Tenn. Code Ann. § 40-28-610 — TN Code / Title 40 / Chapter 28 / Section 40-28-610
Special alternative incarceration
Status: in_force

(a) In addition to any other terms or conditions of probation, the trial judge may provide that probationers sentenced to a period of time of not less than one (1) year nor more than six (6) years on probation as a condition of probation must satisfactorily complete a program of incarceration in a special alternative incarceration unit of the department for a period of ninety (90) days from the time of initial incarceration in the unit. Notwithstanding any other provision of the law to the contrary, these probationers shall not be entitled to have their time in the special alternative incarceration unit reduced by sentence credits of any sort. (b) Before a court can place this condition upon the sentence, the director of probation and parole must certify to the sentencing court that the probationer is qualified for the treatment in that the individual is not physically or mentally handicapped in a way that would prevent the individual from strenuous physical activity, that the individual has no obvious contagious diseases, that the individual is not less than seventeen (17) years of age nor more than twenty-five (25) years of age at the time of sentencing, and that the department has approved the placement of the individual in the special alternative incarceration unit. (c) In every case where an individual is sentenced under the terms of this section, the clerk of the sentencing court shall, within five (5) working days, mail to the department a certified copy of the sentence and indictment, a personal history statement, and an affidavit of the custodian provided by the sheriff of the county. (d) The department will arrange with the sheriff's office in the county of incarceration to have the individual delivered to the designated facility within a specific date not less than fifteen (15) days after receipt by the department of the documents provided by the clerk of the court under this section. (e) At any time during the individual's incarceration in the unit, but at least five (5) days prior to the individual's expected date of release, the department will certify to the trial court whether the individual has satisfactorily completed this condition of probation. (f) Upon the receipt of a satisfactory report of performance in the program from the department, the trial court shall release the individual from confinement in the special alternative incarceration unit. However, the receipt of an unsatisfactory report will be grounds for revocation of the probated sentence as would any other violation of a condition or term of probation. (g) This section shall be subject to funding availability and availability of a suitable facility within the department. (h) Nothing in this section shall be construed to limit the current authority of a trial judge to sentence a defendant to an initial period of incarceration at a jail or workhouse as a condition of probation in accordance with the Criminal Sentencing Reform Act of 1982 [repealed] or the Criminal Sentencing Reform Act of 1989, when applicable, compiled in chapter 35 of this title, or in conjunction with a community-based program in accordance with the Tennessee Community Corrections Act of 1985, compiled in chapter 36 of this title. Acts 2012, ch. 727, § 43.
(a) In addition to any other terms or conditions of probation, the trial judge may provide that probationers sentenced to a period of time of not less than one (1) year nor more than six (6) years on probation as a condition of probation must satisfactorily complete a program of incarceration in a special alternative incarceration unit of the department for a period of ninety (90) days from the time of initial incarceration in the unit. Notwithstanding any other provision of the law to the contrary, these probationers shall not be entitled to have their time in the special alternative incarceration unit reduced by sentence credits of any sort.
(b) Before a court can place this condition upon the sentence, the director of probation and parole must certify to the sentencing court that the probationer is qualified for the treatment in that the individual is not physically or mentally handicapped in a way that would prevent the individual from strenuous physical activity, that the individual has no obvious contagious diseases, that the individual is not less than seventeen (17) years of age nor more than twenty-five (25) years of age at the time of sentencing, and that the department has approved the placement of the individual in the special alternative incarceration unit.
(c) In every case where an individual is sentenced under the terms of this section, the clerk of the sentencing court shall, within five (5) working days, mail to the department a certified copy of the sentence and indictment, a personal history statement, and an affidavit of the custodian provided by the sheriff of the county.
(d) The department will arrange with the sheriff's office in the county of incarceration to have the individual delivered to the designated facility within a specific date not less than fifteen (15) days after receipt by the department of the documents provided by the clerk of the court under this section.
(e) At any time during the individual's incarceration in the unit, but at least five (5) days prior to the individual's expected date of release, the department will certify to the trial court whether the individual has satisfactorily completed this condition of probation.
(f) Upon the receipt of a satisfactory report of performance in the program from the department, the trial court shall release the individual from confinement in the special alternative incarceration unit. However, the receipt of an unsatisfactory report will be grounds for revocation of the probated sentence as would any other violation of a condition or term of probation.
(g) This section shall be subject to funding availability and availability of a suitable facility within the department.
(h) Nothing in this section shall be construed to limit the current authority of a trial judge to sentence a defendant to an initial period of incarceration at a jail or workhouse as a condition of probation in accordance with the Criminal Sentencing Reform Act of 1982 [repealed] or the Criminal Sentencing Reform Act of 1989, when applicable, compiled in chapter 35 of this title, or in conjunction with a community-based program in accordance with the Tennessee Community Corrections Act of 1985, compiled in chapter 36 of this title.
Acts 2012, ch. 727, § 43.
Tenn. Code Ann. § 40-38-107 — TN Code / Title 40 / Chapter 38 / Section 40-38-107
Communication of rights and resources to victim
Status: in_force

(a) The state treasurer, in consultation with the executive director of the district attorneys general conference, shall prepare and distribute to each district attorney general a booklet, pamphlet, brochure, handout or other publication that sets forth all of the provisions of this chapter and a summary of any other provision of law or regulation that pertains to victims or that would be of assistance to victims. It is the duty of the office of district attorney general to deliver free of charge to each victim, assisted by the victim-witness coordinator, a copy of the publication setting out the provisions of this chapter and other pertinent provisions. (b) It also is the duty of the appropriate victim-witness coordinator to distribute to the victim a listing of all appropriate referral services that are available in that particular area to victims of crime. Acts 1990, ch. 957, § 7.
(a) The state treasurer, in consultation with the executive director of the district attorneys general conference, shall prepare and distribute to each district attorney general a booklet, pamphlet, brochure, handout or other publication that sets forth all of the provisions of this chapter and a summary of any other provision of law or regulation that pertains to victims or that would be of assistance to victims. It is the duty of the office of district attorney general to deliver free of charge to each victim, assisted by the victim-witness coordinator, a copy of the publication setting out the provisions of this chapter and other pertinent provisions.
(b) It also is the duty of the appropriate victim-witness coordinator to distribute to the victim a listing of all appropriate referral services that are available in that particular area to victims of crime.
Acts 1990, ch. 957, § 7.
Tenn. Code Ann. § 40-30-410 — TN Code / Title 40 / Chapter 30 / Section 40-30-410
Laboratory selection
Status: in_force

If the court orders analysis, the court must select the laboratory used by the original investigating agency if the laboratory is capable of performing the required analysis. If the laboratory used by the original investigating agency is not capable of performing the required analysis, the court shall select a laboratory that the court deems appropriate. Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
If the court orders analysis, the court must select the laboratory used by the original investigating agency if the laboratory is capable of performing the required analysis. If the laboratory used by the original investigating agency is not capable of performing the required analysis, the court shall select a laboratory that the court deems appropriate.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 40-7-117 — TN Code / Title 40 / Chapter 7 / Section 40-7-117
Theft of property valued at more than $500 in retail or wholesale establishments - Arrest by peace officer without warrant
Status: in_force

Any peace officer may arrest without warrant any person the officer has probable cause for believing has committed theft of property with a value of more than five hundred dollars ($500) in retail or wholesale establishments. "Probable cause," as used in this section, includes, but is not limited to, the statement of a merchant containing facts and circumstances demonstrating that the officer relied on the elements enumerated in § 40-7-116(b) . Acts 1957, ch. 164, § 2; T.C.A., § 40-825; Acts 1983, ch. 326, § 3; 1990, ch. 1030, § 18.
Any peace officer may arrest without warrant any person the officer has probable cause for believing has committed theft of property with a value of more than five hundred dollars ($500) in retail or wholesale establishments. "Probable cause," as used in this section, includes, but is not limited to, the statement of a merchant containing facts and circumstances demonstrating that the officer relied on the elements enumerated in § 40-7-116(b) .
Acts 1957, ch. 164, § 2; T.C.A., § 40-825; Acts 1983, ch. 326, § 3; 1990, ch. 1030, § 18.
Tenn. Code Ann. § 40-35-504 — TN Code / Title 40 / Chapter 35 / Section 40-35-504
Release classification status programs - Parole - Penalty for violation of parole
Status: in_force

(a) When the board of parole determines that an eligible inmate should be granted parole, the inmate may be placed on supervised parole under the prescribed conditions and in accordance with § 40-28-118 . If it is determined that an eligible inmate should not be granted parole, the board shall thereupon inform the inmate, in writing, of the date the inmate will be reconsidered for parole. (b) A defendant convicted of a felony who has been admitted to parole shall be supervised by the department of correction and shall make periodic reports to an assigned parole officer for not less than one (1) year. Thereafter, the defendant may be relieved from making any further periodic reports if the parole officer, with the consent of the director of probation and parole, determines that: (1) The defendant has abided by the terms of parole in a satisfactory manner; (2) There is a reasonable likelihood that the defendant will remain at liberty without violating the law; and (3) Relief from further periodic reporting is not incompatible with the welfare of society. (c) A defendant relieved from reporting shall still be considered to be within the jurisdiction of the board and the department of correction or the local jail or workhouse authorities and shall be subject to termination of parole status for the remainder of the sentence originally imposed. The director of probation and parole may reinstitute required periodic reporting at any time. (d) A defendant who violates the terms of parole is subject to the terms of §§ 40-28-121 - 40-28-123, which shall govern the termination of parole. (e) If a defendant who has been placed on parole is convicted of a felony committed while on parole, the board, in its discretion, may revoke the defendant's parole and require the defendant to serve the remainder of the sentence originally imposed, or a portion of the original sentence as the board may determine, before the defendant begins serving the sentence for the crime committed while on parole. (f) Upon revocation of supervised or unsupervised parole by the board under subsection (d) or (e), the time a defendant spent on parole shall not be considered as service of the sentence unless the board determines to grant all or part of the time to the defendant. Acts 1989, ch. 591, § 6; 2012 , ch. 727, § 59.
(a) When the board of parole determines that an eligible inmate should be granted parole, the inmate may be placed on supervised parole under the prescribed conditions and in accordance with § 40-28-118 . If it is determined that an eligible inmate should not be granted parole, the board shall thereupon inform the inmate, in writing, of the date the inmate will be reconsidered for parole.
(b) A defendant convicted of a felony who has been admitted to parole shall be supervised by the department of correction and shall make periodic reports to an assigned parole officer for not less than one (1) year. Thereafter, the defendant may be relieved from making any further periodic reports if the parole officer, with the consent of the director of probation and parole, determines that: (1) The defendant has abided by the terms of parole in a satisfactory manner; (2) There is a reasonable likelihood that the defendant will remain at liberty without violating the law; and (3) Relief from further periodic reporting is not incompatible with the welfare of society.
(1) The defendant has abided by the terms of parole in a satisfactory manner;
(2) There is a reasonable likelihood that the defendant will remain at liberty without violating the law; and
(3) Relief from further periodic reporting is not incompatible with the welfare of society.
(c) A defendant relieved from reporting shall still be considered to be within the jurisdiction of the board and the department of correction or the local jail or workhouse authorities and shall be subject to termination of parole status for the remainder of the sentence originally imposed. The director of probation and parole may reinstitute required periodic reporting at any time.
(d) A defendant who violates the terms of parole is subject to the terms of §§ 40-28-121 - 40-28-123, which shall govern the termination of parole.
(e) If a defendant who has been placed on parole is convicted of a felony committed while on parole, the board, in its discretion, may revoke the defendant's parole and require the defendant to serve the remainder of the sentence originally imposed, or a portion of the original sentence as the board may determine, before the defendant begins serving the sentence for the crime committed while on parole.
(f) Upon revocation of supervised or unsupervised parole by the board under subsection (d) or (e), the time a defendant spent on parole shall not be considered as service of the sentence unless the board determines to grant all or part of the time to the defendant.
Acts 1989, ch. 591, § 6; 2012 , ch. 727, § 59.
Tenn. Code Ann. § 40-2-104 — TN Code / Title 40 / Chapter 2 / Section 40-2-104
Commencement of prosecution
Status: in_force

A prosecution is commenced, within the meaning of this chapter, by finding an indictment or presentment, the issuing of a warrant, the issuing of a juvenile petition alleging a delinquent act, binding over the offender, by the filing of an information as provided for in chapter 3 of this title, or by making an appearance in person or through counsel in general sessions or any municipal court for the purpose of continuing the matter or any other appearance in either court for any purpose involving the offense. A prosecution is also commenced, within the meaning of this chapter, by finding an indictment or presentment or the issuing of a warrant identifying the offender by a deoxyribonucleic acid (DNA) profile. Amended by 2013 Tenn. Acts, ch. 205, s 1, eff. 7/1/2013. Code 1858, §4987; Shan., § 6946; mod. Code 1932, § 11485; Acts 1975, ch. 258, § 4; 1977, ch. 179, §§ 1, 2; T.C.A. (orig. ed.), §40-206; Acts 2007 , ch. 4, § 1.
A prosecution is commenced, within the meaning of this chapter, by finding an indictment or presentment, the issuing of a warrant, the issuing of a juvenile petition alleging a delinquent act, binding over the offender, by the filing of an information as provided for in chapter 3 of this title, or by making an appearance in person or through counsel in general sessions or any municipal court for the purpose of continuing the matter or any other appearance in either court for any purpose involving the offense. A prosecution is also commenced, within the meaning of this chapter, by finding an indictment or presentment or the issuing of a warrant identifying the offender by a deoxyribonucleic acid (DNA) profile.
Amended by 2013 Tenn. Acts, ch. 205, s 1, eff. 7/1/2013.
Code 1858, §4987; Shan., § 6946; mod. Code 1932, § 11485; Acts 1975, ch. 258, § 4; 1977, ch. 179, §§ 1, 2; T.C.A. (orig. ed.), §40-206; Acts 2007 , ch. 4, § 1.
Tenn. Code Ann. § 40-18-106 — TN Code / Title 40 / Chapter 18 / Section 40-18-106
Jurors sworn together
Status: in_force

In impaneling a jury for the trial of any felony, the court shall not swear any of the jurors until the whole number is selected for a jury. Code 1858, § 5215 (deriv. Acts 1817, ch. 171 (172 in Scott's Revisal), § 6); Shan., § 7184; Code 1932, § 11748; T.C.A. (orig. ed.), § 40-2511.
In impaneling a jury for the trial of any felony, the court shall not swear any of the jurors until the whole number is selected for a jury.
Code 1858, § 5215 (deriv. Acts 1817, ch. 171 (172 in Scott's Revisal), § 6); Shan., § 7184; Code 1932, § 11748; T.C.A. (orig. ed.), § 40-2511.
Tenn. Code Ann. § 40-11-136 — TN Code / Title 40 / Chapter 11 / Section 40-11-136
Surrender to sheriff
Status: in_force

The surrender shall be made to the sheriff of the county in which the defendant is bound to answer for the offense, whether by change of venue or otherwise, and the sheriff is not bound to accept the surrender unless made at the place of holding the court in that county, or at the county jail. Acts 1978, ch. 506, § 30; T.C.A., § 40-1236; 2006, ch. 745, § 1.
The surrender shall be made to the sheriff of the county in which the defendant is bound to answer for the offense, whether by change of venue or otherwise, and the sheriff is not bound to accept the surrender unless made at the place of holding the court in that county, or at the county jail.
Acts 1978, ch. 506, § 30; T.C.A., § 40-1236; 2006, ch. 745, § 1.
Tenn. Code Ann. § 40-35-106 — TN Code / Title 40 / Chapter 35 / Section 40-35-106
Multiple offender
Status: in_force

(a) A multiple offender is a defendant who has received: (1) A minimum of two (2) but not more than four (4) prior felony convictions within the conviction class, a higher class, or within the next two (2) lower felony classes, where applicable; or (2) One (1) Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony. (b) In determining the number of prior convictions a defendant has received: (1) "Prior conviction" means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced; (2) All prior felony convictions, including those occurring prior to November 1, 1989, are included; (3) (A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions, shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court; (B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions; (4) Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims, or convictions for the offense of aggravated burglary under § 39-13-1003 , convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and (5) Prior convictions include convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given. (c) A defendant who is found by the court beyond a reasonable doubt to be a multiple offender shall receive a sentence within Range II. (d) The finding that a defendant is or is not a multiple offender is appealable by either party. Amended by 2021 Tenn. Acts, ch. 545, s 10, eff. 7/1/2021. Acts 1989, ch. 591, § 6; 2005, ch. 353, § 2; 2009 , ch. 603, § 1; 2010 , ch. 861, § 1.
(a) A multiple offender is a defendant who has received: (1) A minimum of two (2) but not more than four (4) prior felony convictions within the conviction class, a higher class, or within the next two (2) lower felony classes, where applicable; or (2) One (1) Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony.
(1) A minimum of two (2) but not more than four (4) prior felony convictions within the conviction class, a higher class, or within the next two (2) lower felony classes, where applicable; or
(2) One (1) Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony.
(b) In determining the number of prior convictions a defendant has received: (1) "Prior conviction" means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced; (2) All prior felony convictions, including those occurring prior to November 1, 1989, are included; (3) (A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions, shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court; (B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions; (4) Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims, or convictions for the offense of aggravated burglary under § 39-13-1003 , convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and (5) Prior convictions include convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given.
(1) "Prior conviction" means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced;
(2) All prior felony convictions, including those occurring prior to November 1, 1989, are included;
(3) (A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions, shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court; (B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions;
(A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions, shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court;
(B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions;
(4) Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims, or convictions for the offense of aggravated burglary under § 39-13-1003 , convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and
(5) Prior convictions include convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given.
(c) A defendant who is found by the court beyond a reasonable doubt to be a multiple offender shall receive a sentence within Range II.
(d) The finding that a defendant is or is not a multiple offender is appealable by either party.
Amended by 2021 Tenn. Acts, ch. 545, s 10, eff. 7/1/2021.
Acts 1989, ch. 591, § 6; 2005, ch. 353, § 2; 2009 , ch. 603, § 1; 2010 , ch. 861, § 1.
Tenn. Code Ann. § 40-23-101 — TN Code / Title 40 / Chapter 23 / Section 40-23-101
Commencement of sentence - Credit for pretrial detention and jail time pending appeal
Status: in_force

(a) When a person is sentenced to imprisonment, the judgment of the court shall be rendered so that the sentence shall commence on the day on which the defendant legally comes into the custody of the sheriff for execution of the judgment of imprisonment. (b) (1) This section shall not apply in a case where, after the rendition of the judgment of imprisonment, an execution of the judgment is stayed by appeal or otherwise. (2) This section shall not interfere with the operation of the statute requiring sheriffs in whose custody defendants come for execution of judgments of imprisonment to commit those defendants as soon as possible to jail or to the warden of the penitentiary. (c) The trial court shall, at the time the sentence is imposed and the defendant is committed to jail, the workhouse or the state penitentiary for imprisonment, render the judgment of the court so as to allow the defendant credit on the sentence for any period of time for which the defendant was committed and held in the city jail or juvenile court detention prior to waiver of juvenile court jurisdiction, or county jail or workhouse, pending arraignment and trial. The defendant shall also receive credit on the sentence for the time served in the jail, workhouse or penitentiary subsequent to any conviction arising out of the original offense for which the defendant was tried. (d) In the event the person sentenced appeals the cause to the supreme court and is required to spend time in jail pending the appeal, the supreme court may modify the original sentence allowing a reduction for the time spent in jail pending an appeal upon a petition being filed in the defendant's behalf setting out the time spent in jail within five (5) days after the announcement of the supreme court decision; provided, that the facts alleged in the petition are verified by the clerk of the court where the sentence was imposed. This section applies in both felony and misdemeanor cases. (e) A certified copy of the order modifying the original sentence in each case shall be forwarded by the clerk of the supreme court to the warden of the state penitentiary. Acts 1919, ch. 67, § 1; Shan. Supp., § 7242a1; Code 1932, §11849; Acts 1955, ch. 303, § 1; 1959, ch. 13, § 1; 1963, ch. 32, § 1, 1965, ch. 145, § 1; 1974, ch. 639, § 1; 1976, ch. 664, § 1; T.C.A. (orig. ed.), § 40-3102.
(a) When a person is sentenced to imprisonment, the judgment of the court shall be rendered so that the sentence shall commence on the day on which the defendant legally comes into the custody of the sheriff for execution of the judgment of imprisonment.
(b) (1) This section shall not apply in a case where, after the rendition of the judgment of imprisonment, an execution of the judgment is stayed by appeal or otherwise. (2) This section shall not interfere with the operation of the statute requiring sheriffs in whose custody defendants come for execution of judgments of imprisonment to commit those defendants as soon as possible to jail or to the warden of the penitentiary.
(1) This section shall not apply in a case where, after the rendition of the judgment of imprisonment, an execution of the judgment is stayed by appeal or otherwise.
(2) This section shall not interfere with the operation of the statute requiring sheriffs in whose custody defendants come for execution of judgments of imprisonment to commit those defendants as soon as possible to jail or to the warden of the penitentiary.
(c) The trial court shall, at the time the sentence is imposed and the defendant is committed to jail, the workhouse or the state penitentiary for imprisonment, render the judgment of the court so as to allow the defendant credit on the sentence for any period of time for which the defendant was committed and held in the city jail or juvenile court detention prior to waiver of juvenile court jurisdiction, or county jail or workhouse, pending arraignment and trial. The defendant shall also receive credit on the sentence for the time served in the jail, workhouse or penitentiary subsequent to any conviction arising out of the original offense for which the defendant was tried.
(d) In the event the person sentenced appeals the cause to the supreme court and is required to spend time in jail pending the appeal, the supreme court may modify the original sentence allowing a reduction for the time spent in jail pending an appeal upon a petition being filed in the defendant's behalf setting out the time spent in jail within five (5) days after the announcement of the supreme court decision; provided, that the facts alleged in the petition are verified by the clerk of the court where the sentence was imposed. This section applies in both felony and misdemeanor cases.
(e) A certified copy of the order modifying the original sentence in each case shall be forwarded by the clerk of the supreme court to the warden of the state penitentiary.
Acts 1919, ch. 67, § 1; Shan. Supp., § 7242a1; Code 1932, §11849; Acts 1955, ch. 303, § 1; 1959, ch. 13, § 1; 1963, ch. 32, § 1, 1965, ch. 145, § 1; 1974, ch. 639, § 1; 1976, ch. 664, § 1; T.C.A. (orig. ed.), § 40-3102.
Tenn. Code Ann. § 40-4-112 — TN Code / Title 40 / Chapter 4 / Section 40-4-112
Appeal from sentence imposed
Status: in_force

Notwithstanding any other provision of the law to the contrary, any person convicted of a criminal offense in a court of general sessions has the right to appeal the sentence imposed, without regard to whether the person was convicted upon a plea of guilty or upon a plea of not guilty. Acts 1979, ch. 322, § 1; T.C.A., § 40-417.
Notwithstanding any other provision of the law to the contrary, any person convicted of a criminal offense in a court of general sessions has the right to appeal the sentence imposed, without regard to whether the person was convicted upon a plea of guilty or upon a plea of not guilty.
Acts 1979, ch. 322, § 1; T.C.A., § 40-417.
Tenn. Code Ann. § 40-28-106 — TN Code / Title 40 / Chapter 28 / Section 40-28-106
Hearings and investigations - Appointment of counsel for indigents - Reports on prisoners under consideration for pardon or commutation of sentence - Assessment of inmates and parolees - Records and files
Status: in_force

(a) (1) The board, or any member of the board, or any hearing officer may administer oaths and take the testimony of persons under oath. (2) For the purpose of any investigation made by the board or any member of the board in the performance of board duties, the board has the power to issue subpoenas to compel the attendance of witnesses and the production of books, papers and other documents pertaining to the subject of its inquiry. (3) The board is authorized to pay a witness a fee for expenses in attending a hearing pursuant to a subpoena as set forth in title 24, chapter 4; provided, that no fee shall be paid to any incarcerated prisoner where transportation is provided by the sheriff. Section 40-25-106 shall apply to the terms of this subsection (a). The chair or presiding member shall certify the amount of the fees to the fiscal officer of the board and the fiscal officer shall authorize the payments. (4) If a person refuses to obey a subpoena, the board may petition any circuit or criminal court to request the person to attend, testify and produce evidence. The court may issue an order requiring the person to appear before the board when the court finds that the testimony or other evidence that the person may be able to produce is directly related to a matter with respect to which the board is empowered to make a determination. Failure to obey the order is punishable by the court as contempt or by a penalty of two hundred fifty dollars ($250). (b) (1) In any revocation hearing conducted by the board, or in cases of preliminary hearings, the board is authorized to appoint legal counsel for an indigent individual where necessary in obedience to the requirements of the United States supreme court. For this purpose, the Tennessee supreme court shall prescribe by rule the nature of costs for which reimbursement may be allowed, and the limitations on and conditions for the reimbursement of costs as it deems appropriate in the public interest, subject to this subsection (b). The rules shall also specify the form and content of applications for reimbursement of costs to be filed in accordance with this subsection (b). (2) The administrative director of the courts shall administer this subsection (b) and rules promulgated under subdivision (b)(1), and shall audit and review all applications for reimbursement of costs. Upon finding payment to be in order, the administrative director of the courts shall process the payment thereof out of money appropriated for that purpose. (3) Costs incurred by the state in providing legal counsel shall be minimized insofar as is possible and practicable by the appointment by the board of counsel from any legal services group functioning in the county in which the proceedings are held if the group is supported in whole or in part from federal, state, county or municipal moneys. (c) The board shall also have the powers and perform the duties when requested by the governor of collecting the records, making investigations, and reporting to the governor the facts, circumstances, criminal records, and the social, physical, mental and psychiatric conditions and histories of prisoners under consideration by the governor for pardon or commutation of sentence. (d) (1) The board shall identify the types of information necessary to enable the board to properly assess inmates being considered for action by the board and the performance of former inmates under parole supervision, and all other appropriate state and local officials and agencies, including the courts, shall provide assistance as requested. (2) The board shall, with assistance of the divisions cited in subdivision (d)(1), oversee the development of written procedures and controls to assure the early identification of offenders who become eligible for parole consideration, including those serving sentences in local detention facilities, through such means as the offender-based state correctional information system. (e) (1) In order to assure access to complete and adequate records on all inmates under consideration by the board, the board shall assist the department of correction and any other cooperating officials or agencies of the criminal justice system in identifying records needs of each agency in the criminal justice system and in the development of procedures to assure that the records are secured and maintained by the appropriate agencies, including official documentary statements of the circumstances surrounding the commission of a crime, prior criminal history, social history, community background assessments, psychological and health assessments, and other information useful in the evaluation and classification of inmates. (2) The board shall develop a comprehensive parole summary report form for completion by institutional staff or others mutually agreed by the board and the commissioner who shall assure that the reports required are completed prior to parole hearings. (f) Notwithstanding other law to the contrary and unless prohibited by federal law in a specific instance, the board shall be granted access to any record or information, public or otherwise, that it deems necessary to carry out its duties, and all officials and agencies, including the commissioners of correction, safety, mental health and substance abuse services, and disability and aging, the director of the Tennessee bureau of investigation, wardens of institutions, courts and other state and local government officials and employees, shall accordingly respond to requests from the board under authority of this section and § 40-28-127 . Access shall include, but not be limited to, information, records or reports developed under §§ 4-3-604 , 4-6-140 , and 4-6-141 ; §§ 39-12-101 , 39-12-103 , 39-13-304 , 39-16-402 , 39-16-403 , 39-16-602 , 39-16-603 , 39-16-606 , 39-16-607 , 39-17-302 , 39-17-303 , [former] 40-28-111 [repealed], 40-28-114, 40-28-119, [former] 40-28-120 [repealed] and 40-28-121; §§ 41-1-111 , 41-21-107 , 41-21-222 , 41-21-223 and 41-21-226 ; and title 41, chapter 21, parts 4 and 7. Amended by 2024 Tenn. Acts, ch. 688,s 129, eff. 7/1/2024. Acts 1937, ch. 276, § 3; mod. C. Supp. 1950, § 11818.3 (Williams, § 11843.3); Acts 1961, ch. 93, § 2; impl. am. Acts 1972, ch. 636, §§ 1-8; Acts 1978, ch. 929, § 3; 1979, ch. 359, § 8; 1979, ch. 399, § 7; T.C.A. (orig. ed.), § 40-3603; Acts 1989, ch. 227, §§ 9-14; 1993, ch. 66, § 69; 1996, ch. 675, § 35; 1998, ch. 1049, §§ 24, 29, 66; 2001, ch. 355, § 2; 2010 , ch. 1100, § 67; 2012 , ch. 575, § 2; 2012 , ch. 727, § 15.
(a) (1) The board, or any member of the board, or any hearing officer may administer oaths and take the testimony of persons under oath. (2) For the purpose of any investigation made by the board or any member of the board in the performance of board duties, the board has the power to issue subpoenas to compel the attendance of witnesses and the production of books, papers and other documents pertaining to the subject of its inquiry. (3) The board is authorized to pay a witness a fee for expenses in attending a hearing pursuant to a subpoena as set forth in title 24, chapter 4; provided, that no fee shall be paid to any incarcerated prisoner where transportation is provided by the sheriff. Section 40-25-106 shall apply to the terms of this subsection (a). The chair or presiding member shall certify the amount of the fees to the fiscal officer of the board and the fiscal officer shall authorize the payments. (4) If a person refuses to obey a subpoena, the board may petition any circuit or criminal court to request the person to attend, testify and produce evidence. The court may issue an order requiring the person to appear before the board when the court finds that the testimony or other evidence that the person may be able to produce is directly related to a matter with respect to which the board is empowered to make a determination. Failure to obey the order is punishable by the court as contempt or by a penalty of two hundred fifty dollars ($250).
(1) The board, or any member of the board, or any hearing officer may administer oaths and take the testimony of persons under oath.
(2) For the purpose of any investigation made by the board or any member of the board in the performance of board duties, the board has the power to issue subpoenas to compel the attendance of witnesses and the production of books, papers and other documents pertaining to the subject of its inquiry.
(3) The board is authorized to pay a witness a fee for expenses in attending a hearing pursuant to a subpoena as set forth in title 24, chapter 4; provided, that no fee shall be paid to any incarcerated prisoner where transportation is provided by the sheriff. Section 40-25-106 shall apply to the terms of this subsection (a). The chair or presiding member shall certify the amount of the fees to the fiscal officer of the board and the fiscal officer shall authorize the payments.
(4) If a person refuses to obey a subpoena, the board may petition any circuit or criminal court to request the person to attend, testify and produce evidence. The court may issue an order requiring the person to appear before the board when the court finds that the testimony or other evidence that the person may be able to produce is directly related to a matter with respect to which the board is empowered to make a determination. Failure to obey the order is punishable by the court as contempt or by a penalty of two hundred fifty dollars ($250).
(b) (1) In any revocation hearing conducted by the board, or in cases of preliminary hearings, the board is authorized to appoint legal counsel for an indigent individual where necessary in obedience to the requirements of the United States supreme court. For this purpose, the Tennessee supreme court shall prescribe by rule the nature of costs for which reimbursement may be allowed, and the limitations on and conditions for the reimbursement of costs as it deems appropriate in the public interest, subject to this subsection (b). The rules shall also specify the form and content of applications for reimbursement of costs to be filed in accordance with this subsection (b). (2) The administrative director of the courts shall administer this subsection (b) and rules promulgated under subdivision (b)(1), and shall audit and review all applications for reimbursement of costs. Upon finding payment to be in order, the administrative director of the courts shall process the payment thereof out of money appropriated for that purpose. (3) Costs incurred by the state in providing legal counsel shall be minimized insofar as is possible and practicable by the appointment by the board of counsel from any legal services group functioning in the county in which the proceedings are held if the group is supported in whole or in part from federal, state, county or municipal moneys.
(1) In any revocation hearing conducted by the board, or in cases of preliminary hearings, the board is authorized to appoint legal counsel for an indigent individual where necessary in obedience to the requirements of the United States supreme court. For this purpose, the Tennessee supreme court shall prescribe by rule the nature of costs for which reimbursement may be allowed, and the limitations on and conditions for the reimbursement of costs as it deems appropriate in the public interest, subject to this subsection (b). The rules shall also specify the form and content of applications for reimbursement of costs to be filed in accordance with this subsection (b).
(2) The administrative director of the courts shall administer this subsection (b) and rules promulgated under subdivision (b)(1), and shall audit and review all applications for reimbursement of costs. Upon finding payment to be in order, the administrative director of the courts shall process the payment thereof out of money appropriated for that purpose.
(3) Costs incurred by the state in providing legal counsel shall be minimized insofar as is possible and practicable by the appointment by the board of counsel from any legal services group functioning in the county in which the proceedings are held if the group is supported in whole or in part from federal, state, county or municipal moneys.
(c) The board shall also have the powers and perform the duties when requested by the governor of collecting the records, making investigations, and reporting to the governor the facts, circumstances, criminal records, and the social, physical, mental and psychiatric conditions and histories of prisoners under consideration by the governor for pardon or commutation of sentence.
(d) (1) The board shall identify the types of information necessary to enable the board to properly assess inmates being considered for action by the board and the performance of former inmates under parole supervision, and all other appropriate state and local officials and agencies, including the courts, shall provide assistance as requested. (2) The board shall, with assistance of the divisions cited in subdivision (d)(1), oversee the development of written procedures and controls to assure the early identification of offenders who become eligible for parole consideration, including those serving sentences in local detention facilities, through such means as the offender-based state correctional information system.
(1) The board shall identify the types of information necessary to enable the board to properly assess inmates being considered for action by the board and the performance of former inmates under parole supervision, and all other appropriate state and local officials and agencies, including the courts, shall provide assistance as requested.
(2) The board shall, with assistance of the divisions cited in subdivision (d)(1), oversee the development of written procedures and controls to assure the early identification of offenders who become eligible for parole consideration, including those serving sentences in local detention facilities, through such means as the offender-based state correctional information system.
(e) (1) In order to assure access to complete and adequate records on all inmates under consideration by the board, the board shall assist the department of correction and any other cooperating officials or agencies of the criminal justice system in identifying records needs of each agency in the criminal justice system and in the development of procedures to assure that the records are secured and maintained by the appropriate agencies, including official documentary statements of the circumstances surrounding the commission of a crime, prior criminal history, social history, community background assessments, psychological and health assessments, and other information useful in the evaluation and classification of inmates. (2) The board shall develop a comprehensive parole summary report form for completion by institutional staff or others mutually agreed by the board and the commissioner who shall assure that the reports required are completed prior to parole hearings.
(1) In order to assure access to complete and adequate records on all inmates under consideration by the board, the board shall assist the department of correction and any other cooperating officials or agencies of the criminal justice system in identifying records needs of each agency in the criminal justice system and in the development of procedures to assure that the records are secured and maintained by the appropriate agencies, including official documentary statements of the circumstances surrounding the commission of a crime, prior criminal history, social history, community background assessments, psychological and health assessments, and other information useful in the evaluation and classification of inmates.
(2) The board shall develop a comprehensive parole summary report form for completion by institutional staff or others mutually agreed by the board and the commissioner who shall assure that the reports required are completed prior to parole hearings.
(f) Notwithstanding other law to the contrary and unless prohibited by federal law in a specific instance, the board shall be granted access to any record or information, public or otherwise, that it deems necessary to carry out its duties, and all officials and agencies, including the commissioners of correction, safety, mental health and substance abuse services, and disability and aging, the director of the Tennessee bureau of investigation, wardens of institutions, courts and other state and local government officials and employees, shall accordingly respond to requests from the board under authority of this section and § 40-28-127 . Access shall include, but not be limited to, information, records or reports developed under §§ 4-3-604 , 4-6-140 , and 4-6-141 ; §§ 39-12-101 , 39-12-103 , 39-13-304 , 39-16-402 , 39-16-403 , 39-16-602 , 39-16-603 , 39-16-606 , 39-16-607 , 39-17-302 , 39-17-303 , [former] 40-28-111 [repealed], 40-28-114, 40-28-119, [former] 40-28-120 [repealed] and 40-28-121; §§ 41-1-111 , 41-21-107 , 41-21-222 , 41-21-223 and 41-21-226 ; and title 41, chapter 21, parts 4 and 7.
Amended by 2024 Tenn. Acts, ch. 688,s 129, eff. 7/1/2024.
Acts 1937, ch. 276, § 3; mod. C. Supp. 1950, § 11818.3 (Williams, § 11843.3); Acts 1961, ch. 93, § 2; impl. am. Acts 1972, ch. 636, §§ 1-8; Acts 1978, ch. 929, § 3; 1979, ch. 359, § 8; 1979, ch. 399, § 7; T.C.A. (orig. ed.), § 40-3603; Acts 1989, ch. 227, §§ 9-14; 1993, ch. 66, § 69; 1996, ch. 675, § 35; 1998, ch. 1049, §§ 24, 29, 66; 2001, ch. 355, § 2; 2010 , ch. 1100, § 67; 2012 , ch. 575, § 2; 2012 , ch. 727, § 15.
Tenn. Code Ann. § 40-11-102 — TN Code / Title 40 / Chapter 11 / Section 40-11-102
Bailable offenses
Status: in_force

Before trial, all defendants shall be bailable by sufficient sureties, except for capital offenses where the proof is evident or the presumption great. After conviction, defendants are bailable as provided by § 40-11-113 , § 40-11-143 or both. Acts 1978, ch. 506, § 2; T.C.A., § 40-1202.
Before trial, all defendants shall be bailable by sufficient sureties, except for capital offenses where the proof is evident or the presumption great. After conviction, defendants are bailable as provided by § 40-11-113 , § 40-11-143 or both.
Acts 1978, ch. 506, § 2; T.C.A., § 40-1202.
Tenn. Code Ann. § 40-20-118 — TN Code / Title 40 / Chapter 20 / Section 40-20-118
Order of restitution for parentage fraud - Civil cause of action for victims
Status: in_force

(a) If a person is convicted of parentage fraud, as described in § 39-14-111 , then the judge or jury must ascertain the value of any child support paid by the victim in reliance upon the parentage fraud, and the court must order the defendant to pay restitution of that value of child support to the victim, if not previously restored to the victim. (b) To the extent permitted by federal law, a victim of parentage fraud may bring a cause of action to recover other financial support made in reliance upon the parentage fraud. Added by 2024 Tenn. Acts, ch. 896,s 1, eff. 7/1/2024.
(a) If a person is convicted of parentage fraud, as described in § 39-14-111 , then the judge or jury must ascertain the value of any child support paid by the victim in reliance upon the parentage fraud, and the court must order the defendant to pay restitution of that value of child support to the victim, if not previously restored to the victim.
(b) To the extent permitted by federal law, a victim of parentage fraud may bring a cause of action to recover other financial support made in reliance upon the parentage fraud.
Added by 2024 Tenn. Acts, ch. 896,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 40-38-502 — TN Code / Title 40 / Chapter 38 / Section 40-38-502
System attached to Tennessee sheriffs' association - Payment of administrative expenses out of the statewide automated victim information and notification system fund
Status: in_force

The victim notification system shall be attached to the Tennessee sheriffs' association. All administrative expenses incurred by the program shall be paid from grants and funds the Tennessee sheriffs' association receives pursuant to § 40-38-504 and grants authorized by § 40-38-505 from the statewide automated victim information and notification system fund established in § 67-4-602(h) . Acts 2009 , ch. 488, § 2.
The victim notification system shall be attached to the Tennessee sheriffs' association. All administrative expenses incurred by the program shall be paid from grants and funds the Tennessee sheriffs' association receives pursuant to § 40-38-504 and grants authorized by § 40-38-505 from the statewide automated victim information and notification system fund established in § 67-4-602(h) .
Acts 2009 , ch. 488, § 2.
Tenn. Code Ann. § 40-13-104 — TN Code / Title 40 / Chapter 13 / Section 40-13-104
Prosecutor not required
Status: in_force

A prosecutor is dispensed with and the district attorney general may file bills of indictment, officially, and without a prosecutor marked on the bill of indictment, in the following cases: (1) Upon a presentment; (2) Upon an inquest of willful homicide or murder; (3) Upon a recognizance to answer for a breach of the peace, or other inferior offense, committed in the presence of and taken notice of by any judge from the judge's own view; (4) Upon a charge of gaming; (5) Upon a charge of drawing a lottery or vending lottery tickets; (6) Upon a charge of keeping a billiard table without a license; (7) Upon a charge of violation of graves; (8) Upon a charge against a county legislative body or a county mayor for failing to provide safe prisons; (9) Upon an order of the circuit or criminal court to file an indictment, officially, which may be made when it appears to the court that an indictable offense has been committed, and that no one will be prosecutor; (10) Upon information made to the district attorney general by a judge of the court of general sessions, upon the judge's own knowledge, of an indictable offense, committed during the sitting of the court; (11) Upon a report of the clerk of the chancery court that an executor, administrator or guardian has neglected or refused for thirty (30) days after a subpoena has been served to appear before the clerk and settle the accounts; (12) Upon a charge of violating the laws to suppress the use, importation or sale of prohibited weapons; (13) Upon a charge of violating the laws against illegal voting, and to preserve the purity of elections; (14) Against the clerk of any court who knowingly and willfully, with intent and purpose to affect the result of a case depending or decided in the clerk's court, makes a false entry, fails to make an entry directed by law or makes an imperfect transcript of the proceedings had in the clerk's court, and being in the clerk's office; (15) Upon a charge of violating the laws pertaining to intoxicating liquors; (16) Upon a charge of violating the laws to suppress private banking; (17) Upon a charge of cutting, writing upon, defacing, disfiguring or damaging public buildings; (18) Upon a charge against a clerk of converting to the clerk's own use, investing, using or lending money, property or effects in the clerk's custody, to be paid or delivered, according to law or order of court, to any party, witness, officer or other person; (19) Upon an indictment for sedition, conspiracies and riots; (20) Upon an indictment for disturbing or obstructing a public officer in the discharge of the officer's official duties; (21) Upon a charge for violating the game and fish laws; (22) Upon an indictment against a sheriff for permitting a prisoner in the sheriff's custody to be put to death by violence; (23) Upon a charge of trespass upon lands or injury to or removal of property in violation of § 39-14-408 ; (24) Upon a charge of child abuse in violation of § 39-15-401 or any other offense against the person in which a child is the victim; and (25) Any other cases provided by law. Code 1858, § 5097 (deriv. Acts 1803, ch. 59; 1817, ch. 61, § 4; 1820, ch. 4, § 2; 1820, ch. 13, § 2; 1822, ch. 40, § 13; 1824, ch. 5, § 5; 1827, ch. 85, § 3; 1829, ch. 101, § 5; 1831, ch. 81, § 2; 1835-1836, ch. 47, § 5; 1837-1838, ch. 26, § 1; 1837-1838, ch. 125, § 3; 1837-1838, ch. 137, § 5; 1841-1842, ch. 31, § 14; 1841-1842, ch. 65; 1841-1842, ch. 129, § 4; 1847-1848, ch. 45, § 4; 1847-1848, ch. 124, §§ 1, 2; 1851-1852, ch. 167, § 2); Acts 1865, ch. 15, § 2; 1873, ch. 104, § 2; 1881, ch. 45, § 2; 1883, ch. 251, § 4; 1903, ch. 444, § 2; Shan., §§ 3169, 6503a4, 7059; mod. Code 1932, §§ 7822, 10837, 11603; modified; Acts 1968, ch. 563, §§ 1, 2; impl. am. Acts 1973, ch. 81, §§ 2, 6; 1977, ch. 482, § 13; impl. am. Acts 1978, ch. 846, § 3; impl. am. Acts 1978, ch. 934, §§ 7, 36; impl. am. Acts 1979, ch. 68, § 3; impl. am. Acts 1980, ch. 875, § 2; T.C.A. (orig. ed.), § 40-1705; Acts 1996, ch. 675, §§ 23-25; 2003, ch. 90, § 2.
A prosecutor is dispensed with and the district attorney general may file bills of indictment, officially, and without a prosecutor marked on the bill of indictment, in the following cases:
(1) Upon a presentment;
(2) Upon an inquest of willful homicide or murder;
(3) Upon a recognizance to answer for a breach of the peace, or other inferior offense, committed in the presence of and taken notice of by any judge from the judge's own view;
(4) Upon a charge of gaming;
(5) Upon a charge of drawing a lottery or vending lottery tickets;
(6) Upon a charge of keeping a billiard table without a license;
(7) Upon a charge of violation of graves;
(8) Upon a charge against a county legislative body or a county mayor for failing to provide safe prisons;
(9) Upon an order of the circuit or criminal court to file an indictment, officially, which may be made when it appears to the court that an indictable offense has been committed, and that no one will be prosecutor;
(10) Upon information made to the district attorney general by a judge of the court of general sessions, upon the judge's own knowledge, of an indictable offense, committed during the sitting of the court;
(11) Upon a report of the clerk of the chancery court that an executor, administrator or guardian has neglected or refused for thirty (30) days after a subpoena has been served to appear before the clerk and settle the accounts;
(12) Upon a charge of violating the laws to suppress the use, importation or sale of prohibited weapons;
(13) Upon a charge of violating the laws against illegal voting, and to preserve the purity of elections;
(14) Against the clerk of any court who knowingly and willfully, with intent and purpose to affect the result of a case depending or decided in the clerk's court, makes a false entry, fails to make an entry directed by law or makes an imperfect transcript of the proceedings had in the clerk's court, and being in the clerk's office;
(15) Upon a charge of violating the laws pertaining to intoxicating liquors;
(16) Upon a charge of violating the laws to suppress private banking;
(17) Upon a charge of cutting, writing upon, defacing, disfiguring or damaging public buildings;
(18) Upon a charge against a clerk of converting to the clerk's own use, investing, using or lending money, property or effects in the clerk's custody, to be paid or delivered, according to law or order of court, to any party, witness, officer or other person;
(19) Upon an indictment for sedition, conspiracies and riots;
(20) Upon an indictment for disturbing or obstructing a public officer in the discharge of the officer's official duties;
(21) Upon a charge for violating the game and fish laws;
(22) Upon an indictment against a sheriff for permitting a prisoner in the sheriff's custody to be put to death by violence;
(23) Upon a charge of trespass upon lands or injury to or removal of property in violation of § 39-14-408 ;
(24) Upon a charge of child abuse in violation of § 39-15-401 or any other offense against the person in which a child is the victim; and
(25) Any other cases provided by law.
Code 1858, § 5097 (deriv. Acts 1803, ch. 59; 1817, ch. 61, § 4; 1820, ch. 4, § 2; 1820, ch. 13, § 2; 1822, ch. 40, § 13; 1824, ch. 5, § 5; 1827, ch. 85, § 3; 1829, ch. 101, § 5; 1831, ch. 81, § 2; 1835-1836, ch. 47, § 5; 1837-1838, ch. 26, § 1; 1837-1838, ch. 125, § 3; 1837-1838, ch. 137, § 5; 1841-1842, ch. 31, § 14; 1841-1842, ch. 65; 1841-1842, ch. 129, § 4; 1847-1848, ch. 45, § 4; 1847-1848, ch. 124, §§ 1, 2; 1851-1852, ch. 167, § 2); Acts 1865, ch. 15, § 2; 1873, ch. 104, § 2; 1881, ch. 45, § 2; 1883, ch. 251, § 4; 1903, ch. 444, § 2; Shan., §§ 3169, 6503a4, 7059; mod. Code 1932, §§ 7822, 10837, 11603; modified; Acts 1968, ch. 563, §§ 1, 2; impl. am. Acts 1973, ch. 81, §§ 2, 6; 1977, ch. 482, § 13; impl. am. Acts 1978, ch. 846, § 3; impl. am. Acts 1978, ch. 934, §§ 7, 36; impl. am. Acts 1979, ch. 68, § 3; impl. am. Acts 1980, ch. 875, § 2; T.C.A. (orig. ed.), § 40-1705; Acts 1996, ch. 675, §§ 23-25; 2003, ch. 90, § 2.
Tenn. Code Ann. § 40-33-101 — TN Code / Title 40 / Chapter 33 / Section 40-33-101
Conveyances subject to forfeiture
Status: in_force

(a) Except as provided in subsection (b), where there is a final judgment of conviction, in the discretion of the court, conveyances, including vehicles, aircraft or vessels, are subject to forfeiture if used in the commission of: (1) Any offense under title 39, chapter 13, part 5; (2) Any robbery offense under title 39, chapter 13, part 4; (3) A burglary, aggravated burglary, or especially aggravated burglary offense under title 39, chapter 14, part 4; or (4) A felony theft offense under title 39, chapter 14, part 1. (b) (1) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this part, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to any of the offenses listed in subdivisions (a)(2)-(4). (2) No conveyance is subject to forfeiture under this part by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner's knowledge or consent; provided, that if the conveyance belongs to an automobile or truck rental company, the burden of proof shall be on the state to prove that the automobile or truck rental company knew, or had reason to know, that the conveyance was or would be used in the commission of an offense for which this part provides for forfeiture of the conveyance. (3) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission. Amended by 2013 Tenn. Acts, ch. 285,s 1, eff. 7/1/2013. Acts 1977, ch. 81, § 1; T.C.A., § 40-4101; Acts 1992, ch. 838, §§ 1, 2; 2006, ch. 960, § 4.
(a) Except as provided in subsection (b), where there is a final judgment of conviction, in the discretion of the court, conveyances, including vehicles, aircraft or vessels, are subject to forfeiture if used in the commission of: (1) Any offense under title 39, chapter 13, part 5; (2) Any robbery offense under title 39, chapter 13, part 4; (3) A burglary, aggravated burglary, or especially aggravated burglary offense under title 39, chapter 14, part 4; or (4) A felony theft offense under title 39, chapter 14, part 1.
(1) Any offense under title 39, chapter 13, part 5;
(2) Any robbery offense under title 39, chapter 13, part 4;
(3) A burglary, aggravated burglary, or especially aggravated burglary offense under title 39, chapter 14, part 4; or
(4) A felony theft offense under title 39, chapter 14, part 1.
(b) (1) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this part, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to any of the offenses listed in subdivisions (a)(2)-(4). (2) No conveyance is subject to forfeiture under this part by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner's knowledge or consent; provided, that if the conveyance belongs to an automobile or truck rental company, the burden of proof shall be on the state to prove that the automobile or truck rental company knew, or had reason to know, that the conveyance was or would be used in the commission of an offense for which this part provides for forfeiture of the conveyance. (3) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission.
(1) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this part, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to any of the offenses listed in subdivisions (a)(2)-(4).
(2) No conveyance is subject to forfeiture under this part by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner's knowledge or consent; provided, that if the conveyance belongs to an automobile or truck rental company, the burden of proof shall be on the state to prove that the automobile or truck rental company knew, or had reason to know, that the conveyance was or would be used in the commission of an offense for which this part provides for forfeiture of the conveyance.
(3) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission.
Amended by 2013 Tenn. Acts, ch. 285,s 1, eff. 7/1/2013.
Acts 1977, ch. 81, § 1; T.C.A., § 40-4101; Acts 1992, ch. 838, §§ 1, 2; 2006, ch. 960, § 4.
Tenn. Code Ann. § 40-9-111 — TN Code / Title 40 / Chapter 9 / Section 40-9-111
Investigation by prosecuting officer
Status: in_force

When a demand is made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with a crime, the governor may call upon the attorney general and reporter or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to the governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered. Acts 1951, ch. 240, § 4 (Williams, § 11935.4); T.C.A. (orig. ed.), § 40-1011.
When a demand is made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with a crime, the governor may call upon the attorney general and reporter or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to the governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered.
Acts 1951, ch. 240, § 4 (Williams, § 11935.4); T.C.A. (orig. ed.), § 40-1011.
Tenn. Code Ann. § 40-6-209 — TN Code / Title 40 / Chapter 6 / Section 40-6-209
Officer to whom directed
Status: in_force

The warrant should be directed to any lawful officer of the state, but if executed by any officer having authority, it is valid without regard to its direction. Code 1858, § 5024; Shan., § 6983; Code 1932, § 11522; T.C.A. (orig. ed.), § 40-710.
The warrant should be directed to any lawful officer of the state, but if executed by any officer having authority, it is valid without regard to its direction.
Code 1858, § 5024; Shan., § 6983; Code 1932, § 11522; T.C.A. (orig. ed.), § 40-710.
Tenn. Code Ann. § 40-6-104 — TN Code / Title 40 / Chapter 6 / Section 40-6-104
Examination of complainant
Status: in_force

The magistrate, before issuing the warrant, shall examine on oath the complainant and any witness the complainant may produce, and take their affidavits in writing, and cause them to be subscribed by the persons making the affidavits. The affidavits must set forth facts tending to establish the grounds of the application, or probable cause for believing the grounds exist. Code 1932, § 11900; T.C.A. (orig. ed.), § 40-504.
The magistrate, before issuing the warrant, shall examine on oath the complainant and any witness the complainant may produce, and take their affidavits in writing, and cause them to be subscribed by the persons making the affidavits. The affidavits must set forth facts tending to establish the grounds of the application, or probable cause for believing the grounds exist.
Code 1932, § 11900; T.C.A. (orig. ed.), § 40-504.
Tenn. Code Ann. § 40-13-208 — TN Code / Title 40 / Chapter 13 / Section 40-13-208
Place of offense
Status: in_force

It is not necessary for the indictment to allege where the offense was committed, but the proof shall show a state of facts bringing the offense within the jurisdiction of the county in which the indictment was preferred. Code 1858, § 5125; Shan., § 7088; Code 1932, § 11633; T.C.A. (orig. ed.), § 40-1809.
It is not necessary for the indictment to allege where the offense was committed, but the proof shall show a state of facts bringing the offense within the jurisdiction of the county in which the indictment was preferred.
Code 1858, § 5125; Shan., § 7088; Code 1932, § 11633; T.C.A. (orig. ed.), § 40-1809.
Tenn. Code Ann. § 40-14-301 — TN Code / Title 40 / Chapter 14 / Section 40-14-301
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Administrative director" means the administrative director of the courts; (2) "Court" means any court of this state exercising jurisdiction over any criminal action which is punishable by confinement in the state penitentiary; (3) "Criminal case" means the trial of any criminal offense which is punishable by confinement in the state penitentiary and any proceeding for the writ of habeas corpus wherein the unlawful confinement is alleged to be in a state, county or municipal institution; and (4) "Judge" means the judge of any court of this state exercising jurisdiction over any criminal action which is punishable by confinement in the state penitentiary. Acts 1965, ch. 221, § 1; T.C.A., § 40-2029; Acts 1993, ch. 66, § 54.
As used in this part, unless the context otherwise requires:
(1) "Administrative director" means the administrative director of the courts;
(2) "Court" means any court of this state exercising jurisdiction over any criminal action which is punishable by confinement in the state penitentiary;
(3) "Criminal case" means the trial of any criminal offense which is punishable by confinement in the state penitentiary and any proceeding for the writ of habeas corpus wherein the unlawful confinement is alleged to be in a state, county or municipal institution; and
(4) "Judge" means the judge of any court of this state exercising jurisdiction over any criminal action which is punishable by confinement in the state penitentiary.
Acts 1965, ch. 221, § 1; T.C.A., § 40-2029; Acts 1993, ch. 66, § 54.
Tenn. Code Ann. § 40-30-104 — TN Code / Title 40 / Chapter 30 / Section 40-30-104
Petition
Status: in_force

(a) A post-conviction proceeding is commenced by filing, with the clerk of the court in which the conviction occurred, a written petition naming the state as the respondent. No filing fee shall be charged. Petitions challenging misdemeanor convictions not in a court of record shall be filed in a court of record having criminal jurisdiction in the county in which the conviction was obtained, and the case shall be assigned as set forth in § 40-30-105(b) . (b) The petitioner shall provide all information required by this section. Petitions which are incomplete shall be filed by the clerk, but shall be completed as set forth in an order entered in accordance with § 40-30-106(d) . (c) The petition for post-conviction relief shall be limited to the assertion of claims for relief from the judgment or judgments entered in a single trial or proceeding. If the petitioner desires to obtain relief from judgments entered in separate trials or proceedings, the petitioner must file separate petitions. (d) The petitioner shall include all claims known to the petitioner for granting post-conviction relief and shall verify under oath that all the claims are included. (e) The petitioner shall include allegations of fact supporting each claim for relief set forth in the petition and allegations of fact explaining why each ground for relief was not previously presented in any earlier proceeding. The petition and any amended petition shall be verified under oath. Affidavits, records or other evidence available to the petitioner supporting the allegations of the petition may be attached to it. (f) The petitioner shall provide the name of any attorney licensed to practice law who drafts or has given assistance or advice regarding drafting the petition for post-conviction relief. (g) Amendments to the petition shall conform substantially to the form for original petitions, except that matters alleged in the original petition need not be repeated. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-204 .
(a) A post-conviction proceeding is commenced by filing, with the clerk of the court in which the conviction occurred, a written petition naming the state as the respondent. No filing fee shall be charged. Petitions challenging misdemeanor convictions not in a court of record shall be filed in a court of record having criminal jurisdiction in the county in which the conviction was obtained, and the case shall be assigned as set forth in § 40-30-105(b) .
(b) The petitioner shall provide all information required by this section. Petitions which are incomplete shall be filed by the clerk, but shall be completed as set forth in an order entered in accordance with § 40-30-106(d) .
(c) The petition for post-conviction relief shall be limited to the assertion of claims for relief from the judgment or judgments entered in a single trial or proceeding. If the petitioner desires to obtain relief from judgments entered in separate trials or proceedings, the petitioner must file separate petitions.
(d) The petitioner shall include all claims known to the petitioner for granting post-conviction relief and shall verify under oath that all the claims are included.
(e) The petitioner shall include allegations of fact supporting each claim for relief set forth in the petition and allegations of fact explaining why each ground for relief was not previously presented in any earlier proceeding. The petition and any amended petition shall be verified under oath. Affidavits, records or other evidence available to the petitioner supporting the allegations of the petition may be attached to it.
(f) The petitioner shall provide the name of any attorney licensed to practice law who drafts or has given assistance or advice regarding drafting the petition for post-conviction relief.
(g) Amendments to the petition shall conform substantially to the form for original petitions, except that matters alleged in the original petition need not be repeated.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-204 .
Tenn. Code Ann. § 40-38-301 — TN Code / Title 40 / Chapter 38 / Section 40-38-301
Intent of general assembly
Status: in_force

(a) It is the intent of the general assembly by enactment of this part to implement and make fully operational the provisions of Constitution of Tennessee, Article I, § 35, relative to the rights of victims of crime. The proposed amendment that became the Constitution of Tennessee, Article I, § 35 was ratified by the voters of Tennessee at the November 3, 1998, general election, but there was some question as to whether it required the general assembly to define certain terms before the amendment could be implemented and in full force and effect. (b) It is the further intent of the general assembly that this part only govern the implementation of the Constitution of Tennessee, Article I, § 35. If any other provision of law confers additional, enhanced or more expansive rights upon victims of crime than are set out in this part or the Constitution of Tennessee, Article I, § 35, a victim shall also be entitled to the additional, enhanced or expansive statutory rights. (c) If any other provision of law contains a broader definition of "crime," "victim" or "critical stages of the criminal justice process" for any purpose other than implementation of the Constitution of Tennessee, Article I, § 35, the broader definition shall control for such purpose. Acts 2000, ch. 577, § 1.
(a) It is the intent of the general assembly by enactment of this part to implement and make fully operational the provisions of Constitution of Tennessee, Article I, § 35, relative to the rights of victims of crime. The proposed amendment that became the Constitution of Tennessee, Article I, § 35 was ratified by the voters of Tennessee at the November 3, 1998, general election, but there was some question as to whether it required the general assembly to define certain terms before the amendment could be implemented and in full force and effect.
(b) It is the further intent of the general assembly that this part only govern the implementation of the Constitution of Tennessee, Article I, § 35. If any other provision of law confers additional, enhanced or more expansive rights upon victims of crime than are set out in this part or the Constitution of Tennessee, Article I, § 35, a victim shall also be entitled to the additional, enhanced or expansive statutory rights.
(c) If any other provision of law contains a broader definition of "crime," "victim" or "critical stages of the criminal justice process" for any purpose other than implementation of the Constitution of Tennessee, Article I, § 35, the broader definition shall control for such purpose.
Acts 2000, ch. 577, § 1.
Tenn. Code Ann. § 40-7-107 — TN Code / Title 40 / Chapter 7 / Section 40-7-107
Authority of officer to break in
Status: in_force

To make an arrest, either with or without a warrant, the officer may break open any outer or inner door or window of a dwelling house if, after notice of the officer's office, authority and purpose, the officer is refused admittance. Code 1858, § 5039; Shan., § 6999; Code 1932, § 11538; T.C.A. (orig. ed.), § 40-807.
To make an arrest, either with or without a warrant, the officer may break open any outer or inner door or window of a dwelling house if, after notice of the officer's office, authority and purpose, the officer is refused admittance.
Code 1858, § 5039; Shan., § 6999; Code 1932, § 11538; T.C.A. (orig. ed.), § 40-807.
Tenn. Code Ann. § 40-35-203 — TN Code / Title 40 / Chapter 35 / Section 40-35-203
Court to impose sentence - Exceptions
Status: in_force

(a) Except as provided in subsection (c) and with respect to fines as provided in § 40-35-301 , sentences in felony and misdemeanor cases shall be imposed by the court. Upon a verdict or plea of guilty, the court shall set and conduct a sentencing hearing except as provided in subsection (b). Evidence may, but need not, be presented by both the defendant and the district attorney general on any matter relevant to the issue of sentencing. The sentencing hearing may occur immediately after guilt is determined, subject to the rights of the parties to postpone the hearing under § 40-35-209(a) . (b) Where the sentence is agreed upon by the district attorney general and the defendant and accepted by the court, the court may immediately impose sentence as provided in § 40-35-205(d) and no specific sentencing hearing or presentence reports shall be required. The judge may, in the judge's discretion, direct that a complete presentence report be prepared. No defendant sentenced to the custody of the department of correction shall be committed or conveyed to the department unaccompanied by the completed presentence report or investigation and report required by § 40-35-209(d)(1) . Furthermore, a presentence report or investigation and report shall be prepared on all defendants sentenced to a period of continuous confinement of one (1) year or greater in a local jail or workhouse. This requirement shall not be cause for delay in conveying the defendant to the local institution to which the defendant has been committed. There shall be a presentence report and hearing on any issue of sentencing not agreed upon by the parties and accepted by the court. (c) If a capital offense is charged and the jury returns a verdict where death is a possibility, the jury shall fix the punishment in a separate sentencing hearing as otherwise provided by law, unless the jury is waived as to punishment. (d) If the trial judge who presided at the trial on the merits is unavailable because of death, resignation, retirement, ill health or loss of jurisdiction, another judge appointed by the chief justice of the Tennessee supreme court may impose the sentence. (e) If the criminal offense for which the defendant is charged carries an enhanced punishment for a second or subsequent violation of the same offense, the indictment in a separate count shall specify and charge that fact. If the defendant is convicted of the offense, then the jury must find that beyond a reasonable doubt the defendant has been previously convicted the requisite number of times for the same offense. Upon such finding, the defendant shall be subject to the authorized terms of imprisonment for the felonies and misdemeanors as set forth in § 40-35-111 . Acts 1989, ch. 591, § 6; 1990, ch. 980, § 24.
(a) Except as provided in subsection (c) and with respect to fines as provided in § 40-35-301 , sentences in felony and misdemeanor cases shall be imposed by the court. Upon a verdict or plea of guilty, the court shall set and conduct a sentencing hearing except as provided in subsection (b). Evidence may, but need not, be presented by both the defendant and the district attorney general on any matter relevant to the issue of sentencing. The sentencing hearing may occur immediately after guilt is determined, subject to the rights of the parties to postpone the hearing under § 40-35-209(a) .
(b) Where the sentence is agreed upon by the district attorney general and the defendant and accepted by the court, the court may immediately impose sentence as provided in § 40-35-205(d) and no specific sentencing hearing or presentence reports shall be required. The judge may, in the judge's discretion, direct that a complete presentence report be prepared. No defendant sentenced to the custody of the department of correction shall be committed or conveyed to the department unaccompanied by the completed presentence report or investigation and report required by § 40-35-209(d)(1) . Furthermore, a presentence report or investigation and report shall be prepared on all defendants sentenced to a period of continuous confinement of one (1) year or greater in a local jail or workhouse. This requirement shall not be cause for delay in conveying the defendant to the local institution to which the defendant has been committed. There shall be a presentence report and hearing on any issue of sentencing not agreed upon by the parties and accepted by the court.
(c) If a capital offense is charged and the jury returns a verdict where death is a possibility, the jury shall fix the punishment in a separate sentencing hearing as otherwise provided by law, unless the jury is waived as to punishment.
(d) If the trial judge who presided at the trial on the merits is unavailable because of death, resignation, retirement, ill health or loss of jurisdiction, another judge appointed by the chief justice of the Tennessee supreme court may impose the sentence.
(e) If the criminal offense for which the defendant is charged carries an enhanced punishment for a second or subsequent violation of the same offense, the indictment in a separate count shall specify and charge that fact. If the defendant is convicted of the offense, then the jury must find that beyond a reasonable doubt the defendant has been previously convicted the requisite number of times for the same offense. Upon such finding, the defendant shall be subject to the authorized terms of imprisonment for the felonies and misdemeanors as set forth in § 40-35-111 .
Acts 1989, ch. 591, § 6; 1990, ch. 980, § 24.
Tenn. Code Ann. § 40-35-117 — TN Code / Title 40 / Chapter 35 / Section 40-35-117
Applicability of chapter
Status: in_force

(a) All persons who commit crimes on or after November 1, 1989, shall be tried and sentenced under this chapter. (b) Unless prohibited by the United States or Tennessee constitutions, any person sentenced on or after November 1, 1989, for an offense committed between July 1, 1982, and November 1, 1989, shall be sentenced under this chapter. (c) For all persons who committed crimes prior to July 1, 1982, prior law shall apply and remain in full force and effect in every respect, including, but not limited to, sentencing, parole and probation. Acts 1989, ch. 591, § 6.
(a) All persons who commit crimes on or after November 1, 1989, shall be tried and sentenced under this chapter.
(b) Unless prohibited by the United States or Tennessee constitutions, any person sentenced on or after November 1, 1989, for an offense committed between July 1, 1982, and November 1, 1989, shall be sentenced under this chapter.
(c) For all persons who committed crimes prior to July 1, 1982, prior law shall apply and remain in full force and effect in every respect, including, but not limited to, sentencing, parole and probation.
Acts 1989, ch. 591, § 6.
Tenn. Code Ann. § 40-27-103 — TN Code / Title 40 / Chapter 27 / Section 40-27-103
Return of governor's warrant
Status: in_force

The governor's warrant should be returned by the officer after its execution, with the officer's endorsement of the action, to the secretary of state, to be filed by the secretary of state with the other papers. Code 1858, §5262; Shan., § 7237; Code 1932, § 11843; T.C.A. (orig. ed.), § 40-3503.
The governor's warrant should be returned by the officer after its execution, with the officer's endorsement of the action, to the secretary of state, to be filed by the secretary of state with the other papers.
Code 1858, §5262; Shan., § 7237; Code 1932, § 11843; T.C.A. (orig. ed.), § 40-3503.
Tenn. Code Ann. § 40-9-118 — TN Code / Title 40 / Chapter 9 / Section 40-9-118
Authority given by governor's warrant
Status: in_force

(a) The warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where the accused may be found within the state and to command the aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver the accused, subject to this chapter, to the duly authorized agent of the demanding state. (b) Whether the prisoner or fugitive so charged is bound to appear before any court, committed to jail or discharged, any person authorized by the warrant of the governor of this state may at any time take the accused person or fugitive into custody, and the apprehension shall immediately be a discharge of the bond or other proceeding, if there is one pending in any court of this state. (c) Every officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance in the arrest, as sheriffs and other officers have by law in the execution of any criminal process directed to them, with the same penalties against those who refuse their assistance. Acts 1951, ch. 240, §§ 8, 9 (Williams, §§11935.8, 11935.9); 1965, ch. 238, § 2; T.C.A. (orig. ed.), §§ 40-1018, 40-1019.
(a) The warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where the accused may be found within the state and to command the aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver the accused, subject to this chapter, to the duly authorized agent of the demanding state.
(b) Whether the prisoner or fugitive so charged is bound to appear before any court, committed to jail or discharged, any person authorized by the warrant of the governor of this state may at any time take the accused person or fugitive into custody, and the apprehension shall immediately be a discharge of the bond or other proceeding, if there is one pending in any court of this state.
(c) Every officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance in the arrest, as sheriffs and other officers have by law in the execution of any criminal process directed to them, with the same penalties against those who refuse their assistance.
Acts 1951, ch. 240, §§ 8, 9 (Williams, §§11935.8, 11935.9); 1965, ch. 238, § 2; T.C.A. (orig. ed.), §§ 40-1018, 40-1019.
Tenn. Code Ann. § 40-30-411 — TN Code / Title 40 / Chapter 30 / Section 40-30-411
Orders in discretion of court
Status: in_force

The court may, in its discretion, make such other orders as may be appropriate. Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
The court may, in its discretion, make such other orders as may be appropriate.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 40-7-111 — TN Code / Title 40 / Chapter 7 / Section 40-7-111
Arrest by private person - Notice of grounds
Status: in_force

A private person making an arrest shall, at the time of the arrest, inform the person arrested of the cause of the arrest, except when the person is in the actual commission of the offense, or when arrested on pursuit. Code 1858, § 5043; Shan., § 7003; Code 1932, § 11542; T.C.A. (orig. ed.), § 40-818.
A private person making an arrest shall, at the time of the arrest, inform the person arrested of the cause of the arrest, except when the person is in the actual commission of the offense, or when arrested on pursuit.
Code 1858, § 5043; Shan., § 7003; Code 1932, § 11542; T.C.A. (orig. ed.), § 40-818.
Tenn. Code Ann. § 40-38-115 — TN Code / Title 40 / Chapter 38 / Section 40-38-115
Crime victim advocate
Status: in_force

(a) Any victim of crime may have a crime victim advocate from a crime assistance program or a victim-witness coordinator as provided for in § 8-7-206 present at any defense interviews with the victim. This section applies if practical and if the presence of the crime victim advocate or victim-witness coordinator does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate or victim-witness coordinator is to provide emotional support to the victim. (b) As used in subsection (a), "crime assistance program" includes, but is not limited to, programs that provide appropriate counseling and support to victims. Acts 2000, ch. 803, § 1.
(a) Any victim of crime may have a crime victim advocate from a crime assistance program or a victim-witness coordinator as provided for in § 8-7-206 present at any defense interviews with the victim. This section applies if practical and if the presence of the crime victim advocate or victim-witness coordinator does not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate or victim-witness coordinator is to provide emotional support to the victim.
(b) As used in subsection (a), "crime assistance program" includes, but is not limited to, programs that provide appropriate counseling and support to victims.
Acts 2000, ch. 803, § 1.
Tenn. Code Ann. § 40-8-104 — TN Code / Title 40 / Chapter 8 / Section 40-8-104
Payment of reward
Status: in_force

The reward will be paid by the state treasurer, upon the warrant of the commissioner of finance and administration, by order of the governor, drawn in favor of the person who may, in the opinion of the governor, be entitled to the reward. Code 1858, § 5339 (deriv. Acts 1805, ch. 44, § 2; 1837-1838, ch. 170, § 1); Acts 1881, ch. 157, § 2; Shan., § 7317; Code 1932, § 11919; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 40-905.
The reward will be paid by the state treasurer, upon the warrant of the commissioner of finance and administration, by order of the governor, drawn in favor of the person who may, in the opinion of the governor, be entitled to the reward.
Code 1858, § 5339 (deriv. Acts 1805, ch. 44, § 2; 1837-1838, ch. 170, § 1); Acts 1881, ch. 157, § 2; Shan., § 7317; Code 1932, § 11919; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 40-905.
Tenn. Code Ann. § 40-28-305 — TN Code / Title 40 / Chapter 28 / Section 40-28-305
Authority to impose graduated sanctions
Status: in_force

(a) Notwithstanding any rule or law to the contrary, the department may impose graduated sanctions. (b) A probation and parole officer intending to impose a graduated sanction shall issue to the supervised individual a notice of the intended sanction. The notice shall inform the supervised individual of the violation or violations alleged, the date or dates of the violation or violations, and the graduated sanction to be imposed. (c) The imposition of a graduated sanction or sanctions by a probation and parole officer must comport with the system of graduated sanctions adopted by the department under § 40-28-303 . Upon receipt of the notice, the supervised individual shall immediately accept the sanction or, if permitted under the system of graduated sanctions, object to the sanction or sanctions proposed by the probation and parole officer. The failure of the supervised individual to comply with a sanction shall constitute a violation of probation, parole, or post-release supervision. If the supervised individual objects to the imposition of the sanction or sanctions, when permitted by the system of graduated sanctions, the individual is entitled to an administrative review to be conducted by the department within five (5) days of the issuance of the notice. If the department affirms the recommendation contained in the notice, the sanction or sanctions shall become effective immediately. (d) (1) A notice of a graduated sanction may not be issued for any violation of probation or parole that could warrant an additional, separate felony charge or Class A misdemeanor charge. (2) Notwithstanding subdivision (d)(1), a notice of a graduated sanction may be issued for a positive drug test. (e) Upon successful completion of a graduated sanction or sanctions, a court shall not revoke the term of community supervision or impose additional sanctions for the same violation. Notwithstanding this subsection (e), a court may consider an individual's supervision and sanctions history when adjudicating subsequent violations. (f) The department shall regularly provide notice of sanctions imposed upon probationers to the sentencing court and the prosecutor's office for each jurisdiction. (g) If a probation and parole officer imposes a graduated sanction, the officer shall: (1) Deliver a copy of the sanction to the supervised individual; and (2) Note the date of delivery of the copy in the supervised individual's file. Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
(a) Notwithstanding any rule or law to the contrary, the department may impose graduated sanctions.
(b) A probation and parole officer intending to impose a graduated sanction shall issue to the supervised individual a notice of the intended sanction. The notice shall inform the supervised individual of the violation or violations alleged, the date or dates of the violation or violations, and the graduated sanction to be imposed.
(c) The imposition of a graduated sanction or sanctions by a probation and parole officer must comport with the system of graduated sanctions adopted by the department under § 40-28-303 . Upon receipt of the notice, the supervised individual shall immediately accept the sanction or, if permitted under the system of graduated sanctions, object to the sanction or sanctions proposed by the probation and parole officer. The failure of the supervised individual to comply with a sanction shall constitute a violation of probation, parole, or post-release supervision. If the supervised individual objects to the imposition of the sanction or sanctions, when permitted by the system of graduated sanctions, the individual is entitled to an administrative review to be conducted by the department within five (5) days of the issuance of the notice. If the department affirms the recommendation contained in the notice, the sanction or sanctions shall become effective immediately.
(d) (1) A notice of a graduated sanction may not be issued for any violation of probation or parole that could warrant an additional, separate felony charge or Class A misdemeanor charge. (2) Notwithstanding subdivision (d)(1), a notice of a graduated sanction may be issued for a positive drug test.
(1) A notice of a graduated sanction may not be issued for any violation of probation or parole that could warrant an additional, separate felony charge or Class A misdemeanor charge.
(2) Notwithstanding subdivision (d)(1), a notice of a graduated sanction may be issued for a positive drug test.
(e) Upon successful completion of a graduated sanction or sanctions, a court shall not revoke the term of community supervision or impose additional sanctions for the same violation. Notwithstanding this subsection (e), a court may consider an individual's supervision and sanctions history when adjudicating subsequent violations.
(f) The department shall regularly provide notice of sanctions imposed upon probationers to the sentencing court and the prosecutor's office for each jurisdiction.
(g) If a probation and parole officer imposes a graduated sanction, the officer shall: (1) Deliver a copy of the sanction to the supervised individual; and (2) Note the date of delivery of the copy in the supervised individual's file.
(1) Deliver a copy of the sanction to the supervised individual; and
(2) Note the date of delivery of the copy in the supervised individual's file.
Added by 2016 Tenn. Acts, ch. 906,s 14, eff. 1/1/2017.
Tenn. Code Ann. § 40-10-105 — TN Code / Title 40 / Chapter 10 / Section 40-10-105
Election by prisoner to perform hard labor
Status: in_force

(a) The defendant, if charged with a misdemeanor and ordered to be committed to the county jail, may elect to perform hard labor for the county pending trial. (b) It is the duty of the magistrate committing the defendant to inform the defendant of the right to make an election for hard labor, and of the advantages accruing by that election; and if the defendant so elects, the magistrate shall make an order allowing the defendant to do so and shall certify that election to the court at which the defendant is required to appear. (c) It is the duty of the sheriff to carry every person in the sheriff's custody charged with a misdemeanor before the judge of the court of general sessions within twenty-four (24) hours after receiving the person into custody. It is the duty of the judge to inform the prisoner of the prisoner's right to make an election for hard labor and of the advantages accruing to the prisoner by that election; and if the prisoner elects to perform hard labor, the judge shall make an order allowing the prisoner to do so and shall certify that election to the court at which the prisoner is required to appear. If the prisoner is convicted when tried, it is the duty of the court in determining punishment to take into consideration the amount of labor performed by the defendant; and if the defendant is acquitted, the net amount so earned by the defendant under the election to perform hard labor shall be delivered to the defendant by the county trustee, who shall take the defendant's receipt therefor, which shall be the defendant's voucher. (d) This section shall apply only to counties as may, by a majority vote of the county legislative bodies at a regular or special session, elect to avail themselves of the right to the labor of a defendant. (e) The earnings of a defendant under this section shall be the same as that of a misdemeanant inmate and shall be paid to the county trustee and held by the trustee until the final disposition of the prosecution. If the defendant is convicted, it shall be applied by the trustee as the hire of convicts is applied. Code 1932, § 11564; impl. am. Acts 1978, ch. 934, §§7, 36; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-1120.
(a) The defendant, if charged with a misdemeanor and ordered to be committed to the county jail, may elect to perform hard labor for the county pending trial.
(b) It is the duty of the magistrate committing the defendant to inform the defendant of the right to make an election for hard labor, and of the advantages accruing by that election; and if the defendant so elects, the magistrate shall make an order allowing the defendant to do so and shall certify that election to the court at which the defendant is required to appear.
(c) It is the duty of the sheriff to carry every person in the sheriff's custody charged with a misdemeanor before the judge of the court of general sessions within twenty-four (24) hours after receiving the person into custody. It is the duty of the judge to inform the prisoner of the prisoner's right to make an election for hard labor and of the advantages accruing to the prisoner by that election; and if the prisoner elects to perform hard labor, the judge shall make an order allowing the prisoner to do so and shall certify that election to the court at which the prisoner is required to appear. If the prisoner is convicted when tried, it is the duty of the court in determining punishment to take into consideration the amount of labor performed by the defendant; and if the defendant is acquitted, the net amount so earned by the defendant under the election to perform hard labor shall be delivered to the defendant by the county trustee, who shall take the defendant's receipt therefor, which shall be the defendant's voucher.
(d) This section shall apply only to counties as may, by a majority vote of the county legislative bodies at a regular or special session, elect to avail themselves of the right to the labor of a defendant.
(e) The earnings of a defendant under this section shall be the same as that of a misdemeanant inmate and shall be paid to the county trustee and held by the trustee until the final disposition of the prosecution. If the defendant is convicted, it shall be applied by the trustee as the hire of convicts is applied.
Code 1932, § 11564; impl. am. Acts 1978, ch. 934, §§7, 36; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-1120.
Tenn. Code Ann. § 40-17-114 — TN Code / Title 40 / Chapter 17 / Section 40-17-114
Proof of attendance
Status: in_force

The witness shall prove attendance, in open court, by oath before the clerk that the witness has not, directly or indirectly, personally procured summons as a witness, that the witness was legally summoned on behalf of the state and has verily attended the court, as a witness, the number of days claimed. Code 1858, § 5394; Shan., § 7369; Code 1932, § 11975; T.C.A. (orig. ed.), § 40-2424.
The witness shall prove attendance, in open court, by oath before the clerk that the witness has not, directly or indirectly, personally procured summons as a witness, that the witness was legally summoned on behalf of the state and has verily attended the court, as a witness, the number of days claimed.
Code 1858, § 5394; Shan., § 7369; Code 1932, § 11975; T.C.A. (orig. ed.), § 40-2424.
Tenn. Code Ann. § 40-9-115 — TN Code / Title 40 / Chapter 9 / Section 40-9-115
Demand for person held on charge of crime in Tennessee
Status: in_force

If a criminal prosecution has been instituted against the person under the laws of this state and is still pending, the governor, at the governor's discretion, either may surrender the person on the demand of the executive authority of another state, or may hold the person until the person has been tried and discharged, or convicted and punished in this state. Acts 1951, ch. 240, § 19 (Williams, § 11935.19); T.C.A. (orig. ed.), § 40-1015.
If a criminal prosecution has been instituted against the person under the laws of this state and is still pending, the governor, at the governor's discretion, either may surrender the person on the demand of the executive authority of another state, or may hold the person until the person has been tried and discharged, or convicted and punished in this state.
Acts 1951, ch. 240, § 19 (Williams, § 11935.19); T.C.A. (orig. ed.), § 40-1015.
Tenn. Code Ann. § 40-33-207 — TN Code / Title 40 / Chapter 33 / Section 40-33-207
Hearing date
Status: in_force

(a) Within thirty (30) days from the day the claim is filed, the applicable agency shall establish a hearing date and set the case on the docket. (b) Nothing in this section shall be construed as requiring the hearing to be conducted within the thirty-day period. Acts 1994, ch. 925, § 1.
(a) Within thirty (30) days from the day the claim is filed, the applicable agency shall establish a hearing date and set the case on the docket.
(b) Nothing in this section shall be construed as requiring the hearing to be conducted within the thirty-day period.
Acts 1994, ch. 925, § 1.
Tenn. Code Ann. § 40-14-314 — TN Code / Title 40 / Chapter 14 / Section 40-14-314
Recording equipment
Status: in_force

The administrative director is authorized, upon a determination of a need therefor and upon certification of a judge that no qualified court reporter is available to record the proceedings in any court in the judge's district, to purchase, out of money appropriated for that purpose, the recording equipment as may be necessary to carry out the purpose of this part and to formulate all necessary rules and regulations for its use, maintenance and replacement. Any certification by a judge and determination of need by the administrative director shall be reviewed not less than annually. If a qualified court reporter should become available to attend the court, it is the duty of the judge so to certify to the administrative director. Any recording equipment purchased under this section shall remain the property of the state of Tennessee and be under the direct control and supervision of the administrative director. Acts 1965, ch. 221, § 14; T.C.A., § 40-2042; Acts 1993, ch. 66, § 67.
The administrative director is authorized, upon a determination of a need therefor and upon certification of a judge that no qualified court reporter is available to record the proceedings in any court in the judge's district, to purchase, out of money appropriated for that purpose, the recording equipment as may be necessary to carry out the purpose of this part and to formulate all necessary rules and regulations for its use, maintenance and replacement. Any certification by a judge and determination of need by the administrative director shall be reviewed not less than annually. If a qualified court reporter should become available to attend the court, it is the duty of the judge so to certify to the administrative director. Any recording equipment purchased under this section shall remain the property of the state of Tennessee and be under the direct control and supervision of the administrative director.
Acts 1965, ch. 221, § 14; T.C.A., § 40-2042; Acts 1993, ch. 66, § 67.
Tenn. Code Ann. § 40-38-401 — TN Code / Title 40 / Chapter 38 / Section 40-38-401
Creation
Status: in_force

There is created the Senator Tommy Burks victim assistance academy, referred to in this part as the "academy", to be organized and administered in accordance with this part. Acts 2008, ch. 1077, § 2.
There is created the Senator Tommy Burks victim assistance academy, referred to in this part as the "academy", to be organized and administered in accordance with this part.
Acts 2008, ch. 1077, § 2.
Tenn. Code Ann. § 40-38-505 — TN Code / Title 40 / Chapter 38 / Section 40-38-505
Grants from the statewide automated victim information and notification system fund - Plan for use of the moneys
Status: in_force

The department of finance and administration, office of criminal justice programs, is authorized to make an annual grant from the fund created in § 67-4-602(h)(2) , to the Tennessee sheriffs' association for the purpose of supporting implementation and management of the victim notification system; provided, however, that no such grant shall be issued unless the association submits to the department of finance and administration, office of criminal justice programs, a plan specifying the use of the moneys and the plan is approved by the office of criminal justice programs. The grant authorized in this section is subject to authorization contained in the general appropriations act. Amended by 2019 Tenn. Acts, ch. 261, s 1, eff. 4/30/2019. Acts 2009 , ch. 488, § 2.
The department of finance and administration, office of criminal justice programs, is authorized to make an annual grant from the fund created in § 67-4-602(h)(2) , to the Tennessee sheriffs' association for the purpose of supporting implementation and management of the victim notification system; provided, however, that no such grant shall be issued unless the association submits to the department of finance and administration, office of criminal justice programs, a plan specifying the use of the moneys and the plan is approved by the office of criminal justice programs. The grant authorized in this section is subject to authorization contained in the general appropriations act.
Amended by 2019 Tenn. Acts, ch. 261, s 1, eff. 4/30/2019.
Acts 2009 , ch. 488, § 2.
Tenn. Code Ann. § 40-36-101 — TN Code / Title 40 / Chapter 36 / Section 40-36-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Community Corrections Act of 1985." Acts 1985 (1st Ex. Sess.), ch. 3, § 2.
This chapter shall be known and may be cited as the "Tennessee Community Corrections Act of 1985."
Acts 1985 (1st Ex. Sess.), ch. 3, § 2.
Tenn. Code Ann. § 40-24-109 — TN Code / Title 40 / Chapter 24 / Section 40-24-109
Services to victims of certain types of crimes
Status: in_force

(a) The county legislative body of any county may elect to establish a program to assist victims of crime, their families and survivors or to provide funding or additional funding for an existing program established to assist victims. The type of programs for which this section may be utilized includes rape crisis centers, domestic violence shelters, victim of crime hotlines and information programs, individual, group and family counseling services, crisis intervention programs, support groups and other similar programs designed to assist victims of crime, their families or survivors. (b) (1) If a county legislative body elects to establish or fund a program as authorized by this section, it shall, at the time of election, designate the program for which the assessment provided in subsection (c) will be used. (2) No assessment authorized by subsection (c) shall be collected or transmitted until the county legislative body has elected to utilize this section and has designated the victim of crime program for which it will be dedicated. (c) The clerks of all courts of general sessions, circuit and criminal courts, municipal courts exercising general sessions court jurisdiction and any other court exercising similar criminal jurisdiction shall collect a victims assistance assessment in the sum of forty-five dollars ($45.00) from any person who: (1) Enters a plea of guilty; (2) Is found guilty by a judge or jury; (3) Enters a plea of nolo contendere; (4) Enters a plea, pursuant to any of the diversionary sentencing statutes, to any criminal offense described in subsection (d); (5) Is found guilty, or enters a plea of guilty or nolo contendere, to the offense of attempting or conspiring to commit any offense described in subsection (d); or (6) Is found to be criminally responsible as principal for the commission of any offense described in subsection (d). (d) Except as provided in subsection (e), subsection (c) shall apply to any conduct made criminal by the laws of this state. (e) This section shall not apply to: (1) Crimes for which the law imposes, as a maximum possible punishment, a fine of less than five hundred dollars ($500) and no imprisonment; and (2) Violations of the motor vehicle laws, except driving under the influence of an intoxicant as prohibited by § 55-10-401 , or reckless driving as prohibited by § 55-10-205 , where the reckless driving was proximately caused by the use of an intoxicant. (f) Whether a person convicted of a crime is exempted from payment of the assessment imposed by this section shall be determined by the offense for which the person was convicted and the maximum possible sentence authorized by law for the offense, rather than the sentence the person actually receives. (g) (1) The victims assistance assessment shall be subject to § 8-21-401 or § 8-21-409 and shall be in addition to all other taxes, costs, and fines. The first three dollars ($3.00) of each assessment shall be paid to the clerk of the court imposing the assessment for processing and handling. The remaining forty-two dollars ($42.00) shall be transmitted to the county in which the offense occurred, for the exclusive use of the victims assistance program previously designated by the county legislative body. (2) Upon transmittal to the victims program in the county, all funds collected pursuant to this section shall be used to defray the costs of providing the services to victims of crime designated by the program's mission statement and guidelines. (h) Nothing in this section shall be construed to prevent a county from funding more than one (1) program to assist victims of crime; provided, that no such program may be funded unless the provider organization offers services to victims of crime free of charge. Acts 2006, ch. 627, §1; 2008 , ch. 880, §1; 2011 , ch. 305, § 1.
(a) The county legislative body of any county may elect to establish a program to assist victims of crime, their families and survivors or to provide funding or additional funding for an existing program established to assist victims. The type of programs for which this section may be utilized includes rape crisis centers, domestic violence shelters, victim of crime hotlines and information programs, individual, group and family counseling services, crisis intervention programs, support groups and other similar programs designed to assist victims of crime, their families or survivors.
(b) (1) If a county legislative body elects to establish or fund a program as authorized by this section, it shall, at the time of election, designate the program for which the assessment provided in subsection (c) will be used. (2) No assessment authorized by subsection (c) shall be collected or transmitted until the county legislative body has elected to utilize this section and has designated the victim of crime program for which it will be dedicated.
(1) If a county legislative body elects to establish or fund a program as authorized by this section, it shall, at the time of election, designate the program for which the assessment provided in subsection (c) will be used.
(2) No assessment authorized by subsection (c) shall be collected or transmitted until the county legislative body has elected to utilize this section and has designated the victim of crime program for which it will be dedicated.
(c) The clerks of all courts of general sessions, circuit and criminal courts, municipal courts exercising general sessions court jurisdiction and any other court exercising similar criminal jurisdiction shall collect a victims assistance assessment in the sum of forty-five dollars ($45.00) from any person who: (1) Enters a plea of guilty; (2) Is found guilty by a judge or jury; (3) Enters a plea of nolo contendere; (4) Enters a plea, pursuant to any of the diversionary sentencing statutes, to any criminal offense described in subsection (d); (5) Is found guilty, or enters a plea of guilty or nolo contendere, to the offense of attempting or conspiring to commit any offense described in subsection (d); or (6) Is found to be criminally responsible as principal for the commission of any offense described in subsection (d).
(1) Enters a plea of guilty;
(2) Is found guilty by a judge or jury;
(3) Enters a plea of nolo contendere;
(4) Enters a plea, pursuant to any of the diversionary sentencing statutes, to any criminal offense described in subsection (d);
(5) Is found guilty, or enters a plea of guilty or nolo contendere, to the offense of attempting or conspiring to commit any offense described in subsection (d); or
(6) Is found to be criminally responsible as principal for the commission of any offense described in subsection (d).
(d) Except as provided in subsection (e), subsection (c) shall apply to any conduct made criminal by the laws of this state.
(e) This section shall not apply to: (1) Crimes for which the law imposes, as a maximum possible punishment, a fine of less than five hundred dollars ($500) and no imprisonment; and (2) Violations of the motor vehicle laws, except driving under the influence of an intoxicant as prohibited by § 55-10-401 , or reckless driving as prohibited by § 55-10-205 , where the reckless driving was proximately caused by the use of an intoxicant.
(1) Crimes for which the law imposes, as a maximum possible punishment, a fine of less than five hundred dollars ($500) and no imprisonment; and
(2) Violations of the motor vehicle laws, except driving under the influence of an intoxicant as prohibited by § 55-10-401 , or reckless driving as prohibited by § 55-10-205 , where the reckless driving was proximately caused by the use of an intoxicant.
(f) Whether a person convicted of a crime is exempted from payment of the assessment imposed by this section shall be determined by the offense for which the person was convicted and the maximum possible sentence authorized by law for the offense, rather than the sentence the person actually receives.
(g) (1) The victims assistance assessment shall be subject to § 8-21-401 or § 8-21-409 and shall be in addition to all other taxes, costs, and fines. The first three dollars ($3.00) of each assessment shall be paid to the clerk of the court imposing the assessment for processing and handling. The remaining forty-two dollars ($42.00) shall be transmitted to the county in which the offense occurred, for the exclusive use of the victims assistance program previously designated by the county legislative body. (2) Upon transmittal to the victims program in the county, all funds collected pursuant to this section shall be used to defray the costs of providing the services to victims of crime designated by the program's mission statement and guidelines.
(1) The victims assistance assessment shall be subject to § 8-21-401 or § 8-21-409 and shall be in addition to all other taxes, costs, and fines. The first three dollars ($3.00) of each assessment shall be paid to the clerk of the court imposing the assessment for processing and handling. The remaining forty-two dollars ($42.00) shall be transmitted to the county in which the offense occurred, for the exclusive use of the victims assistance program previously designated by the county legislative body.
(2) Upon transmittal to the victims program in the county, all funds collected pursuant to this section shall be used to defray the costs of providing the services to victims of crime designated by the program's mission statement and guidelines.
(h) Nothing in this section shall be construed to prevent a county from funding more than one (1) program to assist victims of crime; provided, that no such program may be funded unless the provider organization offers services to victims of crime free of charge.
Acts 2006, ch. 627, §1; 2008 , ch. 880, §1; 2011 , ch. 305, § 1.
Tenn. Code Ann. § 40-7-102 — TN Code / Title 40 / Chapter 7 / Section 40-7-102
Offense in presence of magistrate
Status: in_force

When a public offense is committed in the presence of a magistrate, the magistrate may, by verbal or written order, command any person to arrest the offender, and then proceed as if the offender had been brought before the magistrate on a warrant of arrest. Code 1858, § 5036; Shan., § 6996; Code 1932, § 11535; T.C.A. (orig. ed.), § 40-802.
When a public offense is committed in the presence of a magistrate, the magistrate may, by verbal or written order, command any person to arrest the offender, and then proceed as if the offender had been brought before the magistrate on a warrant of arrest.
Code 1858, § 5036; Shan., § 6996; Code 1932, § 11535; T.C.A. (orig. ed.), § 40-802.
Tenn. Code Ann. § 40-30-120 — TN Code / Title 40 / Chapter 30 / Section 40-30-120
Stays of execution when petitioner is under sentence of death
Status: in_force

(a) When affirming a conviction and sentence of death on direct appeal, the Tennessee supreme court shall contemporaneously set a date for an execution. The date shall be no less than four (4) months from the date of the judgment of the Tennessee supreme court. Upon the filing of a petition for post-conviction relief, the court in which the conviction occurred shall issue a stay of the execution date that shall continue in effect for the duration of any appeals or until the post-conviction action is otherwise final. The execution date shall not be stayed prior to the filing of a petition for post-conviction relief except upon a showing by the petitioner of the petitioner's inability to file a petition prior to the execution date and that the inability is justified by extraordinary circumstances beyond the petitioner's control. (b) Where the petitioner is under a sentence of death and the petition is not the first petition under this part attacking that judgment, or a motion to reopen has been filed, no court may stay the execution unless a court of competent jurisdiction first finds that a motion to reopen that meets the requirements set out in § 40-30-117 has been granted. (c) The mere satisfaction of the requirements of subsection (b) shall not automatically result in a stay. In order to obtain a stay, an applicant must show that upon the court's consideration of the petition there is a significant possibility that the death sentence will be invalidated and that there is a significant possibility that the death sentence will be carried out before consideration of the petition is concluded. (d) Any motion for stay pending consideration of the post-conviction petition must be presented first to the court where the petition is filed. The decision of the court shall be reviewable by the court of criminal appeals upon the filing of a motion for review. Either party may seek review. The lower court's determination shall not be set aside unless the movant demonstrates an abuse of discretion. The action of the court of criminal appeals shall likewise be reviewable upon the filing of a motion for review in the Tennessee supreme court. Either party may seek review. The determination of the court of criminal appeals shall not be set aside unless the movant demonstrates an abuse of discretion. (e) Each motion for stay, or motion for review, shall be filed in writing with the clerk of the court to whom the motion is directed. The clerk shall immediately refer the matter to the court. Each motion shall be served upon opposing counsel in the most expeditious manner practicable. The motion shall recite that opposing counsel has been served and in what manner. Oral requests directed to a judge are prohibited unless, owing to emergency circumstances, the filing of a written motion is impractical. In that event, counsel initiating the contact shall orally notify opposing counsel prior to the contact. (f) Motions for review may be acted upon by a single judge of the appellate court. The judge may, in lieu thereof, refer the motion to the court. In the court of criminal appeals, the reference will be to a three (3) judge panel of the court in the grand division where the motion is filed. Review shall be made promptly within five (5) days or within a shorter period as necessary to preclude the issue from becoming moot, whether by a single judge or by the court. Oral argument shall not be permitted unless the court otherwise directs. Opposing counsel shall have a right to file a written response to the motion within three (3) days of the service of the motion. If time does not permit the filing of a written response, the court shall ascertain the position of opposing counsel by other means which may include a telephone conference. The court may consider the last-minute nature of an application to stay execution by resolving against the petitioner any doubts and uncertainties as to the sufficiency of the petitioner's submission. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-220.
(a) When affirming a conviction and sentence of death on direct appeal, the Tennessee supreme court shall contemporaneously set a date for an execution. The date shall be no less than four (4) months from the date of the judgment of the Tennessee supreme court. Upon the filing of a petition for post-conviction relief, the court in which the conviction occurred shall issue a stay of the execution date that shall continue in effect for the duration of any appeals or until the post-conviction action is otherwise final. The execution date shall not be stayed prior to the filing of a petition for post-conviction relief except upon a showing by the petitioner of the petitioner's inability to file a petition prior to the execution date and that the inability is justified by extraordinary circumstances beyond the petitioner's control.
(b) Where the petitioner is under a sentence of death and the petition is not the first petition under this part attacking that judgment, or a motion to reopen has been filed, no court may stay the execution unless a court of competent jurisdiction first finds that a motion to reopen that meets the requirements set out in § 40-30-117 has been granted.
(c) The mere satisfaction of the requirements of subsection (b) shall not automatically result in a stay. In order to obtain a stay, an applicant must show that upon the court's consideration of the petition there is a significant possibility that the death sentence will be invalidated and that there is a significant possibility that the death sentence will be carried out before consideration of the petition is concluded.
(d) Any motion for stay pending consideration of the post-conviction petition must be presented first to the court where the petition is filed. The decision of the court shall be reviewable by the court of criminal appeals upon the filing of a motion for review. Either party may seek review. The lower court's determination shall not be set aside unless the movant demonstrates an abuse of discretion. The action of the court of criminal appeals shall likewise be reviewable upon the filing of a motion for review in the Tennessee supreme court. Either party may seek review. The determination of the court of criminal appeals shall not be set aside unless the movant demonstrates an abuse of discretion.
(e) Each motion for stay, or motion for review, shall be filed in writing with the clerk of the court to whom the motion is directed. The clerk shall immediately refer the matter to the court. Each motion shall be served upon opposing counsel in the most expeditious manner practicable. The motion shall recite that opposing counsel has been served and in what manner. Oral requests directed to a judge are prohibited unless, owing to emergency circumstances, the filing of a written motion is impractical. In that event, counsel initiating the contact shall orally notify opposing counsel prior to the contact.
(f) Motions for review may be acted upon by a single judge of the appellate court. The judge may, in lieu thereof, refer the motion to the court. In the court of criminal appeals, the reference will be to a three (3) judge panel of the court in the grand division where the motion is filed. Review shall be made promptly within five (5) days or within a shorter period as necessary to preclude the issue from becoming moot, whether by a single judge or by the court. Oral argument shall not be permitted unless the court otherwise directs. Opposing counsel shall have a right to file a written response to the motion within three (3) days of the service of the motion. If time does not permit the filing of a written response, the court shall ascertain the position of opposing counsel by other means which may include a telephone conference. The court may consider the last-minute nature of an application to stay execution by resolving against the petitioner any doubts and uncertainties as to the sufficiency of the petitioner's submission.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-220.
Tenn. Code Ann. § 40-28-604 — TN Code / Title 40 / Chapter 28 / Section 40-28-604
Probation and parole officers - Qualifications
Status: in_force

No person shall be eligible for the position of probation and parole officer who has not received a bachelor's degree from an accredited college or university or had at least four (4) years of qualifying full-time professional experience. As used in this section, "qualifying full-time professional experience" includes law enforcement experience. Amended by 2023 Tenn. Acts, ch. 358, s 1, eff. 5/5/2023. Acts 2012 , ch. 727, § 43.
No person shall be eligible for the position of probation and parole officer who has not received a bachelor's degree from an accredited college or university or had at least four (4) years of qualifying full-time professional experience. As used in this section, "qualifying full-time professional experience" includes law enforcement experience.
Amended by 2023 Tenn. Acts, ch. 358, s 1, eff. 5/5/2023.
Acts 2012 , ch. 727, § 43.
Tenn. Code Ann. § 40-28-123 — TN Code / Title 40 / Chapter 28 / Section 40-28-123
Felony committed by parolee or prisoner assigned to release program - Signed acknowledgement prerequisite to participation in release programs
Status: in_force

(a) Any prisoner who is convicted in this state of a felony, committed while on parole from a state prison, jail or workhouse, shall serve the remainder of the sentence under which the prisoner was paroled, or part of that sentence, as the board may determine before the prisoner commences serving the sentence received for the felony committed while on parole. If any prisoner while on parole from a state prison, jail or workhouse commits a crime under the laws of another state government or country which, if committed within this state, would be a felony, and is convicted of the crime, the director of probation and parole shall arrange for the return of the prisoner through the terms of the interstate compact. The board shall require that the prisoner serve the portion remaining of the maximum term of sentence or part of that sentence as the board may determine. The board, at its discretion, may recommend to the commissioner of correction the removal of all or any part of the good and honor time and incentive time accrued on the sentence under which the prisoner was paroled. (b) (1) Any prisoner who is convicted in this state of any felony except escape, and when the felony is committed while the prisoner is assigned to any work release, educational release, restitution release or other program whereby the prisoner enjoys the privilege of supervised release into the community, including, but not limited to, participation in any programs authorized by § 41-21-208 or § 41-21-227 , the prisoner shall serve the remainder of the term without benefit of parole eligibility or further participation in any of these programs. The department shall have the authority to penalize or punish prisoners who escape from any of the above programs in accordance with department policy. (2) As a prerequisite to any inmate's placement in a program described in subdivision (b)(1), the department shall read and provide the inmate with a copy of subdivision (b)(1). The inmate shall then give written acknowledgement of receipt of the copy and shall signify comprehension of the provisions contained in it. A permanent file, hardcopy or electronic, of these acknowledgements shall be maintained by the department. Acts 1937, ch. 276, § 13; C. Supp. 1950, § 11818.13 (Williams, § 11843.13); Acts 1961, ch. 289, § 1; 1974, ch. 624, § 9; 1978, ch. 794, § 1; 1979, ch. 359, § 23; T.C.A. (orig. ed.), § 40-3620; Acts 1985, ch. 220, § 1; 1989, ch. 227, §§ 43, 44; 1998, ch. 1049, §§ 24, 25; 2012 , ch. 727, § 31.
(a) Any prisoner who is convicted in this state of a felony, committed while on parole from a state prison, jail or workhouse, shall serve the remainder of the sentence under which the prisoner was paroled, or part of that sentence, as the board may determine before the prisoner commences serving the sentence received for the felony committed while on parole. If any prisoner while on parole from a state prison, jail or workhouse commits a crime under the laws of another state government or country which, if committed within this state, would be a felony, and is convicted of the crime, the director of probation and parole shall arrange for the return of the prisoner through the terms of the interstate compact. The board shall require that the prisoner serve the portion remaining of the maximum term of sentence or part of that sentence as the board may determine. The board, at its discretion, may recommend to the commissioner of correction the removal of all or any part of the good and honor time and incentive time accrued on the sentence under which the prisoner was paroled.
(b) (1) Any prisoner who is convicted in this state of any felony except escape, and when the felony is committed while the prisoner is assigned to any work release, educational release, restitution release or other program whereby the prisoner enjoys the privilege of supervised release into the community, including, but not limited to, participation in any programs authorized by § 41-21-208 or § 41-21-227 , the prisoner shall serve the remainder of the term without benefit of parole eligibility or further participation in any of these programs. The department shall have the authority to penalize or punish prisoners who escape from any of the above programs in accordance with department policy. (2) As a prerequisite to any inmate's placement in a program described in subdivision (b)(1), the department shall read and provide the inmate with a copy of subdivision (b)(1). The inmate shall then give written acknowledgement of receipt of the copy and shall signify comprehension of the provisions contained in it. A permanent file, hardcopy or electronic, of these acknowledgements shall be maintained by the department.
(1) Any prisoner who is convicted in this state of any felony except escape, and when the felony is committed while the prisoner is assigned to any work release, educational release, restitution release or other program whereby the prisoner enjoys the privilege of supervised release into the community, including, but not limited to, participation in any programs authorized by § 41-21-208 or § 41-21-227 , the prisoner shall serve the remainder of the term without benefit of parole eligibility or further participation in any of these programs. The department shall have the authority to penalize or punish prisoners who escape from any of the above programs in accordance with department policy.
(2) As a prerequisite to any inmate's placement in a program described in subdivision (b)(1), the department shall read and provide the inmate with a copy of subdivision (b)(1). The inmate shall then give written acknowledgement of receipt of the copy and shall signify comprehension of the provisions contained in it. A permanent file, hardcopy or electronic, of these acknowledgements shall be maintained by the department.
Acts 1937, ch. 276, § 13; C. Supp. 1950, § 11818.13 (Williams, § 11843.13); Acts 1961, ch. 289, § 1; 1974, ch. 624, § 9; 1978, ch. 794, § 1; 1979, ch. 359, § 23; T.C.A. (orig. ed.), § 40-3620; Acts 1985, ch. 220, § 1; 1989, ch. 227, §§ 43, 44; 1998, ch. 1049, §§ 24, 25; 2012 , ch. 727, § 31.
Tenn. Code Ann. § 40-38-303 — TN Code / Title 40 / Chapter 38 / Section 40-38-303
Victim's immunity from suit except for testimony that is intentionally and maliciously false and defamatory
Status: in_force

(a) In order for a victim of crime to meaningfully exercise the victim's constitutional right to be heard, when relevant, at all critical stages of the criminal justice process, a victim is immune from civil liability or any civil cause of action brought by the offender that arises from the victim's testimony at the offender's hearing before the board of parole or a panel of the board. The immunity from suit shall not apply if the victim's testimony is intentionally and maliciously false and defamatory. (b) (1) If the offender brings a cause of action against the victim based upon the victim's testimony before the board of parole or a panel of the board, in spite of the immunity conferred by subsection (a), as an attachment to the complaint, the offender shall proffer all statements made by the victim alleged to be intentionally and maliciously false and defamatory. Within five (5) days the court shall examine the offender's complaint to determine if the statements of the victim proffered by the offender could reasonably be construed as sufficient to overcome the victim's immunity conferred by this section. (2) If the court finds that the victim's statements to the board of parole or a panel of the board may reasonably be construed as intentionally and maliciously false and defamatory, it shall allow the cause of action to proceed. (3) If the court finds that the offender has not produced sufficient evidence to overcome the victim's immunity conferred by subsection (a), it shall dismiss the cause of action with prejudice. (4) If the court finds that, not only was the action without merit but was brought for the purpose of intimidating, harassing or abusing the victim in violation of the Constitution of Tennessee, Article I, § 35, it: (A) Shall notify the appropriate warden of the offender's institution and recommend disciplinary action against the offender, including the loss of sentence reduction credits; and (B) May prohibit the offender from filing any future actions of a similar nature in the court. Acts 2009, ch. 50, § 1.
(a) In order for a victim of crime to meaningfully exercise the victim's constitutional right to be heard, when relevant, at all critical stages of the criminal justice process, a victim is immune from civil liability or any civil cause of action brought by the offender that arises from the victim's testimony at the offender's hearing before the board of parole or a panel of the board. The immunity from suit shall not apply if the victim's testimony is intentionally and maliciously false and defamatory.
(b) (1) If the offender brings a cause of action against the victim based upon the victim's testimony before the board of parole or a panel of the board, in spite of the immunity conferred by subsection (a), as an attachment to the complaint, the offender shall proffer all statements made by the victim alleged to be intentionally and maliciously false and defamatory. Within five (5) days the court shall examine the offender's complaint to determine if the statements of the victim proffered by the offender could reasonably be construed as sufficient to overcome the victim's immunity conferred by this section. (2) If the court finds that the victim's statements to the board of parole or a panel of the board may reasonably be construed as intentionally and maliciously false and defamatory, it shall allow the cause of action to proceed. (3) If the court finds that the offender has not produced sufficient evidence to overcome the victim's immunity conferred by subsection (a), it shall dismiss the cause of action with prejudice. (4) If the court finds that, not only was the action without merit but was brought for the purpose of intimidating, harassing or abusing the victim in violation of the Constitution of Tennessee, Article I, § 35, it: (A) Shall notify the appropriate warden of the offender's institution and recommend disciplinary action against the offender, including the loss of sentence reduction credits; and (B) May prohibit the offender from filing any future actions of a similar nature in the court.
(1) If the offender brings a cause of action against the victim based upon the victim's testimony before the board of parole or a panel of the board, in spite of the immunity conferred by subsection (a), as an attachment to the complaint, the offender shall proffer all statements made by the victim alleged to be intentionally and maliciously false and defamatory. Within five (5) days the court shall examine the offender's complaint to determine if the statements of the victim proffered by the offender could reasonably be construed as sufficient to overcome the victim's immunity conferred by this section.
(2) If the court finds that the victim's statements to the board of parole or a panel of the board may reasonably be construed as intentionally and maliciously false and defamatory, it shall allow the cause of action to proceed.
(3) If the court finds that the offender has not produced sufficient evidence to overcome the victim's immunity conferred by subsection (a), it shall dismiss the cause of action with prejudice.
(4) If the court finds that, not only was the action without merit but was brought for the purpose of intimidating, harassing or abusing the victim in violation of the Constitution of Tennessee, Article I, § 35, it: (A) Shall notify the appropriate warden of the offender's institution and recommend disciplinary action against the offender, including the loss of sentence reduction credits; and (B) May prohibit the offender from filing any future actions of a similar nature in the court.
(A) Shall notify the appropriate warden of the offender's institution and recommend disciplinary action against the offender, including the loss of sentence reduction credits; and
(B) May prohibit the offender from filing any future actions of a similar nature in the court.
Acts 2009, ch. 50, § 1.
Tenn. Code Ann. § 40-9-113 — TN Code / Title 40 / Chapter 9 / Section 40-9-113
Acts resulting in crime in state in which accused is not present
Status: in_force

The governor of this state may surrender, on demand of the executive authority of any other state, any person in this state charged in that other state in the manner provided in § 40-9-112 with committing an act in this state, or in a third state, intentionally resulting in crime in the state whose executive authority is making the demand. The provisions of this chapter not otherwise inconsistent shall apply to such cases, notwithstanding that the accused was not in that state at the time of the commission of the crime, and has not fled therefrom. Acts 1951, ch. 240, § 6 (Williams, § 11935.6); T.C.A. (orig. ed.), § 40-1013.
The governor of this state may surrender, on demand of the executive authority of any other state, any person in this state charged in that other state in the manner provided in § 40-9-112 with committing an act in this state, or in a third state, intentionally resulting in crime in the state whose executive authority is making the demand. The provisions of this chapter not otherwise inconsistent shall apply to such cases, notwithstanding that the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
Acts 1951, ch. 240, § 6 (Williams, § 11935.6); T.C.A. (orig. ed.), § 40-1013.
Tenn. Code Ann. § 40-17-103 — TN Code / Title 40 / Chapter 17 / Section 40-17-103
Failure of defendant to testify
Status: in_force

The failure of the party defendant to make a request to testify and to testify in the defendant's own behalf shall not create any presumption against the defendant. Acts 1887, ch. 79, § 2; Shan., § 5601; Code 1932, § 9783; T.C.A. (orig. ed.), § 40-2403.
The failure of the party defendant to make a request to testify and to testify in the defendant's own behalf shall not create any presumption against the defendant.
Acts 1887, ch. 79, § 2; Shan., § 5601; Code 1932, § 9783; T.C.A. (orig. ed.), § 40-2403.
Tenn. Code Ann. § 40-3-210 — TN Code / Title 40 / Chapter 3 / Section 40-3-210
Existing laws not repealed - Fees additional
Status: repealed

This part does not repeal any existing statute and the fees described in this part shall be in addition to those already provided by law. Acts 1984, ch. 998, § 11.
This part does not repeal any existing statute and the fees described in this part shall be in addition to those already provided by law.
Acts 1984, ch. 998, § 11.
Tenn. Code Ann. § 40-13-205 — TN Code / Title 40 / Chapter 13 / Section 40-13-205
Description of common law crimes
Status: in_force

In an indictment for an offense which was indictable at common law, the offense may be charged or described substantially as at common law; or it will be sufficient to describe the offense according to the general rules laid down in this chapter. Code 1858, §§ 5119, 5120 (deriv. Acts 1829, ch. 23, § 72); Shan., §§ 7082, 7083; mod. Code 1932, § 11627; T.C.A. (orig. ed.), § 40-1805.
In an indictment for an offense which was indictable at common law, the offense may be charged or described substantially as at common law; or it will be sufficient to describe the offense according to the general rules laid down in this chapter.
Code 1858, §§ 5119, 5120 (deriv. Acts 1829, ch. 23, § 72); Shan., §§ 7082, 7083; mod. Code 1932, § 11627; T.C.A. (orig. ed.), § 40-1805.
Tenn. Code Ann. § 40-33-202 — TN Code / Title 40 / Chapter 33 / Section 40-33-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Applicable agency" means the agency, board, commission or department charged by law or permitted by agreement with conducting the forfeiture proceeding for the particular property seized; and (2) "Secured party" means the holder of a security interest in the seized property acquired in the ordinary course of business within the meaning of § 47-9-102(a) and shall include a recourse party under the terms of a financing agreement. Acts 1994, ch. 925, § 1; 2000, ch. 846, § 27.
As used in this part, unless the context otherwise requires:
(1) "Applicable agency" means the agency, board, commission or department charged by law or permitted by agreement with conducting the forfeiture proceeding for the particular property seized; and
(2) "Secured party" means the holder of a security interest in the seized property acquired in the ordinary course of business within the meaning of § 47-9-102(a) and shall include a recourse party under the terms of a financing agreement.
Acts 1994, ch. 925, § 1; 2000, ch. 846, § 27.
Tenn. Code Ann. § 40-25-124 — TN Code / Title 40 / Chapter 25 / Section 40-25-124
Costs where several defendants
Status: in_force

It is the duty of the district attorney general to include in one (1) bill of indictment or presentment all persons engaged in the same offense, and the costs shall be taxed as one (1) suit, unless the defendants sever in their trial, and, in that event, the costs are taxed as two (2) or more suits, according to the nature of the case. Code 1858, § 5568 (deriv. Acts 1843-1844, ch. 215, § 11); Shan., §7592; Code 1932, § 12219; modified; T.C.A. (orig. ed.), § 40-3326.
It is the duty of the district attorney general to include in one (1) bill of indictment or presentment all persons engaged in the same offense, and the costs shall be taxed as one (1) suit, unless the defendants sever in their trial, and, in that event, the costs are taxed as two (2) or more suits, according to the nature of the case.
Code 1858, § 5568 (deriv. Acts 1843-1844, ch. 215, § 11); Shan., §7592; Code 1932, § 12219; modified; T.C.A. (orig. ed.), § 40-3326.
Tenn. Code Ann. § 40-11-318 — TN Code / Title 40 / Chapter 11 / Section 40-11-318
Bounty hunting
Status: in_force

(a) "Bounty hunting" means a person acting as an agent of a professional bondsman who attempts to take or takes into custody a person who has failed to appear in court and whose bond has been forfeited, for a fee, the payment of which is contingent upon the taking of a person into custody and returning the person to the custody of the professional bondsman for whom the bounty hunter works. "Bounty hunting" does not include the taking into custody of a person by a professional bondsman if the professional bondsman is arresting a person with whom the professional bondsman, or the company or surety for whom the professional bondsman acts as an approved agent, has contracted. (b) (1) The following persons are prohibited from serving as a bounty hunter in this state: (A) A person who has been convicted of a felony in any state; or (B) A person who has been convicted of two (2) or more Class A or Class B misdemeanors in this state, or equivalent offenses in any other state, within the past five (5) years. (2) A violation of subdivision (b)(1) is a Class A misdemeanor. (c) Before a bounty hunter takes into custody any person who has failed to appear in court, the bounty hunter shall comply with § 40-11-401 , make a good faith effort to verify the person's address, and present to the office of the appropriate law enforcement officer of the political subdivision where the taking will occur: (1) A certified copy of the underlying criminal process against the defendant; (2) A certified copy of the bond or capias; (3) Proper credentials from a professional bondsman in Tennessee verifying that the bounty hunter is an agent of a professional bondsman; and (4) A pocket card, with identifying photo, certifying that the bounty hunter has completed the training required by § 40-11-401 . (d) Failure to present all of the proper credentials as specified in this section to the office of the appropriate law enforcement officer prior to taking any person into custody shall be punishable as a Class A misdemeanor. (e) A professional bondsman, who knowingly employs a convicted felon to act as an agent of the bondsman for purposes of taking into custody a person who failed to appear in court, commits a Class A misdemeanor. (f) Any resident of this state who is a United States citizen and who intends to perform the functions of a bounty hunter as defined in subsection (a), shall submit to a criminal history background check as provided by § 38-6-109 at the sheriff's office at the county of the person's permanent residence. The person requesting the criminal history background check shall be responsible for any fees associated with the background check. The criminal background check shall include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation (TBI) and the federal bureau of investigation (FBI). The sheriff's office shall maintain files in their respective counties on bounty hunters requesting a criminal history background check. A sheriff may charge a fee of not more than two hundred dollars ($200) for each background check performed pursuant to this subsection (f) and in addition to the background check fees payable to the TBI, the FBI and any designated vendor. (g) No bounty hunter shall wear, carry, or display any uniform, badge, shield, card, or other item with any printing, insignia, or emblem that purports to indicate or copies or resembles an item that indicates that such bounty hunter is an employee, officer, or agent of any local, state, or federal government or any political subdivision of any local, state, or federal government. Any time a bounty hunter is engaged in the functions of bounty hunting, the bounty hunter shall wear clothing that clearly identifies the person as a bounty hunter and prominently displays the words "bounty hunter". (h) Nothing in this section gives a bounty hunter legal defense or privilege to violate any traffic laws or criminal statutes. Amended by 2021 Tenn. Acts, ch. 520, Secs.s1, s2 eff. 5/25/2021. Amended by 2018 Tenn. Acts, ch. 885, s 1, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 826, Secs.s 2, s 3, s 4, s 5 eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 826, s 1, eff. 7/1/2018. Amended by 2014 Tenn. Acts, ch. 759, s 1, eff. 4/24/2014. Acts 1998, ch. 1019, § 1; 2001, ch. 430, § 1; 2011 , ch. 456, § 1.
(a) "Bounty hunting" means a person acting as an agent of a professional bondsman who attempts to take or takes into custody a person who has failed to appear in court and whose bond has been forfeited, for a fee, the payment of which is contingent upon the taking of a person into custody and returning the person to the custody of the professional bondsman for whom the bounty hunter works. "Bounty hunting" does not include the taking into custody of a person by a professional bondsman if the professional bondsman is arresting a person with whom the professional bondsman, or the company or surety for whom the professional bondsman acts as an approved agent, has contracted.
(b) (1) The following persons are prohibited from serving as a bounty hunter in this state: (A) A person who has been convicted of a felony in any state; or (B) A person who has been convicted of two (2) or more Class A or Class B misdemeanors in this state, or equivalent offenses in any other state, within the past five (5) years. (2) A violation of subdivision (b)(1) is a Class A misdemeanor.
(1) The following persons are prohibited from serving as a bounty hunter in this state: (A) A person who has been convicted of a felony in any state; or (B) A person who has been convicted of two (2) or more Class A or Class B misdemeanors in this state, or equivalent offenses in any other state, within the past five (5) years.
(A) A person who has been convicted of a felony in any state; or
(B) A person who has been convicted of two (2) or more Class A or Class B misdemeanors in this state, or equivalent offenses in any other state, within the past five (5) years.
(2) A violation of subdivision (b)(1) is a Class A misdemeanor.
(c) Before a bounty hunter takes into custody any person who has failed to appear in court, the bounty hunter shall comply with § 40-11-401 , make a good faith effort to verify the person's address, and present to the office of the appropriate law enforcement officer of the political subdivision where the taking will occur: (1) A certified copy of the underlying criminal process against the defendant; (2) A certified copy of the bond or capias; (3) Proper credentials from a professional bondsman in Tennessee verifying that the bounty hunter is an agent of a professional bondsman; and (4) A pocket card, with identifying photo, certifying that the bounty hunter has completed the training required by § 40-11-401 .
(1) A certified copy of the underlying criminal process against the defendant;
(2) A certified copy of the bond or capias;
(3) Proper credentials from a professional bondsman in Tennessee verifying that the bounty hunter is an agent of a professional bondsman; and
(4) A pocket card, with identifying photo, certifying that the bounty hunter has completed the training required by § 40-11-401 .
(d) Failure to present all of the proper credentials as specified in this section to the office of the appropriate law enforcement officer prior to taking any person into custody shall be punishable as a Class A misdemeanor.
(e) A professional bondsman, who knowingly employs a convicted felon to act as an agent of the bondsman for purposes of taking into custody a person who failed to appear in court, commits a Class A misdemeanor.
(f) Any resident of this state who is a United States citizen and who intends to perform the functions of a bounty hunter as defined in subsection (a), shall submit to a criminal history background check as provided by § 38-6-109 at the sheriff's office at the county of the person's permanent residence. The person requesting the criminal history background check shall be responsible for any fees associated with the background check. The criminal background check shall include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation (TBI) and the federal bureau of investigation (FBI). The sheriff's office shall maintain files in their respective counties on bounty hunters requesting a criminal history background check. A sheriff may charge a fee of not more than two hundred dollars ($200) for each background check performed pursuant to this subsection (f) and in addition to the background check fees payable to the TBI, the FBI and any designated vendor.
(g) No bounty hunter shall wear, carry, or display any uniform, badge, shield, card, or other item with any printing, insignia, or emblem that purports to indicate or copies or resembles an item that indicates that such bounty hunter is an employee, officer, or agent of any local, state, or federal government or any political subdivision of any local, state, or federal government. Any time a bounty hunter is engaged in the functions of bounty hunting, the bounty hunter shall wear clothing that clearly identifies the person as a bounty hunter and prominently displays the words "bounty hunter".
(h) Nothing in this section gives a bounty hunter legal defense or privilege to violate any traffic laws or criminal statutes.
Amended by 2021 Tenn. Acts, ch. 520, Secs.s1, s2 eff. 5/25/2021.
Amended by 2018 Tenn. Acts, ch. 885, s 1, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 826, Secs.s 2, s 3, s 4, s 5 eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 826, s 1, eff. 7/1/2018.
Amended by 2014 Tenn. Acts, ch. 759, s 1, eff. 4/24/2014.
Acts 1998, ch. 1019, § 1; 2001, ch. 430, § 1; 2011 , ch. 456, § 1.
Tenn. Code Ann. § 40-2-103 — TN Code / Title 40 / Chapter 2 / Section 40-2-103
Period of concealment of crime or absence from state
Status: in_force

No period during which the party charged conceals the fact of the crime, or during which the party charged was not usually and publicly resident within the state, is included in the period of limitation. Code 1858, §4988; Shan., § 6947; mod. Code 1932, § 11488; T.C.A. (orig. ed.), § 40-205.
No period during which the party charged conceals the fact of the crime, or during which the party charged was not usually and publicly resident within the state, is included in the period of limitation.
Code 1858, §4988; Shan., § 6947; mod. Code 1932, § 11488; T.C.A. (orig. ed.), § 40-205.
Tenn. Code Ann. § 40-36-301 — TN Code / Title 40 / Chapter 36 / Section 40-36-301
Eligibility for financial aid
Status: in_force

(a) A single county or a group of counties within a single judicial district shall be eligible for direct financial aid under this chapter. (b) A private agency may be eligible for direct financial aid under this chapter only in a county that has not established a local community corrections advisory board, and only after the county legislative body in the county has received notice that an application for direct financial aid has been made by a private agency and fails to establish a local community corrections advisory board within thirty (30) days; however, nothing in this chapter shall prohibit a private agency from receiving indirect financial aid for such a program through a local community corrections advisory board once the board is established by the county legislative body. (c) (1) Entities eligible for financial aid under this chapter and entering into agreements for the aid shall receive one hundred percent (100%) state funding with no local matching funds required for the estimated cost of the program; provided, that this section shall not prohibit the use of federal funds. In order to receive the funding, each eligible entity shall submit an application to the county commission in a form to be determined by the department of correction. (2) Agreements for the aid must contain a statement of the agreed to amount representing one hundred percent (100%) of the estimated cost of the program, or in lieu thereof, the specific formula or method or methods as to how the amount of the one hundred percent (100%) funding will be calculated. (d) Where a group of counties combine and submit a joint application for funds, the application shall contain a cooperative agreement indicating each jurisdiction's willingness to collaborate in the proposed program and to meet specific objectives. In addition, the multijurisdictional applications shall provide for the appointment of one (1) fiscal agent to coordinate the financial activities of the grant award. (e) A county legislative body that does not establish a local community corrections advisory board may request that the department of correction operate the program in that county. The department of correction shall establish an advisory council substantially similar in composition to the council described in § 40-36-201 , which shall advise the department of correction on program operations within that county. Acts 1985 (1st Ex. Sess.), ch. 3, § 9; 1986, ch. 731, § 2; 1988, ch. 552, § 1; 1994, ch. 820, § 1; 1998, ch. 1049, §§ 44 - 46; 2012, ch. 727, § 46.
(a) A single county or a group of counties within a single judicial district shall be eligible for direct financial aid under this chapter.
(b) A private agency may be eligible for direct financial aid under this chapter only in a county that has not established a local community corrections advisory board, and only after the county legislative body in the county has received notice that an application for direct financial aid has been made by a private agency and fails to establish a local community corrections advisory board within thirty (30) days; however, nothing in this chapter shall prohibit a private agency from receiving indirect financial aid for such a program through a local community corrections advisory board once the board is established by the county legislative body.
(c) (1) Entities eligible for financial aid under this chapter and entering into agreements for the aid shall receive one hundred percent (100%) state funding with no local matching funds required for the estimated cost of the program; provided, that this section shall not prohibit the use of federal funds. In order to receive the funding, each eligible entity shall submit an application to the county commission in a form to be determined by the department of correction. (2) Agreements for the aid must contain a statement of the agreed to amount representing one hundred percent (100%) of the estimated cost of the program, or in lieu thereof, the specific formula or method or methods as to how the amount of the one hundred percent (100%) funding will be calculated.
(1) Entities eligible for financial aid under this chapter and entering into agreements for the aid shall receive one hundred percent (100%) state funding with no local matching funds required for the estimated cost of the program; provided, that this section shall not prohibit the use of federal funds. In order to receive the funding, each eligible entity shall submit an application to the county commission in a form to be determined by the department of correction.
(2) Agreements for the aid must contain a statement of the agreed to amount representing one hundred percent (100%) of the estimated cost of the program, or in lieu thereof, the specific formula or method or methods as to how the amount of the one hundred percent (100%) funding will be calculated.
(d) Where a group of counties combine and submit a joint application for funds, the application shall contain a cooperative agreement indicating each jurisdiction's willingness to collaborate in the proposed program and to meet specific objectives. In addition, the multijurisdictional applications shall provide for the appointment of one (1) fiscal agent to coordinate the financial activities of the grant award.
(e) A county legislative body that does not establish a local community corrections advisory board may request that the department of correction operate the program in that county. The department of correction shall establish an advisory council substantially similar in composition to the council described in § 40-36-201 , which shall advise the department of correction on program operations within that county.
Acts 1985 (1st Ex. Sess.), ch. 3, § 9; 1986, ch. 731, § 2; 1988, ch. 552, § 1; 1994, ch. 820, § 1; 1998, ch. 1049, §§ 44 - 46; 2012, ch. 727, § 46.
Tenn. Code Ann. § 40-6-205 — TN Code / Title 40 / Chapter 6 / Section 40-6-205
Issuance of warrant
Status: in_force

(a) If the magistrate is satisfied from the written examination that there is probable cause to believe the offense complained of has been committed and that there is probable cause to believe the defendant has committed it, then the magistrate shall issue an arrest warrant. The finding of probable cause shall be based on evidence, which may be hearsay in whole or in part; provided, however, that there is a substantial basis for believing the source of the hearsay to be credible and for believing that there is a factual basis for the information furnished. (b) In determining whether to issue an arrest warrant pursuant to subsection (a), or a criminal summons pursuant to § 40-6-215 , the following shall apply: (1) If a single or multiple affiants are seeking a warrant of arrest for a felony or misdemeanor offense, and at least one (1) or more of the affiants is a law enforcement officer, as defined by § 39-11-106 , the magistrate shall issue an arrest warrant unless the law enforcement officer requests a summons be issued instead; (2) If a single or multiple affiants are seeking a warrant of arrest for a misdemeanor offense, as defined in § 39-11-110 , and none of the affiants is a law enforcement officer, as defined by § 39-11-106 , there is a presumption that the magistrate shall issue a criminal summons. The presumption is overcome if: (A) The affiant or affiants request a warrant, submit sufficient information demonstrating the need for a warrant, and the magistrate agrees that an arrest warrant should be issued instead of a summons; or (B) The magistrate finds an arrest warrant is necessary to prevent immediate danger to a victim of domestic abuse, sexual assault or stalking as defined in § 36-3-601 ; (3) If a single or multiple affiants are seeking a warrant of arrest for a felony offense as defined in § 39-11-110 , and none of the affiants is a law enforcement officer, as defined by § 39-11-106 , there is a presumption that the magistrate shall not issue either a criminal summons as provided in § 40-6-215 , or an arrest warrant. This presumption is overcome if the magistrate finds an arrest warrant is necessary to prevent immediate danger to a victim of domestic abuse, sexual assault or stalking as defined in § 36-3-601 . (c) Notwithstanding this section, if the affiant to an affidavit of complaint for an arrest warrant is the parent or legal guardian of a child who is the victim of alleged criminal conduct, no arrest warrant shall issue to the affiant without the written approval of the district attorney general in the district in which the conduct occurred if: (1) The person the affiant seeks to have arrested was an employee of a local education agency (LEA) at the time of the alleged offense; and (2) The affiant alleges that the LEA employee engaged in conduct that harmed the child of the affiant parent or legal guardian and, at the time of the conduct, the LEA employee had supervisory or disciplinary power over the child. Amended by 2014 Tenn. Acts, ch. 531,s 1, eff. 7/1/2014. Code 1858, § 5022; Shan., § 6981; Code 1932, § 11520; T.C.A. (orig. ed.), § 40-704; Acts 2003, ch. 366, § 3; 2004, ch. 889, § 1; 2005, ch. 482, § 3; 2009, ch. 390, § 1.
(a) If the magistrate is satisfied from the written examination that there is probable cause to believe the offense complained of has been committed and that there is probable cause to believe the defendant has committed it, then the magistrate shall issue an arrest warrant. The finding of probable cause shall be based on evidence, which may be hearsay in whole or in part; provided, however, that there is a substantial basis for believing the source of the hearsay to be credible and for believing that there is a factual basis for the information furnished.
(b) In determining whether to issue an arrest warrant pursuant to subsection (a), or a criminal summons pursuant to § 40-6-215 , the following shall apply: (1) If a single or multiple affiants are seeking a warrant of arrest for a felony or misdemeanor offense, and at least one (1) or more of the affiants is a law enforcement officer, as defined by § 39-11-106 , the magistrate shall issue an arrest warrant unless the law enforcement officer requests a summons be issued instead; (2) If a single or multiple affiants are seeking a warrant of arrest for a misdemeanor offense, as defined in § 39-11-110 , and none of the affiants is a law enforcement officer, as defined by § 39-11-106 , there is a presumption that the magistrate shall issue a criminal summons. The presumption is overcome if: (A) The affiant or affiants request a warrant, submit sufficient information demonstrating the need for a warrant, and the magistrate agrees that an arrest warrant should be issued instead of a summons; or (B) The magistrate finds an arrest warrant is necessary to prevent immediate danger to a victim of domestic abuse, sexual assault or stalking as defined in § 36-3-601 ; (3) If a single or multiple affiants are seeking a warrant of arrest for a felony offense as defined in § 39-11-110 , and none of the affiants is a law enforcement officer, as defined by § 39-11-106 , there is a presumption that the magistrate shall not issue either a criminal summons as provided in § 40-6-215 , or an arrest warrant. This presumption is overcome if the magistrate finds an arrest warrant is necessary to prevent immediate danger to a victim of domestic abuse, sexual assault or stalking as defined in § 36-3-601 .
(1) If a single or multiple affiants are seeking a warrant of arrest for a felony or misdemeanor offense, and at least one (1) or more of the affiants is a law enforcement officer, as defined by § 39-11-106 , the magistrate shall issue an arrest warrant unless the law enforcement officer requests a summons be issued instead;
(2) If a single or multiple affiants are seeking a warrant of arrest for a misdemeanor offense, as defined in § 39-11-110 , and none of the affiants is a law enforcement officer, as defined by § 39-11-106 , there is a presumption that the magistrate shall issue a criminal summons. The presumption is overcome if: (A) The affiant or affiants request a warrant, submit sufficient information demonstrating the need for a warrant, and the magistrate agrees that an arrest warrant should be issued instead of a summons; or (B) The magistrate finds an arrest warrant is necessary to prevent immediate danger to a victim of domestic abuse, sexual assault or stalking as defined in § 36-3-601 ;
(A) The affiant or affiants request a warrant, submit sufficient information demonstrating the need for a warrant, and the magistrate agrees that an arrest warrant should be issued instead of a summons; or
(B) The magistrate finds an arrest warrant is necessary to prevent immediate danger to a victim of domestic abuse, sexual assault or stalking as defined in § 36-3-601 ;
(3) If a single or multiple affiants are seeking a warrant of arrest for a felony offense as defined in § 39-11-110 , and none of the affiants is a law enforcement officer, as defined by § 39-11-106 , there is a presumption that the magistrate shall not issue either a criminal summons as provided in § 40-6-215 , or an arrest warrant. This presumption is overcome if the magistrate finds an arrest warrant is necessary to prevent immediate danger to a victim of domestic abuse, sexual assault or stalking as defined in § 36-3-601 .
(c) Notwithstanding this section, if the affiant to an affidavit of complaint for an arrest warrant is the parent or legal guardian of a child who is the victim of alleged criminal conduct, no arrest warrant shall issue to the affiant without the written approval of the district attorney general in the district in which the conduct occurred if: (1) The person the affiant seeks to have arrested was an employee of a local education agency (LEA) at the time of the alleged offense; and (2) The affiant alleges that the LEA employee engaged in conduct that harmed the child of the affiant parent or legal guardian and, at the time of the conduct, the LEA employee had supervisory or disciplinary power over the child.
(1) The person the affiant seeks to have arrested was an employee of a local education agency (LEA) at the time of the alleged offense; and
(2) The affiant alleges that the LEA employee engaged in conduct that harmed the child of the affiant parent or legal guardian and, at the time of the conduct, the LEA employee had supervisory or disciplinary power over the child.
Amended by 2014 Tenn. Acts, ch. 531,s 1, eff. 7/1/2014.
Code 1858, § 5022; Shan., § 6981; Code 1932, § 11520; T.C.A. (orig. ed.), § 40-704; Acts 2003, ch. 366, § 3; 2004, ch. 889, § 1; 2005, ch. 482, § 3; 2009, ch. 390, § 1.
Tenn. Code Ann. § 40-3-205 — TN Code / Title 40 / Chapter 3 / Section 40-3-205
Payment of fees
Status: in_force

The fees set out in § 40-3-204 shall be paid under the following circumstances: (1) In all cases where costs are paid by the defendant as a condition for dismissal of charges pursuant to a plea negotiation; (2) In all cases where the defendant agrees to pay the costs in exchange for a dismissal of charges; and (3) In all cases where the defendant is convicted before a judge or jury. Acts 1984, ch. 998, § 5.
The fees set out in § 40-3-204 shall be paid under the following circumstances:
(1) In all cases where costs are paid by the defendant as a condition for dismissal of charges pursuant to a plea negotiation;
(2) In all cases where the defendant agrees to pay the costs in exchange for a dismissal of charges; and
(3) In all cases where the defendant is convicted before a judge or jury.
Acts 1984, ch. 998, § 5.
Tenn. Code Ann. § 40-10-107 — TN Code / Title 40 / Chapter 10 / Section 40-10-107
Bond of witnesses
Status: in_force

On holding the defendant to answer, the magistrate shall take from each material witness examined by the magistrate on the part of the state a written undertaking, in the sum of two hundred fifty dollars ($250), to appear and testify, at the court at which the defendant is required to answer, on the second day of the term. Code 1858, §5067; Shan., § 7026; Code 1932, § 11566; T.C.A. (orig. ed.), § 40-1122.
On holding the defendant to answer, the magistrate shall take from each material witness examined by the magistrate on the part of the state a written undertaking, in the sum of two hundred fifty dollars ($250), to appear and testify, at the court at which the defendant is required to answer, on the second day of the term.
Code 1858, §5067; Shan., § 7026; Code 1932, § 11566; T.C.A. (orig. ed.), § 40-1122.
Tenn. Code Ann. § 40-3-101 — TN Code / Title 40 / Chapter 3 / Section 40-3-101
Methods enumerated
Status: in_force

No person shall be put to answer any criminal charge, but by presentment, indictment or impeachment; provided, that, in accordance with this chapter, an accused represented by an attorney may waive the right to be tried upon presentment or indictment and consent to prosecution by information. Code 1858, § 4989; Shan., § 6948; mod. Code 1932, § 11489; Acts 1975, ch. 258, § 1; T.C.A. (orig. ed.), § 40-301.
No person shall be put to answer any criminal charge, but by presentment, indictment or impeachment; provided, that, in accordance with this chapter, an accused represented by an attorney may waive the right to be tried upon presentment or indictment and consent to prosecution by information.
Code 1858, § 4989; Shan., § 6948; mod. Code 1932, § 11489; Acts 1975, ch. 258, § 1; T.C.A. (orig. ed.), § 40-301.
Tenn. Code Ann. § 40-2-102 — TN Code / Title 40 / Chapter 2 / Section 40-2-102
Misdemeanors
Status: in_force

(a) Except as provided in § 62-18-120(g) and subsection (b) of this section, all prosecutions for misdemeanors shall be commenced within the twelve (12) months after the offense has been committed, except gaming, which shall be commenced within six (6) months. (b) Prosecutions under § 39-16-301 for criminal impersonation accomplished through the use of a fraudulently obtained driver license shall be commenced within one (1) year of the date the driver license expires or within three (3) years of the date the nonexpired driver license was last used to falsely impersonate the person in whose name the driver license was issued, whichever is longer. Code 1858, § 4983 (deriv. Acts 1831, ch. 82); Shan., § 6942; mod. Code 1932, §11484; T.C.A. (orig. ed.), § 40-204; Acts 1985, ch. 146, §1; 1999, ch. 374, § 1.
(a) Except as provided in § 62-18-120(g) and subsection (b) of this section, all prosecutions for misdemeanors shall be commenced within the twelve (12) months after the offense has been committed, except gaming, which shall be commenced within six (6) months.
(b) Prosecutions under § 39-16-301 for criminal impersonation accomplished through the use of a fraudulently obtained driver license shall be commenced within one (1) year of the date the driver license expires or within three (3) years of the date the nonexpired driver license was last used to falsely impersonate the person in whose name the driver license was issued, whichever is longer.
Code 1858, § 4983 (deriv. Acts 1831, ch. 82); Shan., § 6942; mod. Code 1932, §11484; T.C.A. (orig. ed.), § 40-204; Acts 1985, ch. 146, §1; 1999, ch. 374, § 1.
Tenn. Code Ann. § 40-11-134 — TN Code / Title 40 / Chapter 11 / Section 40-11-134
Sheriff assisting bail bondsman or surety in arrest
Status: in_force

The bail bondsman or surety is also entitled to the aid of the sheriff of any county in this state in making the arrest, within the bounds of the sheriff's county, by producing a certified copy of the bail bond, and, in person or by agent, accompanying the officer to receive the person arrested. Acts 1978, ch. 506, § 32; T.C.A., § 40-1234.
The bail bondsman or surety is also entitled to the aid of the sheriff of any county in this state in making the arrest, within the bounds of the sheriff's county, by producing a certified copy of the bail bond, and, in person or by agent, accompanying the officer to receive the person arrested.
Acts 1978, ch. 506, § 32; T.C.A., § 40-1234.
Tenn. Code Ann. § 40-10-103 — TN Code / Title 40 / Chapter 10 / Section 40-10-103
Separation and exclusion of witnesses
Status: in_force

The magistrate may make any orders on the examination, in reference to keeping the witnesses separate and apart, or excluding the witnesses during the examination of other witnesses or of the defendant, that the magistrate may think best for the attainment of justice, and shall, on demand of either party, put all witnesses under the rule. Code 1858, §5061; Shan., § 7020; Code 1932, § 11559; T.C.A. (orig. ed.), § 40-1114.
The magistrate may make any orders on the examination, in reference to keeping the witnesses separate and apart, or excluding the witnesses during the examination of other witnesses or of the defendant, that the magistrate may think best for the attainment of justice, and shall, on demand of either party, put all witnesses under the rule.
Code 1858, §5061; Shan., § 7020; Code 1932, § 11559; T.C.A. (orig. ed.), § 40-1114.
Tenn. Code Ann. § 40-3-105 — TN Code / Title 40 / Chapter 3 / Section 40-3-105
Prosecution for same offense in both state and municipal court prohibited
Status: in_force

(a) Whenever the commission of any act or the omission to act under certain circumstances constitutes both a violation of state law and a violation of municipal law, notwithstanding the fact that different penalties are provided, no person shall be prosecuted in both a state court and a municipal court for the same offense. (b) A dismissal on the merits, acquittal or conviction of the offense in one (1) court, pleaded and shown, shall be a bar to prosecution for the offense in the other court. Acts 1971, ch. 183, § 1; 1972, ch. 659, § 1; T.C.A., § 40-305.
(a) Whenever the commission of any act or the omission to act under certain circumstances constitutes both a violation of state law and a violation of municipal law, notwithstanding the fact that different penalties are provided, no person shall be prosecuted in both a state court and a municipal court for the same offense.
(b) A dismissal on the merits, acquittal or conviction of the offense in one (1) court, pleaded and shown, shall be a bar to prosecution for the offense in the other court.
Acts 1971, ch. 183, § 1; 1972, ch. 659, § 1; T.C.A., § 40-305.
Tenn. Code Ann. § 40-6-212 — TN Code / Title 40 / Chapter 6 / Section 40-6-212
Execution outside county
Status: in_force

When the sheriff, deputy sheriff, coroner or any other officer of any county in this state has possession of a warrant or capias for the arrest of any person charged with the commission of a crime, it is lawful for the sheriff, deputy sheriff, coroner or any other officer to execute that process, and arrest the person so charged in any county in this state. "Sheriff" also includes "constable" in those counties enumerated in § 40-6-210 . Acts 1871, ch. 50, § 1; Shan., § 6989; Code 1932, § 11528; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; T.C.A. (orig. ed.), § 40-713.
When the sheriff, deputy sheriff, coroner or any other officer of any county in this state has possession of a warrant or capias for the arrest of any person charged with the commission of a crime, it is lawful for the sheriff, deputy sheriff, coroner or any other officer to execute that process, and arrest the person so charged in any county in this state. "Sheriff" also includes "constable" in those counties enumerated in § 40-6-210 .
Acts 1871, ch. 50, § 1; Shan., § 6989; Code 1932, § 11528; Acts 1969, ch. 160, § 3; 1969, ch. 319, §§ 3, 4; T.C.A. (orig. ed.), § 40-713.
Tenn. Code Ann. § 40-32-103 — TN Code / Title 40 / Chapter 32 / Section 40-32-103
Prior charges
Status: in_force

This chapter applies to those persons charged with a misdemeanor or a felony prior to July 1, 1973, if the person petitions to the court having jurisdiction in the previous action as provided in § 40-32-101 . Acts 1973, ch. 318, § 3; T.C.A., § 40-4003.
This chapter applies to those persons charged with a misdemeanor or a felony prior to July 1, 1973, if the person petitions to the court having jurisdiction in the previous action as provided in § 40-32-101 .
Acts 1973, ch. 318, § 3; T.C.A., § 40-4003.
Tenn. Code Ann. § 40-38-610 — TN Code / Title 40 / Chapter 38 / Section 40-38-610
Unlawful acts
Status: in_force

(a) A person who falsely attests in an application that disclosure of the confidential address would endanger the safety of the applicant, or the minor or person with a disability on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application commits perjury. (b) Any individual who knowingly discloses a program participant's confidential address, or any other confidential information belonging to a program participant, in violation of this part commits a Class A misdemeanor. Where the disclosure resulted in harm to the program participant, the resulting harm shall be considered an enhancement factor when determining any punishment imposed. (c) Any individual who knowingly obtains a program participant's confidential address, or any other confidential information belonging to a program participant, in violation of this part, knowing that the individual is not authorized to obtain the information, commits a Class A misdemeanor. Where the disclosure resulted in harm to the program participant, the resulting harm shall be considered an enhancement factor when determining any punishment imposed. Added by 2018 Tenn. Acts, ch. 1004,s 1, eff. 3/1/2019.
(a) A person who falsely attests in an application that disclosure of the confidential address would endanger the safety of the applicant, or the minor or person with a disability on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application commits perjury.
(b) Any individual who knowingly discloses a program participant's confidential address, or any other confidential information belonging to a program participant, in violation of this part commits a Class A misdemeanor. Where the disclosure resulted in harm to the program participant, the resulting harm shall be considered an enhancement factor when determining any punishment imposed.
(c) Any individual who knowingly obtains a program participant's confidential address, or any other confidential information belonging to a program participant, in violation of this part, knowing that the individual is not authorized to obtain the information, commits a Class A misdemeanor. Where the disclosure resulted in harm to the program participant, the resulting harm shall be considered an enhancement factor when determining any punishment imposed.
Added by 2018 Tenn. Acts, ch. 1004,s 1, eff. 3/1/2019.
Tenn. Code Ann. § 40-17-122 — TN Code / Title 40 / Chapter 17 / Section 40-17-122
Subpoenas - Rules of Criminal Procedure
Status: in_force

Rule 17 of the Rules of Criminal Procedure shall govern when a clerk or other authorized officer of the court is required to issue a subpoena in a criminal case in criminal court and the consequences of a person's refusal to appear, testify or produce evidence when subpoenaed shall be governed pursuant to that rule. If any local rule of court conflicts with Rule 17, Rule 17 shall prevail and the clerk or other authorized officer of the court shall issue subpoenas and the judge shall punish the refusal to respond to subpoenas in accordance with the rule. Acts 1997 , ch. 377, § 4.
Rule 17 of the Rules of Criminal Procedure shall govern when a clerk or other authorized officer of the court is required to issue a subpoena in a criminal case in criminal court and the consequences of a person's refusal to appear, testify or produce evidence when subpoenaed shall be governed pursuant to that rule. If any local rule of court conflicts with Rule 17, Rule 17 shall prevail and the clerk or other authorized officer of the court shall issue subpoenas and the judge shall punish the refusal to respond to subpoenas in accordance with the rule.
Acts 1997 , ch. 377, § 4.
Tenn. Code Ann. § 40-22-103 — TN Code / Title 40 / Chapter 22 / Section 40-22-103
Transmittal of documents and recommendations to commissioner
Status: in_force

It is the duty of the presiding judge, where the execution of sentence and judgment has been suspended, as provided by § 40-22-102 , to immediately transmit to the commissioner of correction and the board of parole a copy of the indictment or presentment, together with the judge's reasons for suspending the sentence and judgment, and any other recommendations as the judge may think proper to make. Acts 1915, ch. 135, § 2; Shan., § 7230a2; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11823; impl. am. Acts 1955, ch. 102, §1; Acts 1979, ch. 359, § 27; T.C.A. (orig. ed.), § 40-3003; Acts 1998, ch. 1049, § 20.
It is the duty of the presiding judge, where the execution of sentence and judgment has been suspended, as provided by § 40-22-102 , to immediately transmit to the commissioner of correction and the board of parole a copy of the indictment or presentment, together with the judge's reasons for suspending the sentence and judgment, and any other recommendations as the judge may think proper to make.
Acts 1915, ch. 135, § 2; Shan., § 7230a2; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11823; impl. am. Acts 1955, ch. 102, §1; Acts 1979, ch. 359, § 27; T.C.A. (orig. ed.), § 40-3003; Acts 1998, ch. 1049, § 20.
Tenn. Code Ann. § 40-29-108 — TN Code / Title 40 / Chapter 29 / Section 40-29-108
Liability of landlord for negligence in renting, leasing, or otherwise extending housing opportunities to person who has been previously convicted of criminal offense - Evidence of prior criminal conviction not admissible
Status: in_force

(a) In any proceeding on a claim against a landlord for negligence in renting, leasing, or otherwise extending housing opportunities to a person who has been previously convicted of a criminal offense, a landlord is not liable based solely upon the fact that the person has been previously convicted of a criminal offense. (b) In a cause of action against a landlord for negligence in renting, leasing, or otherwise extending housing opportunities to a person who has been previously convicted of a criminal offense, evidence that the person has been previously convicted of a criminal offense is not admissible. (c) Subsections (a) and (b) do not apply when: (1) The landlord had actual knowledge of the person's prior conviction for a violent offense, as defined in § 40-35-120(b) or a violent sexual offense, as defined in § 40-39-202 ; or (2) The landlord, having actual knowledge of the person's commission of a violent offense, as defined in § 40-35-120(b) , or a violent sexual offense, as defined in § 40-39-202 , after beginning of the person's tenancy, was willful in allowing the person to continue to rent, lease, or otherwise use housing opportunities. (d) This section does not create a cause of action or expand an existing cause of action. (e) The provisions of § 1-3-119 relative to implied rights of action apply to this section. (f) As used in this section, "landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which the unit is a part, the manager of the premises, and employees and agents of the owner, lessor, or sublessor. Added by 2021 Tenn. Acts, ch. 298, s 1, eff. 7/1/2021.
(a) In any proceeding on a claim against a landlord for negligence in renting, leasing, or otherwise extending housing opportunities to a person who has been previously convicted of a criminal offense, a landlord is not liable based solely upon the fact that the person has been previously convicted of a criminal offense.
(b) In a cause of action against a landlord for negligence in renting, leasing, or otherwise extending housing opportunities to a person who has been previously convicted of a criminal offense, evidence that the person has been previously convicted of a criminal offense is not admissible.
(c) Subsections (a) and (b) do not apply when: (1) The landlord had actual knowledge of the person's prior conviction for a violent offense, as defined in § 40-35-120(b) or a violent sexual offense, as defined in § 40-39-202 ; or (2) The landlord, having actual knowledge of the person's commission of a violent offense, as defined in § 40-35-120(b) , or a violent sexual offense, as defined in § 40-39-202 , after beginning of the person's tenancy, was willful in allowing the person to continue to rent, lease, or otherwise use housing opportunities.
(1) The landlord had actual knowledge of the person's prior conviction for a violent offense, as defined in § 40-35-120(b) or a violent sexual offense, as defined in § 40-39-202 ; or
(2) The landlord, having actual knowledge of the person's commission of a violent offense, as defined in § 40-35-120(b) , or a violent sexual offense, as defined in § 40-39-202 , after beginning of the person's tenancy, was willful in allowing the person to continue to rent, lease, or otherwise use housing opportunities.
(d) This section does not create a cause of action or expand an existing cause of action.
(e) The provisions of § 1-3-119 relative to implied rights of action apply to this section.
(f) As used in this section, "landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which the unit is a part, the manager of the premises, and employees and agents of the owner, lessor, or sublessor.
Added by 2021 Tenn. Acts, ch. 298, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 40-23-108 — TN Code / Title 40 / Chapter 23 / Section 40-23-108
Order specifying number of guards for removal of prisoners
Status: in_force

It is the duty of the criminal and circuit judges of this state, at the adjournment of their courts or earlier, if the number of persons convicted justify it, to make an order specifying the number of guards the sheriff shall have in conveying to the supreme court, or to the penitentiary, the person or persons convicted, in case the person so appointed for that purpose by the commissioner of correction fails to remove them as provided by law. Acts 1875, ch. 29; impl. am. Acts 1883, ch. 171, §28; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 10; impl. am. Acts 1915, ch. 20, §§ 2, 9; Shan., § 7243; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 11850; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 40-3111.
It is the duty of the criminal and circuit judges of this state, at the adjournment of their courts or earlier, if the number of persons convicted justify it, to make an order specifying the number of guards the sheriff shall have in conveying to the supreme court, or to the penitentiary, the person or persons convicted, in case the person so appointed for that purpose by the commissioner of correction fails to remove them as provided by law.
Acts 1875, ch. 29; impl. am. Acts 1883, ch. 171, §28; impl. am. Acts 1895 (Ex. Sess.), ch. 7, § 10; impl. am. Acts 1915, ch. 20, §§ 2, 9; Shan., § 7243; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 11850; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 40-3111.
Tenn. Code Ann. § 40-11-117 — TN Code / Title 40 / Chapter 11 / Section 40-11-117
Bail security required
Status: in_force

If the magistrate determines that a release on recognizance or with conditions will not reasonably ensure the safety of the community and the appearance of the defendant as required, then the magistrate must require bail to be given. Amended by 2024 Tenn. Acts, ch. 612,s 5, eff. 7/1/2024. Acts 1978, ch. 506, § 17; T.C.A., § 40-1217.
If the magistrate determines that a release on recognizance or with conditions will not reasonably ensure the safety of the community and the appearance of the defendant as required, then the magistrate must require bail to be given.
Amended by 2024 Tenn. Acts, ch. 612,s 5, eff. 7/1/2024.
Acts 1978, ch. 506, § 17; T.C.A., § 40-1217.