Tenn. Code Ann. § 40-3-207 — TN Code / Title 40 / Chapter 3 / Section 40-3-207
Deposit of fees - Records - Reports - Audits
Status: in_force

(a) The clerk in each county shall deposit all fees collected in accordance with this part in an account with the county trustee in the county of the district attorney general's residence, and expenditures from this fund shall be made by the district attorney general only for the purposes provided in § 40-3-202 . (b) The district attorney general shall keep strict records as to the use of the funds, and shall annually submit to the comptroller of the treasury, for audit and comment, a detailed report of expenditures. (c) In addition, the account maintained in the trustee's office shall be subject to audit by the comptroller of the treasury as a part of the comptroller of the treasury's regular post audit of county governmental agencies. Acts 1984, ch. 998, § 7; 2003 , ch. 291, § 2.
(a) The clerk in each county shall deposit all fees collected in accordance with this part in an account with the county trustee in the county of the district attorney general's residence, and expenditures from this fund shall be made by the district attorney general only for the purposes provided in § 40-3-202 .
(b) The district attorney general shall keep strict records as to the use of the funds, and shall annually submit to the comptroller of the treasury, for audit and comment, a detailed report of expenditures.
(c) In addition, the account maintained in the trustee's office shall be subject to audit by the comptroller of the treasury as a part of the comptroller of the treasury's regular post audit of county governmental agencies.
Acts 1984, ch. 998, § 7; 2003 , ch. 291, § 2.
Tenn. Code Ann. § 40-20-205 — TN Code / Title 40 / Chapter 20 / Section 40-20-205
Excluded offenders
Status: in_force

An offender convicted of any of the following offenses is ineligible to participate in the special alternative incarceration program: (1) Class A felony; (2) Aggravated robbery; (3) An offense involving sexual contact or sexual penetration, as defined in § 39-13-501 ; (4) An offense involving child abuse, child sexual abuse, or sexual exploitation of a minor; (5) An offense involving the illegal distribution or sale of a controlled substance or controlled substance analogue to a minor; (6) An offense involving serious bodily injury, as defined in § 39-11-106 ; or (7) An offense involving death to a victim or bystander. Acts 1989, ch. 217, § 6; 1992, ch. 838, § 4; 2012, ch. 848, § 32.
An offender convicted of any of the following offenses is ineligible to participate in the special alternative incarceration program:
(1) Class A felony;
(2) Aggravated robbery;
(3) An offense involving sexual contact or sexual penetration, as defined in § 39-13-501 ;
(4) An offense involving child abuse, child sexual abuse, or sexual exploitation of a minor;
(5) An offense involving the illegal distribution or sale of a controlled substance or controlled substance analogue to a minor;
(6) An offense involving serious bodily injury, as defined in § 39-11-106 ; or
(7) An offense involving death to a victim or bystander.
Acts 1989, ch. 217, § 6; 1992, ch. 838, § 4; 2012, ch. 848, § 32.
Tenn. Code Ann. § 40-26-102 — TN Code / Title 40 / Chapter 26 / Section 40-26-102
Bail in felony cases
Status: in_force

(a) In all felony cases where an appeal has been taken from the trial court to the appropriate appellate court, it is discretionary with the trial judge as to whether or not the trial judge will allow bail pending appeal where the sentence imposed provides for confinement in the state penitentiary. (b) The trial judge shall, in exercising the trial judge's discretion, consider whether or not the defendant is likely to flee or pose a danger to any other person or to the community. (c) Every trial judge denying bail under this section shall, as a part of the order denying bail, set forth the matters and facts impelling the trial judge to exercise the trial judge's discretion against the allowance of bail pending appeal. (d) The trial judge's action in the premises shall be reviewable by the proper appellate court or any appellate court judge or justice in the manner provided in the Tennessee Rules of Appellate Procedure. (e) The setting of bail or release upon recognizance is a matter of right for one convicted of a felony and sentenced to confinement for less than one (1) year. If another felony charge is pending when the sentencing hearing for a felony involving a sentence of less than one (1) year is completed, the decision to set bail shall be in the discretion of the court. (f) If a defendant is convicted of first degree murder, any Class A felony, aggravated robbery, aggravated sexual battery, aggravated kidnapping, or a violation of § 39-17-417(b) or (i) , the trial court shall revoke bail immediately notwithstanding sentencing hearings, motions for a new trial, and related post-guilt determination hearings. Acts 1951, ch. 7, § 1 (Williams, § 11651.1); 1974, ch. 734, § 1; 1976, ch. 774, § 2; 1978, ch. 578, § 1; 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3406; Acts 1992, ch. 851, § 1.
(a) In all felony cases where an appeal has been taken from the trial court to the appropriate appellate court, it is discretionary with the trial judge as to whether or not the trial judge will allow bail pending appeal where the sentence imposed provides for confinement in the state penitentiary.
(b) The trial judge shall, in exercising the trial judge's discretion, consider whether or not the defendant is likely to flee or pose a danger to any other person or to the community.
(c) Every trial judge denying bail under this section shall, as a part of the order denying bail, set forth the matters and facts impelling the trial judge to exercise the trial judge's discretion against the allowance of bail pending appeal.
(d) The trial judge's action in the premises shall be reviewable by the proper appellate court or any appellate court judge or justice in the manner provided in the Tennessee Rules of Appellate Procedure.
(e) The setting of bail or release upon recognizance is a matter of right for one convicted of a felony and sentenced to confinement for less than one (1) year. If another felony charge is pending when the sentencing hearing for a felony involving a sentence of less than one (1) year is completed, the decision to set bail shall be in the discretion of the court.
(f) If a defendant is convicted of first degree murder, any Class A felony, aggravated robbery, aggravated sexual battery, aggravated kidnapping, or a violation of § 39-17-417(b) or (i) , the trial court shall revoke bail immediately notwithstanding sentencing hearings, motions for a new trial, and related post-guilt determination hearings.
Acts 1951, ch. 7, § 1 (Williams, § 11651.1); 1974, ch. 734, § 1; 1976, ch. 774, § 2; 1978, ch. 578, § 1; 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3406; Acts 1992, ch. 851, § 1.
Tenn. Code Ann. § 40-38-101 — TN Code / Title 40 / Chapter 38 / Section 40-38-101
Legislative intent - Short title
Status: in_force

(a) The general assembly finds and declares that victims and witnesses shall have certain rights in this state and that they shall be made aware of these rights. (b) This part shall be known and may be cited as the "Victims' Bill of Rights." Acts 1990, ch. 957, § 1; 1993, ch. 527, § 1.
(a) The general assembly finds and declares that victims and witnesses shall have certain rights in this state and that they shall be made aware of these rights.
(b) This part shall be known and may be cited as the "Victims' Bill of Rights."
Acts 1990, ch. 957, § 1; 1993, ch. 527, § 1.
Tenn. Code Ann. § 40-25-107 — TN Code / Title 40 / Chapter 25 / Section 40-25-107
State and county expense fees for misdemeanors
Status: in_force

Every person indicted or presented in any court or tried on state warrants charging driving while intoxicated, or carrying a deadly weapon with the intent to be armed, tried in a court of general sessions, for a misdemeanor, except when acquitted, before the person is discharged, shall be required by the judgment of the court to pay or secure or work out in the workhouse, in addition to all other costs, a county expense fee of five dollars ($5.00) for each defendant. The county expense fee shall be included and recovered as part of the costs of the case, and collected and paid over as costs. The county expense fee shall be paid to the county. Acts 1919, ch. 57, § 1; Shan. Supp., § 7616a1; Code 1932, §12243; Acts 1961, ch. 307, § 1; 1978, ch. 839, § 5; 1981, ch. 488, §3; T.C.A. (orig. ed.), § 40-3307.
Every person indicted or presented in any court or tried on state warrants charging driving while intoxicated, or carrying a deadly weapon with the intent to be armed, tried in a court of general sessions, for a misdemeanor, except when acquitted, before the person is discharged, shall be required by the judgment of the court to pay or secure or work out in the workhouse, in addition to all other costs, a county expense fee of five dollars ($5.00) for each defendant. The county expense fee shall be included and recovered as part of the costs of the case, and collected and paid over as costs. The county expense fee shall be paid to the county.
Acts 1919, ch. 57, § 1; Shan. Supp., § 7616a1; Code 1932, §12243; Acts 1961, ch. 307, § 1; 1978, ch. 839, § 5; 1981, ch. 488, §3; T.C.A. (orig. ed.), § 40-3307.
Tenn. Code Ann. § 40-23-102 — TN Code / Title 40 / Chapter 23 / Section 40-23-102
Defendant in custody at time of judgment
Status: in_force

Where the judgment of the court is that the defendant be imprisoned, the time for confinement, if the defendant is in jail, shall begin to run from the day of final judgment. C. Supp. 1950, § 11761.1; T.C.A. (orig. ed.), § 40-3101.
Where the judgment of the court is that the defendant be imprisoned, the time for confinement, if the defendant is in jail, shall begin to run from the day of final judgment.
C. Supp. 1950, § 11761.1; T.C.A. (orig. ed.), § 40-3101.
Tenn. Code Ann. § 40-25-134 — TN Code / Title 40 / Chapter 25 / Section 40-25-134
Judgment for costs
Status: in_force

The judgment for costs may be rendered at the time of conviction, or, upon motion, at any time subsequent to conviction, and execution awarded accordingly. Code 1858, §5578; Shan., § 7610; Code 1932, § 12237; T.C.A. (orig. ed.), § 40-3336.
The judgment for costs may be rendered at the time of conviction, or, upon motion, at any time subsequent to conviction, and execution awarded accordingly.
Code 1858, §5578; Shan., § 7610; Code 1932, § 12237; T.C.A. (orig. ed.), § 40-3336.
Tenn. Code Ann. § 40-13-109 — TN Code / Title 40 / Chapter 13 / Section 40-13-109
Entry in minutes of felony indictments
Status: in_force

All indictments for public offenses of the grade of felony, returned into court by the grand jury with the endorsement a "true bill" shall be entered by the clerk with the return in full on the minutes of the court and the originals compared with the entry by the judge before the judge signs the proceedings of the day. Code 1858, § 5138 (deriv. Acts 1839-1840, ch. 105, §§ 1, 2); Shan., § 7101; Code 1932, § 11647; T.C.A. (orig. ed.), § 40-1710.
All indictments for public offenses of the grade of felony, returned into court by the grand jury with the endorsement a "true bill" shall be entered by the clerk with the return in full on the minutes of the court and the originals compared with the entry by the judge before the judge signs the proceedings of the day.
Code 1858, § 5138 (deriv. Acts 1839-1840, ch. 105, §§ 1, 2); Shan., § 7101; Code 1932, § 11647; T.C.A. (orig. ed.), § 40-1710.
Tenn. Code Ann. § 40-35-319 — TN Code / Title 40 / Chapter 35 / Section 40-35-319
Place of confinement if not otherwise provided for - Finality of judgment
Status: in_force

(a) If a defendant convicted of a felony does not receive another type of sentence authorized by this chapter or if a defendant convicted of a felony is either not granted or is ineligible for another sentence authorized by this chapter, the place of confinement shall be designated as the department of correction unless prohibited by other statutes. (b) Except as provided in § 40-35-212(d) or Rule 35(b) of the Tennessee Rules of Criminal Procedure, once the judgment becomes final in the trial court, the court shall have no jurisdiction or authority to change the sentence in any manner. Acts 1989, ch. 591, § 6.
(a) If a defendant convicted of a felony does not receive another type of sentence authorized by this chapter or if a defendant convicted of a felony is either not granted or is ineligible for another sentence authorized by this chapter, the place of confinement shall be designated as the department of correction unless prohibited by other statutes.
(b) Except as provided in § 40-35-212(d) or Rule 35(b) of the Tennessee Rules of Criminal Procedure, once the judgment becomes final in the trial court, the court shall have no jurisdiction or authority to change the sentence in any manner.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-14-104 — TN Code / Title 40 / Chapter 14 / Section 40-14-104
Access of spouse and counsel
Status: in_force

The defendant's spouse and counsel, whether the counsel is employed by the defendant or appointed by the court, shall be allowed access to the defendant at all reasonable hours. Code 1858, § 5207; Shan., § 7171; Code 1932, § 11735; T.C.A. (orig. ed.), § 40-2004.
The defendant's spouse and counsel, whether the counsel is employed by the defendant or appointed by the court, shall be allowed access to the defendant at all reasonable hours.
Code 1858, § 5207; Shan., § 7171; Code 1932, § 11735; T.C.A. (orig. ed.), § 40-2004.
Tenn. Code Ann. § 40-11-111 — TN Code / Title 40 / Chapter 11 / Section 40-11-111
Bail for persons under disability
Status: in_force

(a) Individuals who are unable to perform activities of daily living as the result of a severe and persistent mental illness, or individuals who have been adjudicated mentally incompetent, or infants, need not personally make the deposit or execute the bail bond as may be required under §§ 40-11-101 - 40-11-144, but the deposit and execution may be made for such individuals by anyone found by the sheriff or clerk taking the bond to be a responsible substitute. (b) For the purposes of this section, an individual shall be considered to have a severe and persistent mental illness if: (1) Such individual has a psychiatric diagnosis or symptoms consistent with a psychiatric diagnosis as specified in the latest edition of the American Psychiatric Association Diagnostic and Statistical Manual ; and (2) Such individual has delusions, hallucinations, extremely disorganized thinking or other significant disruptions of consciousness, memory, and perception that are not attributable solely to the acute effects of alcohol or other drugs; and (3) Such individual has a documented medical history of the items listed in subdivisions (b)(1) and (2). (c) For purposes of this section, unless the context otherwise requires: (1) "Delusions" means fixed, clearly false beliefs; and (2) "Hallucinations" means clearly erroneous perceptions of reality. Acts 1978, ch. 506, § 11; T.C.A., § 40-1211; Acts 2010 , ch. 937, § 1.
(a) Individuals who are unable to perform activities of daily living as the result of a severe and persistent mental illness, or individuals who have been adjudicated mentally incompetent, or infants, need not personally make the deposit or execute the bail bond as may be required under §§ 40-11-101 - 40-11-144, but the deposit and execution may be made for such individuals by anyone found by the sheriff or clerk taking the bond to be a responsible substitute.
(b) For the purposes of this section, an individual shall be considered to have a severe and persistent mental illness if: (1) Such individual has a psychiatric diagnosis or symptoms consistent with a psychiatric diagnosis as specified in the latest edition of the American Psychiatric Association Diagnostic and Statistical Manual ; and (2) Such individual has delusions, hallucinations, extremely disorganized thinking or other significant disruptions of consciousness, memory, and perception that are not attributable solely to the acute effects of alcohol or other drugs; and (3) Such individual has a documented medical history of the items listed in subdivisions (b)(1) and (2).
(1) Such individual has a psychiatric diagnosis or symptoms consistent with a psychiatric diagnosis as specified in the latest edition of the American Psychiatric Association Diagnostic and Statistical Manual ; and
(2) Such individual has delusions, hallucinations, extremely disorganized thinking or other significant disruptions of consciousness, memory, and perception that are not attributable solely to the acute effects of alcohol or other drugs; and
(3) Such individual has a documented medical history of the items listed in subdivisions (b)(1) and (2).
(c) For purposes of this section, unless the context otherwise requires: (1) "Delusions" means fixed, clearly false beliefs; and (2) "Hallucinations" means clearly erroneous perceptions of reality.
(1) "Delusions" means fixed, clearly false beliefs; and
(2) "Hallucinations" means clearly erroneous perceptions of reality.
Acts 1978, ch. 506, § 11; T.C.A., § 40-1211; Acts 2010 , ch. 937, § 1.
Tenn. Code Ann. § 40-20-109 — TN Code / Title 40 / Chapter 20 / Section 40-20-109
Jail sentences and fines unaffected
Status: in_force

Sections 40-20-107 - 40-20-110 shall not interfere with the operation of statutes providing for punishment for certain offenses by fine or imprisonment in the county jail or both. Acts 1913, ch. 8, § 1; Shan., § 7202a4; Code 1932, § 11769; T.C.A. (orig. ed.), § 40-2709.
Sections 40-20-107 - 40-20-110 shall not interfere with the operation of statutes providing for punishment for certain offenses by fine or imprisonment in the county jail or both.
Acts 1913, ch. 8, § 1; Shan., § 7202a4; Code 1932, § 11769; T.C.A. (orig. ed.), § 40-2709.
Tenn. Code Ann. § 40-30-406 — TN Code / Title 40 / Chapter 30 / Section 40-30-406
Payment for analysis
Status: in_force

If an order is issued pursuant to § 40-30-404 , then the court shall order the analysis and payment pursuant to § 40-30-413 , if necessary. If an order is issued pursuant to § 40-30-405 , the court may require the petitioner to pay for the analysis, unless the petitioner is determined indigent by the court. Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
If an order is issued pursuant to § 40-30-404 , then the court shall order the analysis and payment pursuant to § 40-30-413 , if necessary. If an order is issued pursuant to § 40-30-405 , the court may require the petitioner to pay for the analysis, unless the petitioner is determined indigent by the court.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 40-7-115 — TN Code / Title 40 / Chapter 7 / Section 40-7-115
Breaking in to retake escaped prisoner
Status: in_force

To retake the party escaping or rescued, the person pursuing may, after notice of that person's intention and refusal of admittance, break open any outer or inner door or window of a dwelling house. Code 1858, § 5047; Shan., § 7007; Code 1932, § 11546; T.C.A. (orig. ed.), § 40-823.
To retake the party escaping or rescued, the person pursuing may, after notice of that person's intention and refusal of admittance, break open any outer or inner door or window of a dwelling house.
Code 1858, § 5047; Shan., § 7007; Code 1932, § 11546; T.C.A. (orig. ed.), § 40-823.
Tenn. Code Ann. § 40-20-105 — TN Code / Title 40 / Chapter 20 / Section 40-20-105
Plea of guilty - Waiver of jury
Status: in_force

Nothing in § 40-20-104 shall prevent any person indicted or presented in a court of record for the alleged commission of any misdemeanor as set out in that section from pleading guilty and submitting the case to the trial judge for assessment of punishment; nor shall anything in § 40-20-104 prevent a person, upon a plea of not guilty, from waiving the right to a trial by jury and submitting the case to the trial judge for decision both as to guilt and punishment. Acts 1947, ch. 82, § 1; C. Supp. 1950, § 11765 (Williams, § 11760.1); T.C.A. (orig. ed.), § 40-2705; Acts 1996, ch. 675, § 32.
Nothing in § 40-20-104 shall prevent any person indicted or presented in a court of record for the alleged commission of any misdemeanor as set out in that section from pleading guilty and submitting the case to the trial judge for assessment of punishment; nor shall anything in § 40-20-104 prevent a person, upon a plea of not guilty, from waiving the right to a trial by jury and submitting the case to the trial judge for decision both as to guilt and punishment.
Acts 1947, ch. 82, § 1; C. Supp. 1950, § 11765 (Williams, § 11760.1); T.C.A. (orig. ed.), § 40-2705; Acts 1996, ch. 675, § 32.
Tenn. Code Ann. § 40-17-106 — TN Code / Title 40 / Chapter 17 / Section 40-17-106
Endorsement of names of witnesses
Status: in_force

It is the duty of the district attorney general to endorse on each indictment or presentment, at the term at which the indictment or presentment is found, the names of the witnesses as the district attorney general intends shall be summoned in the cause, and sign each indictment or presentment name thereto. Code 1858, § 5596; Shan., § 7637; Code 1932, § 12266; modified; T.C.A. (orig. ed.), § 40-2047.
It is the duty of the district attorney general to endorse on each indictment or presentment, at the term at which the indictment or presentment is found, the names of the witnesses as the district attorney general intends shall be summoned in the cause, and sign each indictment or presentment name thereto.
Code 1858, § 5596; Shan., § 7637; Code 1932, § 12266; modified; T.C.A. (orig. ed.), § 40-2047.
Tenn. Code Ann. § 40-10-114 — TN Code / Title 40 / Chapter 10 / Section 40-10-114
Waiver of preliminary hearing - Objection by state
Status: in_force

The preliminary hearing may not be waived by the defendant if the state makes a timely objection, for good cause shown, to the defendant's request for waiver. Added by 2015 Tenn. Acts, ch. 329, s 1, eff. 7/1/2015.
The preliminary hearing may not be waived by the defendant if the state makes a timely objection, for good cause shown, to the defendant's request for waiver.
Added by 2015 Tenn. Acts, ch. 329, s 1, eff. 7/1/2015.
Tenn. Code Ann. § 40-38-109 — TN Code / Title 40 / Chapter 38 / Section 40-38-109
Notice to crime victims of eligibility for compensation
Status: in_force

The office of the district attorney general shall notify, in writing, each victim of a violent crime who may be eligible for compensation under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13, of the methods by which the victim may obtain compensation. The written notice shall be substantially in the form and content as prescribed by the state treasurer. In cases involving the death of a victim, the notification shall be given to the closest relative to the deceased victim. For purposes of this section, "closest relative" has the same meaning as that given in § 34-1-101 . Acts 1998, ch. 785, § 30.
The office of the district attorney general shall notify, in writing, each victim of a violent crime who may be eligible for compensation under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13, of the methods by which the victim may obtain compensation. The written notice shall be substantially in the form and content as prescribed by the state treasurer. In cases involving the death of a victim, the notification shall be given to the closest relative to the deceased victim. For purposes of this section, "closest relative" has the same meaning as that given in § 34-1-101 .
Acts 1998, ch. 785, § 30.
Tenn. Code Ann. § 40-12-202 — TN Code / Title 40 / Chapter 12 / Section 40-12-202
Committee review of application
Status: in_force

(a) Upon receipt or the making of an application for an investigative grand jury, the attorney general and reporter shall immediately notify the other members of the committee described in § 40-12-201 . (b) The committee shall meet in person as soon as is reasonably possible to consider the application. (c) Consent to file the petition must be by unanimous vote of the committee. (d) The district attorney general shall be notified in writing of the committee's action on the application. Acts 1990, ch. 1051, § 1.
(a) Upon receipt or the making of an application for an investigative grand jury, the attorney general and reporter shall immediately notify the other members of the committee described in § 40-12-201 .
(b) The committee shall meet in person as soon as is reasonably possible to consider the application.
(c) Consent to file the petition must be by unanimous vote of the committee.
(d) The district attorney general shall be notified in writing of the committee's action on the application.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-35-101 — TN Code / Title 40 / Chapter 35 / Section 40-35-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Criminal Sentencing Reform Act of 1989." Acts 1989, ch. 591, § 6.
This chapter shall be known and may be cited as the "Tennessee Criminal Sentencing Reform Act of 1989."
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-27-106 — TN Code / Title 40 / Chapter 27 / Section 40-27-106
Commutation on certificate of supreme court
Status: in_force

The governor may, likewise, commute the punishment from death to imprisonment for life, upon the certificate of the supreme court, entered on the minutes of the court, that in its opinion, there were extenuating circumstances attending the case, and that the punishment ought to be commuted. Code 1858, §5259; Shan., § 7234; Code 1932, § 11840; T.C.A. (orig. ed.), § 40-3506.
The governor may, likewise, commute the punishment from death to imprisonment for life, upon the certificate of the supreme court, entered on the minutes of the court, that in its opinion, there were extenuating circumstances attending the case, and that the punishment ought to be commuted.
Code 1858, §5259; Shan., § 7234; Code 1932, § 11840; T.C.A. (orig. ed.), § 40-3506.
Tenn. Code Ann. § 40-17-101 — TN Code / Title 40 / Chapter 17 / Section 40-17-101
Voice stress analysis inadmissible in criminal proceedings
Status: in_force

(a) As used in this section, "voice stress analysis" means the use of a device that has the ability to electronically analyze the responses of an individual to a specific set of questions and to record the analysis, both digitally and on a graph. (b) Voice stress analysis and testimony regarding voice stress analysis shall not be admissible as evidence in any criminal proceeding. Added by 2014 Tenn. Acts, ch. 928,s 2, eff. 7/1/2014.
(a) As used in this section, "voice stress analysis" means the use of a device that has the ability to electronically analyze the responses of an individual to a specific set of questions and to record the analysis, both digitally and on a graph.
(b) Voice stress analysis and testimony regarding voice stress analysis shall not be admissible as evidence in any criminal proceeding.
Added by 2014 Tenn. Acts, ch. 928,s 2, eff. 7/1/2014.
Tenn. Code Ann. § 40-13-218 — TN Code / Title 40 / Chapter 13 / Section 40-13-218
Alleging dealing in futures
Status: in_force

In all prosecutions for dealing in futures, no prosecutor shall be required and it is sufficient to charge that the defendant did game, wager or deal in futures, without setting forth with whom the defendant dealt, but the indictment or presentment shall charge a violation of some of the provisions of the section, either in terms or substance. Acts 1883, ch. 251, § 4; Shan., § 3169; Code 1932, § 7822; modified; T.C.A. (orig. ed.), § 40-1822; Acts 1996, ch. 675, § 28.
In all prosecutions for dealing in futures, no prosecutor shall be required and it is sufficient to charge that the defendant did game, wager or deal in futures, without setting forth with whom the defendant dealt, but the indictment or presentment shall charge a violation of some of the provisions of the section, either in terms or substance.
Acts 1883, ch. 251, § 4; Shan., § 3169; Code 1932, § 7822; modified; T.C.A. (orig. ed.), § 40-1822; Acts 1996, ch. 675, § 28.
Tenn. Code Ann. § 40-30-413 — TN Code / Title 40 / Chapter 30 / Section 40-30-413
Payment for analysis
Status: in_force

If an order is issued requiring fingerprint analysis be paid on behalf of a petitioner pursuant to this part, then the payment shall be made from funding provided for indigent defendants' counsel as set forth within the annual appropriations act. The payment shall be made only after receipt by the administrative director of the courts of a certified copy of the order and only upon receipt of a bill from the laboratory that conducted the analysis. The bill shall set forth the name of the petitioner, the date the analysis was performed, the amount of the bill, and the name and address of the laboratory to which payment is to be made. Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
If an order is issued requiring fingerprint analysis be paid on behalf of a petitioner pursuant to this part, then the payment shall be made from funding provided for indigent defendants' counsel as set forth within the annual appropriations act. The payment shall be made only after receipt by the administrative director of the courts of a certified copy of the order and only upon receipt of a bill from the laboratory that conducted the analysis. The bill shall set forth the name of the petitioner, the date the analysis was performed, the amount of the bill, and the name and address of the laboratory to which payment is to be made.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 40-25-111 — TN Code / Title 40 / Chapter 25 / Section 40-25-111
Payment for transporting prisoners - Limitation on charges
Status: in_force

(a) The sheriff or other officer, conveying an inmate to the penitentiary, shall make out an account in writing, stating the number of miles on the usual route from the place of conviction to the penitentiary, the number of guards necessarily employed to ensure the safe conveyance of the inmate, and the distance each of the guards may have traveled, and make oath to the truth of the account before the warden of the penitentiary, or any judge, who shall certify the fact. (b) Upon presentation of the account thus sworn to and certified, the director of accounts shall issue a warrant for the amount, as in other cases, if satisfied of the correctness of the account. (c) It is the duty of the sheriff to carry to the penitentiary, at the same time, all inmates in the sheriff's custody, at that time sentenced to the penitentiary, and the sheriff shall not be entitled to charge for more than one (1) trip. Code 1858, §§ 5589-5591 (deriv. Acts 1831, ch. 86, §§ 1, 4, 5; 1833, ch. 29); Shan., §§ 7630-7632; Code 1932, §§ 12259-12261; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12260; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 40-3312, 40-3314.
(a) The sheriff or other officer, conveying an inmate to the penitentiary, shall make out an account in writing, stating the number of miles on the usual route from the place of conviction to the penitentiary, the number of guards necessarily employed to ensure the safe conveyance of the inmate, and the distance each of the guards may have traveled, and make oath to the truth of the account before the warden of the penitentiary, or any judge, who shall certify the fact.
(b) Upon presentation of the account thus sworn to and certified, the director of accounts shall issue a warrant for the amount, as in other cases, if satisfied of the correctness of the account.
(c) It is the duty of the sheriff to carry to the penitentiary, at the same time, all inmates in the sheriff's custody, at that time sentenced to the penitentiary, and the sheriff shall not be entitled to charge for more than one (1) trip.
Code 1858, §§ 5589-5591 (deriv. Acts 1831, ch. 86, §§ 1, 4, 5; 1833, ch. 29); Shan., §§ 7630-7632; Code 1932, §§ 12259-12261; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12260; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 40-3312, 40-3314.
Tenn. Code Ann. § 40-18-119 — TN Code / Title 40 / Chapter 18 / Section 40-18-119
Presumption that original trial judge has served as thirteenth juror and approved unanimous verdict
Status: in_force

When any successor judge to the original trial judge or any appellate court is determining if a new trial should be granted to a criminal defendant on the grounds that the verdict of guilty is against the weight of the evidence, immediately upon the original trial judge dismissing a jury following the return of a unanimous verdict, there is created a presumption that the original trial judge has served as the thirteenth juror and approved the jury's verdict with respect to each count on which a unanimous verdict was returned. Added by 2014 Tenn. Acts, ch. 694,s 2, eff. 7/1/2014.
When any successor judge to the original trial judge or any appellate court is determining if a new trial should be granted to a criminal defendant on the grounds that the verdict of guilty is against the weight of the evidence, immediately upon the original trial judge dismissing a jury following the return of a unanimous verdict, there is created a presumption that the original trial judge has served as the thirteenth juror and approved the jury's verdict with respect to each count on which a unanimous verdict was returned.
Added by 2014 Tenn. Acts, ch. 694,s 2, eff. 7/1/2014.
Tenn. Code Ann. § 40-28-303 — TN Code / Title 40 / Chapter 28 / Section 40-28-303
System of graduated sanctions
Status: in_force

(a) The department shall adopt a single system of graduated sanctions for violations of the conditions of community supervision. The system shall set forth a menu of presumptive sanctions for the most common types of supervision violations, including, but not limited to: failure to report; failure to pay fines and fees; failure to participate in a required program or service; failure to complete community service; and failure to refrain from the use of alcohol or controlled substances. The system of sanctions shall take into account factors such as the severity of the current violation, the supervised individual's previous criminal record, the number and severity of any previous supervision violations, the supervised individual's assessed risk level, and the extent to which graduated sanctions were imposed for previous violations. The system shall also define positive reinforcements that supervised individuals will receive for compliance with conditions of supervision. The system shall clearly specify as to each type of sanction whether the supervised individual has the option to object and seek administrative review of the sanction. (b) The department shall establish by policy an administrative process to review and approve or reject, prior to imposition, graduated sanctions that deviate from those prescribed. (c) The department shall establish by policy an administrative process to review graduated sanctions contested by supervised individuals under § 40-28-305 . The review shall be conducted by the chief supervision officer, who shall be impartial and trained to hear cases regarding graduated sanctions for violations of supervision conditions. (d) The department shall establish and maintain a program of initial and ongoing training regarding the system of graduated sanctions for probation and parole officers. Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
(a) The department shall adopt a single system of graduated sanctions for violations of the conditions of community supervision. The system shall set forth a menu of presumptive sanctions for the most common types of supervision violations, including, but not limited to: failure to report; failure to pay fines and fees; failure to participate in a required program or service; failure to complete community service; and failure to refrain from the use of alcohol or controlled substances. The system of sanctions shall take into account factors such as the severity of the current violation, the supervised individual's previous criminal record, the number and severity of any previous supervision violations, the supervised individual's assessed risk level, and the extent to which graduated sanctions were imposed for previous violations. The system shall also define positive reinforcements that supervised individuals will receive for compliance with conditions of supervision. The system shall clearly specify as to each type of sanction whether the supervised individual has the option to object and seek administrative review of the sanction.
(b) The department shall establish by policy an administrative process to review and approve or reject, prior to imposition, graduated sanctions that deviate from those prescribed.
(c) The department shall establish by policy an administrative process to review graduated sanctions contested by supervised individuals under § 40-28-305 . The review shall be conducted by the chief supervision officer, who shall be impartial and trained to hear cases regarding graduated sanctions for violations of supervision conditions.
(d) The department shall establish and maintain a program of initial and ongoing training regarding the system of graduated sanctions for probation and parole officers.
Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
Tenn. Code Ann. § 40-11-125 — TN Code / Title 40 / Chapter 11 / Section 40-11-125
Approval of bondsmen withheld, withdrawn or suspended
Status: in_force

(a) In addition to the requirements of part 3 of this chapter regulating professional bondsmen, approval of a professional bondsman or other surety may be withheld, withdrawn or suspended by any court if, after investigation, it appears that a bondsman: (1) Has been guilty of violating any of the laws of this state relating to bail bonds; (2) Has a final judgment of forfeiture entered against the bondsman which remains unsatisfied; (3) Is guilty of professional misconduct as described in § 40-11-126 ; or (4) If applying for approval as a professional bondsman, has been convicted in any state of the United States of two (2) or more misdemeanors which are equivalent to Tennessee Class A or Class B misdemeanors; provided, however, that the misdemeanor convictions shall have occurred within five (5) years of the date the application for approval is filed. (b) Any court withholding, withdrawing or suspending a bondsman or other surety under this section shall notify the bondsman in writing of the action taken, accompanied by a copy of the charges resulting in the court's action. If, within twenty (20) days after notice, the bail bondsman or surety files a written answer denying the charges or setting forth extenuating circumstances, the court shall call a hearing within a reasonable time for the purpose of taking testimony and evidence on any issues of fact made by the charges and answer. The court shall give notice to the bail bondsman, or to the insurer represented by the bondsman, of the time and place of the hearing. The parties shall have the right to produce witnesses, and to appear personally with or without representation by counsel. If, upon a hearing, the court determines that the bail bondsman is guilty as alleged in the charges, the court shall thereupon withhold, withdraw or suspend the bondsman from the approved list, or suspend the bondsman for a definite period of time to be fixed in the order of suspension. (c) The clerk of the court and the sheriff of the county shall be notified of the action of the court and the offending bondsman stricken from the approved list. (d) Any applicant for approval whose application has been denied, withheld, suspended or revoked shall have the right of appeal to the next highest court having criminal jurisdiction, and the appeal shall be heard de novo. Amended by 2013 Tenn. Acts, ch. 169,s 1, eff. 4/16/2013. Acts 1978, ch. 506, § 38; T.C.A., § 40-1225.
(a) In addition to the requirements of part 3 of this chapter regulating professional bondsmen, approval of a professional bondsman or other surety may be withheld, withdrawn or suspended by any court if, after investigation, it appears that a bondsman: (1) Has been guilty of violating any of the laws of this state relating to bail bonds; (2) Has a final judgment of forfeiture entered against the bondsman which remains unsatisfied; (3) Is guilty of professional misconduct as described in § 40-11-126 ; or (4) If applying for approval as a professional bondsman, has been convicted in any state of the United States of two (2) or more misdemeanors which are equivalent to Tennessee Class A or Class B misdemeanors; provided, however, that the misdemeanor convictions shall have occurred within five (5) years of the date the application for approval is filed.
(1) Has been guilty of violating any of the laws of this state relating to bail bonds;
(2) Has a final judgment of forfeiture entered against the bondsman which remains unsatisfied;
(3) Is guilty of professional misconduct as described in § 40-11-126 ; or
(4) If applying for approval as a professional bondsman, has been convicted in any state of the United States of two (2) or more misdemeanors which are equivalent to Tennessee Class A or Class B misdemeanors; provided, however, that the misdemeanor convictions shall have occurred within five (5) years of the date the application for approval is filed.
(b) Any court withholding, withdrawing or suspending a bondsman or other surety under this section shall notify the bondsman in writing of the action taken, accompanied by a copy of the charges resulting in the court's action. If, within twenty (20) days after notice, the bail bondsman or surety files a written answer denying the charges or setting forth extenuating circumstances, the court shall call a hearing within a reasonable time for the purpose of taking testimony and evidence on any issues of fact made by the charges and answer. The court shall give notice to the bail bondsman, or to the insurer represented by the bondsman, of the time and place of the hearing. The parties shall have the right to produce witnesses, and to appear personally with or without representation by counsel. If, upon a hearing, the court determines that the bail bondsman is guilty as alleged in the charges, the court shall thereupon withhold, withdraw or suspend the bondsman from the approved list, or suspend the bondsman for a definite period of time to be fixed in the order of suspension.
(c) The clerk of the court and the sheriff of the county shall be notified of the action of the court and the offending bondsman stricken from the approved list.
(d) Any applicant for approval whose application has been denied, withheld, suspended or revoked shall have the right of appeal to the next highest court having criminal jurisdiction, and the appeal shall be heard de novo.
Amended by 2013 Tenn. Acts, ch. 169,s 1, eff. 4/16/2013.
Acts 1978, ch. 506, § 38; T.C.A., § 40-1225.
Tenn. Code Ann. § 40-38-106 — TN Code / Title 40 / Chapter 38 / Section 40-38-106
Property offenses - Rights of victims
Status: in_force

Victims of crimes involving offenses against property shall have the right to: (1) Recover property in the custody of the police or the court as soon as is reasonably possible; (2) Restitution ordered as a condition of probation or a suspended sentence or parole and the swift revocation of the privileges for failure to make the ordered restitution; and (3) Once a claim under the criminal injuries compensation fund has been filed with the state, the claim shall be disposed of expeditiously and any award or other benefit to which a victim may be entitled shall be paid promptly. Acts 1990, ch. 957, § 6; 1993, ch. 527, §§ 7, 8.
Victims of crimes involving offenses against property shall have the right to:
(1) Recover property in the custody of the police or the court as soon as is reasonably possible;
(2) Restitution ordered as a condition of probation or a suspended sentence or parole and the swift revocation of the privileges for failure to make the ordered restitution; and
(3) Once a claim under the criminal injuries compensation fund has been filed with the state, the claim shall be disposed of expeditiously and any award or other benefit to which a victim may be entitled shall be paid promptly.
Acts 1990, ch. 957, § 6; 1993, ch. 527, §§ 7, 8.
Tenn. Code Ann. § 40-13-215 — TN Code / Title 40 / Chapter 13 / Section 40-13-215
Alleging possession of counterfeit money
Status: in_force

In indictments for fraudulently keeping in possession or concealing counterfeit money or bank notes, it is not necessary to aver in the indictment that the party charged intended to pass or impose the counterfeit money or bank notes on the community as good money, but it shall appear in proof that the counterfeit money or bank notes were possessed or concealed with the fraudulent intent that they should get into circulation and with a knowledge that they were counterfeit. Code 1858, § 5135 (deriv. Acts 1841-1842, ch. 48, § 5); Shan., § 7098; Code 1932, § 11644; T.C.A. (orig. ed.), § 40-1817.
In indictments for fraudulently keeping in possession or concealing counterfeit money or bank notes, it is not necessary to aver in the indictment that the party charged intended to pass or impose the counterfeit money or bank notes on the community as good money, but it shall appear in proof that the counterfeit money or bank notes were possessed or concealed with the fraudulent intent that they should get into circulation and with a knowledge that they were counterfeit.
Code 1858, § 5135 (deriv. Acts 1841-1842, ch. 48, § 5); Shan., § 7098; Code 1932, § 11644; T.C.A. (orig. ed.), § 40-1817.
Tenn. Code Ann. § 40-6-208 — TN Code / Title 40 / Chapter 6 / Section 40-6-208
Contents of warrant
Status: in_force

(a) The warrant should specify the name of the defendant, but if it is unknown to the magistrate, the defendant may be designated in the warrant by any name. (b) It should also state the offense either by name, or so that it can be clearly inferred. (c) It should also show, in some part, the county in which issued, the name and initials of the magistrate in office. (d) The warrant shall include a copy of the affidavit of complaint. Code 1858, §§ 5026, 5027; Shan., §§ 6985, 6986; Code 1932, §§ 11524, 11525; T.C.A. (orig. ed.), §§ 40-708, 40-709; Acts 2003, ch. 366, § 4.
(a) The warrant should specify the name of the defendant, but if it is unknown to the magistrate, the defendant may be designated in the warrant by any name.
(b) It should also state the offense either by name, or so that it can be clearly inferred.
(c) It should also show, in some part, the county in which issued, the name and initials of the magistrate in office.
(d) The warrant shall include a copy of the affidavit of complaint.
Code 1858, §§ 5026, 5027; Shan., §§ 6985, 6986; Code 1932, §§ 11524, 11525; T.C.A. (orig. ed.), §§ 40-708, 40-709; Acts 2003, ch. 366, § 4.
Tenn. Code Ann. § 40-11-303 — TN Code / Title 40 / Chapter 11 / Section 40-11-303
Semiannual report of bondsmen
Status: in_force

(a) Every professional bondsman licensed to do business in this state shall, not later than January 31 and July 31 of each year, file with the clerk of the circuit or criminal court of each county in which the bondsman is furnishing bail or bonds securing costs and fines, etc., a report of the bondsman's assets and liabilities as of the preceding December 31 and June 30, respectively. This report shall show in detail: (1) The separate parcels of real estate owned, the value thereof, and the amount of mortgages, liens, taxes and all other encumbrances and by whom held; (2) All personal property of every character owned, including chattels, cash, accounts, notes and bills receivable; contracts; stocks, bonds and other securities; and other security or collateral, and the character and value thereof, held to secure payment of any debt owing to the bondsman; (3) The full amount of the bondsman's liability as surety on bonds, bail, secured costs and fines, and the names and addresses of the bondsman's principals, and the case or suit in which filed, in all incompleted transactions or undertakings; (4) The full amount of the bondsman's liabilities on forfeitures of bonds or bail, in which either conditional or final judgments have been entered against the bondsman in any court and which remain unsatisfied; (5) All bills, notes and accounts payable; endorsements and other debts, obligations and liabilities; (6) The name and address of each agent, representative or employee of the bondsman authorized to bind the bondsman on bonds, bail and other contracts or undertakings of suretyship; and (7) The name and address of each person having an interest in the bondsman's business, either as an individual or partner; or, in case the bondsman is a corporation, the name and address of each officer and the office held, director and stockholder thereof and the capital paid in and the capital stock issued and outstanding. (b) Any professional bondsman who willfully refuses to file such report or withholds any of the information called for thereby shall be dealt with as provided in §§ 40-11-305 and 40-11-306 . Amended by 2016 Tenn. Acts, ch. 689, s 1, eff. 3/24/2016. Acts 1939, ch. 199, § 3; C. Supp. 1950, § 11715.3; T.C.A. (orig. ed.), § 40-1403.
(a) Every professional bondsman licensed to do business in this state shall, not later than January 31 and July 31 of each year, file with the clerk of the circuit or criminal court of each county in which the bondsman is furnishing bail or bonds securing costs and fines, etc., a report of the bondsman's assets and liabilities as of the preceding December 31 and June 30, respectively. This report shall show in detail: (1) The separate parcels of real estate owned, the value thereof, and the amount of mortgages, liens, taxes and all other encumbrances and by whom held; (2) All personal property of every character owned, including chattels, cash, accounts, notes and bills receivable; contracts; stocks, bonds and other securities; and other security or collateral, and the character and value thereof, held to secure payment of any debt owing to the bondsman; (3) The full amount of the bondsman's liability as surety on bonds, bail, secured costs and fines, and the names and addresses of the bondsman's principals, and the case or suit in which filed, in all incompleted transactions or undertakings; (4) The full amount of the bondsman's liabilities on forfeitures of bonds or bail, in which either conditional or final judgments have been entered against the bondsman in any court and which remain unsatisfied; (5) All bills, notes and accounts payable; endorsements and other debts, obligations and liabilities; (6) The name and address of each agent, representative or employee of the bondsman authorized to bind the bondsman on bonds, bail and other contracts or undertakings of suretyship; and (7) The name and address of each person having an interest in the bondsman's business, either as an individual or partner; or, in case the bondsman is a corporation, the name and address of each officer and the office held, director and stockholder thereof and the capital paid in and the capital stock issued and outstanding.
(1) The separate parcels of real estate owned, the value thereof, and the amount of mortgages, liens, taxes and all other encumbrances and by whom held;
(2) All personal property of every character owned, including chattels, cash, accounts, notes and bills receivable; contracts; stocks, bonds and other securities; and other security or collateral, and the character and value thereof, held to secure payment of any debt owing to the bondsman;
(3) The full amount of the bondsman's liability as surety on bonds, bail, secured costs and fines, and the names and addresses of the bondsman's principals, and the case or suit in which filed, in all incompleted transactions or undertakings;
(4) The full amount of the bondsman's liabilities on forfeitures of bonds or bail, in which either conditional or final judgments have been entered against the bondsman in any court and which remain unsatisfied;
(5) All bills, notes and accounts payable; endorsements and other debts, obligations and liabilities;
(6) The name and address of each agent, representative or employee of the bondsman authorized to bind the bondsman on bonds, bail and other contracts or undertakings of suretyship; and
(7) The name and address of each person having an interest in the bondsman's business, either as an individual or partner; or, in case the bondsman is a corporation, the name and address of each officer and the office held, director and stockholder thereof and the capital paid in and the capital stock issued and outstanding.
(b) Any professional bondsman who willfully refuses to file such report or withholds any of the information called for thereby shall be dealt with as provided in §§ 40-11-305 and 40-11-306 .
Amended by 2016 Tenn. Acts, ch. 689, s 1, eff. 3/24/2016.
Acts 1939, ch. 199, § 3; C. Supp. 1950, § 11715.3; T.C.A. (orig. ed.), § 40-1403.
Tenn. Code Ann. § 40-11-312 — TN Code / Title 40 / Chapter 11 / Section 40-11-312
Penalty
Status: in_force

A violation of this part is a Class B misdemeanor. Acts 1939, ch. 199, § 12; C. Supp. 1950, § 11715.12; T.C.A. (orig. ed.), § 40-1412; Acts 1989, ch. 591, § 112.
A violation of this part is a Class B misdemeanor.
Acts 1939, ch. 199, § 12; C. Supp. 1950, § 11715.12; T.C.A. (orig. ed.), § 40-1412; Acts 1989, ch. 591, § 112.
Tenn. Code Ann. § 40-14-107 — TN Code / Title 40 / Chapter 14 / Section 40-14-107
Applicability of time allowance - Waiver
Status: in_force

(a) This section and §§ 40-14-105 and 40-14-106 only apply to criminal cases in a court of record. (b) Nothing in this section, § 40-14-105 or § 40-14-106 shall prevent any person so indicted or presented from waiving the provisions of this section, § 40-14-105 or § 40-14-106 . (c) This section and §§ 40-14-105 and 40-14-106 do not apply to persons entering a plea of guilty. Acts 1949, ch. 189, § 3; C. Supp. 1950, § 11736.1 (Williams, § 11760.2); T.C.A. (orig. ed.), § 40-2007.
(a) This section and §§ 40-14-105 and 40-14-106 only apply to criminal cases in a court of record.
(b) Nothing in this section, § 40-14-105 or § 40-14-106 shall prevent any person so indicted or presented from waiving the provisions of this section, § 40-14-105 or § 40-14-106 .
(c) This section and §§ 40-14-105 and 40-14-106 do not apply to persons entering a plea of guilty.
Acts 1949, ch. 189, § 3; C. Supp. 1950, § 11736.1 (Williams, § 11760.2); T.C.A. (orig. ed.), § 40-2007.
Tenn. Code Ann. § 40-33-209 — TN Code / Title 40 / Chapter 33 / Section 40-33-209
Hearing officer
Status: in_force

(a) The administrative head of the applicable agency shall contract with the secretary of state for use of administrative law judges to conduct forfeiture hearings. (b) The administrative law judge is empowered to subpoena witnesses and compel their attendance and to produce records, memoranda, papers and other documents at any hearing authorized by this part. (c) At all hearings conducted pursuant to this part, the applicable agency shall provide a stenographer or court reporter to take a stenographic record of the evidence adduced at the hearing. Upon application, the claimant shall be entitled to a copy of the stenographic record upon payment of the reasonable costs thereof to be fixed by the administrative head of the applicable agency. (d) All hearings conducted pursuant to this part shall be contested case hearings and shall be conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2017 Tenn. Acts, ch. 352,s 2, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 352,s 1, eff. 7/1/2017. Acts 1994, ch. 925, § 1.
(a) The administrative head of the applicable agency shall contract with the secretary of state for use of administrative law judges to conduct forfeiture hearings.
(b) The administrative law judge is empowered to subpoena witnesses and compel their attendance and to produce records, memoranda, papers and other documents at any hearing authorized by this part.
(c) At all hearings conducted pursuant to this part, the applicable agency shall provide a stenographer or court reporter to take a stenographic record of the evidence adduced at the hearing. Upon application, the claimant shall be entitled to a copy of the stenographic record upon payment of the reasonable costs thereof to be fixed by the administrative head of the applicable agency.
(d) All hearings conducted pursuant to this part shall be contested case hearings and shall be conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2017 Tenn. Acts, ch. 352,s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 352,s 1, eff. 7/1/2017.
Acts 1994, ch. 925, § 1.
Tenn. Code Ann. § 40-9-103 — TN Code / Title 40 / Chapter 9 / Section 40-9-103
Warrant of arrest for crime in another state
Status: in_force

Whenever any person within this state is charged on the oath of any credible person before any judge or other magistrate of this state with the commission of a crime in any other state, and, except in cases arising under § 40-9-113 , with having fled from justice; or whenever a complaint has been made before any judge or other magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in that other state and that the accused has been charged in that other state with the commission of the crime, and, except in cases arising under § 40-9-113 , has fled therefrom and is believed to have been found in this state, the judge or magistrate shall issue a warrant directed to the sheriff of the county in which the oath or complaint is filed directing the sheriff to apprehend the person charged, wherever the person may be found in this state, and bring the person before the issuing judge or magistrate or any other judge, court or magistrate who may be conveniently accessible to the place where the arrest may be made, to answer the charge or complaint and affidavit. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. Acts 1951, ch. 240, § 13 (Williams, § 11935.13); T.C.A. (orig. ed.), § 40-1003.
Whenever any person within this state is charged on the oath of any credible person before any judge or other magistrate of this state with the commission of a crime in any other state, and, except in cases arising under § 40-9-113 , with having fled from justice; or whenever a complaint has been made before any judge or other magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in that other state and that the accused has been charged in that other state with the commission of the crime, and, except in cases arising under § 40-9-113 , has fled therefrom and is believed to have been found in this state, the judge or magistrate shall issue a warrant directed to the sheriff of the county in which the oath or complaint is filed directing the sheriff to apprehend the person charged, wherever the person may be found in this state, and bring the person before the issuing judge or magistrate or any other judge, court or magistrate who may be conveniently accessible to the place where the arrest may be made, to answer the charge or complaint and affidavit. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
Acts 1951, ch. 240, § 13 (Williams, § 11935.13); T.C.A. (orig. ed.), § 40-1003.
Tenn. Code Ann. § 40-35-401 — TN Code / Title 40 / Chapter 35 / Section 40-35-401
Appeal of sentence by defendant - Time for filing - Grounds - Determination - Standard
Status: in_force

(a) The defendant in a criminal case may appeal from the length, range or the manner of service of the sentence imposed by the sentencing court. The defendant may also appeal the imposition of consecutive sentences. An appeal pursuant to this section shall be taken within the same time and in the same manner as other appeals in criminal cases. If there is an appeal of the conviction, the appeal of the sentence shall be taken at the same time. There is no appellate review of the sentence in a postconviction or habeas corpus proceeding. (b) An appeal from a sentence may be on one (1) or more of the following grounds: (1) The sentence was not imposed in accordance with this chapter; (2) The sentence is excessive under the sentencing considerations set out in §§ 40-35-103 and 40-35-210 ; or (3) The sentence is inconsistent with the purposes of sentencing set out in §§ 40-35-102 and 40-35-103 . (c) If a sentence is appealed, the appellate court may: (1) Dismiss the appeal; (2) Affirm, reduce, vacate or set aside the sentence imposed; (3) Remand the case or direct the entry of an appropriate sentence or order; or (4) Direct any further proceedings appropriate or required under the circumstances. (d) When reviewing sentencing issues raised pursuant to subsection (a), including the granting or denial of probation and the length of sentence, the appellate court shall conduct a de novo review on the record of the issues. The review shall be conducted with a presumption that the determinations made by the court from which the appeal is taken are correct. Acts 1989, ch. 591, § 6; 2005, ch. 353, § 8.
(a) The defendant in a criminal case may appeal from the length, range or the manner of service of the sentence imposed by the sentencing court. The defendant may also appeal the imposition of consecutive sentences. An appeal pursuant to this section shall be taken within the same time and in the same manner as other appeals in criminal cases. If there is an appeal of the conviction, the appeal of the sentence shall be taken at the same time. There is no appellate review of the sentence in a postconviction or habeas corpus proceeding.
(b) An appeal from a sentence may be on one (1) or more of the following grounds: (1) The sentence was not imposed in accordance with this chapter; (2) The sentence is excessive under the sentencing considerations set out in §§ 40-35-103 and 40-35-210 ; or (3) The sentence is inconsistent with the purposes of sentencing set out in §§ 40-35-102 and 40-35-103 .
(1) The sentence was not imposed in accordance with this chapter;
(2) The sentence is excessive under the sentencing considerations set out in §§ 40-35-103 and 40-35-210 ; or
(3) The sentence is inconsistent with the purposes of sentencing set out in §§ 40-35-102 and 40-35-103 .
(c) If a sentence is appealed, the appellate court may: (1) Dismiss the appeal; (2) Affirm, reduce, vacate or set aside the sentence imposed; (3) Remand the case or direct the entry of an appropriate sentence or order; or (4) Direct any further proceedings appropriate or required under the circumstances.
(1) Dismiss the appeal;
(2) Affirm, reduce, vacate or set aside the sentence imposed;
(3) Remand the case or direct the entry of an appropriate sentence or order; or
(4) Direct any further proceedings appropriate or required under the circumstances.
(d) When reviewing sentencing issues raised pursuant to subsection (a), including the granting or denial of probation and the length of sentence, the appellate court shall conduct a de novo review on the record of the issues. The review shall be conducted with a presumption that the determinations made by the court from which the appeal is taken are correct.
Acts 1989, ch. 591, § 6; 2005, ch. 353, § 8.
Tenn. Code Ann. § 40-13-301 — TN Code / Title 40 / Chapter 13 / Section 40-13-301
Capias for more than one offense
Status: in_force

(a) When a defendant is indicted for more than one (1) offense of the same class or grade, at the same term of the court, the clerk shall issue but one (1) capias to the same county, which shall specify on its face the number of cases for which the defendant or defendants are indicted, at that term of the court, of the same grade or class. (b) The sheriff or other officer arresting the defendant or defendants shall, if bail is given, take bond in a sum sufficient to cover all the cases mentioned in the capias. (c) (1) If the county has the costs to pay, there shall be no fees taxed against the county for the several officers and clerks, but as of one (1) cost. (2) However, if the defendant pays the costs, the court may order full costs to the several officers as if separate process had been issued and served throughout. Acts 1859-1860, ch. 96, § 2; Shan., § 7066; Code 1932, § 11610; T.C.A. (orig. ed.), § 40-1903.
(a) When a defendant is indicted for more than one (1) offense of the same class or grade, at the same term of the court, the clerk shall issue but one (1) capias to the same county, which shall specify on its face the number of cases for which the defendant or defendants are indicted, at that term of the court, of the same grade or class.
(b) The sheriff or other officer arresting the defendant or defendants shall, if bail is given, take bond in a sum sufficient to cover all the cases mentioned in the capias.
(c) (1) If the county has the costs to pay, there shall be no fees taxed against the county for the several officers and clerks, but as of one (1) cost. (2) However, if the defendant pays the costs, the court may order full costs to the several officers as if separate process had been issued and served throughout.
(1) If the county has the costs to pay, there shall be no fees taxed against the county for the several officers and clerks, but as of one (1) cost.
(2) However, if the defendant pays the costs, the court may order full costs to the several officers as if separate process had been issued and served throughout.
Acts 1859-1860, ch. 96, § 2; Shan., § 7066; Code 1932, § 11610; T.C.A. (orig. ed.), § 40-1903.
Tenn. Code Ann. § 40-28-403 — TN Code / Title 40 / Chapter 28 / Section 40-28-403
Interstate compact for adult supervision registry
Status: in_force

The department of correction shall maintain a database consisting of a registry and associated information of those persons who have been placed on probation or parole in another state but are residing in Tennessee pursuant to the compact for out-of-state supervision, compiled in this part. The registry shall include, at a minimum, the name of the offender and, for each probationer or parolee approved for residence in this state under the interstate compact after May 30, 1997, the offender's photograph. The database shall be placed and maintained on the state of Tennessee's internet website. Acts 2012, ch. 727, § 42.
The department of correction shall maintain a database consisting of a registry and associated information of those persons who have been placed on probation or parole in another state but are residing in Tennessee pursuant to the compact for out-of-state supervision, compiled in this part. The registry shall include, at a minimum, the name of the offender and, for each probationer or parolee approved for residence in this state under the interstate compact after May 30, 1997, the offender's photograph. The database shall be placed and maintained on the state of Tennessee's internet website.
Acts 2012, ch. 727, § 42.
Tenn. Code Ann. § 40-29-204 — TN Code / Title 40 / Chapter 29 / Section 40-29-204
Persons never eligible to register and vote
Status: in_force

Notwithstanding this part, the following persons shall never be eligible to register and vote in this state: (1) Those convicted after July 1, 1986, of the offenses of voter fraud, treason, murder in the first degree, or aggravated rape; (2) Those convicted after July 1, 1996, but before July 1, 2006, of any of the offenses set out in subdivision (1) or any other degree of murder or rape; and (3) Those convicted on or after July 1, 2006, of: (A) Any of the offenses set out in subdivision (1) or (2); (B) Any other violation of title 39, chapter 16, parts 1, 4 or 5 designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court; or (C) Any sexual offense set out in § 40-39-202 or violent sexual offense set out in § 40-39-202 that is designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court and where the victim of the offense was a minor. Acts 2006, ch. 860, § 1; 2011, ch. 184, §§ 1, 2.
Notwithstanding this part, the following persons shall never be eligible to register and vote in this state:
(1) Those convicted after July 1, 1986, of the offenses of voter fraud, treason, murder in the first degree, or aggravated rape;
(2) Those convicted after July 1, 1996, but before July 1, 2006, of any of the offenses set out in subdivision (1) or any other degree of murder or rape; and
(3) Those convicted on or after July 1, 2006, of: (A) Any of the offenses set out in subdivision (1) or (2); (B) Any other violation of title 39, chapter 16, parts 1, 4 or 5 designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court; or (C) Any sexual offense set out in § 40-39-202 or violent sexual offense set out in § 40-39-202 that is designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court and where the victim of the offense was a minor.
(A) Any of the offenses set out in subdivision (1) or (2);
(B) Any other violation of title 39, chapter 16, parts 1, 4 or 5 designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court; or
(C) Any sexual offense set out in § 40-39-202 or violent sexual offense set out in § 40-39-202 that is designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court and where the victim of the offense was a minor.
Acts 2006, ch. 860, § 1; 2011, ch. 184, §§ 1, 2.
Tenn. Code Ann. § 40-33-106 — TN Code / Title 40 / Chapter 33 / Section 40-33-106
Jurisdiction over disposition of conveyance
Status: in_force

In any county having more than one (1) circuit court, or both a circuit court and a criminal court, the court in the county having jurisdiction of the indictment and trial of all matters relating to the offenses for which forfeiture of a conveyance may be imposed shall have exclusive jurisdiction over the disposition of the conveyances. Acts 1977, ch. 81, § 1; T.C.A., § 40-4106.
In any county having more than one (1) circuit court, or both a circuit court and a criminal court, the court in the county having jurisdiction of the indictment and trial of all matters relating to the offenses for which forfeiture of a conveyance may be imposed shall have exclusive jurisdiction over the disposition of the conveyances.
Acts 1977, ch. 81, § 1; T.C.A., § 40-4106.
Tenn. Code Ann. § 40-5-105 — TN Code / Title 40 / Chapter 5 / Section 40-5-105
Disposition by magistrate
Status: in_force

The magistrate is required to reduce the examination of the accused to writing, if the accused submits to an examination, and also all the evidence adduced on both sides, and is authorized to discharge, bail, or commit the accused and to take all necessary recognizances to enforce the appearance of the defendant, the prosecutor or witnesses at the proper court. Code 1858, § 5018 (deriv. Acts 1715, ch. 16, § 1); Shan., § 6977; Code 1932, § 11516; T.C.A. (orig. ed.), § 40-606.
The magistrate is required to reduce the examination of the accused to writing, if the accused submits to an examination, and also all the evidence adduced on both sides, and is authorized to discharge, bail, or commit the accused and to take all necessary recognizances to enforce the appearance of the defendant, the prosecutor or witnesses at the proper court.
Code 1858, § 5018 (deriv. Acts 1715, ch. 16, § 1); Shan., § 6977; Code 1932, § 11516; T.C.A. (orig. ed.), § 40-606.
Tenn. Code Ann. § 40-24-102 — TN Code / Title 40 / Chapter 24 / Section 40-24-102
Release of fines and forfeitures
Status: in_force

The several courts in which a cause is finally adjudged are authorized, either before or after final judgment, for good cause, to release the defendants, or any one (1) or more of them, from the whole or any part of fines or forfeitures accruing to the county or state. Code 1858, §5251; Shan., § 7226; Code 1932, § 11813; T.C.A. (orig. ed.), §§ 40-3201, 40-3202.
The several courts in which a cause is finally adjudged are authorized, either before or after final judgment, for good cause, to release the defendants, or any one (1) or more of them, from the whole or any part of fines or forfeitures accruing to the county or state.
Code 1858, §5251; Shan., § 7226; Code 1932, § 11813; T.C.A. (orig. ed.), §§ 40-3201, 40-3202.
Tenn. Code Ann. § 40-13-209 — TN Code / Title 40 / Chapter 13 / Section 40-13-209
Allegation of ownership of property
Status: in_force

(a) When any property, upon or in relation to which the offense was committed: (1) Belongs to several partners or owners, it is sufficient to allege the ownership to be in any one (1) or more of those partners or owners; or (2) When the property is quasi public property, or belongs to an association, society or collection of individuals, such as churches, schoolhouses, lodges, etc., it is sufficient for the indictment to allege ownership in that association, society or collection of individuals by the name by which it is commonly known. (b) It is sufficient to describe property in any manner which may sufficiently identify the property, upon or in relation to which the offense charged was committed. Code 1858, § 5127; Shan., § 7090; mod. Code 1932, § 11635; T.C.A. (orig. ed.), § 40-1810.
(a) When any property, upon or in relation to which the offense was committed: (1) Belongs to several partners or owners, it is sufficient to allege the ownership to be in any one (1) or more of those partners or owners; or (2) When the property is quasi public property, or belongs to an association, society or collection of individuals, such as churches, schoolhouses, lodges, etc., it is sufficient for the indictment to allege ownership in that association, society or collection of individuals by the name by which it is commonly known.
(1) Belongs to several partners or owners, it is sufficient to allege the ownership to be in any one (1) or more of those partners or owners; or
(2) When the property is quasi public property, or belongs to an association, society or collection of individuals, such as churches, schoolhouses, lodges, etc., it is sufficient for the indictment to allege ownership in that association, society or collection of individuals by the name by which it is commonly known.
(b) It is sufficient to describe property in any manner which may sufficiently identify the property, upon or in relation to which the offense charged was committed.
Code 1858, § 5127; Shan., § 7090; mod. Code 1932, § 11635; T.C.A. (orig. ed.), § 40-1810.
Tenn. Code Ann. § 40-25-133 — TN Code / Title 40 / Chapter 25 / Section 40-25-133
Costs included
Status: in_force

What is meant by costs in §§ 40-25-131 and 40-25-132 is all costs accruing under existing laws on behalf of the state or county, as the case may be, for the faithful prosecution and safekeeping of the defendant, including the cost of boarding juries and that of the jailer; but nothing in this or those sections shall be so construed as to require the state to pay any cost for guarding the jail to prevent mob violence, or to prevent rescue or the prisoner's escape, or for transporting to any other county for safekeeping on any account whatever, but the same shall be paid by the county in which the crime was committed or claimed to have been committed. Acts 1891 (Ex. Sess.), ch. 22, § 3; Shan., § 7622; Code 1932, §12250; T.C.A. (orig. ed.), § 40-3335.
What is meant by costs in §§ 40-25-131 and 40-25-132 is all costs accruing under existing laws on behalf of the state or county, as the case may be, for the faithful prosecution and safekeeping of the defendant, including the cost of boarding juries and that of the jailer; but nothing in this or those sections shall be so construed as to require the state to pay any cost for guarding the jail to prevent mob violence, or to prevent rescue or the prisoner's escape, or for transporting to any other county for safekeeping on any account whatever, but the same shall be paid by the county in which the crime was committed or claimed to have been committed.
Acts 1891 (Ex. Sess.), ch. 22, § 3; Shan., § 7622; Code 1932, §12250; T.C.A. (orig. ed.), § 40-3335.
Tenn. Code Ann. § 40-35-316 — TN Code / Title 40 / Chapter 35 / Section 40-35-316
Jurisdiction of sentencing court to grant furloughs
Status: in_force

(a) In any case in which a defendant has been sentenced to a local jail or workhouse or is at a local jail or workhouse subject to § 40-35-212 , the sentencing court shall have jurisdiction to grant furlough for any medical, penological, rehabilitative or humane reason, upon conditions to be set by the sentencing court. This section shall apply to convictions under § 55-10-401 after the mandatory minimum sentences have been served. (b) The sentencing court shall have no authority to grant a furlough to a defendant pursuant to the authority of subsection (a) for the purpose of allowing the defendant to work unless the defendant is held to and meets all of the eligibility and supervision requirements, testing standards and other criteria imposed by or pursuant to state law. Acts 1989, ch. 591, § 6; 1990, ch. 980, § 28; 1997, ch. 514, § 1.
(a) In any case in which a defendant has been sentenced to a local jail or workhouse or is at a local jail or workhouse subject to § 40-35-212 , the sentencing court shall have jurisdiction to grant furlough for any medical, penological, rehabilitative or humane reason, upon conditions to be set by the sentencing court. This section shall apply to convictions under § 55-10-401 after the mandatory minimum sentences have been served.
(b) The sentencing court shall have no authority to grant a furlough to a defendant pursuant to the authority of subsection (a) for the purpose of allowing the defendant to work unless the defendant is held to and meets all of the eligibility and supervision requirements, testing standards and other criteria imposed by or pursuant to state law.
Acts 1989, ch. 591, § 6; 1990, ch. 980, § 28; 1997, ch. 514, § 1.
Tenn. Code Ann. § 40-35-110 — TN Code / Title 40 / Chapter 35 / Section 40-35-110
Classification of offenses
Status: in_force

(a) Felonies are classified for the purpose of sentencing into five (5) categories: (1) Class A felonies; (2) Class B felonies; (3) Class C felonies; (4) Class D felonies; and (5) Class E felonies. (b) An offense designated a felony without specification as to category is a Class E felony. (c) Misdemeanors are classified for the purpose of sentencing into three (3) categories: (1) Class A misdemeanors; (2) Class B misdemeanors; and (3) Class C misdemeanors. (d) An offense designated as a misdemeanor without specification as to category is a Class A misdemeanor. Acts 1989, ch. 591, § 6.
(a) Felonies are classified for the purpose of sentencing into five (5) categories: (1) Class A felonies; (2) Class B felonies; (3) Class C felonies; (4) Class D felonies; and (5) Class E felonies.
(1) Class A felonies;
(2) Class B felonies;
(3) Class C felonies;
(4) Class D felonies; and
(5) Class E felonies.
(b) An offense designated a felony without specification as to category is a Class E felony.
(c) Misdemeanors are classified for the purpose of sentencing into three (3) categories: (1) Class A misdemeanors; (2) Class B misdemeanors; and (3) Class C misdemeanors.
(1) Class A misdemeanors;
(2) Class B misdemeanors; and
(3) Class C misdemeanors.
(d) An offense designated as a misdemeanor without specification as to category is a Class A misdemeanor.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-28-113 — TN Code / Title 40 / Chapter 28 / Section 40-28-113
Prisoners to whom applicable
Status: in_force

This part shall apply to every person sentenced to a state or county correctional facility and to those who may now be serving a sentence in a state or county correctional facility. Acts 1937, ch. 276, § 17; mod. C. Supp. 1950, § 11818.17 (Williams, § 11843.17); Acts 1979, ch. 318, § 24; T.C.A. (orig. ed.), § 40-3610; Acts 1989, ch. 227, § 27.
This part shall apply to every person sentenced to a state or county correctional facility and to those who may now be serving a sentence in a state or county correctional facility.
Acts 1937, ch. 276, § 17; mod. C. Supp. 1950, § 11818.17 (Williams, § 11843.17); Acts 1979, ch. 318, § 24; T.C.A. (orig. ed.), § 40-3610; Acts 1989, ch. 227, § 27.
Tenn. Code Ann. § 40-11-206 — TN Code / Title 40 / Chapter 11 / Section 40-11-206
State purchase of land sold to collect on forfeiture
Status: in_force

In all cases where land or lands shall be sold at sheriff's sale for the purpose of collecting the amount due on forfeited appearance bonds in criminal cases, the state shall be authorized to purchase any of the lands. The amount paid by the state for the purchase of the lands shall in no case be greater than the amount of the bond upon which forfeiture has been taken and upon which the forfeiture the execution was issued. Acts 1921, ch. 140, § 1; Shan. Supp., § 7148a1; Code 1932, § 11698; T.C.A. (orig. ed.), § 40-1306.
In all cases where land or lands shall be sold at sheriff's sale for the purpose of collecting the amount due on forfeited appearance bonds in criminal cases, the state shall be authorized to purchase any of the lands. The amount paid by the state for the purchase of the lands shall in no case be greater than the amount of the bond upon which forfeiture has been taken and upon which the forfeiture the execution was issued.
Acts 1921, ch. 140, § 1; Shan. Supp., § 7148a1; Code 1932, § 11698; T.C.A. (orig. ed.), § 40-1306.
Tenn. Code Ann. § 40-3-209 — TN Code / Title 40 / Chapter 3 / Section 40-3-209
Prosecuting attorney's office - Compensation not decreased - Authorized and unauthorized use of funds
Status: in_force

(a) Nothing in this part shall be construed to decrease the total salaries, expense funds and allowances that the prosecuting attorney's office is receiving on July 1, 1984. (b) The district attorney general shall not use any of the funds collected pursuant to this part to supplement the district attorney general's salary, or to supplement the salary of any assistant district attorney general or other employee of a district attorney general, except as provided in § 40-3-202(5) ; provided, that should the state of Tennessee not have funds available to pay the salary and benefits of any district attorney general, assistant district attorney general or other employee of a district attorney general's office authorized by law to receive pay and benefits from the state of Tennessee, then in that event each district attorney general shall have the authority to transfer an amount from funds collected pursuant to this part sufficient to meet the district attorney general's office payroll to the state general fund, earmarked for payment of the salaries and benefits of the employees of the transferring district attorney general, so long as such funds exist. In no case shall any salaries and benefits so paid be greater than those otherwise authorized by state law. Funds collected pursuant to this part shall be expended only in furtherance of the purposes of this part. Acts 1984, ch. 998, §§ 8, 10; 1992, ch. 785, § 1; 2003 , ch. 291, § 4.
(a) Nothing in this part shall be construed to decrease the total salaries, expense funds and allowances that the prosecuting attorney's office is receiving on July 1, 1984.
(b) The district attorney general shall not use any of the funds collected pursuant to this part to supplement the district attorney general's salary, or to supplement the salary of any assistant district attorney general or other employee of a district attorney general, except as provided in § 40-3-202(5) ; provided, that should the state of Tennessee not have funds available to pay the salary and benefits of any district attorney general, assistant district attorney general or other employee of a district attorney general's office authorized by law to receive pay and benefits from the state of Tennessee, then in that event each district attorney general shall have the authority to transfer an amount from funds collected pursuant to this part sufficient to meet the district attorney general's office payroll to the state general fund, earmarked for payment of the salaries and benefits of the employees of the transferring district attorney general, so long as such funds exist. In no case shall any salaries and benefits so paid be greater than those otherwise authorized by state law. Funds collected pursuant to this part shall be expended only in furtherance of the purposes of this part.
Acts 1984, ch. 998, §§ 8, 10; 1992, ch. 785, § 1; 2003 , ch. 291, § 4.
Tenn. Code Ann. § 40-20-103 — TN Code / Title 40 / Chapter 20 / Section 40-20-103
Place of confinement
Status: in_force

(a) In no case shall any person convicted of a felony be confined in the penitentiary for less than twelve (12) months. Whenever the minimum punishment is imprisonment in the penitentiary for one (1) year, but in the opinion of the jury the offense merits a lesser punishment, the jury may punish by confinement in the county jail or workhouse for any period less than twelve (12) months, except as otherwise provided. (b) In counties of this state having a population in excess of six hundred thousand (600,000), according to the 1970 federal census or any subsequent federal census, in all cases where a person is convicted of a felony, misdemeanor or otherwise punished by confinement, the punishment by confinement will be served by imprisonment in a state penitentiary or county workhouse; provided, however, that in cases where trusty status is desired of the prisoner and is mutually agreed upon by both the sheriff of that county and the trial judge, sentence to the county jail would be allowed to the exclusion of any other statutory law or common law now in effect. Acts 1859-1860, ch. 63; Shan., § 7206; mod. Code 1932, § 10754; Acts 1980, ch. 694, § 1; T.C.A. (orig. ed.), § 40-2703.
(a) In no case shall any person convicted of a felony be confined in the penitentiary for less than twelve (12) months. Whenever the minimum punishment is imprisonment in the penitentiary for one (1) year, but in the opinion of the jury the offense merits a lesser punishment, the jury may punish by confinement in the county jail or workhouse for any period less than twelve (12) months, except as otherwise provided.
(b) In counties of this state having a population in excess of six hundred thousand (600,000), according to the 1970 federal census or any subsequent federal census, in all cases where a person is convicted of a felony, misdemeanor or otherwise punished by confinement, the punishment by confinement will be served by imprisonment in a state penitentiary or county workhouse; provided, however, that in cases where trusty status is desired of the prisoner and is mutually agreed upon by both the sheriff of that county and the trial judge, sentence to the county jail would be allowed to the exclusion of any other statutory law or common law now in effect.
Acts 1859-1860, ch. 63; Shan., § 7206; mod. Code 1932, § 10754; Acts 1980, ch. 694, § 1; T.C.A. (orig. ed.), § 40-2703.
Tenn. Code Ann. § 40-4-107 — TN Code / Title 40 / Chapter 4 / Section 40-4-107
Security for fine and costs
Status: in_force

One (1) or more persons may become security for the fine and costs by oral undertaking before the judge of the court of general sessions, or by written direction to the judge, and an entry of judgment based thereon. Code 1858, §§ 4998, 5003 (deriv. Acts 1847-1848, ch. 55, §§3, 6); Shan., §§ 6957, 6962; Code 1932, §§ 11498, 11502; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §40-411; Acts 1993, ch. 241, § 59.
One (1) or more persons may become security for the fine and costs by oral undertaking before the judge of the court of general sessions, or by written direction to the judge, and an entry of judgment based thereon.
Code 1858, §§ 4998, 5003 (deriv. Acts 1847-1848, ch. 55, §§3, 6); Shan., §§ 6957, 6962; Code 1932, §§ 11498, 11502; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §40-411; Acts 1993, ch. 241, § 59.
Tenn. Code Ann. § 40-18-117 — TN Code / Title 40 / Chapter 18 / Section 40-18-117
Instructions concerning insanity
Status: in_force

In all criminal cases in which the trial judge charges the jury on the law relating to the defense of insanity, the judge shall also charge the jury that, if it should find the defendant to be not guilty by reason of insanity, that it shall so state in its verdict. Acts 1977, ch. 228, § 1; T.C.A., § 40-2530.
In all criminal cases in which the trial judge charges the jury on the law relating to the defense of insanity, the judge shall also charge the jury that, if it should find the defendant to be not guilty by reason of insanity, that it shall so state in its verdict.
Acts 1977, ch. 228, § 1; T.C.A., § 40-2530.
Tenn. Code Ann. § 40-30-405 — TN Code / Title 40 / Chapter 30 / Section 40-30-405
Court order if probable that results would have resulted in a more favorable verdict or sentence
Status: in_force

After notice to the prosecution and an opportunity to respond, the court may order fingerprint analysis if the court finds that: (1) A reasonable probability exists that analysis of the evidence will produce fingerprint results that would have rendered the petitioner's verdict or sentence more favorable if the results had been available at the proceeding leading to the judgment of conviction; (2) The evidence is still in existence and in such a condition that fingerprint analysis may be conducted; (3) The evidence was not previously subjected to fingerprint analysis, was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis, or was previously subjected to analysis and the person making the motion under this part requests analysis that uses a new method or technology that is substantially more probative than the prior analysis; and (4) The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice. Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
After notice to the prosecution and an opportunity to respond, the court may order fingerprint analysis if the court finds that:
(1) A reasonable probability exists that analysis of the evidence will produce fingerprint results that would have rendered the petitioner's verdict or sentence more favorable if the results had been available at the proceeding leading to the judgment of conviction;
(2) The evidence is still in existence and in such a condition that fingerprint analysis may be conducted;
(3) The evidence was not previously subjected to fingerprint analysis, was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis, or was previously subjected to analysis and the person making the motion under this part requests analysis that uses a new method or technology that is substantially more probative than the prior analysis; and
(4) The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 40-25-144 — TN Code / Title 40 / Chapter 25 / Section 40-25-144
[See Compiler's Notes for information regarding repeal of 2017 amendment] Filing deadline for claims against the state for payment of costs
Status: in_force

(a) No claim against the state for payment of costs under this chapter shall be paid unless the claim is submitted to the department of correction within six (6) months from the date of entry of the judgment of conviction. (b) [Repealed effective June 30, 2019.] However, for good cause shown, the commissioner of correction, or the commissioner's representative, may extend this limitation period for an additional six (6) months. 2018 Tenn. Acts, ch. 561, s 1, eff. 6/30/2019. 2017 Tenn. Acts, ch. 85, s 1, eff. 7/1/2017. Acts 2014 , ch. 582, § 1.
(a) No claim against the state for payment of costs under this chapter shall be paid unless the claim is submitted to the department of correction within six (6) months from the date of entry of the judgment of conviction.
(b) [Repealed effective June 30, 2019.] However, for good cause shown, the commissioner of correction, or the commissioner's representative, may extend this limitation period for an additional six (6) months.
2018 Tenn. Acts, ch. 561, s 1, eff. 6/30/2019.
2017 Tenn. Acts, ch. 85, s 1, eff. 7/1/2017.
Acts 2014 , ch. 582, § 1.
Tenn. Code Ann. § 40-14-108 — TN Code / Title 40 / Chapter 14 / Section 40-14-108
Continuance because of prejudicial excitement
Status: in_force

A continuance because of too great excitement to the prejudice of the defendant shall be in the sound discretion of the court. Acts 1875, ch. 6, § 1; Shan., § 7172; Code 1932, § 11736; T.C.A. (orig. ed.), § 40-2009.
A continuance because of too great excitement to the prejudice of the defendant shall be in the sound discretion of the court.
Acts 1875, ch. 6, § 1; Shan., § 7172; Code 1932, § 11736; T.C.A. (orig. ed.), § 40-2009.
Tenn. Code Ann. § 40-28-101 — TN Code / Title 40 / Chapter 28 / Section 40-28-101
Purpose - Application to clemency powers
Status: in_force

(a) The purpose of this chapter is to provide a system of probation and paroles to be liberally construed to the end that the treatment of persons convicted of crime shall take into consideration their individual characteristics, circumstances, needs and potentialities as revealed by a case study and that such persons shall be dealt with in the community by a uniformly organized system of constructive rehabilitation under probation supervision instead of in correctional institutions or under parole supervision when a period of institutional treatment has been deemed essential whenever it appears desirable in the light of the needs of public safety and their own welfare. (b) Nothing in §§ 40-28-101 - 40-28-104 shall be construed in any way as intended to modify or abridge the clemency powers of the governor, as defined in §§ 40-27-101 - 40-27-108. Acts 1937, ch. 276, §§ 1, 2; 1949, ch. 18, §§ 1-3; mod. C. Supp. 1950, §§ 11818.1, 11818.2 (Williams, §§ 11843.1, 11843.2); Acts 1961, ch. 93, § 1; 1963, ch. 288, § 1; 1970, ch. 488, § 1; 1972, ch. 636, §§ 1-8; 1976, ch. 806, § 1(82); 1978, ch. 929, § 6; 1979, ch. 359, §§ 2-5, 7; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 584, § 1; T.C.A. (orig. ed.), §§ 40-3601(1), (5).
(a) The purpose of this chapter is to provide a system of probation and paroles to be liberally construed to the end that the treatment of persons convicted of crime shall take into consideration their individual characteristics, circumstances, needs and potentialities as revealed by a case study and that such persons shall be dealt with in the community by a uniformly organized system of constructive rehabilitation under probation supervision instead of in correctional institutions or under parole supervision when a period of institutional treatment has been deemed essential whenever it appears desirable in the light of the needs of public safety and their own welfare.
(b) Nothing in §§ 40-28-101 - 40-28-104 shall be construed in any way as intended to modify or abridge the clemency powers of the governor, as defined in §§ 40-27-101 - 40-27-108.
Acts 1937, ch. 276, §§ 1, 2; 1949, ch. 18, §§ 1-3; mod. C. Supp. 1950, §§ 11818.1, 11818.2 (Williams, §§ 11843.1, 11843.2); Acts 1961, ch. 93, § 1; 1963, ch. 288, § 1; 1970, ch. 488, § 1; 1972, ch. 636, §§ 1-8; 1976, ch. 806, § 1(82); 1978, ch. 929, § 6; 1979, ch. 359, §§ 2-5, 7; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 584, § 1; T.C.A. (orig. ed.), §§ 40-3601(1), (5).
Tenn. Code Ann. § 40-12-203 — TN Code / Title 40 / Chapter 12 / Section 40-12-203
Filing of petition
Status: in_force

(a) Upon the receipt of written approval of the committee, the district attorney general may file a written petition with the clerk of the circuit court, or criminal court in counties where the court has been established, for the county where the criminal activity allegedly occurred to convene an investigative grand jury to consider the matters set forth in the petition. (b) The petition shall be made upon oath or affirmation and shall contain: (1) An allegation that one (1) or more of the offenses described in § 40-12-201 has occurred; (2) The basis of the district attorney general's knowledge of the commission of the offenses; and (3) Sufficient facts to establish probable cause to believe the crimes specified in the petition have been committed. (c) The petition shall also have appended to it the written consent of the committee which approved the filing of the petition. Acts 1990, ch. 1051, § 1.
(a) Upon the receipt of written approval of the committee, the district attorney general may file a written petition with the clerk of the circuit court, or criminal court in counties where the court has been established, for the county where the criminal activity allegedly occurred to convene an investigative grand jury to consider the matters set forth in the petition.
(b) The petition shall be made upon oath or affirmation and shall contain: (1) An allegation that one (1) or more of the offenses described in § 40-12-201 has occurred; (2) The basis of the district attorney general's knowledge of the commission of the offenses; and (3) Sufficient facts to establish probable cause to believe the crimes specified in the petition have been committed.
(1) An allegation that one (1) or more of the offenses described in § 40-12-201 has occurred;
(2) The basis of the district attorney general's knowledge of the commission of the offenses; and
(3) Sufficient facts to establish probable cause to believe the crimes specified in the petition have been committed.
(c) The petition shall also have appended to it the written consent of the committee which approved the filing of the petition.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-9-108 — TN Code / Title 40 / Chapter 9 / Section 40-9-108
Disposition of prisoner on expiration of time specified in warrant of commitment - No discharge pending proceedings before governor
Status: in_force

(a) If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant, bond or undertaking, the judge or magistrate may discharge the accused or recommit the accused to a further day, or may again take bail for the accused's appearance and surrender, as provided in § 40-9-106 ; and at the expiration of the second period of commitment, or if the accused has been bailed and appeared, according to the terms of the bond or undertaking, the judge or magistrate may either discharge the accused, or require the accused to enter into a new bond or undertaking, to appear and surrender at another day. (b) Whenever any fugitive from justice awaiting extradition to another state files a protest or requests a hearing before the governor of this state, prior to the returning of the fugitive to the other state, no judge or court in this state shall have the authority to order the release or discharge of the fugitive, pending the final disposition of the extradition proceeding before the governor. Likewise, the surety on any bail or appearance bond shall not be released from liability until final disposition of the matter by the governor of this state. Acts 1951, ch. 240, § 17 (Williams, § 11935.17); 1965, ch. 238, §1; T.C.A. (orig. ed.), § 40-1008.
(a) If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant, bond or undertaking, the judge or magistrate may discharge the accused or recommit the accused to a further day, or may again take bail for the accused's appearance and surrender, as provided in § 40-9-106 ; and at the expiration of the second period of commitment, or if the accused has been bailed and appeared, according to the terms of the bond or undertaking, the judge or magistrate may either discharge the accused, or require the accused to enter into a new bond or undertaking, to appear and surrender at another day.
(b) Whenever any fugitive from justice awaiting extradition to another state files a protest or requests a hearing before the governor of this state, prior to the returning of the fugitive to the other state, no judge or court in this state shall have the authority to order the release or discharge of the fugitive, pending the final disposition of the extradition proceeding before the governor. Likewise, the surety on any bail or appearance bond shall not be released from liability until final disposition of the matter by the governor of this state.
Acts 1951, ch. 240, § 17 (Williams, § 11935.17); 1965, ch. 238, §1; T.C.A. (orig. ed.), § 40-1008.
Tenn. Code Ann. § 40-12-205 — TN Code / Title 40 / Chapter 12 / Section 40-12-205
Grant or denial of petition
Status: in_force

(a) Upon receipt of a petition to convene an investigative grand jury, the presiding judge shall consider the petition in camera. (b) Any oral argument before the judge by the district attorney general shall be in the sole discretion of the presiding judge. (c) The judge shall grant the petition if the judge finds that: (1) The crimes alleged to have taken place are among those set forth in § 40-12-201 ; and (2) There is probable cause to believe the criminal activity set forth in the petition has taken place. (d) (1) The judge shall enter an order in writing respecting whether an investigative grand jury shall be convened. (2) The order will be filed by the clerk of the court and entered in records described in § 40-12-204 . (3) The clerk shall forward a copy to the district attorney general. Acts 1990, ch. 1051, § 1.
(a) Upon receipt of a petition to convene an investigative grand jury, the presiding judge shall consider the petition in camera.
(b) Any oral argument before the judge by the district attorney general shall be in the sole discretion of the presiding judge.
(c) The judge shall grant the petition if the judge finds that: (1) The crimes alleged to have taken place are among those set forth in § 40-12-201 ; and (2) There is probable cause to believe the criminal activity set forth in the petition has taken place.
(1) The crimes alleged to have taken place are among those set forth in § 40-12-201 ; and
(2) There is probable cause to believe the criminal activity set forth in the petition has taken place.
(d) (1) The judge shall enter an order in writing respecting whether an investigative grand jury shall be convened. (2) The order will be filed by the clerk of the court and entered in records described in § 40-12-204 . (3) The clerk shall forward a copy to the district attorney general.
(1) The judge shall enter an order in writing respecting whether an investigative grand jury shall be convened.
(2) The order will be filed by the clerk of the court and entered in records described in § 40-12-204 .
(3) The clerk shall forward a copy to the district attorney general.
Acts 1990, ch. 1051, § 1.
Tenn. Code Ann. § 40-13-212 — TN Code / Title 40 / Chapter 13 / Section 40-13-212
Alleging fraud
Status: in_force

(a) In all prosecutions for offenses where the fraudulent possession or concealment of the thing constitutes the offense, it shall be sufficient to allege in the indictment that the party charged did fraudulently keep in possession or conceal the thing, without averring the particular species of fraud the party intended to commit or that any particular person was intended to be defrauded. (b) In indictments, when an intent to injure or defraud the public, and not a particular individual, is required to constitute the offense, it is sufficient to allege an intent to injure or defraud generally, without naming the particular person, state, government or body corporate intended to be defrauded. Code 1858, §§ 5126, 5134 (deriv. Acts 1829, ch. 23, §§ 73, 74; 1841-1842, ch. 48, §§ 5, 6); Shan., §§ 7089, 7097; Code 1932, §§ 11634, 11643; T.C.A. (orig. ed.), §§ 40-1813, 40-1814.
(a) In all prosecutions for offenses where the fraudulent possession or concealment of the thing constitutes the offense, it shall be sufficient to allege in the indictment that the party charged did fraudulently keep in possession or conceal the thing, without averring the particular species of fraud the party intended to commit or that any particular person was intended to be defrauded.
(b) In indictments, when an intent to injure or defraud the public, and not a particular individual, is required to constitute the offense, it is sufficient to allege an intent to injure or defraud generally, without naming the particular person, state, government or body corporate intended to be defrauded.
Code 1858, §§ 5126, 5134 (deriv. Acts 1829, ch. 23, §§ 73, 74; 1841-1842, ch. 48, §§ 5, 6); Shan., §§ 7089, 7097; Code 1932, §§ 11634, 11643; T.C.A. (orig. ed.), §§ 40-1813, 40-1814.
Tenn. Code Ann. § 40-30-115 — TN Code / Title 40 / Chapter 30 / Section 40-30-115
Determination of indigency - Appointment of counsel and court reporters
Status: in_force

Indigency shall be determined and counsel and court reporters appointed and reimbursed as now provided for criminal and habeas corpus cases by chapter 14, parts 2 and 3 of this title. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-215.
Indigency shall be determined and counsel and court reporters appointed and reimbursed as now provided for criminal and habeas corpus cases by chapter 14, parts 2 and 3 of this title.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-215.
Tenn. Code Ann. § 40-13-210 — TN Code / Title 40 / Chapter 13 / Section 40-13-210
Jurisdiction to support alleged judgment
Status: in_force

In pleading a judgment or other determination or proceeding before a court or officer, it is not necessary to state the facts conferring jurisdiction, but the judgment, determination or proceeding may be stated to have been duly given or made, but the facts required to give the jurisdiction shall appear on the trial. Code 1858, § 5128; Shan., § 7091; Code 1932, § 11636; T.C.A. (orig. ed.), § 40-1811.
In pleading a judgment or other determination or proceeding before a court or officer, it is not necessary to state the facts conferring jurisdiction, but the judgment, determination or proceeding may be stated to have been duly given or made, but the facts required to give the jurisdiction shall appear on the trial.
Code 1858, § 5128; Shan., § 7091; Code 1932, § 11636; T.C.A. (orig. ed.), § 40-1811.
Tenn. Code Ann. § 40-17-202 — TN Code / Title 40 / Chapter 17 / Section 40-17-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "State" includes any territory of the United States and the District of Columbia; (2) "Summons" includes a subpoena, order or other notice requiring the appearance of a witness; and (3) "Witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. Acts 1939, ch. 148, § 2; C. Supp. 1950, § 11979.2; T.C.A. (orig. ed.), § 40-2430.
As used in this part, unless the context otherwise requires:
(1) "State" includes any territory of the United States and the District of Columbia;
(2) "Summons" includes a subpoena, order or other notice requiring the appearance of a witness; and
(3) "Witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
Acts 1939, ch. 148, § 2; C. Supp. 1950, § 11979.2; T.C.A. (orig. ed.), § 40-2430.
Tenn. Code Ann. § 40-13-217 — TN Code / Title 40 / Chapter 13 / Section 40-13-217
Alleging gaming
Status: in_force

(a) All laws made for the prevention, discouraging or suppression of gaming shall be construed as remedial and not penal statutes and no presentment or indictment in such case shall be quashed for want of form. (b) In presentments and indictments for gaming, it is sufficient to charge the general name of the game at which the defendant or defendants played, without setting forth and describing with or against whom they may have bet or played. (c) In prosecutions for keeping any gaming table or device under § 39-17-505 , it is sufficient to charge that the defendant kept or exhibited, or was interested or concerned in keeping or exhibiting, a gaming table or device for gaming, without describing the table or device more particularly, or alleging in what manner the defendant was concerned in the keeping or exhibiting, or alleging or proving that any money was bet at the gaming table or device. Code 1858, §§ 4883, 4885, 5136 (deriv. Acts 1824, ch. 5, § 5); Shan., §§ 6819, 6821, 7099; Code 1932, §§ 11292, 11293, 11645; T.C.A. (orig. ed.), §§ 40-1819 -- 40-1821; Acts 1996, ch. 675, § 27.
(a) All laws made for the prevention, discouraging or suppression of gaming shall be construed as remedial and not penal statutes and no presentment or indictment in such case shall be quashed for want of form.
(b) In presentments and indictments for gaming, it is sufficient to charge the general name of the game at which the defendant or defendants played, without setting forth and describing with or against whom they may have bet or played.
(c) In prosecutions for keeping any gaming table or device under § 39-17-505 , it is sufficient to charge that the defendant kept or exhibited, or was interested or concerned in keeping or exhibiting, a gaming table or device for gaming, without describing the table or device more particularly, or alleging in what manner the defendant was concerned in the keeping or exhibiting, or alleging or proving that any money was bet at the gaming table or device.
Code 1858, §§ 4883, 4885, 5136 (deriv. Acts 1824, ch. 5, § 5); Shan., §§ 6819, 6821, 7099; Code 1932, §§ 11292, 11293, 11645; T.C.A. (orig. ed.), §§ 40-1819 -- 40-1821; Acts 1996, ch. 675, § 27.
Tenn. Code Ann. § 40-30-107 — TN Code / Title 40 / Chapter 30 / Section 40-30-107
Preliminary order
Status: in_force

(a) If the petition is not dismissed upon preliminary consideration, the court shall enter a preliminary order. (b) In all cases, the preliminary order shall direct the following: (1) If a petitioner not represented by counsel requests counsel and the court is satisfied that the petitioner is indigent as defined in § 40-14-201 , the court shall appoint counsel to represent the petitioner. (2) If counsel is appointed or retained, or the petitioner is proceeding pro se, counsel or the petitioner if proceeding pro se must file an amended petition or a written notice that no amendment will be filed. The amended petition or notice shall be filed within thirty (30) days of the entry of the preliminary order, unless extended for good cause. The written notice, if filed by counsel, shall state that counsel has consulted the petitioner and that the petitioner agrees there is no need to amend the petition. Good cause will not be met by a routine statement that the press of other business prevents the filing of the appropriate pleadings within the designated time. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-207 .
(a) If the petition is not dismissed upon preliminary consideration, the court shall enter a preliminary order.
(b) In all cases, the preliminary order shall direct the following: (1) If a petitioner not represented by counsel requests counsel and the court is satisfied that the petitioner is indigent as defined in § 40-14-201 , the court shall appoint counsel to represent the petitioner. (2) If counsel is appointed or retained, or the petitioner is proceeding pro se, counsel or the petitioner if proceeding pro se must file an amended petition or a written notice that no amendment will be filed. The amended petition or notice shall be filed within thirty (30) days of the entry of the preliminary order, unless extended for good cause. The written notice, if filed by counsel, shall state that counsel has consulted the petitioner and that the petitioner agrees there is no need to amend the petition. Good cause will not be met by a routine statement that the press of other business prevents the filing of the appropriate pleadings within the designated time.
(1) If a petitioner not represented by counsel requests counsel and the court is satisfied that the petitioner is indigent as defined in § 40-14-201 , the court shall appoint counsel to represent the petitioner.
(2) If counsel is appointed or retained, or the petitioner is proceeding pro se, counsel or the petitioner if proceeding pro se must file an amended petition or a written notice that no amendment will be filed. The amended petition or notice shall be filed within thirty (30) days of the entry of the preliminary order, unless extended for good cause. The written notice, if filed by counsel, shall state that counsel has consulted the petitioner and that the petitioner agrees there is no need to amend the petition. Good cause will not be met by a routine statement that the press of other business prevents the filing of the appropriate pleadings within the designated time.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-207 .
Tenn. Code Ann. § 40-10-108 — TN Code / Title 40 / Chapter 10 / Section 40-10-108
Form of bond
Status: in_force

The undertaking entered into pursuant to § 40-10-107 may be in substance as follows: State of Tennessee, County of ______________ We, A. B., C. D., and E. F., witnesses against G. H., charged with a public offense, do each bind ourselves to appear at the next term of the (circuit) court of ______________ County, on the second day of the term, to give evidence against G. H., and, in case of failure, to pay the state of Tennessee two hundred fifty dollars ($250). This ______________ day of ______________, 20____________________. ______________A. B., ______________C.D., ______________E.F. Code 1858, §5068; Shan., § 7027; Code 1932, § 11567; T.C.A. (orig. ed.), § 40-1123.
The undertaking entered into pursuant to § 40-10-107 may be in substance as follows:
State of Tennessee,
County of ______________
We, A. B., C. D., and E. F., witnesses against G. H., charged with a public offense, do each bind ourselves to appear at the next term of the (circuit) court of ______________ County, on the second day of the term, to give evidence against G. H., and, in case of failure, to pay the state of Tennessee two hundred fifty dollars ($250).
This ______________ day of ______________, 20____________________.
______________A. B.,
______________C.D.,
______________E.F.
Code 1858, §5068; Shan., § 7027; Code 1932, § 11567; T.C.A. (orig. ed.), § 40-1123.
Tenn. Code Ann. § 40-14-315 — TN Code / Title 40 / Chapter 14 / Section 40-14-315
Contracts authorized for verbatim transcripts without using court reporters
Status: in_force

Whenever the administrative director and the judge or judges in a particular area determine that accurate verbatim transcripts could be more economically, expeditiously and efficiently provided in the particular area by entering into contracts for that purpose rather than by utilizing the designation of court reporters as provided in this part, then, in those instances, the administrative director is authorized to enter into those contracts for and on behalf of the state of Tennessee on the terms and conditions as the administrative director deems appropriate for the accomplishment of the purposes of this part. Acts 1965, ch. 221, § 15; T.C.A., § 40-2043; Acts 1993, ch. 66, § 68.
Whenever the administrative director and the judge or judges in a particular area determine that accurate verbatim transcripts could be more economically, expeditiously and efficiently provided in the particular area by entering into contracts for that purpose rather than by utilizing the designation of court reporters as provided in this part, then, in those instances, the administrative director is authorized to enter into those contracts for and on behalf of the state of Tennessee on the terms and conditions as the administrative director deems appropriate for the accomplishment of the purposes of this part.
Acts 1965, ch. 221, § 15; T.C.A., § 40-2043; Acts 1993, ch. 66, § 68.
Tenn. Code Ann. § 40-20-106 — TN Code / Title 40 / Chapter 20 / Section 40-20-106
Assessment of punishment for misdemeanor when felony charged
Status: in_force

Whenever any person is indicted or presented in a court of record for the alleged commission of any felony, the elements of which include the commission of a misdemeanor, and the defendant pleads not guilty and is tried by a jury, in such case, upon demand of the defendant timely made, the trial jury shall as a part of its verdict, should it find the defendant not guilty of the felony but guilty of a misdemeanor included within the felony, assess the punishment for the misdemeanor offense both as to fine and imprisonment within the limits now or later prescribed by law. Acts 1947, ch. 82, § 1a, as added by Acts 1949, ch. 202, § 1; C. Supp. 1950, § 11765.1 (Williams, § 11760.1a); T.C.A. (orig. ed.), § 40-2706.
Whenever any person is indicted or presented in a court of record for the alleged commission of any felony, the elements of which include the commission of a misdemeanor, and the defendant pleads not guilty and is tried by a jury, in such case, upon demand of the defendant timely made, the trial jury shall as a part of its verdict, should it find the defendant not guilty of the felony but guilty of a misdemeanor included within the felony, assess the punishment for the misdemeanor offense both as to fine and imprisonment within the limits now or later prescribed by law.
Acts 1947, ch. 82, § 1a, as added by Acts 1949, ch. 202, § 1; C. Supp. 1950, § 11765.1 (Williams, § 11760.1a); T.C.A. (orig. ed.), § 40-2706.
Tenn. Code Ann. § 40-38-202 — TN Code / Title 40 / Chapter 38 / Section 40-38-202
Sentencing judge to consider impact statement prior to sentencing
Status: in_force

The sentencing judge shall solicit and consider a victim impact statement prior to sentencing a convicted offender who has caused physical, emotional or financial harm to a victim, as defined in § 40-38-203 . Acts 1993, ch. 438, § 2.
The sentencing judge shall solicit and consider a victim impact statement prior to sentencing a convicted offender who has caused physical, emotional or financial harm to a victim, as defined in § 40-38-203 .
Acts 1993, ch. 438, § 2.
Tenn. Code Ann. § 40-6-105 — TN Code / Title 40 / Chapter 6 / Section 40-6-105
Issuance of search warrant - Issuance of "no knock" search warrant prohibited
Status: in_force

(a) The magistrate, if satisfied of the existence of the grounds of the application, or that there is probable ground to believe their existence, shall issue a search warrant signed by the magistrate, directed to the sheriff, any constable, or any peace officer, commanding the sheriff, constable, or peace officer immediately to search the person or place named for the property specified, and to bring it before the magistrate. (b) A magistrate shall not issue a "no knock" search warrant, which expressly authorizes a peace officer to dispense with the requirement to knock and announce the peace officer's presence prior to execution of the warrant. Amended by 2021 Tenn. Acts, ch. 489, s 5, eff. 5/18/2021. Code 1858, § 5322; Shan., § 7300; mod. Code 1932, § 11901; T.C.A. (orig. ed.), § 40-505.
(a) The magistrate, if satisfied of the existence of the grounds of the application, or that there is probable ground to believe their existence, shall issue a search warrant signed by the magistrate, directed to the sheriff, any constable, or any peace officer, commanding the sheriff, constable, or peace officer immediately to search the person or place named for the property specified, and to bring it before the magistrate.
(b) A magistrate shall not issue a "no knock" search warrant, which expressly authorizes a peace officer to dispense with the requirement to knock and announce the peace officer's presence prior to execution of the warrant.
Amended by 2021 Tenn. Acts, ch. 489, s 5, eff. 5/18/2021.
Code 1858, § 5322; Shan., § 7300; mod. Code 1932, § 11901; T.C.A. (orig. ed.), § 40-505.
Tenn. Code Ann. § 40-7-123 — TN Code / Title 40 / Chapter 7 / Section 40-7-123
Development of standardized written procedure of verifying citizenship status
Status: in_force

(a) The Tennessee peace officer standards and training commission shall develop a standardized written procedure for verifying the citizenship status of individuals who are arrested, booked, or confined for any period in a county or municipal jail or detention facility and reporting to the appropriate immigration and customs enforcement detention and removal operations field office those individuals who may be in violation of the Immigration and Naturalization Act ( 8 U.S.C § 1101 et seq.). (b) When a person is arrested, booked or confined for any period in the jail of the county or any municipality, the keeper of the jail shall utilize the above-referenced procedure to verify the citizenship status of each arrested, booked, or otherwise confined individual and report those individuals to the appropriate immigration and customs enforcement detention and removal operations field office if the keeper of the jail determines that the individual is in violation of the Immigration and Naturalization Act, or if such status cannot be determined. (c) This section shall not apply to any county or municipality that has entered into and is operating under a memorandum of understanding with the United States department of homeland security concerning enforcement of federal immigration laws. (d) This section shall not apply to any county or municipality while it participates in the United States immigration and customs enforcement criminal alien program (CAP). Acts 2010, ch. 1112, § 1.
(a) The Tennessee peace officer standards and training commission shall develop a standardized written procedure for verifying the citizenship status of individuals who are arrested, booked, or confined for any period in a county or municipal jail or detention facility and reporting to the appropriate immigration and customs enforcement detention and removal operations field office those individuals who may be in violation of the Immigration and Naturalization Act ( 8 U.S.C § 1101 et seq.).
(b) When a person is arrested, booked or confined for any period in the jail of the county or any municipality, the keeper of the jail shall utilize the above-referenced procedure to verify the citizenship status of each arrested, booked, or otherwise confined individual and report those individuals to the appropriate immigration and customs enforcement detention and removal operations field office if the keeper of the jail determines that the individual is in violation of the Immigration and Naturalization Act, or if such status cannot be determined.
(c) This section shall not apply to any county or municipality that has entered into and is operating under a memorandum of understanding with the United States department of homeland security concerning enforcement of federal immigration laws.
(d) This section shall not apply to any county or municipality while it participates in the United States immigration and customs enforcement criminal alien program (CAP).
Acts 2010, ch. 1112, § 1.
Tenn. Code Ann. § 40-39-302 — TN Code / Title 40 / Chapter 39 / Section 40-39-302
Establishment of program - Promulgation of guidelines - Duties
Status: in_force

(a) The department of correction is authorized to establish a serious offender and violent sexual offender monitoring program and to promulgate guidelines governing it, consistent with this part. (b) The department of correction shall carry out the following duties: (1) By December 31, 2004, in consultation with all participating state and local law enforcement, the department of correction shall develop implementing guidelines for the continuous satellite-based monitoring of serious offenders and violent sexual offenders. The system may provide: (A) Time-correlated and continuous tracking of the geographic location of the subject using a global positioning system based on satellite and other location tracking technology; (B) Reporting of subject's violations of prescriptive and proscriptive schedule or location requirements. Frequency of reporting may range from once-a-day (passive) to near real-time (active); and (C) An automated system that provides local and state law enforcement with alerts to compare the geographic positions of monitored subjects with reported crime incidents and whether the subject was at or near the reported crime incidents. These alerts will enable authorities to include or exclude monitored subjects from an ongoing investigation; (2) (A) Prior to June 30, 2005, the department of correction shall contract with a single vendor for the hardware services needed to monitor subject offenders and correlate their movements to reported crime incidents using a system meeting the requirements described in subdivision (b)(1)(C); (B) The department of correction's contract with this vendor may provide for services necessary to implement or facilitate any of this part including the collection and disposition of the charges and fees provided for in this part and § 40-28-201(a)(2) and to allow for the reasonable cost of collection of the proceeds. Acts 2004, ch. 899, § 5; 2005, ch. 179, §§ 1, 2; 2012 , ch. 727, § 51.
(a) The department of correction is authorized to establish a serious offender and violent sexual offender monitoring program and to promulgate guidelines governing it, consistent with this part.
(b) The department of correction shall carry out the following duties: (1) By December 31, 2004, in consultation with all participating state and local law enforcement, the department of correction shall develop implementing guidelines for the continuous satellite-based monitoring of serious offenders and violent sexual offenders. The system may provide: (A) Time-correlated and continuous tracking of the geographic location of the subject using a global positioning system based on satellite and other location tracking technology; (B) Reporting of subject's violations of prescriptive and proscriptive schedule or location requirements. Frequency of reporting may range from once-a-day (passive) to near real-time (active); and (C) An automated system that provides local and state law enforcement with alerts to compare the geographic positions of monitored subjects with reported crime incidents and whether the subject was at or near the reported crime incidents. These alerts will enable authorities to include or exclude monitored subjects from an ongoing investigation; (2) (A) Prior to June 30, 2005, the department of correction shall contract with a single vendor for the hardware services needed to monitor subject offenders and correlate their movements to reported crime incidents using a system meeting the requirements described in subdivision (b)(1)(C); (B) The department of correction's contract with this vendor may provide for services necessary to implement or facilitate any of this part including the collection and disposition of the charges and fees provided for in this part and § 40-28-201(a)(2) and to allow for the reasonable cost of collection of the proceeds.
(1) By December 31, 2004, in consultation with all participating state and local law enforcement, the department of correction shall develop implementing guidelines for the continuous satellite-based monitoring of serious offenders and violent sexual offenders. The system may provide: (A) Time-correlated and continuous tracking of the geographic location of the subject using a global positioning system based on satellite and other location tracking technology; (B) Reporting of subject's violations of prescriptive and proscriptive schedule or location requirements. Frequency of reporting may range from once-a-day (passive) to near real-time (active); and (C) An automated system that provides local and state law enforcement with alerts to compare the geographic positions of monitored subjects with reported crime incidents and whether the subject was at or near the reported crime incidents. These alerts will enable authorities to include or exclude monitored subjects from an ongoing investigation;
(A) Time-correlated and continuous tracking of the geographic location of the subject using a global positioning system based on satellite and other location tracking technology;
(B) Reporting of subject's violations of prescriptive and proscriptive schedule or location requirements. Frequency of reporting may range from once-a-day (passive) to near real-time (active); and
(C) An automated system that provides local and state law enforcement with alerts to compare the geographic positions of monitored subjects with reported crime incidents and whether the subject was at or near the reported crime incidents. These alerts will enable authorities to include or exclude monitored subjects from an ongoing investigation;
(2) (A) Prior to June 30, 2005, the department of correction shall contract with a single vendor for the hardware services needed to monitor subject offenders and correlate their movements to reported crime incidents using a system meeting the requirements described in subdivision (b)(1)(C); (B) The department of correction's contract with this vendor may provide for services necessary to implement or facilitate any of this part including the collection and disposition of the charges and fees provided for in this part and § 40-28-201(a)(2) and to allow for the reasonable cost of collection of the proceeds.
(A) Prior to June 30, 2005, the department of correction shall contract with a single vendor for the hardware services needed to monitor subject offenders and correlate their movements to reported crime incidents using a system meeting the requirements described in subdivision (b)(1)(C);
(B) The department of correction's contract with this vendor may provide for services necessary to implement or facilitate any of this part including the collection and disposition of the charges and fees provided for in this part and § 40-28-201(a)(2) and to allow for the reasonable cost of collection of the proceeds.
Acts 2004, ch. 899, § 5; 2005, ch. 179, §§ 1, 2; 2012 , ch. 727, § 51.
Tenn. Code Ann. § 40-33-206 — TN Code / Title 40 / Chapter 33 / Section 40-33-206
Claims
Status: in_force

(a) Any person asserting a claim to any property seized pursuant to the provisions of law set out in § 40-33-201 , and described on the notice of seizure, may within thirty (30) days of being notified by the applicable agency that a forfeiture warrant has issued, file with the agency a written claim requesting a hearing and stating the person's interest in the seized property for which a claim is made. The claims may be on forms provided by the applicable agency. (b) (1) Except as provided in § 40-33-205(a) , with the claim the claimant shall also file a cash bond or attorney or corporate surety bond in the sum of three hundred fifty dollars ($350), the bond being made payable to the state of Tennessee; and (2) An indigent person may file a claim in forma pauperis by filing with the claim an affidavit stating that the person is unable to bear the cost of the proceeding. (c) If a claim or proof of a security interest is not filed with the applicable agency within the time specified by this part, the seized property shall be forfeited and disposed of as provided by law. Acts 1994, ch. 925, § 1.
(a) Any person asserting a claim to any property seized pursuant to the provisions of law set out in § 40-33-201 , and described on the notice of seizure, may within thirty (30) days of being notified by the applicable agency that a forfeiture warrant has issued, file with the agency a written claim requesting a hearing and stating the person's interest in the seized property for which a claim is made. The claims may be on forms provided by the applicable agency.
(b) (1) Except as provided in § 40-33-205(a) , with the claim the claimant shall also file a cash bond or attorney or corporate surety bond in the sum of three hundred fifty dollars ($350), the bond being made payable to the state of Tennessee; and (2) An indigent person may file a claim in forma pauperis by filing with the claim an affidavit stating that the person is unable to bear the cost of the proceeding.
(1) Except as provided in § 40-33-205(a) , with the claim the claimant shall also file a cash bond or attorney or corporate surety bond in the sum of three hundred fifty dollars ($350), the bond being made payable to the state of Tennessee; and
(2) An indigent person may file a claim in forma pauperis by filing with the claim an affidavit stating that the person is unable to bear the cost of the proceeding.
(c) If a claim or proof of a security interest is not filed with the applicable agency within the time specified by this part, the seized property shall be forfeited and disposed of as provided by law.
Acts 1994, ch. 925, § 1.
Tenn. Code Ann. § 40-10-111 — TN Code / Title 40 / Chapter 10 / Section 40-10-111
Commitment of witnesses
Status: in_force

Any witness required to enter into an undertaking, with or without security, shall, on failure or refusal, be committed to jail. Code 1858, §5071; Shan., § 7030; Code 1932, § 11570; T.C.A. (orig. ed.), § 40-1126.
Any witness required to enter into an undertaking, with or without security, shall, on failure or refusal, be committed to jail.
Code 1858, §5071; Shan., § 7030; Code 1932, § 11570; T.C.A. (orig. ed.), § 40-1126.
Tenn. Code Ann. § 40-12-103 — TN Code / Title 40 / Chapter 12 / Section 40-12-103
Reconvening to consider felony
Status: in_force

The judges of the circuit and criminal courts are authorized at any time during the same term of court to reconvene the grand jurors when, during the same term of court and after the jurors have been discharged, a criminal offense which is a felony has been committed in the jurisdiction. Acts 1899, ch. 324, § 1; Shan., § 5836a1; Code 1932, § 10035; T.C.A. (orig. ed.), § 40-1515.
The judges of the circuit and criminal courts are authorized at any time during the same term of court to reconvene the grand jurors when, during the same term of court and after the jurors have been discharged, a criminal offense which is a felony has been committed in the jurisdiction.
Acts 1899, ch. 324, § 1; Shan., § 5836a1; Code 1932, § 10035; T.C.A. (orig. ed.), § 40-1515.
Tenn. Code Ann. § 40-5-202 — TN Code / Title 40 / Chapter 5 / Section 40-5-202
Term of office - Eligibility for appointment
Status: in_force

The term or terms of the judicial commissioner or commissioners shall be established by the majority of general sessions judges of the county and in no event shall the term or terms exceed four (4) years. No employee, officer or official of the metropolitan government shall be eligible for appointment or serve as a judicial commissioner. Acts 1983, ch. 86, § 1.
The term or terms of the judicial commissioner or commissioners shall be established by the majority of general sessions judges of the county and in no event shall the term or terms exceed four (4) years. No employee, officer or official of the metropolitan government shall be eligible for appointment or serve as a judicial commissioner.
Acts 1983, ch. 86, § 1.
Tenn. Code Ann. § 40-26-103 — TN Code / Title 40 / Chapter 26 / Section 40-26-103
Admission to bail by appellate court
Status: in_force

In case the appropriate appellate court or any appellate court judge shall be of the opinion that under the circumstances stated by the trial judge the trial judge abused discretion in so denying bail, the appellate court or any appellate court judge may admit the person so convicted to bail pending the disposition of the appeal by the appellate court. Acts 1951, ch. 7, § 1 (Williams, § 11651.1); 1976, ch. 774, § 3; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-3407.
In case the appropriate appellate court or any appellate court judge shall be of the opinion that under the circumstances stated by the trial judge the trial judge abused discretion in so denying bail, the appellate court or any appellate court judge may admit the person so convicted to bail pending the disposition of the appeal by the appellate court.
Acts 1951, ch. 7, § 1 (Williams, § 11651.1); 1976, ch. 774, § 3; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-3407.
Tenn. Code Ann. § 40-13-202 — TN Code / Title 40 / Chapter 13 / Section 40-13-202
Statement of offense
Status: in_force

The indictment must state the facts constituting the offense in ordinary and concise language, without prolixity or repetition, in a manner so as to enable a person of common understanding to know what is intended and with that degree of certainty which will enable the court, on conviction, to pronounce the proper judgment. In no case are the words "force and arms" or "contrary to the form of the statute" necessary. Code 1858, §§ 5114, 5115; Shan., §§ 7077, 7078; mod. Code 1932, § 11624; T.C.A. (orig. ed.), § 40-1802.
The indictment must state the facts constituting the offense in ordinary and concise language, without prolixity or repetition, in a manner so as to enable a person of common understanding to know what is intended and with that degree of certainty which will enable the court, on conviction, to pronounce the proper judgment. In no case are the words "force and arms" or "contrary to the form of the statute" necessary.
Code 1858, §§ 5114, 5115; Shan., §§ 7077, 7078; mod. Code 1932, § 11624; T.C.A. (orig. ed.), § 40-1802.
Tenn. Code Ann. § 40-4-105 — TN Code / Title 40 / Chapter 4 / Section 40-4-105
Notice of trial to victim of personal violence
Status: in_force

If the charge is of violence to the person of another, the person on whom the violence has been committed shall be notified of the time and place of trial, so that such person may attend and be heard as a witness. Should the person conceal such person's location so as to avoid the service of notice, or fail to attend after due notice, the trial may be proceeded with as in other cases. Code 1858, §§ 4995, 4996 (deriv. Acts 1849-1850, ch. 247, § 1; 1851-1852, ch. 15, § 2); Shan., §§ 6954, 6955; Code 1932, §§ 11495, 11496; T.C.A. (orig. ed.), § 40-409.
If the charge is of violence to the person of another, the person on whom the violence has been committed shall be notified of the time and place of trial, so that such person may attend and be heard as a witness. Should the person conceal such person's location so as to avoid the service of notice, or fail to attend after due notice, the trial may be proceeded with as in other cases.
Code 1858, §§ 4995, 4996 (deriv. Acts 1849-1850, ch. 247, § 1; 1851-1852, ch. 15, § 2); Shan., §§ 6954, 6955; Code 1932, §§ 11495, 11496; T.C.A. (orig. ed.), § 40-409.
Tenn. Code Ann. § 40-38-504 — TN Code / Title 40 / Chapter 38 / Section 40-38-504
Funding
Status: in_force

Funding for the victim notification system shall come from grants, including grants authorized by § 40-38-505 , donations, gifts and appropriations made for that purpose. Acts 2009, ch. 488, § 2.
Funding for the victim notification system shall come from grants, including grants authorized by § 40-38-505 , donations, gifts and appropriations made for that purpose.
Acts 2009, ch. 488, § 2.
Tenn. Code Ann. § 40-18-111 — TN Code / Title 40 / Chapter 18 / Section 40-18-111
General verdict of guilty
Status: in_force

A general verdict of guilty will be sustained if there is any one (1) good count in the indictment sustained by proof, although the other counts may be fatally defective. Code 1858, §5217; Shan., § 7190; Code 1932, § 11753; T.C.A. (orig. ed.), § 40-2519.
A general verdict of guilty will be sustained if there is any one (1) good count in the indictment sustained by proof, although the other counts may be fatally defective.
Code 1858, §5217; Shan., § 7190; Code 1932, § 11753; T.C.A. (orig. ed.), § 40-2519.
Tenn. Code Ann. § 40-35-122 — TN Code / Title 40 / Chapter 35 / Section 40-35-122
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 1038,s 11, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 545, s 6, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 549, s 1, eff. 3/9/2018. Acts 2010 , ch. 1090, § 2.
Repealed by 2024 Tenn. Acts, ch. 1038,s 11, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 545, s 6, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 549, s 1, eff. 3/9/2018.
Acts 2010 , ch. 1090, § 2.
Tenn. Code Ann. § 40-23-117 — TN Code / Title 40 / Chapter 23 / Section 40-23-117
Death sentence stands if not carried out at scheduled time
Status: in_force

When, from any cause, an inmate sentenced to death has not been executed pursuant to the sentence, the sentence stands in full force, and shall be carried into execution by the court in which the inmate was tried. Code 1858, §5279; Shan., § 7259; Code 1932, § 11861; T.C.A. (orig. ed.), § 40-3121.
When, from any cause, an inmate sentenced to death has not been executed pursuant to the sentence, the sentence stands in full force, and shall be carried into execution by the court in which the inmate was tried.
Code 1858, §5279; Shan., § 7259; Code 1932, § 11861; T.C.A. (orig. ed.), § 40-3121.
Tenn. Code Ann. § 40-11-120 — TN Code / Title 40 / Chapter 11 / Section 40-11-120
Forfeiture of defendant's bail deposit
Status: in_force

If the defendant released upon recognizance under § 40-11-115 or posting bail bond under § 40-11-118 does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited. Notice of the order or forfeiture shall be mailed forthwith by the clerk to the defendant at the defendant's last known address. If the defendant does not appear and surrender to the court having jurisdiction within thirty (30) days from the date of the forfeiture or, within that period, satisfy the court that appearance and surrender by the defendant are impossible and not the defendant's fault, the court shall enter judgment for the state against the defendant for the amount of the bail and costs of the court proceedings. The deposit made in accordance with § 40-11-118 shall be applied to payment of the judgment and costs. Any balance of the judgment and costs may be enforced and collected in the same manner as a judgment entered in a civil action. Acts 1978, ch. 506, § 20; T.C.A., § 40-1220.
If the defendant released upon recognizance under § 40-11-115 or posting bail bond under § 40-11-118 does not comply with the conditions of the bail bond, the court having jurisdiction shall enter an order declaring the bail to be forfeited. Notice of the order or forfeiture shall be mailed forthwith by the clerk to the defendant at the defendant's last known address. If the defendant does not appear and surrender to the court having jurisdiction within thirty (30) days from the date of the forfeiture or, within that period, satisfy the court that appearance and surrender by the defendant are impossible and not the defendant's fault, the court shall enter judgment for the state against the defendant for the amount of the bail and costs of the court proceedings. The deposit made in accordance with § 40-11-118 shall be applied to payment of the judgment and costs. Any balance of the judgment and costs may be enforced and collected in the same manner as a judgment entered in a civil action.
Acts 1978, ch. 506, § 20; T.C.A., § 40-1220.
Tenn. Code Ann. § 40-29-102 — TN Code / Title 40 / Chapter 29 / Section 40-29-102
Petition and proof
Status: in_force

The proceeding for this purpose shall be by petition to the circuit court of the county in which the petitioner resides, or to the circuit court of the county in which the petitioner was convicted of an act depriving the petitioner of citizenship sustained by satisfactory proof that ever since the judgment of disqualification, the petitioner has sustained the character of a person of honesty, respectability and veracity, and is generally esteemed as such by the petitioner's neighbors. Code 1858, § 1995 (deriv. Acts 1851-1852, ch. 30, § 1); Shan., § 3656; Code 1932, § 7184; Acts 1969, ch. 316, § 1; T.C.A. (orig. ed.), § 40-3702.
The proceeding for this purpose shall be by petition to the circuit court of the county in which the petitioner resides, or to the circuit court of the county in which the petitioner was convicted of an act depriving the petitioner of citizenship sustained by satisfactory proof that ever since the judgment of disqualification, the petitioner has sustained the character of a person of honesty, respectability and veracity, and is generally esteemed as such by the petitioner's neighbors.
Code 1858, § 1995 (deriv. Acts 1851-1852, ch. 30, § 1); Shan., § 3656; Code 1932, § 7184; Acts 1969, ch. 316, § 1; T.C.A. (orig. ed.), § 40-3702.
Tenn. Code Ann. § 40-35-301 — TN Code / Title 40 / Chapter 35 / Section 40-35-301
Fixing of fine by court or jury
Status: in_force

(a) Where the offense is punishable by a fine of fifty dollars ($50.00) or less, the court shall fix the fine in accordance with § 40-35-111 . (b) In a case where the range of punishment includes a fine in excess of fifty dollars ($50.00), the jury finding the defendant guilty shall also fix the fine, if any, in excess of fifty dollars ($50.00). The jury shall report such fine with a verdict of guilty. When imposing sentence, after the sentencing hearing, the court shall impose a fine, if any, not to exceed the fine fixed by the jury. The defendant may waive the right to have a jury fix the fine and agree that the court fix it, in which case the court may lawfully fix the fine at any amount that the jury could have. If a plea agreement imposing a fine in excess of fifty dollars ($50.00) and the defendant's written waiver of the constitutional right to have a jury fix the fine are accepted by the court, the court may pronounce sentence, including the fine, without a jury. If the conviction is upon a guilty plea and there is no jury waiver as provided in this subsection (b), a jury shall be impaneled to fix the fine, if any, to be imposed by the court in an amount not to exceed the fine fixed by the jury. Acts 1989, ch. 591, § 6.
(a) Where the offense is punishable by a fine of fifty dollars ($50.00) or less, the court shall fix the fine in accordance with § 40-35-111 .
(b) In a case where the range of punishment includes a fine in excess of fifty dollars ($50.00), the jury finding the defendant guilty shall also fix the fine, if any, in excess of fifty dollars ($50.00). The jury shall report such fine with a verdict of guilty. When imposing sentence, after the sentencing hearing, the court shall impose a fine, if any, not to exceed the fine fixed by the jury. The defendant may waive the right to have a jury fix the fine and agree that the court fix it, in which case the court may lawfully fix the fine at any amount that the jury could have. If a plea agreement imposing a fine in excess of fifty dollars ($50.00) and the defendant's written waiver of the constitutional right to have a jury fix the fine are accepted by the court, the court may pronounce sentence, including the fine, without a jury. If the conviction is upon a guilty plea and there is no jury waiver as provided in this subsection (b), a jury shall be impaneled to fix the fine, if any, to be imposed by the court in an amount not to exceed the fine fixed by the jury.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-28-114 — TN Code / Title 40 / Chapter 28 / Section 40-28-114
Records of prisoners
Status: in_force

As each prisoner sentenced is received at a classification center within the department of correction, it will further be the duty of the probation and parole officer of the district from which the prisoner was sent to cause to be obtained and forwarded to the board a summary from the trial judge and the district attorney general containing: (1) The facts as they developed at the trial; (2) The nature of the prisoner's conviction; (3) The court in which the prisoner was sentenced; (4) The name of the trial judge; and (5) Copies of other probation reports as may have been made in order for the board to have the benefit of the reports when the prisoner becomes eligible for parole consideration or applies for executive clemency. Acts 1937, ch. 276, § 7; mod. C. Supp. 1950, § 11818.7 (Williams, § 11843.7); Acts 1961, ch. 93, § 9; modified; 1979, ch. 359, § 16; T.C.A. (orig. ed.), § 40-3611; Acts 1989, ch. 227, § 28; 1998, ch. 1049, §§ 24, 35; 2012, ch. 727, § 22.
As each prisoner sentenced is received at a classification center within the department of correction, it will further be the duty of the probation and parole officer of the district from which the prisoner was sent to cause to be obtained and forwarded to the board a summary from the trial judge and the district attorney general containing:
(1) The facts as they developed at the trial;
(2) The nature of the prisoner's conviction;
(3) The court in which the prisoner was sentenced;
(4) The name of the trial judge; and
(5) Copies of other probation reports as may have been made in order for the board to have the benefit of the reports when the prisoner becomes eligible for parole consideration or applies for executive clemency.
Acts 1937, ch. 276, § 7; mod. C. Supp. 1950, § 11818.7 (Williams, § 11843.7); Acts 1961, ch. 93, § 9; modified; 1979, ch. 359, § 16; T.C.A. (orig. ed.), § 40-3611; Acts 1989, ch. 227, § 28; 1998, ch. 1049, §§ 24, 35; 2012, ch. 727, § 22.
Tenn. Code Ann. § 40-25-143 — TN Code / Title 40 / Chapter 25 / Section 40-25-143
Collecting from inmate trust fund account
Status: in_force

(a) The department of correction shall have the authority to collect from the inmate trust fund account of any defendant in its custody those moneys necessary to satisfy any unpaid costs that have been imposed upon the defendant. (b) When the state has paid the costs in a case accruing under § 40-25-130(5) , and the defendant is in the custody of the department of correction, the department shall have the authority to collect from the inmate trust fund account of the defendant those moneys necessary to reimburse the state for the payment of the costs. Any amount so collected shall be deposited in the state general fund. Acts 2001, ch. 108, § 1.
(a) The department of correction shall have the authority to collect from the inmate trust fund account of any defendant in its custody those moneys necessary to satisfy any unpaid costs that have been imposed upon the defendant.
(b) When the state has paid the costs in a case accruing under § 40-25-130(5) , and the defendant is in the custody of the department of correction, the department shall have the authority to collect from the inmate trust fund account of the defendant those moneys necessary to reimburse the state for the payment of the costs. Any amount so collected shall be deposited in the state general fund.
Acts 2001, ch. 108, § 1.
Tenn. Code Ann. § 40-27-105 — TN Code / Title 40 / Chapter 27 / Section 40-27-105
Commutation of death penalty on application for pardon
Status: in_force

Upon application for a pardon by a person sentenced to capital punishment, if the governor is of opinion that the facts and circumstances adduced are not sufficient to warrant a total pardon, the governor may commute the punishment of death to imprisonment for life in the penitentiary. Code 1858, §§ 180, 5258 (deriv. Acts 1841-1842, ch. 55); Shan., §§ 232, 7233; Code 1932, §§ 174, 11839; T.C.A. (orig. ed.), § 40-3505.
Upon application for a pardon by a person sentenced to capital punishment, if the governor is of opinion that the facts and circumstances adduced are not sufficient to warrant a total pardon, the governor may commute the punishment of death to imprisonment for life in the penitentiary.
Code 1858, §§ 180, 5258 (deriv. Acts 1841-1842, ch. 55); Shan., §§ 232, 7233; Code 1932, §§ 174, 11839; T.C.A. (orig. ed.), § 40-3505.
Tenn. Code Ann. § 40-30-118 — TN Code / Title 40 / Chapter 30 / Section 40-30-118
Promulgation of rules
Status: in_force

The supreme court may promulgate rules of practice and procedure consistent with this part, including rules prescribing the form and contents of the petition, the preparation and filing of the record and assignments of error for simple appeal and for delayed appeal in the nature of a writ of error, and may make petition forms available for use by petitioners. The supreme court shall develop a form which shall be available without cost to a prisoner in the prison and other places of detention, and shall also be available without cost to any potential petitioner in the office of the clerk of any court of record having criminal jurisdiction. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-218.
The supreme court may promulgate rules of practice and procedure consistent with this part, including rules prescribing the form and contents of the petition, the preparation and filing of the record and assignments of error for simple appeal and for delayed appeal in the nature of a writ of error, and may make petition forms available for use by petitioners. The supreme court shall develop a form which shall be available without cost to a prisoner in the prison and other places of detention, and shall also be available without cost to any potential petitioner in the office of the clerk of any court of record having criminal jurisdiction.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-218.
Tenn. Code Ann. § 40-35-505 — TN Code / Title 40 / Chapter 35 / Section 40-35-505
Orientation to post-release or parole issues
Status: in_force

Before the release of an inmate under this chapter, the department of correction shall conduct an orientation for the inmate concerning relevant post-release or parole issues. As a part of the department's existing orientation program, the orientation shall address issues of restoration of citizenship, voting and the availability of services relating to education, employment, family and child support. Specific attention shall be given to, but not limited to, high school equivalency credentials approved by the state board of education and adult education, access to health care and health insurance, reinstatement of licenses and voting rights and food stamps. Amended by 2023 Tenn. Acts, ch. 114,s 8, eff. 7/1/2023. Acts 2004, ch. 752, § 1.
Before the release of an inmate under this chapter, the department of correction shall conduct an orientation for the inmate concerning relevant post-release or parole issues. As a part of the department's existing orientation program, the orientation shall address issues of restoration of citizenship, voting and the availability of services relating to education, employment, family and child support. Specific attention shall be given to, but not limited to, high school equivalency credentials approved by the state board of education and adult education, access to health care and health insurance, reinstatement of licenses and voting rights and food stamps.
Amended by 2023 Tenn. Acts, ch. 114,s 8, eff. 7/1/2023.
Acts 2004, ch. 752, § 1.
Tenn. Code Ann. § 40-29-106 — TN Code / Title 40 / Chapter 29 / Section 40-29-106
Explanation of procedure for restoration of citizenship rights
Status: in_force

(a) When any nonviolent offender who was convicted of an infamous crime is granted final release from incarceration or discharged from parole, probation, pretrial or judicial diversion or community correction supervision, the sentencing court, department of correction and board of parole are urged to have the official charged with processing and effectuating the person's release or discharge provide the person with information explaining the restoration of citizenship rights procedure. (b) For purposes of this section, "nonviolent offender" means a person convicted of a felony that is not defined as a "violent offense" by § 40-35-120(b) . Acts 2004, ch. 758, § 1.
(a) When any nonviolent offender who was convicted of an infamous crime is granted final release from incarceration or discharged from parole, probation, pretrial or judicial diversion or community correction supervision, the sentencing court, department of correction and board of parole are urged to have the official charged with processing and effectuating the person's release or discharge provide the person with information explaining the restoration of citizenship rights procedure.
(b) For purposes of this section, "nonviolent offender" means a person convicted of a felony that is not defined as a "violent offense" by § 40-35-120(b) .
Acts 2004, ch. 758, § 1.
Tenn. Code Ann. § 40-11-128 — TN Code / Title 40 / Chapter 11 / Section 40-11-128
Certain persons disqualified as bondsmen
Status: in_force

The following persons or classes shall not be bail bondsmen or agents of bail bondsmen or surety companies and shall not directly or indirectly receive any benefits from the execution of any bail bond: jailers, attorneys, police officers, convicted felons, committing magistrates, municipal or magistrate court judges, clerks or deputy clerks, sheriffs, deputy sheriffs and constables, and any person having the power to arrest or having anything to do with the control of federal, state, county or municipal prisoners. Acts 1978, ch. 506, § 41; T.C.A., § 40-1228.
The following persons or classes shall not be bail bondsmen or agents of bail bondsmen or surety companies and shall not directly or indirectly receive any benefits from the execution of any bail bond: jailers, attorneys, police officers, convicted felons, committing magistrates, municipal or magistrate court judges, clerks or deputy clerks, sheriffs, deputy sheriffs and constables, and any person having the power to arrest or having anything to do with the control of federal, state, county or municipal prisoners.
Acts 1978, ch. 506, § 41; T.C.A., § 40-1228.
Tenn. Code Ann. § 40-14-102 — TN Code / Title 40 / Chapter 14 / Section 40-14-102
Right to counsel
Status: in_force

Every person accused of any crime or misdemeanor whatsoever is entitled to counsel in all matters necessary for the person's defense, as well to facts as to law. Code 1858, § 5205 (deriv. Acts 1794, ch. 1, § 71); Shan., § 7169; Code 1932, § 11733; T.C.A. (orig. ed.), § 40-2002.
Every person accused of any crime or misdemeanor whatsoever is entitled to counsel in all matters necessary for the person's defense, as well to facts as to law.
Code 1858, § 5205 (deriv. Acts 1794, ch. 1, § 71); Shan., § 7169; Code 1932, § 11733; T.C.A. (orig. ed.), § 40-2002.
Tenn. Code Ann. § 40-17-207 — TN Code / Title 40 / Chapter 17 / Section 40-17-207
Certificate recommending summons of witness from another state
Status: in_force

If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of the court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure the witness' attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. Acts 1939, ch. 148, § 4; C. Supp. 1950, § 11979.4; T.C.A. (orig. ed.), § 40-2435.
If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of the court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure the witness' attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
Acts 1939, ch. 148, § 4; C. Supp. 1950, § 11979.4; T.C.A. (orig. ed.), § 40-2435.
Tenn. Code Ann. § 40-14-205 — TN Code / Title 40 / Chapter 14 / Section 40-14-205
Withdrawal of counsel - Replacement by court
Status: in_force

(a) The court may, upon good cause shown, permit an attorney appointed under this part to withdraw as counsel of record for the accused. If any attorney is permitted to withdraw, the court shall, in the manner contained in § 40-14-202 , immediately appoint another attorney in the former attorney's place. (b) The court may, upon its own motion, replace any attorney appointed under this part if the court deems replacement of the attorney necessary to preserve the rights of the accused. Acts 1965, ch. 217, §§ 7, 8; T.C.A., §§ 40-2020, 40-2021.
(a) The court may, upon good cause shown, permit an attorney appointed under this part to withdraw as counsel of record for the accused. If any attorney is permitted to withdraw, the court shall, in the manner contained in § 40-14-202 , immediately appoint another attorney in the former attorney's place.
(b) The court may, upon its own motion, replace any attorney appointed under this part if the court deems replacement of the attorney necessary to preserve the rights of the accused.
Acts 1965, ch. 217, §§ 7, 8; T.C.A., §§ 40-2020, 40-2021.
Tenn. Code Ann. § 40-16-102 — TN Code / Title 40 / Chapter 16 / Section 40-16-102
Conviction not barring prosecution for previous offenses
Status: in_force

A conviction, judgment and execution for any one (1) offense is no bar to a prosecution for any other public offense committed previously, not necessarily included in the offense for which the defendant was convicted. Code 1858, §5274; Shan., § 7250; Code 1932, § 11856; T.C.A. (orig. ed.), § 40-2306.
A conviction, judgment and execution for any one (1) offense is no bar to a prosecution for any other public offense committed previously, not necessarily included in the offense for which the defendant was convicted.
Code 1858, §5274; Shan., § 7250; Code 1932, § 11856; T.C.A. (orig. ed.), § 40-2306.
Tenn. Code Ann. § 40-3-201 — TN Code / Title 40 / Chapter 3 / Section 40-3-201
Short title
Status: in_force

This part shall be known and may be cited as the "Fraud and Economic Crimes Prosecution Act." Acts 1984, ch. 998, § 1.
This part shall be known and may be cited as the "Fraud and Economic Crimes Prosecution Act."
Acts 1984, ch. 998, § 1.
Tenn. Code Ann. § 40-31-104 — TN Code / Title 40 / Chapter 31 / Section 40-31-104
Escape from temporary custody
Status: in_force

Any prisoner released to temporary custody under the provisions of the agreement on detainers from a place of imprisonment in Tennessee who shall escape or attempt to escape from the temporary custody, whether within or without the borders of this state, shall be dealt with in the same manner as if the escape or attempt to escape were from the original place of imprisonment. Acts 1970, ch. 560, § 4; T.C.A., § 40-3904.
Any prisoner released to temporary custody under the provisions of the agreement on detainers from a place of imprisonment in Tennessee who shall escape or attempt to escape from the temporary custody, whether within or without the borders of this state, shall be dealt with in the same manner as if the escape or attempt to escape were from the original place of imprisonment.
Acts 1970, ch. 560, § 4; T.C.A., § 40-3904.
Tenn. Code Ann. § 40-11-132 — TN Code / Title 40 / Chapter 11 / Section 40-11-132
Exoneration of bail bondsman or surety by surrender of defendant
Status: in_force

At any time, the bail bondsman or surety may surrender the defendant in their exoneration or the defendant may personally surrender to the officer. Surrender by a bail bondsman or surety shall be for good cause including, but not limited to, the following: (1) The defendant has violated the contractual provisions between the defendant and the bondsman; (2) The bondsman or surety has good cause to believe the defendant will not appear as ordered by the court having jurisdiction; (3) A forfeit, conditional or final, has been rendered against the defendant; (4) The defendant has failed to appear in court either as ordered by the court or as commanded by any legal process; or (5) The defendant has been arrested while on bond. Acts 1978, ch. 506, § 28; T.C.A., § 40-1232; Acts 2001, ch. 426, §§ 3, 4.
At any time, the bail bondsman or surety may surrender the defendant in their exoneration or the defendant may personally surrender to the officer. Surrender by a bail bondsman or surety shall be for good cause including, but not limited to, the following:
(1) The defendant has violated the contractual provisions between the defendant and the bondsman;
(2) The bondsman or surety has good cause to believe the defendant will not appear as ordered by the court having jurisdiction;
(3) A forfeit, conditional or final, has been rendered against the defendant;
(4) The defendant has failed to appear in court either as ordered by the court or as commanded by any legal process; or
(5) The defendant has been arrested while on bond.
Acts 1978, ch. 506, § 28; T.C.A., § 40-1232; Acts 2001, ch. 426, §§ 3, 4.
Tenn. Code Ann. § 40-17-206 — TN Code / Title 40 / Chapter 17 / Section 40-17-206
Penalty for failure to obey summons
Status: in_force

If the witness who is summoned as provided in §§ 40-17-203 - 40-17-205, after being paid or tendered, by some properly authorized person, compensation in accordance with title 24, chapter 4 for expenses incurred for each day the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state. Acts 1939, ch. 148, § 3; C. Supp. 1950, § 11979.3; Acts 1971, ch. 119, § 1; 1979, ch. 392, § 3; T.C.A. (orig. ed.), § 40-2434.
If the witness who is summoned as provided in §§ 40-17-203 - 40-17-205, after being paid or tendered, by some properly authorized person, compensation in accordance with title 24, chapter 4 for expenses incurred for each day the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Acts 1939, ch. 148, § 3; C. Supp. 1950, § 11979.3; Acts 1971, ch. 119, § 1; 1979, ch. 392, § 3; T.C.A. (orig. ed.), § 40-2434.
Tenn. Code Ann. § 40-33-214 — TN Code / Title 40 / Chapter 33 / Section 40-33-214
Rules
Status: in_force

Any applicable agency authorized to conduct forfeiture hearings pursuant to § 39-14-307 , § 47-25-1105 , § 53-11-451 , § 55-10-414 , § 55-50-504(g) , § 57-3-411 , § 57-5-409 , § 57-9-201 , § 67-4-1020 , or § 70-6-202 may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to supplement and administer this part. However, no such rules shall be inconsistent with this part. Amended by 2013 Tenn. Acts, ch. 154,s 36, eff. 7/1/2013. Acts 1994, ch. 925, § 1; 1996, ch. 910, §§ 6, 7; 1996, ch. 959, § 5.
Any applicable agency authorized to conduct forfeiture hearings pursuant to § 39-14-307 , § 47-25-1105 , § 53-11-451 , § 55-10-414 , § 55-50-504(g) , § 57-3-411 , § 57-5-409 , § 57-9-201 , § 67-4-1020 , or § 70-6-202 may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to supplement and administer this part. However, no such rules shall be inconsistent with this part.
Amended by 2013 Tenn. Acts, ch. 154,s 36, eff. 7/1/2013.
Acts 1994, ch. 925, § 1; 1996, ch. 910, §§ 6, 7; 1996, ch. 959, § 5.
Tenn. Code Ann. § 40-15-103 — TN Code / Title 40 / Chapter 15 / Section 40-15-103
Deferring pending proceedings
Status: in_force

Upon stipulation of the parties, the court shall defer for a reasonable time any pending proceedings in the prosecution so that the procedures under §§ 40-15-102 - 40-15-105 may be pursued. Acts 1975, ch. 352, § 2; T.C.A., § 40-2106.
Upon stipulation of the parties, the court shall defer for a reasonable time any pending proceedings in the prosecution so that the procedures under §§ 40-15-102 - 40-15-105 may be pursued.
Acts 1975, ch. 352, § 2; T.C.A., § 40-2106.
Tenn. Code Ann. § 40-32-104 — TN Code / Title 40 / Chapter 32 / Section 40-32-104
Penalties
Status: in_force

Any person who violates this chapter commits a Class A misdemeanor and shall be fined not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) and imprisoned in the county jail or workhouse not less than thirty (30) days and not more than eleven (11) months and twenty-nine (29) days. Acts 1973, ch. 318, § 4; T.C.A., § 40-4004; Acts 1989, ch. 591, §§ 1, 6.
Any person who violates this chapter commits a Class A misdemeanor and shall be fined not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) and imprisoned in the county jail or workhouse not less than thirty (30) days and not more than eleven (11) months and twenty-nine (29) days.
Acts 1973, ch. 318, § 4; T.C.A., § 40-4004; Acts 1989, ch. 591, §§ 1, 6.
Tenn. Code Ann. § 40-11-121 — TN Code / Title 40 / Chapter 11 / Section 40-11-121
Judgment for fine and costs - Deposit applied to payment
Status: in_force

If a judgment for fine and court costs, or either, is entered in the prosecution of a cause in which a deposit had been made by defendant, the deposit shall be applied to the payment of the judgment. Acts 1978, ch. 506, § 21; T.C.A., § 40-1221.
If a judgment for fine and court costs, or either, is entered in the prosecution of a cause in which a deposit had been made by defendant, the deposit shall be applied to the payment of the judgment.
Acts 1978, ch. 506, § 21; T.C.A., § 40-1221.
Tenn. Code Ann. § 40-25-102 — TN Code / Title 40 / Chapter 25 / Section 40-25-102
Express authorization required
Status: in_force

Officers are entitled to no other fees in criminal cases, except those expressly provided for by law, and in no case are they entitled to payment from the state or county, unless expressly allowed. Code 1858, §5561; Shan., § 7583; Code 1932, § 12211; T.C.A. (orig. ed.), § 40-3302.
Officers are entitled to no other fees in criminal cases, except those expressly provided for by law, and in no case are they entitled to payment from the state or county, unless expressly allowed.
Code 1858, §5561; Shan., § 7583; Code 1932, § 12211; T.C.A. (orig. ed.), § 40-3302.
Tenn. Code Ann. § 40-3-104 — TN Code / Title 40 / Chapter 3 / Section 40-3-104
Actions in name of state
Status: in_force

All criminal actions are prosecuted in the name of the state of Tennessee against the party charged with the offense. Code 1858, § 4991; Shan., § 6950; Code 1932, § 11491; T.C.A. (orig. ed.), § 40-303.
All criminal actions are prosecuted in the name of the state of Tennessee against the party charged with the offense.
Code 1858, § 4991; Shan., § 6950; Code 1932, § 11491; T.C.A. (orig. ed.), § 40-303.
Tenn. Code Ann. § 40-24-104 — TN Code / Title 40 / Chapter 24 / Section 40-24-104
Nonpayment of fines
Status: in_force

(a) If the defendant fails to pay the fine as directed, or is unable to pay the fine and so represents upon application to the court, the court, after inquiring into and making further investigation, if any, which it may deem necessary with regard to the defendant's financial and family situation and the reasons for nonpayment of the fine, including whether the nonpayment was contumacious or was due to indigency, may enter any order that it could have entered under § 40-24-101 , or may reduce the fine to an amount that the defendant is able to pay, or may direct that the defendant be imprisoned until the fine, or any portion of it, remaining unpaid or remaining undischarged after a pro rata credit for any time that may already have been served in lieu of payments, is paid. The court shall determine and specify, in the light of defendant's situation and means and of defendant's conduct with regard to the nonpayment of the fine, the period of any imprisonment in default of payment of the fine within the limits of the penalties for a Class C misdemeanor. (b) Whenever a court orders a defendant to pay a fine, imposed as a result of a traffic violation, in installment payments, the court shall revoke the defendant's privilege to operate a motor vehicle in this state upon the failure of the defendant to comply with the order of the court. If the defendant's privilege to operate a motor vehicle has been revoked for the failure to comply with the court order, the privilege shall remain so revoked until the total amount of the fine imposed is paid. Acts 1972, ch. 729, § 2; T.C.A., §§ 40-3208, 40-3204; Acts 1989, ch. 591, § 113.
(a) If the defendant fails to pay the fine as directed, or is unable to pay the fine and so represents upon application to the court, the court, after inquiring into and making further investigation, if any, which it may deem necessary with regard to the defendant's financial and family situation and the reasons for nonpayment of the fine, including whether the nonpayment was contumacious or was due to indigency, may enter any order that it could have entered under § 40-24-101 , or may reduce the fine to an amount that the defendant is able to pay, or may direct that the defendant be imprisoned until the fine, or any portion of it, remaining unpaid or remaining undischarged after a pro rata credit for any time that may already have been served in lieu of payments, is paid. The court shall determine and specify, in the light of defendant's situation and means and of defendant's conduct with regard to the nonpayment of the fine, the period of any imprisonment in default of payment of the fine within the limits of the penalties for a Class C misdemeanor.
(b) Whenever a court orders a defendant to pay a fine, imposed as a result of a traffic violation, in installment payments, the court shall revoke the defendant's privilege to operate a motor vehicle in this state upon the failure of the defendant to comply with the order of the court. If the defendant's privilege to operate a motor vehicle has been revoked for the failure to comply with the court order, the privilege shall remain so revoked until the total amount of the fine imposed is paid.
Acts 1972, ch. 729, § 2; T.C.A., §§ 40-3208, 40-3204; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 40-11-104 — TN Code / Title 40 / Chapter 11 / Section 40-11-104
Authority to release defendants
Status: in_force

(a) Any magistrate may release the defendant on the defendant's own recognizance pursuant to § 40-11-115 or § 40-11-116 or admit the defendant to bail pursuant to § 40-11-117 or § 40-11-122 at any time prior to or at the time the defendant is bound over to the grand jury. The trial court may release the defendant on the defendant's own recognizance pursuant to § 40-11-115 , admit the defendant to bail under § 40-11-116 , § 40-11-117 or § 40-11-122 , or alter bail or other conditions of release pursuant to § 40-11-144 at any time prior to conviction or thereafter, except where contrary to law. (b) When a defendant has been released to appear as directed by the officer setting bail, and such defendant fails to appear as ordered, any new bail set shall be posted only pursuant to § 40-11-118 or § 40-11-122 . Acts 1978, ch. 506, § 4; T.C.A., § 40-1204; Acts 2012, ch. 994, § 1.
(a) Any magistrate may release the defendant on the defendant's own recognizance pursuant to § 40-11-115 or § 40-11-116 or admit the defendant to bail pursuant to § 40-11-117 or § 40-11-122 at any time prior to or at the time the defendant is bound over to the grand jury. The trial court may release the defendant on the defendant's own recognizance pursuant to § 40-11-115 , admit the defendant to bail under § 40-11-116 , § 40-11-117 or § 40-11-122 , or alter bail or other conditions of release pursuant to § 40-11-144 at any time prior to conviction or thereafter, except where contrary to law.
(b) When a defendant has been released to appear as directed by the officer setting bail, and such defendant fails to appear as ordered, any new bail set shall be posted only pursuant to § 40-11-118 or § 40-11-122 .
Acts 1978, ch. 506, § 4; T.C.A., § 40-1204; Acts 2012, ch. 994, § 1.
Tenn. Code Ann. § 40-20-111 — TN Code / Title 40 / Chapter 20 / Section 40-20-111
Concurrent or cumulative sentences
Status: in_force

(a) When any person has been convicted of two (2) or more offenses, judgment shall be rendered on each conviction after the first conviction; provided, that the terms of imprisonment to which the convicted person is sentenced shall run concurrently or cumulatively in the discretion of the trial judge. The exercise of the discretion of the trial judge shall be reviewable by the supreme court on appeal. (b) In any case in which a defendant commits a felony while the defendant was released on bail in accordance with chapter 11, part 1 of this title, and the defendant is convicted of both offenses, the trial judge shall not have discretion as to whether the sentences shall run concurrently or cumulatively, but shall order that the sentences be served cumulatively. Code 1858, § 5228; Shan., § 7201; Acts 1919, ch. 115, § 1; Code 1932, § 11764; Acts 1979, ch. 227, § 1; T.C.A. (orig. ed.), § 40-2711.
(a) When any person has been convicted of two (2) or more offenses, judgment shall be rendered on each conviction after the first conviction; provided, that the terms of imprisonment to which the convicted person is sentenced shall run concurrently or cumulatively in the discretion of the trial judge. The exercise of the discretion of the trial judge shall be reviewable by the supreme court on appeal.
(b) In any case in which a defendant commits a felony while the defendant was released on bail in accordance with chapter 11, part 1 of this title, and the defendant is convicted of both offenses, the trial judge shall not have discretion as to whether the sentences shall run concurrently or cumulatively, but shall order that the sentences be served cumulatively.
Code 1858, § 5228; Shan., § 7201; Acts 1919, ch. 115, § 1; Code 1932, § 11764; Acts 1979, ch. 227, § 1; T.C.A. (orig. ed.), § 40-2711.
Tenn. Code Ann. § 40-19-102 — TN Code / Title 40 / Chapter 19 / Section 40-19-102
Forfeiture of fees by clerk
Status: in_force

Any clerk of a circuit or criminal court who is guilty of any neglect or omission as stated in § 40-19-101 shall forfeit all tax fees and costs to which the clerk would otherwise be entitled. Code 1858, § 5243 (deriv. Acts 1851-1852, ch. 256, § 6); Shan., §7218; Code 1932, § 11804; T.C.A. (orig. ed.), § 40-2602.
Any clerk of a circuit or criminal court who is guilty of any neglect or omission as stated in § 40-19-101 shall forfeit all tax fees and costs to which the clerk would otherwise be entitled.
Code 1858, § 5243 (deriv. Acts 1851-1852, ch. 256, § 6); Shan., §7218; Code 1932, § 11804; T.C.A. (orig. ed.), § 40-2602.
Tenn. Code Ann. § 40-22-107 — TN Code / Title 40 / Chapter 22 / Section 40-22-107
Entry of pardon or parole - Discharge of bond
Status: in_force

Should the prisoner be pardoned or paroled, it shall then be the duty of the court to show the facts by proper decree and discharge the bond taken for the appearance of the prisoner as provided for in § 40-22-105 . Acts 1915, ch. 135, § 2; Shan., § 7230a6; Code 1932, § 11826; T.C.A. (orig. ed.), § 40-3007.
Should the prisoner be pardoned or paroled, it shall then be the duty of the court to show the facts by proper decree and discharge the bond taken for the appearance of the prisoner as provided for in § 40-22-105 .
Acts 1915, ch. 135, § 2; Shan., § 7230a6; Code 1932, § 11826; T.C.A. (orig. ed.), § 40-3007.
Tenn. Code Ann. § 40-29-205 — TN Code / Title 40 / Chapter 29 / Section 40-29-205
Certificate of voting rights restoration form
Status: in_force

The coordinator of elections shall prepare a certificate of voting rights restoration form and the written statement explaining the form and the procedure by which a person can apply for a voter registration card and become eligible to vote as required by this part. The coordinator shall be responsible for printing and distributing a sufficient number of the forms to the department of correction, the board of parole and any other authority that may discharge a person to whom this part applies. Acts 2006, ch. 860, § 1.
The coordinator of elections shall prepare a certificate of voting rights restoration form and the written statement explaining the form and the procedure by which a person can apply for a voter registration card and become eligible to vote as required by this part. The coordinator shall be responsible for printing and distributing a sufficient number of the forms to the department of correction, the board of parole and any other authority that may discharge a person to whom this part applies.
Acts 2006, ch. 860, § 1.
Tenn. Code Ann. § 40-39-209 — TN Code / Title 40 / Chapter 39 / Section 40-39-209
Removing records from SOR
Status: in_force

Except as otherwise provided in § 40-39-207(a)-(d) , no record shall be removed from the SOR, unless ordered by a court of competent jurisdiction as part of an expunction order pursuant to § 40-32-101 , so long as the offense is eligible for expunction under § 40-32-101 . Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2008, ch. 1164, § 9.
Except as otherwise provided in § 40-39-207(a)-(d) , no record shall be removed from the SOR, unless ordered by a court of competent jurisdiction as part of an expunction order pursuant to § 40-32-101 , so long as the offense is eligible for expunction under § 40-32-101 .
Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2008, ch. 1164, § 9.
Tenn. Code Ann. § 40-17-212 — TN Code / Title 40 / Chapter 17 / Section 40-17-212
Request for attendance of federal prisoner as witness in state criminal proceedings
Status: in_force

(a) When a criminal action is pending in a court of record of this state by reason of the filing of an indictment or presentment or by reason of the commencement of a grand jury proceeding or investigation, if: (1) There is reasonable cause to believe that a person confined in a federal prison or other federal custody, either within or outside this state, possesses information material to criminal action; and (2) The attendance of the person as a witness in the action is desired by a party; the court may issue a certificate, known as a writ of habeas corpus ad testificandum, addressed to the attorney general of the United States certifying all such facts and requesting the attorney general to cause the attendance of the person as a witness in that court for a specified number of days. (b) The certificate may be issued upon application of either the state or defendant demonstrating all the facts specified in this section. (c) Upon issuing the certificate, the court shall deliver it, or cause or authorize it to be delivered, to the attorney general or to the attorney general's representative authorized to entertain the request. Acts 1990, ch. 697, § 1.
(a) When a criminal action is pending in a court of record of this state by reason of the filing of an indictment or presentment or by reason of the commencement of a grand jury proceeding or investigation, if: (1) There is reasonable cause to believe that a person confined in a federal prison or other federal custody, either within or outside this state, possesses information material to criminal action; and (2) The attendance of the person as a witness in the action is desired by a party; the court may issue a certificate, known as a writ of habeas corpus ad testificandum, addressed to the attorney general of the United States certifying all such facts and requesting the attorney general to cause the attendance of the person as a witness in that court for a specified number of days.
(1) There is reasonable cause to believe that a person confined in a federal prison or other federal custody, either within or outside this state, possesses information material to criminal action; and
(2) The attendance of the person as a witness in the action is desired by a party; the court may issue a certificate, known as a writ of habeas corpus ad testificandum, addressed to the attorney general of the United States certifying all such facts and requesting the attorney general to cause the attendance of the person as a witness in that court for a specified number of days.
the court may issue a certificate, known as a writ of habeas corpus ad testificandum, addressed to the attorney general of the United States certifying all such facts and requesting the attorney general to cause the attendance of the person as a witness in that court for a specified number of days.
(b) The certificate may be issued upon application of either the state or defendant demonstrating all the facts specified in this section.
(c) Upon issuing the certificate, the court shall deliver it, or cause or authorize it to be delivered, to the attorney general or to the attorney general's representative authorized to entertain the request.
Acts 1990, ch. 697, § 1.
Tenn. Code Ann. § 40-22-116 — TN Code / Title 40 / Chapter 22 / Section 40-22-116
Entry of parole or pardon
Status: in_force

The judge of the court, in either case, shall cause to be made a minute entry in the judge's court, reciting the facts and discharging the prisoner, if pardoned, and if paroled, reciting the conditions of the parole and the length of the parole. Acts 1915, ch. 135, § 3; Shan., § 7230a12; Code 1932, § 11832; T.C.A. (orig. ed.), § 40-3017.
The judge of the court, in either case, shall cause to be made a minute entry in the judge's court, reciting the facts and discharging the prisoner, if pardoned, and if paroled, reciting the conditions of the parole and the length of the parole.
Acts 1915, ch. 135, § 3; Shan., § 7230a12; Code 1932, § 11832; T.C.A. (orig. ed.), § 40-3017.
Tenn. Code Ann. § 40-33-110 — TN Code / Title 40 / Chapter 33 / Section 40-33-110
Disposition of forfeited conveyance or proceeds of sale of forfeited conveyance
Status: in_force

(a) Disposition of a forfeited conveyance or proceeds of goods seized under this part shall inure to the benefit of the county in which the goods were seized for enforcement of this part if the goods were seized by county law enforcement officers, or to the municipality in which they were seized if the goods were seized by municipal law enforcement officers, or to the university employing the campus police officers if the goods were seized by campus police officers as defined in § 49-7-118 , or to the department of correction if the goods were seized by the internal affairs director or an internal affairs special agent of the department of correction; provided, that the forfeited conveyance or the funds derived from the confiscated goods shall go to the law enforcement agency that seized the conveyance and shall be used exclusively for law enforcement purposes by the county or municipality or university or department of correction; provided further, that, if the law enforcement agency retains a forfeited conveyance, any liens that are filed against the forfeited conveyance shall be satisfied by the law enforcement agency that retains the conveyance. (b) In all other cases, the proceeds shall be transmitted to the state treasurer and deposited in the state treasury. Upon application of the commissioner of safety, the proceeds, or any part of the proceeds, may be allocated by the director of the budget to the department of safety as expendable receipts for use in the enforcement of this part. (c) All proceeds resulting from actions of the Tennessee bureau of investigation or awarded to it in a division of funds shall be paid to the state treasurer to be used only for bureau purposes as appropriated by the general assembly. Acts 1977, ch. 81, § 5; 1978, ch. 870, §§ 1, 2; 1981, ch. 365, § 1; 1981, ch. 512, § 7; T.C.A., § 40-4110; Acts 1986, ch. 613, § 4; 2007, ch. 106, § 4; 2010, ch. 1040, § 4.
(a) Disposition of a forfeited conveyance or proceeds of goods seized under this part shall inure to the benefit of the county in which the goods were seized for enforcement of this part if the goods were seized by county law enforcement officers, or to the municipality in which they were seized if the goods were seized by municipal law enforcement officers, or to the university employing the campus police officers if the goods were seized by campus police officers as defined in § 49-7-118 , or to the department of correction if the goods were seized by the internal affairs director or an internal affairs special agent of the department of correction; provided, that the forfeited conveyance or the funds derived from the confiscated goods shall go to the law enforcement agency that seized the conveyance and shall be used exclusively for law enforcement purposes by the county or municipality or university or department of correction; provided further, that, if the law enforcement agency retains a forfeited conveyance, any liens that are filed against the forfeited conveyance shall be satisfied by the law enforcement agency that retains the conveyance.
(b) In all other cases, the proceeds shall be transmitted to the state treasurer and deposited in the state treasury. Upon application of the commissioner of safety, the proceeds, or any part of the proceeds, may be allocated by the director of the budget to the department of safety as expendable receipts for use in the enforcement of this part.
(c) All proceeds resulting from actions of the Tennessee bureau of investigation or awarded to it in a division of funds shall be paid to the state treasurer to be used only for bureau purposes as appropriated by the general assembly.
Acts 1977, ch. 81, § 5; 1978, ch. 870, §§ 1, 2; 1981, ch. 365, § 1; 1981, ch. 512, § 7; T.C.A., § 40-4110; Acts 1986, ch. 613, § 4; 2007, ch. 106, § 4; 2010, ch. 1040, § 4.
Tenn. Code Ann. § 40-33-215 — TN Code / Title 40 / Chapter 33 / Section 40-33-215
Cause of action against seizing authority in cases of bad faith
Status: in_force

(a) A person who has property seized in accordance with this part shall have a cause of action against the seizing agency if the seizing officer acted in bad faith in seizing or failing to return property seized pursuant to this part. (b) A person who prevails in an action against a seizing agency pursuant to this section shall be entitled to: (1) Reasonable attorney fees and court costs necessarily incurred in seeking the return of the seized property and in bringing the action pursuant to this section; and (2) Monetary damages resulting from the improper seizure of the property. (c) Monetary damages recoverable under this section shall be limited to the rental value of property similar to that which was seized for the period of time it was seized but in no event shall the damages exceed the value of the seized property. (d) For the purposes of this section, a seizing officer "acts in bad faith" when the officer acts intentionally, dishonestly, or willfully or the officer's actions have no reasonable basis in law or fact in regards to the seizure or failure to return the property seized. Acts 1998, ch. 1070, § 4; 1999, ch. 124, § 3.
(a) A person who has property seized in accordance with this part shall have a cause of action against the seizing agency if the seizing officer acted in bad faith in seizing or failing to return property seized pursuant to this part.
(b) A person who prevails in an action against a seizing agency pursuant to this section shall be entitled to: (1) Reasonable attorney fees and court costs necessarily incurred in seeking the return of the seized property and in bringing the action pursuant to this section; and (2) Monetary damages resulting from the improper seizure of the property.
(1) Reasonable attorney fees and court costs necessarily incurred in seeking the return of the seized property and in bringing the action pursuant to this section; and
(2) Monetary damages resulting from the improper seizure of the property.
(c) Monetary damages recoverable under this section shall be limited to the rental value of property similar to that which was seized for the period of time it was seized but in no event shall the damages exceed the value of the seized property.
(d) For the purposes of this section, a seizing officer "acts in bad faith" when the officer acts intentionally, dishonestly, or willfully or the officer's actions have no reasonable basis in law or fact in regards to the seizure or failure to return the property seized.
Acts 1998, ch. 1070, § 4; 1999, ch. 124, § 3.
Tenn. Code Ann. § 40-25-128 — TN Code / Title 40 / Chapter 25 / Section 40-25-128
Taxing prosecutor where defendant has made settlement
Status: in_force

In all cases of embezzlement and fraudulent breach of trust, where it appears to the court that the defendant has made settlement before the time of trial, and the prosecutor fails to attend and prosecute, the court shall tax the prosecutor with all costs of the case. Acts 1903, ch. 300, § 1; Shan., § 7613a1; Code 1932, § 12242; T.C.A. (orig. ed.), § 40-3330.
In all cases of embezzlement and fraudulent breach of trust, where it appears to the court that the defendant has made settlement before the time of trial, and the prosecutor fails to attend and prosecute, the court shall tax the prosecutor with all costs of the case.
Acts 1903, ch. 300, § 1; Shan., § 7613a1; Code 1932, § 12242; T.C.A. (orig. ed.), § 40-3330.
Tenn. Code Ann. § 40-38-104 — TN Code / Title 40 / Chapter 38 / Section 40-38-104
Death of child or primary wage earner - Compensation - Preferences
Status: in_force

(a) If a child is the victim of a homicide not committed by the parents, the parents of the child shall be able to apply to the criminal injuries compensation fund for reimbursement to the parents for expenses incurred in obtaining necessary grief counseling. (b) All vocational schools and technical institutes operated by the board of regents shall, if there are limitations as to the number of persons who may be admitted to a particular school or institute or in a particular class or program, give preference in making the admissions to victims of violent crime. For purposes of this subsection (b), "victim" means the person who will become the primary wage earner in the victim's family if the victim was the primary wage earner and the crime resulted in the victim's death or permanent disability. Acts 1990, ch. 957, § 4; 1993, ch. 527, § 4.
(a) If a child is the victim of a homicide not committed by the parents, the parents of the child shall be able to apply to the criminal injuries compensation fund for reimbursement to the parents for expenses incurred in obtaining necessary grief counseling.
(b) All vocational schools and technical institutes operated by the board of regents shall, if there are limitations as to the number of persons who may be admitted to a particular school or institute or in a particular class or program, give preference in making the admissions to victims of violent crime. For purposes of this subsection (b), "victim" means the person who will become the primary wage earner in the victim's family if the victim was the primary wage earner and the crime resulted in the victim's death or permanent disability.
Acts 1990, ch. 957, § 4; 1993, ch. 527, § 4.
Tenn. Code Ann. § 40-1-108 — TN Code / Title 40 / Chapter 1 / Section 40-1-108
Original jurisdiction of circuit and criminal courts
Status: in_force

The circuit and criminal courts have original jurisdiction of all criminal matters not exclusively conferred by law on some other tribunal. Code 1858, §4967; Shan., § 6928; Code 1932, § 11467; T.C.A. (orig. ed.), § 40-116.
The circuit and criminal courts have original jurisdiction of all criminal matters not exclusively conferred by law on some other tribunal.
Code 1858, §4967; Shan., § 6928; Code 1932, § 11467; T.C.A. (orig. ed.), § 40-116.