investigate, and develop criminal cases involving human trafficking offenses throughout the state. (2) Once the additional special agents are employed, they shall be assigned so that all regions of the state are equally represented. (e) (1) In addition to the course of instruction provided to law enforcement officers pursuant to subsection (a), the Tennessee bureau of investigation shall develop and deliver a course of instruction designed for various agencies and departments likely to come into contact with human trafficking and human trafficking victims during the course of delivering services. Departments, agencies, or associations included in this course of instruction are: (A) Council of juvenile and family court judges, including juvenile court administrators, juvenile court youth services officers, and juvenile court probation officers; (B) Department of children's services; (C) Department of education; (D) Department of health; (E) Department of human services; (F) Department of mental health and substance abuse services; (G) Department of safety; (H) Department of labor and workforce development; (I) District attorneys general conference; (J) District public defenders conference; (K) Office of the attorney general and reporter; (L) Tennessee association of chiefs of police; (M) [Deleted by 2017 amendment.] (N) Tennessee sheriffs' association; (O) Tennessee judicial conference; (P) Tennessee general sessions judges conference; and (Q) Clerks of court conference. (2) In developing the course of instruction pursuant to this subsection (e), the Tennessee bureau of investigation shall consult with the human trafficking task force or individual members of the task force. (f) Furnishing personnel and appropriations for the training course is the sole responsibility of the Tennessee bureau of investigation. Departments, agencies, or associations included under subsection (e) shall be provided the training at no cost to the department, agency, or association. Amended by 2017 Tenn. Acts, ch. 326,s 3, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 979,s 2, eff. 7/1/2016. Added by 2015 Tenn. Acts, ch. 503,s 1, eff. 7/1/2015.
(a) The Tennessee bureau of investigation shall, by January 1, 2016: (1) Implement a course or courses of instruction, composed of live instruction, telecommunication, video or other medium, or any combination of methods, for the training of law enforcement officers and other government officials who are directly involved with human trafficking, including the investigation of and the intake of human trafficking complaints; and (2) Develop recommended best practice uniform protocols and procedures for law enforcement response to human trafficking.
(1) Implement a course or courses of instruction, composed of live instruction, telecommunication, video or other medium, or any combination of methods, for the training of law enforcement officers and other government officials who are directly involved with human trafficking, including the investigation of and the intake of human trafficking complaints; and
(2) Develop recommended best practice uniform protocols and procedures for law enforcement response to human trafficking.
(b) (1) The course or courses of instruction and the guidelines shall emphasize: (A) The dynamics and manifestations of human trafficking; (B) Identifying and communicating with victims; (C) Providing documentation that satisfies the peace officers standards and training (POST) commission requirements; (D) Collaboration with federal law enforcement officials; (E) Appropriate investigative techniques for the particular victim or victim type; (F) The availability of civil and immigration remedies and community resources; and (G) Protection of the victim. (2) Where appropriate, the trainers shall include presentations by human trafficking experts with experience in the delivery of direct services to victims of human trafficking. (3) Completion of the course may be satisfied by telecommunication, video recording, or other instruction presentation method where an instructor on site is not required.
(1) The course or courses of instruction and the guidelines shall emphasize: (A) The dynamics and manifestations of human trafficking; (B) Identifying and communicating with victims; (C) Providing documentation that satisfies the peace officers standards and training (POST) commission requirements; (D) Collaboration with federal law enforcement officials; (E) Appropriate investigative techniques for the particular victim or victim type; (F) The availability of civil and immigration remedies and community resources; and (G) Protection of the victim.
(A) The dynamics and manifestations of human trafficking;
(B) Identifying and communicating with victims;
(C) Providing documentation that satisfies the peace officers standards and training (POST) commission requirements;
(D) Collaboration with federal law enforcement officials;
(E) Appropriate investigative techniques for the particular victim or victim type;
(F) The availability of civil and immigration remedies and community resources; and
(G) Protection of the victim.
(2) Where appropriate, the trainers shall include presentations by human trafficking experts with experience in the delivery of direct services to victims of human trafficking.
(3) Completion of the course may be satisfied by telecommunication, video recording, or other instruction presentation method where an instructor on site is not required.
(c) (1) A law enforcement officer who is assigned field or investigative duties shall complete a minimum of two (2) hours of training in a course or courses of instruction pertaining to the handling of human trafficking complaints as described in subsection (b). (2) An officer must complete the training hours required by subdivision (c)(1) by July 1, 2017, or within six (6) months from the officer's date of employment as a full-time law enforcement officer, whichever is later.
(1) A law enforcement officer who is assigned field or investigative duties shall complete a minimum of two (2) hours of training in a course or courses of instruction pertaining to the handling of human trafficking complaints as described in subsection (b).
(2) An officer must complete the training hours required by subdivision (c)(1) by July 1, 2017, or within six (6) months from the officer's date of employment as a full-time law enforcement officer, whichever is later.
(d) (1) The Tennessee bureau of investigation shall employ four (4) additional persons qualified to serve as special agents whose duties it will be to provide training pursuant to this section, investigate, and develop criminal cases involving human trafficking offenses throughout the state. (2) Once the additional special agents are employed, they shall be assigned so that all regions of the state are equally represented.
(1) The Tennessee bureau of investigation shall employ four (4) additional persons qualified to serve as special agents whose duties it will be to provide training pursuant to this section, investigate, and develop criminal cases involving human trafficking offenses throughout the state.
(2) Once the additional special agents are employed, they shall be assigned so that all regions of the state are equally represented.
(e) (1) In addition to the course of instruction provided to law enforcement officers pursuant to subsection (a), the Tennessee bureau of investigation shall develop and deliver a course of instruction designed for various agencies and departments likely to come into contact with human trafficking and human trafficking victims during the course of delivering services. Departments, agencies, or associations included in this course of instruction are: (A) Council of juvenile and family court judges, including juvenile court administrators, juvenile court youth services officers, and juvenile court probation officers; (B) Department of children's services; (C) Department of education; (D) Department of health; (E) Department of human services; (F) Department of mental health and substance abuse services; (G) Department of safety; (H) Department of labor and workforce development; (I) District attorneys general conference; (J) District public defenders conference; (K) Office of the attorney general and reporter; (L) Tennessee association of chiefs of police; (M) [Deleted by 2017 amendment.] (N) Tennessee sheriffs' association; (O) Tennessee judicial conference; (P) Tennessee general sessions judges conference; and (Q) Clerks of court conference. (2) In developing the course of instruction pursuant to this subsection (e), the Tennessee bureau of investigation shall consult with the human trafficking task force or individual members of the task force.
(1) In addition to the course of instruction provided to law enforcement officers pursuant to subsection (a), the Tennessee bureau of investigation shall develop and deliver a course of instruction designed for various agencies and departments likely to come into contact with human trafficking and human trafficking victims during the course of delivering services. Departments, agencies, or associations included in this course of instruction are: (A) Council of juvenile and family court judges, including juvenile court administrators, juvenile court youth services officers, and juvenile court probation officers; (B) Department of children's services; (C) Department of education; (D) Department of health; (E) Department of human services; (F) Department of mental health and substance abuse services; (G) Department of safety; (H) Department of labor and workforce development; (I) District attorneys general conference; (J) District public defenders conference; (K) Office of the attorney general and reporter; (L) Tennessee association of chiefs of police; (M) [Deleted by 2017 amendment.] (N) Tennessee sheriffs' association; (O) Tennessee judicial conference; (P) Tennessee general sessions judges conference; and (Q) Clerks of court conference.
(A) Council of juvenile and family court judges, including juvenile court administrators, juvenile court youth services officers, and juvenile court probation officers;
(B) Department of children's services;
(C) Department of education;
(D) Department of health;
(E) Department of human services;
(F) Department of mental health and substance abuse services;
(G) Department of safety;
(H) Department of labor and workforce development;
(I) District attorneys general conference;
(J) District public defenders conference;
(K) Office of the attorney general and reporter;
(L) Tennessee association of chiefs of police;
(M) [Deleted by 2017 amendment.]
(N) Tennessee sheriffs' association;
(O) Tennessee judicial conference;
(P) Tennessee general sessions judges conference; and
(Q) Clerks of court conference.
(2) In developing the course of instruction pursuant to this subsection (e), the Tennessee bureau of investigation shall consult with the human trafficking task force or individual members of the task force.
(f) Furnishing personnel and appropriations for the training course is the sole responsibility of the Tennessee bureau of investigation. Departments, agencies, or associations included under subsection (e) shall be provided the training at no cost to the department, agency, or association.
Amended by 2017 Tenn. Acts, ch. 326,s 3, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 979,s 2, eff. 7/1/2016.
Added by 2015 Tenn. Acts, ch. 503,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 38-8-115 — TN Code / Title 38 / Chapter 8 / Section 38-8-115
Safe Neighborhoods Act of 1998
Status: in_force

(a) This section shall be known and may be cited as the "Safe Neighborhoods Act of 1998." (b) By October 1, 1998, the department of finance and administration shall establish within the department a program to award state law enforcement assistance grants to local governmental agencies from money appropriated by the general appropriations act. The exclusive purpose of the grants is to assist local governments in meeting the local funding requirement necessary to receive a grant under the federal Violent Crime Control and Law Enforcement Act of 1994 for a portion of the costs associated with the employment of new law enforcement officers by local government. (c) The department is authorized to promulgate, in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, all rules necessary to establish and administer the grant program; provided, that no such rule or departmental policy shall be promulgated or interpreted contrary to the following guidelines: (1) All state grants to local governmental agencies shall be awarded only upon the basis of merit as determined by the department in accordance with selection criteria established by rule and regulation pursuant to the Uniform Administrative Procedures Act. Local governmental agencies wishing to participate in the grant program shall submit an application to the department as prescribed by rule and regulation; (2) The number of state grants awarded in a fiscal year is dependent on the amount of money appropriated for the grants and the number of qualified and conforming grant applications. Nothing in this subdivision (c)(2) shall be construed to mean that all money appropriated during a fiscal year for state grants must be awarded during that year if there are an insufficient number of qualified and conforming applications; (3) No state grant shall exceed ten percent (10%) of the amount of the grant the local government has been approved to receive from the federal government; (4) In order to receive a state grant pursuant to this section for the federal local funding requirement, the local governmental entity must have been approved for a universal hiring program grant under the Violent Crime Control and Law Enforcement Act of 1994 that is for the exclusive purpose of providing financial assistance for the employment of additional law enforcement officers in that locality; and (5) Nothing in this part shall be construed to prohibit the awarding of a state grant to assist in hiring school resource officers that have been approved for a federal universal hiring program grant. Acts 1998, ch. 1030, § 1; 1999, ch. 129, § 1.
(a) This section shall be known and may be cited as the "Safe Neighborhoods Act of 1998."
(b) By October 1, 1998, the department of finance and administration shall establish within the department a program to award state law enforcement assistance grants to local governmental agencies from money appropriated by the general appropriations act. The exclusive purpose of the grants is to assist local governments in meeting the local funding requirement necessary to receive a grant under the federal Violent Crime Control and Law Enforcement Act of 1994 for a portion of the costs associated with the employment of new law enforcement officers by local government.
(c) The department is authorized to promulgate, in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, all rules necessary to establish and administer the grant program; provided, that no such rule or departmental policy shall be promulgated or interpreted contrary to the following guidelines: (1) All state grants to local governmental agencies shall be awarded only upon the basis of merit as determined by the department in accordance with selection criteria established by rule and regulation pursuant to the Uniform Administrative Procedures Act. Local governmental agencies wishing to participate in the grant program shall submit an application to the department as prescribed by rule and regulation; (2) The number of state grants awarded in a fiscal year is dependent on the amount of money appropriated for the grants and the number of qualified and conforming grant applications. Nothing in this subdivision (c)(2) shall be construed to mean that all money appropriated during a fiscal year for state grants must be awarded during that year if there are an insufficient number of qualified and conforming applications; (3) No state grant shall exceed ten percent (10%) of the amount of the grant the local government has been approved to receive from the federal government; (4) In order to receive a state grant pursuant to this section for the federal local funding requirement, the local governmental entity must have been approved for a universal hiring program grant under the Violent Crime Control and Law Enforcement Act of 1994 that is for the exclusive purpose of providing financial assistance for the employment of additional law enforcement officers in that locality; and (5) Nothing in this part shall be construed to prohibit the awarding of a state grant to assist in hiring school resource officers that have been approved for a federal universal hiring program grant.
(1) All state grants to local governmental agencies shall be awarded only upon the basis of merit as determined by the department in accordance with selection criteria established by rule and regulation pursuant to the Uniform Administrative Procedures Act. Local governmental agencies wishing to participate in the grant program shall submit an application to the department as prescribed by rule and regulation;
(2) The number of state grants awarded in a fiscal year is dependent on the amount of money appropriated for the grants and the number of qualified and conforming grant applications. Nothing in this subdivision (c)(2) shall be construed to mean that all money appropriated during a fiscal year for state grants must be awarded during that year if there are an insufficient number of qualified and conforming applications;
(3) No state grant shall exceed ten percent (10%) of the amount of the grant the local government has been approved to receive from the federal government;
(4) In order to receive a state grant pursuant to this section for the federal local funding requirement, the local governmental entity must have been approved for a universal hiring program grant under the Violent Crime Control and Law Enforcement Act of 1994 that is for the exclusive purpose of providing financial assistance for the employment of additional law enforcement officers in that locality; and
(5) Nothing in this part shall be construed to prohibit the awarding of a state grant to assist in hiring school resource officers that have been approved for a federal universal hiring program grant.
Acts 1998, ch. 1030, § 1; 1999, ch. 129, § 1.
Tenn. Code Ann. § 38-1-202 — TN Code / Title 38 / Chapter 1 / Section 38-1-202
Holding period before transfer or alteration of purchased items
Status: in_force

(a) It is unlawful for any person or corporation engaging in the activity described in § 38-1-201 to sell, exchange, barter or remove from the place in which such business is conducted, or to change the form of any such items by remounting, melting, cutting up, or otherwise changing the form of any such items for a period of twenty (20) days from the date of purchase; provided, however, that the person or corporation may remove the items for the purpose of holding the items in a secure location, including a storage facility or bank vault, for the required twenty-day period. This section does not apply to persons or corporations engaged in the reclamation of precious metals through the reprocessing of used film or other similar materials that in their original form contain precious metals but were not intended to be items of jewelry, or become antiques or be marketed exclusively for the precious metals contained in the materials. (b) No person acting as a buyer or dealer under this section shall purchase any item covered by this section from a person under eighteen (18) years of age, nor accept any item covered by this section from anyone who appears intoxicated, nor from any person known to the person to be a thief, or to have been convicted of larceny, burglary or robbery, without first notifying a police officer. Any person acting as a buyer or dealer under this section shall exercise due care to comply with this section. (c) No person acting as a buyer or dealer under this section shall take any item covered by this section under a buy-sell agreement, when the article is known to the person to be stolen. Amended by 2014 Tenn. Acts, ch. 632,s 1, eff. 4/4/2014. Acts 1980, ch. 766, § 2; 1981, ch. 424, §§ 1, 2; T.C.A., § 38-607; Acts 1985, ch. 311, § 1; 1992, ch. 943, § 1; 2009, ch. 282, § 1; 2012, ch. 675, § 1.
(a) It is unlawful for any person or corporation engaging in the activity described in § 38-1-201 to sell, exchange, barter or remove from the place in which such business is conducted, or to change the form of any such items by remounting, melting, cutting up, or otherwise changing the form of any such items for a period of twenty (20) days from the date of purchase; provided, however, that the person or corporation may remove the items for the purpose of holding the items in a secure location, including a storage facility or bank vault, for the required twenty-day period. This section does not apply to persons or corporations engaged in the reclamation of precious metals through the reprocessing of used film or other similar materials that in their original form contain precious metals but were not intended to be items of jewelry, or become antiques or be marketed exclusively for the precious metals contained in the materials.
(b) No person acting as a buyer or dealer under this section shall purchase any item covered by this section from a person under eighteen (18) years of age, nor accept any item covered by this section from anyone who appears intoxicated, nor from any person known to the person to be a thief, or to have been convicted of larceny, burglary or robbery, without first notifying a police officer. Any person acting as a buyer or dealer under this section shall exercise due care to comply with this section.
(c) No person acting as a buyer or dealer under this section shall take any item covered by this section under a buy-sell agreement, when the article is known to the person to be stolen.
Amended by 2014 Tenn. Acts, ch. 632,s 1, eff. 4/4/2014.
Acts 1980, ch. 766, § 2; 1981, ch. 424, §§ 1, 2; T.C.A., § 38-607; Acts 1985, ch. 311, § 1; 1992, ch. 943, § 1; 2009, ch. 282, § 1; 2012, ch. 675, § 1.
Tenn. Code Ann. § 38-9-102 — TN Code / Title 38 / Chapter 9 / Section 38-9-102
Proclamation of civil emergency
Status: in_force

When, in the judgment of the chief administrative officer of a municipality, a civil emergency as defined in this chapter is determined to exist, the officer shall immediately proclaim in writing the existence of the civil emergency, a copy of which proclamation will be filed with the clerk of the municipality, or if there is none, with the recorder. Acts 1968, ch. 485, § 2; T.C.A., § 38-902.
When, in the judgment of the chief administrative officer of a municipality, a civil emergency as defined in this chapter is determined to exist, the officer shall immediately proclaim in writing the existence of the civil emergency, a copy of which proclamation will be filed with the clerk of the municipality, or if there is none, with the recorder.
Acts 1968, ch. 485, § 2; T.C.A., § 38-902.
Tenn. Code Ann. § 38-8-128 — TN Code / Title 38 / Chapter 8 / Section 38-8-128
De-escalation
Status: in_force

By January 1, 2022, each law enforcement agency shall develop a policy regarding de-escalation. Each agency shall provide training to officers on de-escalation techniques, including, but not limited to: (1) Verbal de-escalation and the effective delivery of verbal instructions to prevent the need for physical use of force; (2) Application of reasonable and proportional use of force based upon the totality of the circumstances; (3) De-escalation in circumstances of decreased resistance or compliance by a subject; (4) Allowing a suspect time to submit to arrest before force is used, when possible; and (5) Tactical repositioning, requesting additional personnel, and other similar techniques to decrease the need for physical use of force. Added by 2021 Tenn. Acts, ch. 489,s 4, eff. 5/18/2021.
By January 1, 2022, each law enforcement agency shall develop a policy regarding de-escalation. Each agency shall provide training to officers on de-escalation techniques, including, but not limited to:
(1) Verbal de-escalation and the effective delivery of verbal instructions to prevent the need for physical use of force;
(2) Application of reasonable and proportional use of force based upon the totality of the circumstances;
(3) De-escalation in circumstances of decreased resistance or compliance by a subject;
(4) Allowing a suspect time to submit to arrest before force is used, when possible; and
(5) Tactical repositioning, requesting additional personnel, and other similar techniques to decrease the need for physical use of force.
Added by 2021 Tenn. Acts, ch. 489,s 4, eff. 5/18/2021.
Tenn. Code Ann. § 38-6-104 — TN Code / Title 38 / Chapter 6 / Section 38-6-104
Personnel - Injuries in the line of duty
Status: in_force

(a) The director may employ such clerical and stenographic personnel as may be needed for the efficient operation of the bureau. Salaries of the personnel of the bureau shall be fixed by the director and paid from the funds appropriated to the bureau by the general assembly. Nothing contained in this section shall affect in any way the retirement benefits and longevity pay as are now provided for the personnel for the Tennessee bureau of criminal identification. All funds, supplies and equipment now allocated for the use and benefit of the Tennessee bureau of criminal identification are transferred to the separate department created by this chapter for the use and benefit of the bureau. (b) When a member of the bureau is injured in the line of duty and that injury prevents the member from performing the member's regular duties, whether the disability is temporary or permanent, it is lawful for the director, in the director's sound discretion and with the approval of the governor and the attorney general and reporter, to retain the disabled member of the bureau upon the regular payroll of the bureau until the member's claim for compensation for the disability is determined by the state board of claims. The state board of claims shall act within thirty (30) days of receipt of a disability rating based upon competent medical advice. Acts 1951, ch. 173, § 4 (Williams, § 11465.13); Acts 1980, ch. 636, § 4; 1981, ch. 402, § 1; T.C.A. (orig. ed.), § 38-504.
(a) The director may employ such clerical and stenographic personnel as may be needed for the efficient operation of the bureau. Salaries of the personnel of the bureau shall be fixed by the director and paid from the funds appropriated to the bureau by the general assembly. Nothing contained in this section shall affect in any way the retirement benefits and longevity pay as are now provided for the personnel for the Tennessee bureau of criminal identification. All funds, supplies and equipment now allocated for the use and benefit of the Tennessee bureau of criminal identification are transferred to the separate department created by this chapter for the use and benefit of the bureau.
(b) When a member of the bureau is injured in the line of duty and that injury prevents the member from performing the member's regular duties, whether the disability is temporary or permanent, it is lawful for the director, in the director's sound discretion and with the approval of the governor and the attorney general and reporter, to retain the disabled member of the bureau upon the regular payroll of the bureau until the member's claim for compensation for the disability is determined by the state board of claims. The state board of claims shall act within thirty (30) days of receipt of a disability rating based upon competent medical advice.
Acts 1951, ch. 173, § 4 (Williams, § 11465.13); Acts 1980, ch. 636, § 4; 1981, ch. 402, § 1; T.C.A. (orig. ed.), § 38-504.
Tenn. Code Ann. § 38-6-115 — TN Code / Title 38 / Chapter 6 / Section 38-6-115
Notification of the district attorney general
Status: in_force

If the bureau is investigating the possible commission of any offense specified in § 38-6-102(b) , the bureau may, but is not required to, notify the district attorney general where the investigation is being conducted of the investigation. Acts 1995, ch. 469, § 2.
If the bureau is investigating the possible commission of any offense specified in § 38-6-102(b) , the bureau may, but is not required to, notify the district attorney general where the investigation is being conducted of the investigation.
Acts 1995, ch. 469, § 2.
Tenn. Code Ann. § 38-2-102 — TN Code / Title 38 / Chapter 2 / Section 38-2-102
Resistance by party about to be injured
Status: in_force

Resistance sufficient to prevent the offense may be made by the party about to be injured to prevent an: (1) Offense against the party's person; or (2) Illegal attempt by force to take or injure property in the party's lawful possession. Code 1858, § 4929; Shan., § 6890; Code 1932, § 11414; T.C.A. (orig. ed.), § 38-102.
Resistance sufficient to prevent the offense may be made by the party about to be injured to prevent an:
(1) Offense against the party's person; or
(2) Illegal attempt by force to take or injure property in the party's lawful possession.
Code 1858, § 4929; Shan., § 6890; Code 1932, § 11414; T.C.A. (orig. ed.), § 38-102.
Tenn. Code Ann. § 38-1-302 — TN Code / Title 38 / Chapter 1 / Section 38-1-302
Report of pregnancy and identity of alleged father to judge or law enforcement official
Status: in_force

(a) If, during any treatment or examination of any child less than eighteen (18) years of age, a determination is made that the child is pregnant, and if it is learned during the course of the treatment or examination that the alleged father is at least four (4) years older than, but not the legal spouse of the victim, in accordance with § 39-13-506 , the doctor, physician, surgeon, health care provider or other person examining or treating the child or diagnosing the condition is encouraged to, upon obtaining the consent of the patient, a parent, legal guardian or custodian, and within twenty-four (24) hours of the time of the treatment, examination or diagnosis, report the pregnancy by telephone or otherwise, to the judge having juvenile jurisdiction or to the office of sheriff or the chief law enforcement official of the municipality where the child resides. (b) Injuries to minors that are required to be reported by § 37-1-403 are not required to be reported under this part. Acts 1996, ch. 842, § 1.
(a) If, during any treatment or examination of any child less than eighteen (18) years of age, a determination is made that the child is pregnant, and if it is learned during the course of the treatment or examination that the alleged father is at least four (4) years older than, but not the legal spouse of the victim, in accordance with § 39-13-506 , the doctor, physician, surgeon, health care provider or other person examining or treating the child or diagnosing the condition is encouraged to, upon obtaining the consent of the patient, a parent, legal guardian or custodian, and within twenty-four (24) hours of the time of the treatment, examination or diagnosis, report the pregnancy by telephone or otherwise, to the judge having juvenile jurisdiction or to the office of sheriff or the chief law enforcement official of the municipality where the child resides.
(b) Injuries to minors that are required to be reported by § 37-1-403 are not required to be reported under this part.
Acts 1996, ch. 842, § 1.
Tenn. Code Ann. § 38-3-123 — TN Code / Title 38 / Chapter 3 / Section 38-3-123
Prohibition against requiring victims of sexual offenses to submit to polygraph
Status: in_force

(a) No law enforcement officer shall require any victim of a sexual offense, as defined in § 40-39-202 , or violent sexual offense, as defined in § 40-39-202 , to submit to a polygraph examination or any other test designed to detect deception or verify the truth of statements through instrumentation or by means of a mechanical device, as a condition of the officer proceeding with the investigation of the offense. (b) A violation of this section shall subject the officer to appropriate departmental disciplinary action. Acts 2006, ch. 638, § 1.
(a) No law enforcement officer shall require any victim of a sexual offense, as defined in § 40-39-202 , or violent sexual offense, as defined in § 40-39-202 , to submit to a polygraph examination or any other test designed to detect deception or verify the truth of statements through instrumentation or by means of a mechanical device, as a condition of the officer proceeding with the investigation of the offense.
(b) A violation of this section shall subject the officer to appropriate departmental disciplinary action.
Acts 2006, ch. 638, § 1.
Tenn. Code Ann. § 38-6-205 — TN Code / Title 38 / Chapter 6 / Section 38-6-205
Members of division - Qualifications - Drug Tests - Reassignment
Status: in_force

(a) The narcotics investigation division shall consist of those agents transferred into the new division according to § 38-6-203 [deleted as obsolete], and an additional sixteen (16) agents. The division shall also include four (4) special agents in charge, two (2) secretaries, and one (1) executive secretary. The director, with the approval of the governor, may increase the number of persons employed in the narcotics investigation division, to any number as may be found feasible and necessary. (b) The assistant director and agents appointed shall be citizens of the United States and the state of Tennessee, and of good moral character. The agents and assistant director are required to satisfactorily complete a course of study at a United States department of justice federal drug enforcement agency operated school. If the federal drug enforcement agency ceases to operate these schools, the agents and assistant director shall satisfactorily complete a course of study, that includes current national drug trends and investigations, selected and approved by the TBI. (c) The narcotics investigation division may enter into agreements with bureaus, departments, or judicial drug task forces within the state of Tennessee or of other states or of the United States for the exchange or temporary assignment of agents for special undercover assignments and for performance of specific duties. The assistant director, at the direction of the director of the Tennessee bureau of investigation, is authorized to assign agents of the bureau to that duty and to request and accept agents from the other bureaus or departments for that duty. (d) At any time during the employment with the narcotics investigation division, the assistant director, at the direction of the director of the Tennessee bureau of investigation, may request an agent, employee, or other person working with the division, to submit to a mandatory drug test. Refusal to submit to take such drug test shall be grounds for dismissal. (e) All such agents shall be assigned to the narcotics investigation division; provided, that the director may, when necessary, temporarily reassign such agents to perform other duties within the bureau. Amended by 2016 Tenn. Acts, ch. 592,s 1, eff. 3/10/2016. Acts 1998, ch. 1069, § 4.
(a) The narcotics investigation division shall consist of those agents transferred into the new division according to § 38-6-203 [deleted as obsolete], and an additional sixteen (16) agents. The division shall also include four (4) special agents in charge, two (2) secretaries, and one (1) executive secretary. The director, with the approval of the governor, may increase the number of persons employed in the narcotics investigation division, to any number as may be found feasible and necessary.
(b) The assistant director and agents appointed shall be citizens of the United States and the state of Tennessee, and of good moral character. The agents and assistant director are required to satisfactorily complete a course of study at a United States department of justice federal drug enforcement agency operated school. If the federal drug enforcement agency ceases to operate these schools, the agents and assistant director shall satisfactorily complete a course of study, that includes current national drug trends and investigations, selected and approved by the TBI.
(c) The narcotics investigation division may enter into agreements with bureaus, departments, or judicial drug task forces within the state of Tennessee or of other states or of the United States for the exchange or temporary assignment of agents for special undercover assignments and for performance of specific duties. The assistant director, at the direction of the director of the Tennessee bureau of investigation, is authorized to assign agents of the bureau to that duty and to request and accept agents from the other bureaus or departments for that duty.
(d) At any time during the employment with the narcotics investigation division, the assistant director, at the direction of the director of the Tennessee bureau of investigation, may request an agent, employee, or other person working with the division, to submit to a mandatory drug test. Refusal to submit to take such drug test shall be grounds for dismissal.
(e) All such agents shall be assigned to the narcotics investigation division; provided, that the director may, when necessary, temporarily reassign such agents to perform other duties within the bureau.
Amended by 2016 Tenn. Acts, ch. 592,s 1, eff. 3/10/2016.
Acts 1998, ch. 1069, § 4.
Tenn. Code Ann. § 38-6-108 — TN Code / Title 38 / Chapter 6 / Section 38-6-108
Use of dogs to detect illicit substances
Status: in_force

The Tennessee bureau of investigation is authorized to utilize dogs trained to detect marijuana and other illicit substances in its work, as may be desirable and appropriate. Acts 1983, ch. 120, § 2.
The Tennessee bureau of investigation is authorized to utilize dogs trained to detect marijuana and other illicit substances in its work, as may be desirable and appropriate.
Acts 1983, ch. 120, § 2.
Tenn. Code Ann. § 38-3-101 — TN Code / Title 38 / Chapter 3 / Section 38-3-101
Methods of preventing offenses
Status: in_force

Public offenses may be prevented by the intervention of the officers of justice by: (1) Requiring security to keep the peace; and (2) Suppressing riots, unlawful assemblies and breaches of the peace. Code 1858, § 4931; Shan., § 6892; Code 1932, § 11416; T.C.A. (orig. ed.), § 38-201.
Public offenses may be prevented by the intervention of the officers of justice by:
(1) Requiring security to keep the peace; and
(2) Suppressing riots, unlawful assemblies and breaches of the peace.
Code 1858, § 4931; Shan., § 6892; Code 1932, § 11416; T.C.A. (orig. ed.), § 38-201.
Tenn. Code Ann. § 38-8-207 — TN Code / Title 38 / Chapter 8 / Section 38-8-207
On the job experience for institute instructors
Status: in_force

(a) It is the policy of this section to provide continuing on the job experience for instructors of the academy so that the instructors are made continually aware of the problems of and procedures within law enforcement agencies. (b) The commissioner of commerce and insurance may, in the commissioner's discretion, commission the director of the academy as a law enforcement officer or commission any instructor at the academy as a law enforcement officer on the written recommendation to the commissioner by the director. Any person who is commissioned pursuant to this subsection (b) shall be sworn according to the provisions of §§ 8-8-101 and 8-18-111 . (c) Upon the request of the chief official of any law enforcement agency of the state, a county, or a municipality, the director may designate one (1) or more of the commissioned instructors at the academy to assist the agency in its law enforcement role. In designating the instructors to a law enforcement agency, the director shall consider the need for actual law enforcement experience of the instructors and the availability of the instructors to the requesting agency. (d) An instructor, when designated to an agency, will be required to be bonded in the manner and amount provided by law for the capacity in which the instructor shall serve. (e) An instructor, when designated, shall serve under the supervision of the chief official of the agency in which the instructor is serving. (f) An instructor, when designated, shall receive no compensation other than that to which the instructor is entitled as an instructor at the academy. Acts 1976, ch. 603, §§ 1-5; impl. am. Acts 1979, ch. 93, § 1; T.C.A., §§ 38-807 -- 38-809; Acts 1989, ch. 410, § 1; 2006, ch. 1009, § 5.
(a) It is the policy of this section to provide continuing on the job experience for instructors of the academy so that the instructors are made continually aware of the problems of and procedures within law enforcement agencies.
(b) The commissioner of commerce and insurance may, in the commissioner's discretion, commission the director of the academy as a law enforcement officer or commission any instructor at the academy as a law enforcement officer on the written recommendation to the commissioner by the director. Any person who is commissioned pursuant to this subsection (b) shall be sworn according to the provisions of §§ 8-8-101 and 8-18-111 .
(c) Upon the request of the chief official of any law enforcement agency of the state, a county, or a municipality, the director may designate one (1) or more of the commissioned instructors at the academy to assist the agency in its law enforcement role. In designating the instructors to a law enforcement agency, the director shall consider the need for actual law enforcement experience of the instructors and the availability of the instructors to the requesting agency.
(d) An instructor, when designated to an agency, will be required to be bonded in the manner and amount provided by law for the capacity in which the instructor shall serve.
(e) An instructor, when designated, shall serve under the supervision of the chief official of the agency in which the instructor is serving.
(f) An instructor, when designated, shall receive no compensation other than that to which the instructor is entitled as an instructor at the academy.
Acts 1976, ch. 603, §§ 1-5; impl. am. Acts 1979, ch. 93, § 1; T.C.A., §§ 38-807 -- 38-809; Acts 1989, ch. 410, § 1; 2006, ch. 1009, § 5.
Tenn. Code Ann. § 38-1-104 — TN Code / Title 38 / Chapter 1 / Section 38-1-104
Autopsies authorized on application of district attorney general
Status: in_force

(a) Whenever the district attorney general of any judicial district in this state is of the opinion that any death occurring in any county in that district attorney general's judicial district has proceeded from a felonious cause, and that the cause of death cannot be adequately and safely determined in the absence of an autopsy upon the body of the deceased, the district attorney general may file with the judge of the court having criminal jurisdiction the district attorney general's sworn petition, which shall set forth the district attorney general's belief that the death in question proceeded from a felonious cause, that the cause of death cannot be adequately determined in the absence of an autopsy and the reasons that actuate the district attorney general's belief as to the felonious nature of such death. Such petition may be presented to the judge having criminal jurisdiction, either in term time or in vacation, and either in the county in which it is claimed that the homicide occurred or in any other county of the judicial district, and the judge shall have power and authority to pass upon the same in any county of that judge's district. When known or reasonably ascertainable, a copy of the petition shall be served upon the next of kin of the deceased. (b) Upon the presentation of the petition to the judge having jurisdiction, the judge shall be authorized to consider the petition and in the exercise of sound judicial discretion, either make or deny an order authorizing an autopsy to be performed upon the body of the deceased. If the judge grants the petition, it shall then be the duty of the district attorney general to authorize the performance of the autopsy by some competent physician and to take all action necessary toward such end, including the disinterment of the body of the deceased should the body have been interred. The physician holding the autopsy shall file in the office of the clerk of the court having criminal jurisdiction in the county a full and complete report of the physician's findings in connection with the autopsy, which report shall be available to such parties as may be interested in the report. (c) The costs and expense of the autopsy shall be presented to and approved by the trial judge making the order for the autopsy, and upon approval by the trial judge, shall be payable by the state as other costs, chargeable to the state, are paid. Acts 1949, ch. 61, § 1; C. Supp. 1950, § 9966.1 (Williams, § 5717.38); Acts 1973, ch. 195, § 1; T.C.A. (orig. ed.), § 38-604; Acts 1986, ch. 588, § 1.
(a) Whenever the district attorney general of any judicial district in this state is of the opinion that any death occurring in any county in that district attorney general's judicial district has proceeded from a felonious cause, and that the cause of death cannot be adequately and safely determined in the absence of an autopsy upon the body of the deceased, the district attorney general may file with the judge of the court having criminal jurisdiction the district attorney general's sworn petition, which shall set forth the district attorney general's belief that the death in question proceeded from a felonious cause, that the cause of death cannot be adequately determined in the absence of an autopsy and the reasons that actuate the district attorney general's belief as to the felonious nature of such death. Such petition may be presented to the judge having criminal jurisdiction, either in term time or in vacation, and either in the county in which it is claimed that the homicide occurred or in any other county of the judicial district, and the judge shall have power and authority to pass upon the same in any county of that judge's district. When known or reasonably ascertainable, a copy of the petition shall be served upon the next of kin of the deceased.
(b) Upon the presentation of the petition to the judge having jurisdiction, the judge shall be authorized to consider the petition and in the exercise of sound judicial discretion, either make or deny an order authorizing an autopsy to be performed upon the body of the deceased. If the judge grants the petition, it shall then be the duty of the district attorney general to authorize the performance of the autopsy by some competent physician and to take all action necessary toward such end, including the disinterment of the body of the deceased should the body have been interred. The physician holding the autopsy shall file in the office of the clerk of the court having criminal jurisdiction in the county a full and complete report of the physician's findings in connection with the autopsy, which report shall be available to such parties as may be interested in the report.
(c) The costs and expense of the autopsy shall be presented to and approved by the trial judge making the order for the autopsy, and upon approval by the trial judge, shall be payable by the state as other costs, chargeable to the state, are paid.
Acts 1949, ch. 61, § 1; C. Supp. 1950, § 9966.1 (Williams, § 5717.38); Acts 1973, ch. 195, § 1; T.C.A. (orig. ed.), § 38-604; Acts 1986, ch. 588, § 1.
Tenn. Code Ann. § 38-8-110 — TN Code / Title 38 / Chapter 8 / Section 38-8-110
Application of chapter
Status: in_force

This chapter does not apply to any elected officers or to any employees of the state of Tennessee, except that this chapter applies to sheriffs under § 38-8-111 . Acts 1981, ch. 455, § 10; T.C.A., § 38-11-110; Acts 1983, ch. 270, § 5; 1993, ch. 374, § 3.
This chapter does not apply to any elected officers or to any employees of the state of Tennessee, except that this chapter applies to sheriffs under § 38-8-111 .
Acts 1981, ch. 455, § 10; T.C.A., § 38-11-110; Acts 1983, ch. 270, § 5; 1993, ch. 374, § 3.
Tenn. Code Ann. § 38-8-135 — TN Code / Title 38 / Chapter 8 / Section 38-8-135
POST - Medical crisis training for officers
Status: in_force

(a) The Tennessee peace officer standards and training (POST) commission shall adopt guidelines and materials instructing law enforcement officers on the best practices for recognizing and responding to a medical crisis involving a person under arrest or under the care or supervision of the law enforcement officer. (b) The guidelines and materials must not require an officer to undergo specialized medical training for the purposes of becoming POST certified. Added by 2024 Tenn. Acts, ch. 527,s 1, eff. 3/7/2024.
(a) The Tennessee peace officer standards and training (POST) commission shall adopt guidelines and materials instructing law enforcement officers on the best practices for recognizing and responding to a medical crisis involving a person under arrest or under the care or supervision of the law enforcement officer.
(b) The guidelines and materials must not require an officer to undergo specialized medical training for the purposes of becoming POST certified.
Added by 2024 Tenn. Acts, ch. 527,s 1, eff. 3/7/2024.
Tenn. Code Ann. § 38-3-110 — TN Code / Title 38 / Chapter 3 / Section 38-3-110
Form of bond - Scire facias upon forfeiture
Status: in_force

The bonds required to be given by § 38-3-109 shall be made payable to the state, filed in the office of the circuit or criminal court clerk, and, upon forfeiture, the district attorney general shall cause scire facias to issue on the forfeiture, and the amount collected by the sheriff shall be paid to the county trustee for county purposes. Code 1858, § 4942 (deriv. Acts 1825, ch. 19, § 3); Shan., § 6903; Code 1932, § 11427; T.C.A. (orig. ed.), § 38-210.
The bonds required to be given by § 38-3-109 shall be made payable to the state, filed in the office of the circuit or criminal court clerk, and, upon forfeiture, the district attorney general shall cause scire facias to issue on the forfeiture, and the amount collected by the sheriff shall be paid to the county trustee for county purposes.
Code 1858, § 4942 (deriv. Acts 1825, ch. 19, § 3); Shan., § 6903; Code 1932, § 11427; T.C.A. (orig. ed.), § 38-210.
Tenn. Code Ann. § 38-7-101 — TN Code / Title 38 / Chapter 7 / Section 38-7-101
Short title
Status: in_force

This part shall be known and may be cited as the "Post-Mortem Examination Act." Acts 1961, ch. 174, § 1; T.C.A., § 38-701.
This part shall be known and may be cited as the "Post-Mortem Examination Act."
Acts 1961, ch. 174, § 1; T.C.A., § 38-701.
Tenn. Code Ann. § 38-8-102 — TN Code / Title 38 / Chapter 8 / Section 38-8-102
Tennessee peace officer standards and training commission - Creation and composition
Status: in_force

(a) There is established the Tennessee peace officer standards and training commission, referred to in this part as the "commission." (b) (1) The commission shall consist of: (A) The attorney general and reporter, or the attorney general and reporter's designee; (B) One (1) police officer below the rank of assistant chief, or equivalent rank, who shall be appointed by the governor for a term of four (4) years; (C) Two (2) sheriffs and two (2) municipal chiefs of police, who shall be appointed by the governor and serve at the governor's pleasure; (D) One (1) nonsupervisory police officer, who shall be appointed by the governor for a term of four (4) years; (E) One (1) member of the senate and one (1) member of the house of representatives, who shall be appointed by the respective speakers and who shall be voting members of the commission, to serve for a term of two (2) years; (F) (i) Two (2) citizens who are not connected with law enforcement, who shall be appointed by the respective speakers and be subject to the confirmation requirements of subdivision (b)(1)(F)(ii), to each serve for a term of two (2) years; (ii) (a) Except as otherwise provided in this subdivision (b)(1)(F)(ii): (1) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the house of representatives prior to beginning a term of office; and (2) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the senate prior to beginning a term of office; (b) If the general assembly is not in session at the time a citizen member is appointed to fill a vacancy, the new appointee shall serve for the term appointed unless such appointment is not confirmed within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment; and (G) Three (3) additional members, whom the governor shall appoint for terms of three (3) years. (2) The commission shall include at least one (1) person who is of a racial minority. (c) The members of the commission shall elect the chair of the commission. (d) (1) A member of the commission who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the commission. (2) The chair of the commission shall promptly notify the respective appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1). Amended by 2018 Tenn. Acts, ch. 989,s 1, eff. 5/21/2018. Amended by 2017 Tenn. Acts, ch. 301,s 1, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 37,Secs.s3, s4 eff. 3/27/2015. Acts 1981, ch. 455, § 1; T.C.A., § 38-11-102; Acts 1983, ch. 270, § 2; 1987, ch. 412, §§ 3, 4; 2012, ch. 986, § 5.
(a) There is established the Tennessee peace officer standards and training commission, referred to in this part as the "commission."
(b) (1) The commission shall consist of: (A) The attorney general and reporter, or the attorney general and reporter's designee; (B) One (1) police officer below the rank of assistant chief, or equivalent rank, who shall be appointed by the governor for a term of four (4) years; (C) Two (2) sheriffs and two (2) municipal chiefs of police, who shall be appointed by the governor and serve at the governor's pleasure; (D) One (1) nonsupervisory police officer, who shall be appointed by the governor for a term of four (4) years; (E) One (1) member of the senate and one (1) member of the house of representatives, who shall be appointed by the respective speakers and who shall be voting members of the commission, to serve for a term of two (2) years; (F) (i) Two (2) citizens who are not connected with law enforcement, who shall be appointed by the respective speakers and be subject to the confirmation requirements of subdivision (b)(1)(F)(ii), to each serve for a term of two (2) years; (ii) (a) Except as otherwise provided in this subdivision (b)(1)(F)(ii): (1) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the house of representatives prior to beginning a term of office; and (2) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the senate prior to beginning a term of office; (b) If the general assembly is not in session at the time a citizen member is appointed to fill a vacancy, the new appointee shall serve for the term appointed unless such appointment is not confirmed within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment; and (G) Three (3) additional members, whom the governor shall appoint for terms of three (3) years. (2) The commission shall include at least one (1) person who is of a racial minority.
(1) The commission shall consist of: (A) The attorney general and reporter, or the attorney general and reporter's designee; (B) One (1) police officer below the rank of assistant chief, or equivalent rank, who shall be appointed by the governor for a term of four (4) years; (C) Two (2) sheriffs and two (2) municipal chiefs of police, who shall be appointed by the governor and serve at the governor's pleasure; (D) One (1) nonsupervisory police officer, who shall be appointed by the governor for a term of four (4) years; (E) One (1) member of the senate and one (1) member of the house of representatives, who shall be appointed by the respective speakers and who shall be voting members of the commission, to serve for a term of two (2) years; (F) (i) Two (2) citizens who are not connected with law enforcement, who shall be appointed by the respective speakers and be subject to the confirmation requirements of subdivision (b)(1)(F)(ii), to each serve for a term of two (2) years; (ii) (a) Except as otherwise provided in this subdivision (b)(1)(F)(ii): (1) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the house of representatives prior to beginning a term of office; and (2) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the senate prior to beginning a term of office; (b) If the general assembly is not in session at the time a citizen member is appointed to fill a vacancy, the new appointee shall serve for the term appointed unless such appointment is not confirmed within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment; and (G) Three (3) additional members, whom the governor shall appoint for terms of three (3) years.
(A) The attorney general and reporter, or the attorney general and reporter's designee;
(B) One (1) police officer below the rank of assistant chief, or equivalent rank, who shall be appointed by the governor for a term of four (4) years;
(C) Two (2) sheriffs and two (2) municipal chiefs of police, who shall be appointed by the governor and serve at the governor's pleasure;
(D) One (1) nonsupervisory police officer, who shall be appointed by the governor for a term of four (4) years;
(E) One (1) member of the senate and one (1) member of the house of representatives, who shall be appointed by the respective speakers and who shall be voting members of the commission, to serve for a term of two (2) years;
(F) (i) Two (2) citizens who are not connected with law enforcement, who shall be appointed by the respective speakers and be subject to the confirmation requirements of subdivision (b)(1)(F)(ii), to each serve for a term of two (2) years; (ii) (a) Except as otherwise provided in this subdivision (b)(1)(F)(ii): (1) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the house of representatives prior to beginning a term of office; and (2) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the senate prior to beginning a term of office; (b) If the general assembly is not in session at the time a citizen member is appointed to fill a vacancy, the new appointee shall serve for the term appointed unless such appointment is not confirmed within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment; and
(i) Two (2) citizens who are not connected with law enforcement, who shall be appointed by the respective speakers and be subject to the confirmation requirements of subdivision (b)(1)(F)(ii), to each serve for a term of two (2) years;
(ii) (a) Except as otherwise provided in this subdivision (b)(1)(F)(ii): (1) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the house of representatives prior to beginning a term of office; and (2) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the senate prior to beginning a term of office; (b) If the general assembly is not in session at the time a citizen member is appointed to fill a vacancy, the new appointee shall serve for the term appointed unless such appointment is not confirmed within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment; and
(a) Except as otherwise provided in this subdivision (b)(1)(F)(ii): (1) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the house of representatives prior to beginning a term of office; and (2) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the senate prior to beginning a term of office;
(1) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the house of representatives prior to beginning a term of office; and
(2) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the senate prior to beginning a term of office;
(b) If the general assembly is not in session at the time a citizen member is appointed to fill a vacancy, the new appointee shall serve for the term appointed unless such appointment is not confirmed within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment; and
(G) Three (3) additional members, whom the governor shall appoint for terms of three (3) years.
(2) The commission shall include at least one (1) person who is of a racial minority.
(c) The members of the commission shall elect the chair of the commission.
(d) (1) A member of the commission who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the commission. (2) The chair of the commission shall promptly notify the respective appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1).
(1) A member of the commission who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the commission.
(2) The chair of the commission shall promptly notify the respective appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1).
Amended by 2018 Tenn. Acts, ch. 989,s 1, eff. 5/21/2018.
Amended by 2017 Tenn. Acts, ch. 301,s 1, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 37,Secs.s3, s4 eff. 3/27/2015.
Acts 1981, ch. 455, § 1; T.C.A., § 38-11-102; Acts 1983, ch. 270, § 2; 1987, ch. 412, §§ 3, 4; 2012, ch. 986, § 5.
Tenn. Code Ann. § 38-11-206 — TN Code / Title 38 / Chapter 11 / Section 38-11-206
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 522, s 1, eff. 3/6/2020. Amended by 2013 Tenn. Acts, ch. 236, s 67, eff. 4/19/2013. Acts 1988, ch. 1035, § 6.
Repealed by 2020 Tenn. Acts, ch. 522, s 1, eff. 3/6/2020.
Amended by 2013 Tenn. Acts, ch. 236, s 67, eff. 4/19/2013.
Acts 1988, ch. 1035, § 6.
Tenn. Code Ann. § 38-6-116 — TN Code / Title 38 / Chapter 6 / Section 38-6-116
Tennessee internet criminal information center
Status: in_force

(a) The Tennessee bureau of investigation shall create an office within the bureau to be known as the Tennessee internet criminal information center (TICIC). The purpose of the center is the development, maintenance and updating of an online database, toll-free hotline and such other means as are appropriate to provide easily accessible information to members of the public concerning persons of interest to the public safety and welfare. (b) Upon creation of the TICIC, the bureau shall compile and maintain databases consisting of a registry and associated information for the following groups of persons: (1) The Sexual Offense Registry. (A) This registry shall consist of all public information regarding persons who are required to complete a TBI sexual offender registration/monitoring form pursuant to title 40, chapter 39, part 2; (B) This registry shall include the photograph of all persons who are registered pursuant to title 40, chapter 39, part 2; (2) The Tennessee Missing Children Registry. This registry shall consist of those children who have been placed by the bureau on the Tennessee missing children registry; and (3) Any other registry, information or database that, in the opinion of the bureau, would be in the interest of the public safety or welfare. (c) When one (1) or more of the databases comprising the TICIC is complete and in an accessible format, the bureau shall place and maintain each of them on the TICIC's Internet home page which shall be accessible through the state of Tennessee's Internet home page. Acts 1997, ch. 341, § 1; 2011, ch. 263, § 1; 2011, ch. 268, § 1; 2012, ch. 727, § 4.
(a) The Tennessee bureau of investigation shall create an office within the bureau to be known as the Tennessee internet criminal information center (TICIC). The purpose of the center is the development, maintenance and updating of an online database, toll-free hotline and such other means as are appropriate to provide easily accessible information to members of the public concerning persons of interest to the public safety and welfare.
(b) Upon creation of the TICIC, the bureau shall compile and maintain databases consisting of a registry and associated information for the following groups of persons: (1) The Sexual Offense Registry. (A) This registry shall consist of all public information regarding persons who are required to complete a TBI sexual offender registration/monitoring form pursuant to title 40, chapter 39, part 2; (B) This registry shall include the photograph of all persons who are registered pursuant to title 40, chapter 39, part 2; (2) The Tennessee Missing Children Registry. This registry shall consist of those children who have been placed by the bureau on the Tennessee missing children registry; and (3) Any other registry, information or database that, in the opinion of the bureau, would be in the interest of the public safety or welfare.
(1) The Sexual Offense Registry. (A) This registry shall consist of all public information regarding persons who are required to complete a TBI sexual offender registration/monitoring form pursuant to title 40, chapter 39, part 2; (B) This registry shall include the photograph of all persons who are registered pursuant to title 40, chapter 39, part 2;
(A) This registry shall consist of all public information regarding persons who are required to complete a TBI sexual offender registration/monitoring form pursuant to title 40, chapter 39, part 2;
(B) This registry shall include the photograph of all persons who are registered pursuant to title 40, chapter 39, part 2;
(2) The Tennessee Missing Children Registry. This registry shall consist of those children who have been placed by the bureau on the Tennessee missing children registry; and
(3) Any other registry, information or database that, in the opinion of the bureau, would be in the interest of the public safety or welfare.
(c) When one (1) or more of the databases comprising the TICIC is complete and in an accessible format, the bureau shall place and maintain each of them on the TICIC's Internet home page which shall be accessible through the state of Tennessee's Internet home page.
Acts 1997, ch. 341, § 1; 2011, ch. 263, § 1; 2011, ch. 268, § 1; 2012, ch. 727, § 4.
Tenn. Code Ann. § 38-6-125 — TN Code / Title 38 / Chapter 6 / Section 38-6-125
Help Find the Missing Act
Status: in_force

(a) This section shall be known and may be cited as the "Help Find the Missing Act". (b) As used in this section: (1) "Missing citizen" has the same meaning as defined in § 38-6-121 ; (2) "Regional forensic center" means a facility accredited by the National Association of Medical Examiners at which autopsies are performed pursuant to § 38-7-105 ; and (3) "Unidentified body" means human remains which are unidentified after all available methods have been exhausted. (c) (1) In all cases in which the county medical examiner is not satisfied with the decedent's identification the body shall be referred for examination to a regional forensic center. (2) The regional forensic center shall furnish the Tennessee bureau of investigation (TBI) and the National Missing and Unidentified Persons System created by the United States department of justice's national institute of justice (NamUs), if physically possible, with copies of fingerprints on standardized eight inch by eight inch (8" x 8") fingerprint cards or the equivalent digital image; prints or partial prints of any fingers; any forensic odontology report concerning the body; detailed personal descriptions; DNA results; and all other identifying data, including date and place of death, of all deceased persons whose deaths are in a classification requiring inquiry by the medical examiner and who remain unidentified after all available methods have been exhausted. (d) (1) When any person makes a report of a missing person to a law enforcement agency, the agency shall immediately request a member of the family or next of kin of the missing person to authorize the release to local law enforcement of the dental records of the person reported missing. If the person reported missing is still missing thirty (30) days after the report is made, the law enforcement agency shall deliver the release to the dentist or dentists of the missing person, and request the dentist or dentists to deliver such records, including dental x-rays, to the local law enforcement agency. (2) If the person reported missing has not been found within the first thirty (30) days and no family or next of kin exists or can be located, the law enforcement agency may execute a written declaration, stating that an active investigation seeking the location of the missing person is being conducted and that the dental records are necessary for the exclusive purpose of furthering the investigation. Such written declaration, signed by a law enforcement officer, is sufficient authority for the dentist or dentists to release the missing person's dental records, including dental x-rays, to the local law enforcement agency, and shall not be the basis for disciplinary action pursuant to § 63-5-124 . Upon receipt of a properly executed release and request or declaration, the dentist or dentists shall forward the dental records, including dental x-rays, to local law enforcement, where a file shall be maintained concerning persons reported as missing and who have not been reported as found. Within ten (10) days of receipt, a copy of the dental records, including x-rays, shall be forwarded to NamUs by the local law enforcement agency or the TBI. (e) Whenever a law enforcement agency determines that a person is a missing citizen, or that an unidentified living person may be a missing citizen, such law enforcement agency shall enter the report of such missing citizen in any database of missing persons currently required by their agency, into any missing person database utilized by the TBI and into NamUs. (f) If the TBI receives the report of a missing citizen, the TBI shall maintain a record of the case file. The TBI shall promulgate rules relating to the dissemination of the records. The rules shall require that, pursuant to this subsection (f), the process of releasing the records shall take no longer than forty-eight (48) hours from the time the TBI receives a report that a citizen, for whom there is a previous record, is missing. The record may be disseminated if the individual to whom the record pertains is reported missing on a subsequent occasion or if needed for evidentiary purposes in any civil litigation against the TBI or its personnel that arises from the investigation. In the event that there are grounds for a criminal action arising from the investigation, nothing in this subsection (f) shall prohibit the TBI from allowing the records to remain until criminal action is concluded or otherwise resolved. (g) The information contained in the TBI's missing person files shall be made available to NamUs and to law enforcement agencies attempting to locate missing persons. (h) No law enforcement agency shall establish or maintain any policy which requires the observance of a waiting period before accepting and investigating a missing child report. Upon receipt of a report of a missing child, a law enforcement agency shall enter the child into the National Crime Information Center (NCIC) pursuant to federal bureau of investigation mandate, which is two (2) hours from the time the child is reported missing to law enforcement. (i) When a person previously reported missing has been found, the sheriff, chief of police, medical examiner, regional forensic center, or other law enforcement agency shall report to the TBI and to NamUs within twenty-four (24) hours that the person has been found. (j) Nothing in this section prohibits law enforcement agencies or regional forensic centers from maintaining case files related to missing citizens or unidentified bodies. (k) Nothing in this section supersedes the authority of the regional forensic center to obtain dental records, including charts and x-rays in cases in which these records are necessary for the identification of human remains as authorized in § 38-7-117 . Added by 2017 Tenn. Acts, ch. 239, s 1, eff. 7/1/2017.
(a) This section shall be known and may be cited as the "Help Find the Missing Act".
(b) As used in this section: (1) "Missing citizen" has the same meaning as defined in § 38-6-121 ; (2) "Regional forensic center" means a facility accredited by the National Association of Medical Examiners at which autopsies are performed pursuant to § 38-7-105 ; and (3) "Unidentified body" means human remains which are unidentified after all available methods have been exhausted.
(1) "Missing citizen" has the same meaning as defined in § 38-6-121 ;
(2) "Regional forensic center" means a facility accredited by the National Association of Medical Examiners at which autopsies are performed pursuant to § 38-7-105 ; and
(3) "Unidentified body" means human remains which are unidentified after all available methods have been exhausted.
(c) (1) In all cases in which the county medical examiner is not satisfied with the decedent's identification the body shall be referred for examination to a regional forensic center. (2) The regional forensic center shall furnish the Tennessee bureau of investigation (TBI) and the National Missing and Unidentified Persons System created by the United States department of justice's national institute of justice (NamUs), if physically possible, with copies of fingerprints on standardized eight inch by eight inch (8" x 8") fingerprint cards or the equivalent digital image; prints or partial prints of any fingers; any forensic odontology report concerning the body; detailed personal descriptions; DNA results; and all other identifying data, including date and place of death, of all deceased persons whose deaths are in a classification requiring inquiry by the medical examiner and who remain unidentified after all available methods have been exhausted.
(1) In all cases in which the county medical examiner is not satisfied with the decedent's identification the body shall be referred for examination to a regional forensic center.
(2) The regional forensic center shall furnish the Tennessee bureau of investigation (TBI) and the National Missing and Unidentified Persons System created by the United States department of justice's national institute of justice (NamUs), if physically possible, with copies of fingerprints on standardized eight inch by eight inch (8" x 8") fingerprint cards or the equivalent digital image; prints or partial prints of any fingers; any forensic odontology report concerning the body; detailed personal descriptions; DNA results; and all other identifying data, including date and place of death, of all deceased persons whose deaths are in a classification requiring inquiry by the medical examiner and who remain unidentified after all available methods have been exhausted.
(d) (1) When any person makes a report of a missing person to a law enforcement agency, the agency shall immediately request a member of the family or next of kin of the missing person to authorize the release to local law enforcement of the dental records of the person reported missing. If the person reported missing is still missing thirty (30) days after the report is made, the law enforcement agency shall deliver the release to the dentist or dentists of the missing person, and request the dentist or dentists to deliver such records, including dental x-rays, to the local law enforcement agency. (2) If the person reported missing has not been found within the first thirty (30) days and no family or next of kin exists or can be located, the law enforcement agency may execute a written declaration, stating that an active investigation seeking the location of the missing person is being conducted and that the dental records are necessary for the exclusive purpose of furthering the investigation. Such written declaration, signed by a law enforcement officer, is sufficient authority for the dentist or dentists to release the missing person's dental records, including dental x-rays, to the local law enforcement agency, and shall not be the basis for disciplinary action pursuant to § 63-5-124 . Upon receipt of a properly executed release and request or declaration, the dentist or dentists shall forward the dental records, including dental x-rays, to local law enforcement, where a file shall be maintained concerning persons reported as missing and who have not been reported as found. Within ten (10) days of receipt, a copy of the dental records, including x-rays, shall be forwarded to NamUs by the local law enforcement agency or the TBI.
(1) When any person makes a report of a missing person to a law enforcement agency, the agency shall immediately request a member of the family or next of kin of the missing person to authorize the release to local law enforcement of the dental records of the person reported missing. If the person reported missing is still missing thirty (30) days after the report is made, the law enforcement agency shall deliver the release to the dentist or dentists of the missing person, and request the dentist or dentists to deliver such records, including dental x-rays, to the local law enforcement agency.
(2) If the person reported missing has not been found within the first thirty (30) days and no family or next of kin exists or can be located, the law enforcement agency may execute a written declaration, stating that an active investigation seeking the location of the missing person is being conducted and that the dental records are necessary for the exclusive purpose of furthering the investigation. Such written declaration, signed by a law enforcement officer, is sufficient authority for the dentist or dentists to release the missing person's dental records, including dental x-rays, to the local law enforcement agency, and shall not be the basis for disciplinary action pursuant to § 63-5-124 . Upon receipt of a properly executed release and request or declaration, the dentist or dentists shall forward the dental records, including dental x-rays, to local law enforcement, where a file shall be maintained concerning persons reported as missing and who have not been reported as found. Within ten (10) days of receipt, a copy of the dental records, including x-rays, shall be forwarded to NamUs by the local law enforcement agency or the TBI.
(e) Whenever a law enforcement agency determines that a person is a missing citizen, or that an unidentified living person may be a missing citizen, such law enforcement agency shall enter the report of such missing citizen in any database of missing persons currently required by their agency, into any missing person database utilized by the TBI and into NamUs.
(f) If the TBI receives the report of a missing citizen, the TBI shall maintain a record of the case file. The TBI shall promulgate rules relating to the dissemination of the records. The rules shall require that, pursuant to this subsection (f), the process of releasing the records shall take no longer than forty-eight (48) hours from the time the TBI receives a report that a citizen, for whom there is a previous record, is missing. The record may be disseminated if the individual to whom the record pertains is reported missing on a subsequent occasion or if needed for evidentiary purposes in any civil litigation against the TBI or its personnel that arises from the investigation. In the event that there are grounds for a criminal action arising from the investigation, nothing in this subsection (f) shall prohibit the TBI from allowing the records to remain until criminal action is concluded or otherwise resolved.
(g) The information contained in the TBI's missing person files shall be made available to NamUs and to law enforcement agencies attempting to locate missing persons.
(h) No law enforcement agency shall establish or maintain any policy which requires the observance of a waiting period before accepting and investigating a missing child report. Upon receipt of a report of a missing child, a law enforcement agency shall enter the child into the National Crime Information Center (NCIC) pursuant to federal bureau of investigation mandate, which is two (2) hours from the time the child is reported missing to law enforcement.
(i) When a person previously reported missing has been found, the sheriff, chief of police, medical examiner, regional forensic center, or other law enforcement agency shall report to the TBI and to NamUs within twenty-four (24) hours that the person has been found.
(j) Nothing in this section prohibits law enforcement agencies or regional forensic centers from maintaining case files related to missing citizens or unidentified bodies.
(k) Nothing in this section supersedes the authority of the regional forensic center to obtain dental records, including charts and x-rays in cases in which these records are necessary for the identification of human remains as authorized in § 38-7-117 .
Added by 2017 Tenn. Acts, ch. 239, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 38-6-111 — TN Code / Title 38 / Chapter 6 / Section 38-6-111
Disposal of gambling devices
Status: in_force

Any gambling device confiscated by the Tennessee bureau of investigation pursuant to a lawful order that has become final, including appeals, may, in lieu of destruction, be ordered sold at public sale, after the removal and destruction of the gambling circuitry and mechanisms. The proceeds of sales shall be deposited with the Tennessee bureau of investigation and budgeted to procure equipment for the forensic services division of the bureau. Acts 1987, ch. 450, § 1; 1996, ch. 675, § 19.
Any gambling device confiscated by the Tennessee bureau of investigation pursuant to a lawful order that has become final, including appeals, may, in lieu of destruction, be ordered sold at public sale, after the removal and destruction of the gambling circuitry and mechanisms. The proceeds of sales shall be deposited with the Tennessee bureau of investigation and budgeted to procure equipment for the forensic services division of the bureau.
Acts 1987, ch. 450, § 1; 1996, ch. 675, § 19.
Tenn. Code Ann. § 38-7-201 — TN Code / Title 38 / Chapter 7 / Section 38-7-201
Tennessee medical examiner advisory council - Creation - Members
Status: in_force

(a) (1) There is created the Tennessee medical examiner advisory council, referred to in this section as the "council." (2) (A) The council shall consist of seventeen (17) members, each of whom shall be a resident of this state. The membership of the council consists of: (i) Three (3) permanent ex officio voting members, consisting of: (a) The director of the Tennessee bureau of investigation, or the director's designee; (b) The speaker of the senate, or the speaker's designee; and (c) The speaker of the house of representatives, or the speaker's designee; (ii) The following members appointed by the governor: (a) One (1) forensic pathologist from each of the five (5) regional forensic centers; (b) One (1) district attorney general; (c) One (1) district public defender; (d) Three (3) county medical examiners, one (1) from each grand division of Tennessee; (e) One (1) administrator from a non-hospital affiliated regional forensic center; (f) One (1) licensed funeral director; and (g) One (1) county mayor; and (iii) The state chief medical examiner who shall serve as an ex officio voting member of the council. (B) All regular appointments to the council shall be for terms of three (3) years with a maximum of two (2) consecutive terms. Each member shall serve until a successor is appointed. Vacancies shall be filled by appointment of the governor for the remainder of an unexpired term. (b) Each member of the council shall receive reimbursement for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. (c) If an appointed administrator of the council is absent from more than half of the meetings scheduled in any calendar year without good cause, then a vacancy is created. The vacancy shall be filled by the governor. (d) The council shall organize annually and shall meet to organize at the call of the prior year's chair. The council shall select the chair of the council. Meetings shall be held at least quarterly with additional meetings as frequently as may be required. (e) Meetings of the council shall permit members to electronically participate in the meetings. (f) The council shall have the power and duty to: (1) Review candidates and make a recommendation to the commissioner of health on the appointment of the chief medical examiner and deputy state medical examiners; (2) Assist the chief medical examiner in the development and updating of guidelines for death investigations and forensic autopsies in this state, to be promulgated as rules through the department of health; (3) Submit an annual report on the standards and guidelines of the medical examiners system to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate; (4) Periodically review standards and guidelines promulgated by the department of health for the medical examiner system; and (5) Provide reports and recommendations to the commissioner on causes of death which may need public health intervention, funding issues, information technology needs, and any other issues as the council sees fit. Amended by 2019 Tenn. Acts, ch. 353,s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 353,s 1, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 571,s 1, eff. 3/16/2018. Amended by 2017 Tenn. Acts, ch. 444,s 3, eff. 7/1/2017. Acts 2008, ch. 969, § 23.
(a) (1) There is created the Tennessee medical examiner advisory council, referred to in this section as the "council." (2) (A) The council shall consist of seventeen (17) members, each of whom shall be a resident of this state. The membership of the council consists of: (i) Three (3) permanent ex officio voting members, consisting of: (a) The director of the Tennessee bureau of investigation, or the director's designee; (b) The speaker of the senate, or the speaker's designee; and (c) The speaker of the house of representatives, or the speaker's designee; (ii) The following members appointed by the governor: (a) One (1) forensic pathologist from each of the five (5) regional forensic centers; (b) One (1) district attorney general; (c) One (1) district public defender; (d) Three (3) county medical examiners, one (1) from each grand division of Tennessee; (e) One (1) administrator from a non-hospital affiliated regional forensic center; (f) One (1) licensed funeral director; and (g) One (1) county mayor; and (iii) The state chief medical examiner who shall serve as an ex officio voting member of the council. (B) All regular appointments to the council shall be for terms of three (3) years with a maximum of two (2) consecutive terms. Each member shall serve until a successor is appointed. Vacancies shall be filled by appointment of the governor for the remainder of an unexpired term.
(1) There is created the Tennessee medical examiner advisory council, referred to in this section as the "council."
(2) (A) The council shall consist of seventeen (17) members, each of whom shall be a resident of this state. The membership of the council consists of: (i) Three (3) permanent ex officio voting members, consisting of: (a) The director of the Tennessee bureau of investigation, or the director's designee; (b) The speaker of the senate, or the speaker's designee; and (c) The speaker of the house of representatives, or the speaker's designee; (ii) The following members appointed by the governor: (a) One (1) forensic pathologist from each of the five (5) regional forensic centers; (b) One (1) district attorney general; (c) One (1) district public defender; (d) Three (3) county medical examiners, one (1) from each grand division of Tennessee; (e) One (1) administrator from a non-hospital affiliated regional forensic center; (f) One (1) licensed funeral director; and (g) One (1) county mayor; and (iii) The state chief medical examiner who shall serve as an ex officio voting member of the council. (B) All regular appointments to the council shall be for terms of three (3) years with a maximum of two (2) consecutive terms. Each member shall serve until a successor is appointed. Vacancies shall be filled by appointment of the governor for the remainder of an unexpired term.
(A) The council shall consist of seventeen (17) members, each of whom shall be a resident of this state. The membership of the council consists of: (i) Three (3) permanent ex officio voting members, consisting of: (a) The director of the Tennessee bureau of investigation, or the director's designee; (b) The speaker of the senate, or the speaker's designee; and (c) The speaker of the house of representatives, or the speaker's designee; (ii) The following members appointed by the governor: (a) One (1) forensic pathologist from each of the five (5) regional forensic centers; (b) One (1) district attorney general; (c) One (1) district public defender; (d) Three (3) county medical examiners, one (1) from each grand division of Tennessee; (e) One (1) administrator from a non-hospital affiliated regional forensic center; (f) One (1) licensed funeral director; and (g) One (1) county mayor; and (iii) The state chief medical examiner who shall serve as an ex officio voting member of the council.
(i) Three (3) permanent ex officio voting members, consisting of: (a) The director of the Tennessee bureau of investigation, or the director's designee; (b) The speaker of the senate, or the speaker's designee; and (c) The speaker of the house of representatives, or the speaker's designee;
(a) The director of the Tennessee bureau of investigation, or the director's designee;
(b) The speaker of the senate, or the speaker's designee; and
(c) The speaker of the house of representatives, or the speaker's designee;
(ii) The following members appointed by the governor: (a) One (1) forensic pathologist from each of the five (5) regional forensic centers; (b) One (1) district attorney general; (c) One (1) district public defender; (d) Three (3) county medical examiners, one (1) from each grand division of Tennessee; (e) One (1) administrator from a non-hospital affiliated regional forensic center; (f) One (1) licensed funeral director; and (g) One (1) county mayor; and
(a) One (1) forensic pathologist from each of the five (5) regional forensic centers;
(b) One (1) district attorney general;
(c) One (1) district public defender;
(d) Three (3) county medical examiners, one (1) from each grand division of Tennessee;
(e) One (1) administrator from a non-hospital affiliated regional forensic center;
(f) One (1) licensed funeral director; and
(g) One (1) county mayor; and
(iii) The state chief medical examiner who shall serve as an ex officio voting member of the council.
(B) All regular appointments to the council shall be for terms of three (3) years with a maximum of two (2) consecutive terms. Each member shall serve until a successor is appointed. Vacancies shall be filled by appointment of the governor for the remainder of an unexpired term.
(b) Each member of the council shall receive reimbursement for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(c) If an appointed administrator of the council is absent from more than half of the meetings scheduled in any calendar year without good cause, then a vacancy is created. The vacancy shall be filled by the governor.
(d) The council shall organize annually and shall meet to organize at the call of the prior year's chair. The council shall select the chair of the council. Meetings shall be held at least quarterly with additional meetings as frequently as may be required.
(e) Meetings of the council shall permit members to electronically participate in the meetings.
(f) The council shall have the power and duty to: (1) Review candidates and make a recommendation to the commissioner of health on the appointment of the chief medical examiner and deputy state medical examiners; (2) Assist the chief medical examiner in the development and updating of guidelines for death investigations and forensic autopsies in this state, to be promulgated as rules through the department of health; (3) Submit an annual report on the standards and guidelines of the medical examiners system to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate; (4) Periodically review standards and guidelines promulgated by the department of health for the medical examiner system; and (5) Provide reports and recommendations to the commissioner on causes of death which may need public health intervention, funding issues, information technology needs, and any other issues as the council sees fit.
(1) Review candidates and make a recommendation to the commissioner of health on the appointment of the chief medical examiner and deputy state medical examiners;
(2) Assist the chief medical examiner in the development and updating of guidelines for death investigations and forensic autopsies in this state, to be promulgated as rules through the department of health;
(3) Submit an annual report on the standards and guidelines of the medical examiners system to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate;
(4) Periodically review standards and guidelines promulgated by the department of health for the medical examiner system; and
(5) Provide reports and recommendations to the commissioner on causes of death which may need public health intervention, funding issues, information technology needs, and any other issues as the council sees fit.
Amended by 2019 Tenn. Acts, ch. 353,s 2, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 353,s 1, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 571,s 1, eff. 3/16/2018.
Amended by 2017 Tenn. Acts, ch. 444,s 3, eff. 7/1/2017.
Acts 2008, ch. 969, § 23.
Tenn. Code Ann. § 38-3-117 — TN Code / Title 38 / Chapter 3 / Section 38-3-117
Interaction of law enforcement officer with person who exhibits characteristics of acquired brain injury, intellectual disability, or developmental disability
Status: in_force

(a) Any law enforcement officer who interacts with a person who is a victim, witness, or suspect, or is otherwise stopped by a law enforcement officer in relation to an offense or violation, and who exhibits characteristics of an acquired brain injury, an intellectual disability, or a developmental disability shall make a good faith effort to immediately contact the parent or guardian of a minor, or a person's conservator regarding the interaction. (b) (1) A law enforcement officer shall, upon the request of a person diagnosed with an acquired brain injury, an intellectual disability, or a developmental disability or the parent or guardian of a minor, or the person's conservator, make a good faith effort to ensure that a psychiatrist, psychologist, mental health counselor, special education instructor, clinical social worker, or related professional is present at all interviews with the person. The professional must have experience treating, teaching, or assisting patients or clients who have been diagnosed with an acquired brain injury, an intellectual disability, or a developmental disability or must be certified in special education with a concentration focused on persons with an acquired brain injury, an intellectual disability, or a developmental disability. (2) If the person who has an acquired brain injury, an intellectual disability, or a developmental disability, or if the parent or guardian of a minor or the person's conservator, requests the presence of a professional at an interview, except for expenses related to accommodations mandated by state or federal disability law, the person shall initially be responsible for any costs or fees charged by the professional related thereto. If the person is a victim or witness, the defendant shall reimburse the victim or witness for all expenses related to the attendance of the professional at the interview, in addition to other restitution or penalties provided by law, upon conviction related to the offense involving the victim or witness. (3) Failure to have a professional present at the time of the interview is not a basis for suppression of the statement or the contents of the interview or for a cause of action against the law enforcement officer or agency. (4) This subsection (b) applies to a person who is the victim, a suspect, or a defendant formally accused of a crime. (c) Each law enforcement agency shall ensure that appropriate policies are developed that implement this section and that training is provided to law enforcement officers based on such policies. (d) For purposes of this section: (1) "Acquired brain injury" means an alteration in brain function or other evidence of brain pathology; and (2) "Developmental disability" and "intellectual disability" have the same meanings as defined in § 33-1-101 . Acts 2018, ch. 981, § 2.
(a) Any law enforcement officer who interacts with a person who is a victim, witness, or suspect, or is otherwise stopped by a law enforcement officer in relation to an offense or violation, and who exhibits characteristics of an acquired brain injury, an intellectual disability, or a developmental disability shall make a good faith effort to immediately contact the parent or guardian of a minor, or a person's conservator regarding the interaction.
(b) (1) A law enforcement officer shall, upon the request of a person diagnosed with an acquired brain injury, an intellectual disability, or a developmental disability or the parent or guardian of a minor, or the person's conservator, make a good faith effort to ensure that a psychiatrist, psychologist, mental health counselor, special education instructor, clinical social worker, or related professional is present at all interviews with the person. The professional must have experience treating, teaching, or assisting patients or clients who have been diagnosed with an acquired brain injury, an intellectual disability, or a developmental disability or must be certified in special education with a concentration focused on persons with an acquired brain injury, an intellectual disability, or a developmental disability. (2) If the person who has an acquired brain injury, an intellectual disability, or a developmental disability, or if the parent or guardian of a minor or the person's conservator, requests the presence of a professional at an interview, except for expenses related to accommodations mandated by state or federal disability law, the person shall initially be responsible for any costs or fees charged by the professional related thereto. If the person is a victim or witness, the defendant shall reimburse the victim or witness for all expenses related to the attendance of the professional at the interview, in addition to other restitution or penalties provided by law, upon conviction related to the offense involving the victim or witness. (3) Failure to have a professional present at the time of the interview is not a basis for suppression of the statement or the contents of the interview or for a cause of action against the law enforcement officer or agency. (4) This subsection (b) applies to a person who is the victim, a suspect, or a defendant formally accused of a crime.
(1) A law enforcement officer shall, upon the request of a person diagnosed with an acquired brain injury, an intellectual disability, or a developmental disability or the parent or guardian of a minor, or the person's conservator, make a good faith effort to ensure that a psychiatrist, psychologist, mental health counselor, special education instructor, clinical social worker, or related professional is present at all interviews with the person. The professional must have experience treating, teaching, or assisting patients or clients who have been diagnosed with an acquired brain injury, an intellectual disability, or a developmental disability or must be certified in special education with a concentration focused on persons with an acquired brain injury, an intellectual disability, or a developmental disability.
(2) If the person who has an acquired brain injury, an intellectual disability, or a developmental disability, or if the parent or guardian of a minor or the person's conservator, requests the presence of a professional at an interview, except for expenses related to accommodations mandated by state or federal disability law, the person shall initially be responsible for any costs or fees charged by the professional related thereto. If the person is a victim or witness, the defendant shall reimburse the victim or witness for all expenses related to the attendance of the professional at the interview, in addition to other restitution or penalties provided by law, upon conviction related to the offense involving the victim or witness.
(3) Failure to have a professional present at the time of the interview is not a basis for suppression of the statement or the contents of the interview or for a cause of action against the law enforcement officer or agency.
(4) This subsection (b) applies to a person who is the victim, a suspect, or a defendant formally accused of a crime.
(c) Each law enforcement agency shall ensure that appropriate policies are developed that implement this section and that training is provided to law enforcement officers based on such policies.
(d) For purposes of this section: (1) "Acquired brain injury" means an alteration in brain function or other evidence of brain pathology; and (2) "Developmental disability" and "intellectual disability" have the same meanings as defined in § 33-1-101 .
(1) "Acquired brain injury" means an alteration in brain function or other evidence of brain pathology; and
(2) "Developmental disability" and "intellectual disability" have the same meanings as defined in § 33-1-101 .
Acts 2018, ch. 981, § 2.
Tenn. Code Ann. § 38-12-111 — TN Code / Title 38 / Chapter 12 / Section 38-12-111
Policies
Status: in_force

The coordinating council has the authority to develop policies for the operation and functioning of the council. Amended by 2014 Tenn. Acts, ch. 779,s 5, eff. 7/1/2014. Acts 1999, ch. 257, § 4.
The coordinating council has the authority to develop policies for the operation and functioning of the council.
Amended by 2014 Tenn. Acts, ch. 779,s 5, eff. 7/1/2014.
Acts 1999, ch. 257, § 4.
Tenn. Code Ann. § 38-3-116 — TN Code / Title 38 / Chapter 3 / Section 38-3-116
Inquiry regarding arrested person's children and whether they will be left unattended by arrest - Policies and procedures for conducting welfare checks - Liability
Status: in_force

(a) Each law enforcement agency shall ensure that, whenever a person is arrested and taken into custody by an officer of the agency, the person is asked whether that person is the parent or legal custodian of any children that will be left unattended by the person's arrest. From this information, the officer shall determine whether the child or children will be endangered by the parent or legal custodian's absence following an arrest. (b) Each law enforcement agency shall develop policies and procedures for conducting welfare checks on any child identified under subsection (a) as endangered. A welfare check may be performed by the arresting agency or another agency responsible for ensuring the safety and welfare of children. (c) In the event the arrested person fails to inform the arresting law enforcement agency of any endangered children described in subsection (a), no arresting law enforcement agency, nor its personnel, shall be liable. Acts 2018, ch. 801, § 1.
(a) Each law enforcement agency shall ensure that, whenever a person is arrested and taken into custody by an officer of the agency, the person is asked whether that person is the parent or legal custodian of any children that will be left unattended by the person's arrest. From this information, the officer shall determine whether the child or children will be endangered by the parent or legal custodian's absence following an arrest.
(b) Each law enforcement agency shall develop policies and procedures for conducting welfare checks on any child identified under subsection (a) as endangered. A welfare check may be performed by the arresting agency or another agency responsible for ensuring the safety and welfare of children.
(c) In the event the arrested person fails to inform the arresting law enforcement agency of any endangered children described in subsection (a), no arresting law enforcement agency, nor its personnel, shall be liable.
Acts 2018, ch. 801, § 1.
Tenn. Code Ann. § 38-8-125 — TN Code / Title 38 / Chapter 8 / Section 38-8-125
Government participation in certain voluntary motor vehicle checkpoints and stops prohibited
Status: in_force

(a) "Human sample" means a cheek swab, blood or urine sample, saliva, hair or any other bodily fluid or exemplar from which the DNA of the donor may be derived and identified and for which a law enforcement officer would be required to seek a search warrant to obtain such sample. (b) No state, county, municipal or metropolitan form of government law enforcement officer shall participate in, lend assistance to, or be present in any official capacity at any voluntary motor vehicle checkpoint or stop conducted by a private company or research group to collect a human sample from consenting motorists stopped at the checkpoint for research or statistical purposes. (c) Subsection (b) is applicable regardless of whether the checkpoint is funded by federal grant or contract with a federal agency and regardless of whether the motorists consenting to giving a human sample are compensated or not. Acts 2014, ch. 578, § 1.
(a) "Human sample" means a cheek swab, blood or urine sample, saliva, hair or any other bodily fluid or exemplar from which the DNA of the donor may be derived and identified and for which a law enforcement officer would be required to seek a search warrant to obtain such sample.
(b) No state, county, municipal or metropolitan form of government law enforcement officer shall participate in, lend assistance to, or be present in any official capacity at any voluntary motor vehicle checkpoint or stop conducted by a private company or research group to collect a human sample from consenting motorists stopped at the checkpoint for research or statistical purposes.
(c) Subsection (b) is applicable regardless of whether the checkpoint is funded by federal grant or contract with a federal agency and regardless of whether the motorists consenting to giving a human sample are compensated or not.
Acts 2014, ch. 578, § 1.
Tenn. Code Ann. § 38-7-106 — TN Code / Title 38 / Chapter 7 / Section 38-7-106
When autopsies authorized - Notice to next of kin - Donor eyes and eye tissues
Status: in_force

(a) A county medical examiner may perform or order an autopsy on the body of any person in a case involving a homicide, suspected homicide, a suicide, a violent, unnatural or suspicious death, an unexpected apparent natural death in an adult, sudden unexpected infant and child deaths, deaths believed to represent a threat to public health or safety, and executed prisoners. When the county medical examiner decides to order an autopsy, the county medical examiner shall notify the district attorney general and the chief medical examiner. The chief medical examiner or the district attorney general may order an autopsy in such cases on the body of a person in the absence of the county medical examiner or if the county medical examiner has not ordered an autopsy. The district attorney general may order an autopsy in such cases on the body of a person in the absence of the county medical examiner or the failure of the county medical examiner to act. The authority ordering the autopsy shall notify the next of kin about the impending autopsy if the next of kin is known or reasonably ascertainable. The sheriff or other law enforcement agency of the jurisdiction shall serve process containing such notice and return such process within twenty-four (24) hours. (b) Notwithstanding subsection (a), if a request is received from an authorized official of a not-for-profit corporation chartered under the laws of the state, or authorized to do business in the state and certified by the Eye Bank Association of America to obtain, store and distribute donor eyes and eye tissues to be used for corneal transplants, for research and for other medical purposes, the county medical examiner may permit, at any time, the removal of the cornea or corneal tissue from the body of a deceased person in accordance with title 68, chapter 30, part 1. Acts 1961, ch. 174, § 6; T.C.A., § 38-706; Acts 1984, ch. 917, § 1; 1991, ch. 356, § 1; 1994, ch. 775, § 5; 1995, ch. 258, § 2; 2007, ch. 428, § 2; 2008, ch. 969, § 12.
(a) A county medical examiner may perform or order an autopsy on the body of any person in a case involving a homicide, suspected homicide, a suicide, a violent, unnatural or suspicious death, an unexpected apparent natural death in an adult, sudden unexpected infant and child deaths, deaths believed to represent a threat to public health or safety, and executed prisoners. When the county medical examiner decides to order an autopsy, the county medical examiner shall notify the district attorney general and the chief medical examiner. The chief medical examiner or the district attorney general may order an autopsy in such cases on the body of a person in the absence of the county medical examiner or if the county medical examiner has not ordered an autopsy. The district attorney general may order an autopsy in such cases on the body of a person in the absence of the county medical examiner or the failure of the county medical examiner to act. The authority ordering the autopsy shall notify the next of kin about the impending autopsy if the next of kin is known or reasonably ascertainable. The sheriff or other law enforcement agency of the jurisdiction shall serve process containing such notice and return such process within twenty-four (24) hours.
(b) Notwithstanding subsection (a), if a request is received from an authorized official of a not-for-profit corporation chartered under the laws of the state, or authorized to do business in the state and certified by the Eye Bank Association of America to obtain, store and distribute donor eyes and eye tissues to be used for corneal transplants, for research and for other medical purposes, the county medical examiner may permit, at any time, the removal of the cornea or corneal tissue from the body of a deceased person in accordance with title 68, chapter 30, part 1.
Acts 1961, ch. 174, § 6; T.C.A., § 38-706; Acts 1984, ch. 917, § 1; 1991, ch. 356, § 1; 1994, ch. 775, § 5; 1995, ch. 258, § 2; 2007, ch. 428, § 2; 2008, ch. 969, § 12.
Tenn. Code Ann. § 38-5-116 — TN Code / Title 38 / Chapter 5 / Section 38-5-116
Warrant for arrest if person not present
Status: in_force

If the person charged is not present, the coroner may issue a warrant to the sheriff, or any other lawful officer, requiring the officer to arrest such person and take the person before a magistrate. Code 1858, § 5312; Shan., § 7290; Code 1932, § 11891; T.C.A. (orig. ed.), § 38-416.
If the person charged is not present, the coroner may issue a warrant to the sheriff, or any other lawful officer, requiring the officer to arrest such person and take the person before a magistrate.
Code 1858, § 5312; Shan., § 7290; Code 1932, § 11891; T.C.A. (orig. ed.), § 38-416.
Tenn. Code Ann. § 38-1-303 — TN Code / Title 38 / Chapter 1 / Section 38-1-303
Contents of report
Status: in_force

The report may include, to the extent known by the doctor, physician, surgeon, health care provider or other person filing the report, the name, address and age of the child; the name, address and age of the alleged father; the alleged father's whereabouts at the time the report is made; the results of the diagnosis; and the facts requiring the report. The report may include any other pertinent information. Acts 1996, ch. 842, § 1.
The report may include, to the extent known by the doctor, physician, surgeon, health care provider or other person filing the report, the name, address and age of the child; the name, address and age of the alleged father; the alleged father's whereabouts at the time the report is made; the results of the diagnosis; and the facts requiring the report. The report may include any other pertinent information.
Acts 1996, ch. 842, § 1.
Tenn. Code Ann. § 38-6-132 — TN Code / Title 38 / Chapter 6 / Section 38-6-132
Establishment of elder financial exploitation reporting mechanism - Investigation of reports
Status: in_force

(a) By no later than October 1, 2024, the Tennessee bureau of investigation shall create an elder financial exploitation reporting mechanism that accepts reports from financial institutions as described in § 45-2-1204(b) . (b) Upon receiving a report of suspected elder financial exploitation, the bureau shall coordinate with the district attorney general in the appropriate judicial district and, when appropriate, with other law enforcement agencies and adult protective services for additional investigation of the reported exploitation. The bureau may share appropriate information with the district attorney general, other law enforcement agencies, and adult protective services to aid in the investigation of the reported exploitation. Added by 2024 Tenn. Acts, ch. 972,s 4, eff. 5/21/2024.
(a) By no later than October 1, 2024, the Tennessee bureau of investigation shall create an elder financial exploitation reporting mechanism that accepts reports from financial institutions as described in § 45-2-1204(b) .
(b) Upon receiving a report of suspected elder financial exploitation, the bureau shall coordinate with the district attorney general in the appropriate judicial district and, when appropriate, with other law enforcement agencies and adult protective services for additional investigation of the reported exploitation. The bureau may share appropriate information with the district attorney general, other law enforcement agencies, and adult protective services to aid in the investigation of the reported exploitation.
Added by 2024 Tenn. Acts, ch. 972,s 4, eff. 5/21/2024.
Tenn. Code Ann. § 38-9-105 — TN Code / Title 38 / Chapter 9 / Section 38-9-105
Violations - Penalty
Status: in_force

Municipalities may provide by ordinance that any person violating the provisions of orders issued by the chief administrative officer pursuant to this authorization during a proclaimed civil emergency commits a Class C misdemeanor. Acts 1968, ch. 485, § 5; T.C.A., § 38-905.
Municipalities may provide by ordinance that any person violating the provisions of orders issued by the chief administrative officer pursuant to this authorization during a proclaimed civil emergency commits a Class C misdemeanor.
Acts 1968, ch. 485, § 5; T.C.A., § 38-905.
Tenn. Code Ann. § 38-12-107 — TN Code / Title 38 / Chapter 12 / Section 38-12-107
Court personnel policy and education
Status: in_force

All state and local court administrators, court clerks, and judges, with personnel who are likely to encounter situations involving domestic violence, shall adopt a policy regarding domestic violence and provide initial and continuing education concerning the dynamics of domestic violence, and the handling and response procedures concerning allegations of domestic violence to all judges and court personnel who are likely to encounter allegations of domestic violence. Acts 1995, ch. 376, § 7.
All state and local court administrators, court clerks, and judges, with personnel who are likely to encounter situations involving domestic violence, shall adopt a policy regarding domestic violence and provide initial and continuing education concerning the dynamics of domestic violence, and the handling and response procedures concerning allegations of domestic violence to all judges and court personnel who are likely to encounter allegations of domestic violence.
Acts 1995, ch. 376, § 7.
Tenn. Code Ann. § 38-12-101 — TN Code / Title 38 / Chapter 12 / Section 38-12-101
Creation
Status: in_force

There is created the domestic violence state coordinating council. Acts 1995, ch. 376, § 1.
There is created the domestic violence state coordinating council.
Acts 1995, ch. 376, § 1.
Tenn. Code Ann. § 38-8-205 — TN Code / Title 38 / Chapter 8 / Section 38-8-205
Authorization to spend appropriated and contributed funds
Status: in_force

The agency designated by the governor to operate the academy, through its duly appointed representative, is authorized to expend such funds as may be appropriated by the general assembly and allotted by the commissioner of finance and administration for the purposes of this chapter; and to accept and expend any local, federal or foundation funds or contributions as may be received and allotted for the purposes of this part. Acts 1963, ch. 173, § 5; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 38-805.
The agency designated by the governor to operate the academy, through its duly appointed representative, is authorized to expend such funds as may be appropriated by the general assembly and allotted by the commissioner of finance and administration for the purposes of this chapter; and to accept and expend any local, federal or foundation funds or contributions as may be received and allotted for the purposes of this part.
Acts 1963, ch. 173, § 5; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 38-805.
Tenn. Code Ann. § 38-8-126 — TN Code / Title 38 / Chapter 8 / Section 38-8-126
Arrest of officer - Notification requirements - Suspension or revocation
Status: in_force

(a) (1) An officer certified under this part who is arrested for any offense shall notify the executive secretary of the commission of the arrest and the chief officer of the employing law enforcement agency or their designee within twenty-four (24) hours of the time the arrest was made, as contained in the arrest report. (2) The chief officer, or the chief officer's designee, of the law enforcement agency employing the officer at the time of the arrest shall notify the executive secretary of the commission of the arrest within twenty-four (24) hours of gaining knowledge of the arrest. (b) The commission may revoke or suspend the certification, withhold a pay supplement pursuant to § 38-8-111(e)(2) , or take any other lawful action against an officer certified under this part who is arrested for any offense and knowingly fails to notify the executive secretary of the commission of the arrest within the time period prescribed in subdivision (a)(1). Added by 2017 Tenn. Acts, ch. 301,s 2, eff. 7/1/2017.
(a) (1) An officer certified under this part who is arrested for any offense shall notify the executive secretary of the commission of the arrest and the chief officer of the employing law enforcement agency or their designee within twenty-four (24) hours of the time the arrest was made, as contained in the arrest report. (2) The chief officer, or the chief officer's designee, of the law enforcement agency employing the officer at the time of the arrest shall notify the executive secretary of the commission of the arrest within twenty-four (24) hours of gaining knowledge of the arrest.
(1) An officer certified under this part who is arrested for any offense shall notify the executive secretary of the commission of the arrest and the chief officer of the employing law enforcement agency or their designee within twenty-four (24) hours of the time the arrest was made, as contained in the arrest report.
(2) The chief officer, or the chief officer's designee, of the law enforcement agency employing the officer at the time of the arrest shall notify the executive secretary of the commission of the arrest within twenty-four (24) hours of gaining knowledge of the arrest.
(b) The commission may revoke or suspend the certification, withhold a pay supplement pursuant to § 38-8-111(e)(2) , or take any other lawful action against an officer certified under this part who is arrested for any offense and knowingly fails to notify the executive secretary of the commission of the arrest within the time period prescribed in subdivision (a)(1).
Added by 2017 Tenn. Acts, ch. 301,s 2, eff. 7/1/2017.
Tenn. Code Ann. § 38-1-802 — TN Code / Title 38 / Chapter 1 / Section 38-1-802
Rules
Status: in_force

The secretary of state may promulgate rules as necessary to implement this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2023 Tenn. Acts, ch. 177, s 1, eff. 7/1/2023.
The secretary of state may promulgate rules as necessary to implement this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2023 Tenn. Acts, ch. 177, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 38-8-117 — TN Code / Title 38 / Chapter 8 / Section 38-8-117
Training in animal and canine behavior
Status: in_force

(a) The course of training leading to the basic certificate of compliance issued by the Tennessee peace officer standards and training commission pursuant to § 38-8-107 , may include a course of instruction in animal behavior generally and canine behavior specifically. (b) The course shall be created and designed to instruct officer candidates in: (1) Basic animal behavioral characteristics, traits and methods by which an officer can ascertain whether an animal is likely to be or become aggressive and thereby constitute a threat to the officer or other people; (2) Situations and environments in which an animal is more likely to be or become aggressive and methods by which the officer can control or alter these situations or environments in order to best protect the officer and other people; and (3) Ways in which a law enforcement officer can control and neutralize an animal that is or becomes aggressive in a manner that utilizes the least amount of force or likelihood of harm to the animal necessary to protect the officer and other people. (c) (1) For law enforcement officers who have completed the animal behavior training course required by subsections (a) and (d) of this section, any annual in-service training, necessary for the salary supplement authorized in § 38-8-111 , may also include the animal behavior training course. (2) The annual in-service training course shall also include any updates or instructional or educational advancements that become available in this area. (d) Every officer who was employed prior to the time when the course of instruction was established and offered may be required to complete it as part of the officer's annual in-service training. Acts 2004, ch. 940, § 2.
(a) The course of training leading to the basic certificate of compliance issued by the Tennessee peace officer standards and training commission pursuant to § 38-8-107 , may include a course of instruction in animal behavior generally and canine behavior specifically.
(b) The course shall be created and designed to instruct officer candidates in: (1) Basic animal behavioral characteristics, traits and methods by which an officer can ascertain whether an animal is likely to be or become aggressive and thereby constitute a threat to the officer or other people; (2) Situations and environments in which an animal is more likely to be or become aggressive and methods by which the officer can control or alter these situations or environments in order to best protect the officer and other people; and (3) Ways in which a law enforcement officer can control and neutralize an animal that is or becomes aggressive in a manner that utilizes the least amount of force or likelihood of harm to the animal necessary to protect the officer and other people.
(1) Basic animal behavioral characteristics, traits and methods by which an officer can ascertain whether an animal is likely to be or become aggressive and thereby constitute a threat to the officer or other people;
(2) Situations and environments in which an animal is more likely to be or become aggressive and methods by which the officer can control or alter these situations or environments in order to best protect the officer and other people; and
(3) Ways in which a law enforcement officer can control and neutralize an animal that is or becomes aggressive in a manner that utilizes the least amount of force or likelihood of harm to the animal necessary to protect the officer and other people.
(c) (1) For law enforcement officers who have completed the animal behavior training course required by subsections (a) and (d) of this section, any annual in-service training, necessary for the salary supplement authorized in § 38-8-111 , may also include the animal behavior training course. (2) The annual in-service training course shall also include any updates or instructional or educational advancements that become available in this area.
(1) For law enforcement officers who have completed the animal behavior training course required by subsections (a) and (d) of this section, any annual in-service training, necessary for the salary supplement authorized in § 38-8-111 , may also include the animal behavior training course.
(2) The annual in-service training course shall also include any updates or instructional or educational advancements that become available in this area.
(d) Every officer who was employed prior to the time when the course of instruction was established and offered may be required to complete it as part of the officer's annual in-service training.
Acts 2004, ch. 940, § 2.
Tenn. Code Ann. § 38-1-501 — TN Code / Title 38 / Chapter 1 / Section 38-1-501
Short title
Status: in_force

This part shall be known and may be cited as the "Racial Profiling Prevention Act." Added by 2015 Tenn. Acts, ch. 335,s 1, eff. 5/4/2015.
This part shall be known and may be cited as the "Racial Profiling Prevention Act."
Added by 2015 Tenn. Acts, ch. 335,s 1, eff. 5/4/2015.
Tenn. Code Ann. § 38-5-108 — TN Code / Title 38 / Chapter 5 / Section 38-5-108
Employment of chemist
Status: in_force

The coroner may also, whenever deemed necessary, employ a competent chemist to examine for poison, and make an analysis of suspected substances, whose fee, not exceeding twenty dollars ($20.00), shall be allowed in the bill of costs. Code 1858, § 5304 (deriv. Acts 1849-1850, ch. 75, § 4); Shan., §7282; Code 1932, § 11883; T.C.A. (orig. ed.), § 38-408.
The coroner may also, whenever deemed necessary, employ a competent chemist to examine for poison, and make an analysis of suspected substances, whose fee, not exceeding twenty dollars ($20.00), shall be allowed in the bill of costs.
Code 1858, § 5304 (deriv. Acts 1849-1850, ch. 75, § 4); Shan., §7282; Code 1932, § 11883; T.C.A. (orig. ed.), § 38-408.
Tenn. Code Ann. § 38-5-115 — TN Code / Title 38 / Chapter 5 / Section 38-5-115
Arrest of person if present
Status: in_force

If the jury finds that the deceased died by the act of another by unlawful means, the coroner may arrest the person implicated, if present, and may make out a warrant requiring an officer, or other person authorized by the officer, to take such person before a magistrate, or may commit the person until the person can be carried before a magistrate. Code 1858, § 5311; Shan., § 7289; Code 1932, § 11890; T.C.A. (orig. ed.), § 38-415.
If the jury finds that the deceased died by the act of another by unlawful means, the coroner may arrest the person implicated, if present, and may make out a warrant requiring an officer, or other person authorized by the officer, to take such person before a magistrate, or may commit the person until the person can be carried before a magistrate.
Code 1858, § 5311; Shan., § 7289; Code 1932, § 11890; T.C.A. (orig. ed.), § 38-415.
Tenn. Code Ann. § 38-8-304 — TN Code / Title 38 / Chapter 8 / Section 38-8-304
Officer notified of charges and sanctions - Opportunity to respond - Counsel
Status: in_force

Before any dismissal, demotion, suspension without pay or transfer for punitive reasons may be imposed, the following must be complied with: (1) The police officer shall be notified in writing of all charges, the basis for the charges, and the action that may be taken; (2) The police officer shall be given an opportunity, within a reasonable time limit after the date of the written notice provided for in subdivision (1), to respond orally and in writing to the charges. The time limit shall be determined by the agency, but in no event shall it be less than five (5) calendar days unless agreed to by the police officer; and (3) In making a response, the police officer may be assisted by counsel at the officer's own expense. Acts 1989, ch. 398, § 4.
Before any dismissal, demotion, suspension without pay or transfer for punitive reasons may be imposed, the following must be complied with:
(1) The police officer shall be notified in writing of all charges, the basis for the charges, and the action that may be taken;
(2) The police officer shall be given an opportunity, within a reasonable time limit after the date of the written notice provided for in subdivision (1), to respond orally and in writing to the charges. The time limit shall be determined by the agency, but in no event shall it be less than five (5) calendar days unless agreed to by the police officer; and
(3) In making a response, the police officer may be assisted by counsel at the officer's own expense.
Acts 1989, ch. 398, § 4.
Tenn. Code Ann. § 38-6-120 — TN Code / Title 38 / Chapter 6 / Section 38-6-120
Criminal history information compiled from intrastate sources - Fees
Status: in_force

(a) Criminal history information compiled by the Tennessee bureau of investigation (TBI) from intrastate sources shall be available on a priority basis to criminal justice agencies for criminal justice purposes free of charge. After providing the TBI with all known identifying information, persons in the private sector and noncriminal justice agencies may be provided criminal history information upon tender of fees as established in subsection (b), and in the manner prescribed by rule of the TBI. Such fees are to offset expenditures related to operational costs of the TBI. Any access to criminal history information by the private sector or noncriminal justice agencies as provided in this subsection (a) shall be assessed without regard to the quantity or category of criminal history record information requested. Fees may be reduced by the director of the TBI for good cause shown. (b) The fee per record for criminal history information provided pursuant to this section is twenty-nine dollars ($29.00) per name submitted. Acts 2004, ch. 552, § 1.
(a) Criminal history information compiled by the Tennessee bureau of investigation (TBI) from intrastate sources shall be available on a priority basis to criminal justice agencies for criminal justice purposes free of charge. After providing the TBI with all known identifying information, persons in the private sector and noncriminal justice agencies may be provided criminal history information upon tender of fees as established in subsection (b), and in the manner prescribed by rule of the TBI. Such fees are to offset expenditures related to operational costs of the TBI. Any access to criminal history information by the private sector or noncriminal justice agencies as provided in this subsection (a) shall be assessed without regard to the quantity or category of criminal history record information requested. Fees may be reduced by the director of the TBI for good cause shown.
(b) The fee per record for criminal history information provided pursuant to this section is twenty-nine dollars ($29.00) per name submitted.
Acts 2004, ch. 552, § 1.
Tenn. Code Ann. § 38-7-103 — TN Code / Title 38 / Chapter 7 / Section 38-7-103
Chief medical examiner - Deputies and assistants - Duties and authority
Status: in_force

(a) The chief medical examiner shall be a physician with an unlimited license to practice medicine and surgery in the state of Tennessee, or who is qualified and eligible for such license, and shall be required to obtain a license within the six-month period after employment. The chief medical examiner shall be a pathologist who is certified by the American Board of Pathology and who holds a certificate of competency in forensic pathology. In addition to the chief medical examiner's other administrative duties, the chief medical examiner's educational duties shall include developing and providing initial training and regular continuing education to all county medical examiners and medical investigators. The chief medical examiner shall be appointed to a five-year term, and may serve unlimited consecutive terms. (b) The Tennessee medical examiner advisory council shall recommend to the chief medical examiner three (3) deputy state medical examiners, one (1) from each grand division of the state. The chief medical examiner, in consultation with the advisory council and with the approval of the commissioner of health, shall appoint the three (3) deputy state medical examiners and any assistant state medical examiners needed for regional administrative, professional and technical duties. The deputy medical examiners shall be based in one (1) of the state forensic centers. These state medical examiners shall have the same qualifications as the chief medical examiner. In addition to their other administrative, professional and technical duties, the deputy and assistant state medical examiners may lecture to medical and law school classes and conduct such special classes for county medical examiners and law enforcement officers and other investigators. (c) The chief medical examiner shall have investigative authority for certain types of death that are in the interests of the state, including mass fatality incidents, for the identification, examination and disposition of victims' remains, and instances that represent a threat to the public health or safety, or both. Acts 1961, ch. 174, § 3; T.C.A., § 38-703; Acts 1994, ch. 775, §§ 1, 2; 2008, ch. 969, §§ 2-4.
(a) The chief medical examiner shall be a physician with an unlimited license to practice medicine and surgery in the state of Tennessee, or who is qualified and eligible for such license, and shall be required to obtain a license within the six-month period after employment. The chief medical examiner shall be a pathologist who is certified by the American Board of Pathology and who holds a certificate of competency in forensic pathology. In addition to the chief medical examiner's other administrative duties, the chief medical examiner's educational duties shall include developing and providing initial training and regular continuing education to all county medical examiners and medical investigators. The chief medical examiner shall be appointed to a five-year term, and may serve unlimited consecutive terms.
(b) The Tennessee medical examiner advisory council shall recommend to the chief medical examiner three (3) deputy state medical examiners, one (1) from each grand division of the state. The chief medical examiner, in consultation with the advisory council and with the approval of the commissioner of health, shall appoint the three (3) deputy state medical examiners and any assistant state medical examiners needed for regional administrative, professional and technical duties. The deputy medical examiners shall be based in one (1) of the state forensic centers. These state medical examiners shall have the same qualifications as the chief medical examiner. In addition to their other administrative, professional and technical duties, the deputy and assistant state medical examiners may lecture to medical and law school classes and conduct such special classes for county medical examiners and law enforcement officers and other investigators.
(c) The chief medical examiner shall have investigative authority for certain types of death that are in the interests of the state, including mass fatality incidents, for the identification, examination and disposition of victims' remains, and instances that represent a threat to the public health or safety, or both.
Acts 1961, ch. 174, § 3; T.C.A., § 38-703; Acts 1994, ch. 775, §§ 1, 2; 2008, ch. 969, §§ 2-4.