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TN Code § 40-12-106 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 1 - General Provisions|§ 40-12-106. Prosecution of Persons Applying to Testify Not Barred — Express Immunity

 Notwithstanding any contrary provisions of law, no person applying to testify before the grand jury shall be immune from prosecution based upon testimony subsequently given pursuant to the application, except under express grant of immunity by the grand jury.
TN Code § 40-12-107 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 1 - General Provisions|§ 40-12-107. Supplemental to Present Law

 Sections 40-12-104 — 40-12-106 are intended to supplement existing law relative to the rights, powers and duties involved in the grand jury process. Nothing in this part shall be construed in derogation of  existing law, absent plain and irreconcilable conflict with §§ 40-12-104 — 40-12-106.
TN Code § 40-12-202 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-202. Committee Review of Application

  Upon receipt or the making of an application for an investigative grand jury, the attorney general and reporter shall immediately notify the other members of the committee described in § 40-12-201.   The committee shall meet in person as soon as is reasonably possible to consider the application.   Consent to file the petition must be by unanimous vote of the committee.   The district attorney general shall be notified in writing of the committee's action on the application.
TN Code § 40-12-203 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-203. Filing of Petition

  Upon the receipt of written approval of the committee, the district attorney general may file a written petition with the clerk of the circuit court, or criminal court in counties where the court has been established, for the county where the criminal activity allegedly occurred to convene an investigative grand jury to consider the matters set forth in the petition.   The petition shall be made upon oath or affirmation and shall contain:  An allegation that one (1) or more of the offenses described in § 40-12-201 has occurred;   The basis of the district attorney general's knowledge of the commission of the offenses; and   Sufficient facts to establish probable cause to believe the crimes specified in the petition have been committed.     The petition shall also have appended to it the written consent of the committee which approved the filing of the petition.
TN Code § 40-12-204 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-204. Record of Filing

  Upon the filing of a petition to convene an investigative grand jury, the clerk shall mark the petition as filed, note the date and time of filing on the petition, and shall record the filing of the petition in records kept for proceedings under this part.   The clerk shall then immediately forward the petition to the presiding judge of the judicial district.
TN Code § 40-12-205 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-205. Grant or Denial of Petition

  Upon receipt of a petition to convene an investigative grand jury, the presiding judge shall consider the petition in camera.   Any oral argument before the judge by the district attorney general shall be in the sole discretion of the presiding judge.   The judge shall grant the petition if the judge finds that:  The crimes alleged to have taken place are among those set forth in § 40-12-201; and   There is probable cause to believe the criminal activity set forth in the petition has taken place.      The judge shall enter an order in writing respecting whether an investigative grand jury shall be convened.   The order will be filed by the clerk of the court and entered in records described in § 40-12-204.   The clerk shall forward a copy to the district attorney general.
TN Code § 40-12-206 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-206. Members — Powers

  The grand jury convened pursuant to this part shall consist of thirteen (13) members and up to five (5) alternates.   The alternates shall be present at all times during grand jury proceedings, but shall not take part in the deliberations or vote of the grand jury unless the alternate has been made a regular member of the grand jury upon motion of the district attorney general made to the court and alleging that a regular member is no longer able to serve.   Any grand jury ordered convened pursuant to this part shall be:  Impaneled by the presiding judge in the same manner as the regular grand jury;   Directed by the presiding judge to investigate the crimes specified in the petition; however, nothing in this subsection (c) shall be construed as preventing indictment for any offense found by the grand jury to have occurred in the course of its investigation; and   Retain all powers, duties and responsibilities of the regular grand jury.
TN Code § 40-12-207 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-207. Persons Present During Proceedings

 The district attorney general, the witness under examination, an interpreter when needed and, for the purpose of taking the evidence, a stenographer may be present while the investigative grand jury is in session, but no person other than jurors and alternates may be present while the grand jury is deliberating or voting.
TN Code § 40-12-208 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-208. Record of Proceedings

  All proceedings, except when the investigative grand jury is deliberating or voting, shall be recorded stenographically.   Any unintentional failure of any recording to reproduce all or any portion of a proceeding shall not affect the validity of the prosecution.   The recording, the reporter's notes or any transcript prepared from the recording or notes shall remain in the custody or control of the district attorney general unless otherwise ordered by the court in a particular case.
TN Code § 40-12-209 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-209. Confidentiality of Proceedings and Documents

   No person who by virtue of the person's official position has knowledge of the filing of an application for consent, the action of the committee on the application, the filing of a petition to convene an investigative grand jury, or any action on the petition, shall disclose that knowledge except in accordance with this section.   All written records of applications, committee action, petitions and orders are declared to be confidential and subject to disclosure only in accordance with this section.   A grand juror, an interpreter, a stenographer, a typist who transcribes recorded testimony, a district attorney general or any person to whom disclosure is made pursuant to this section, § 40-12-210 or § 40-12-212 shall not disclose matters occurring before the grand jury except in accordance with those sections. No obligation of secrecy may be imposed on any person except in accordance with this section.     Disclosure otherwise prohibited by this part of documents and proceedings before a grand jury convened under this part may be made to:  The district attorney general for use in the performance of the district attorney general's duty; and   Government personnel, including personnel of the federal government or a subdivision of the state, as those personnel are deemed necessary by the district attorney general to assist the district attorney general in the performance of the district attorney general's duties.      Any person to whom documents and proceedings before a grand jury convened under this part are disclosed under subdivision (b)(2) shall not utilize those documents or proceedings for any purpose other than assisting the district attorney general in the performance of the district attorney general's duties.   The district attorney general shall promptly notify the judge convening the grand jury pursuant to this part of the names of all persons to whom disclosure of grand jury documents or proceedings is made and shall certify that the district attorney general has advised the person of the person's obligation of secrecy under this part.
TN Code § 40-12-210 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-210. Conditions for Disclosure of Proceedings and Documents

 Disclosure of grand jury documents and proceedings may also be made under this part when:   Directed by a court preliminarily to or in connection with a judicial proceeding;   Disclosure is made by the district attorney general to another grand jury; or   Permitted by a court upon motion of the defendant showing grounds exist for a motion to dismiss the indictment because of matters occurring before the grand jury.
TN Code § 40-12-211 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-211. Breach of Confidentiality — Penalty

 A violation of § 40-12-209 shall be punished as criminal contempt.
TN Code § 40-12-212 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-212. Indictments

 The finding and return of indictments as well as the form of any indictment returned by a grand jury convened pursuant to this part shall be in the same manner and form as indictments returned by the regular grand jury.
TN Code § 40-12-213 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-213. Subpoena Power — Examination of Witnesses

 Notwithstanding any other provision of law to the contrary, when a grand jury is convened pursuant to this part, the district attorney general shall:   Have the authority to compel by subpoena the testimony of witnesses before the grand jury; and   Be present to examine witnesses coming before the grand jury, as well as to give legal advice to the grand jury as to matters cognizable by it.
TN Code § 40-12-214 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-214. Subpoenas to Banks Exempt From Notice Requirement

 Subpoenas issued pursuant to § 40-12-213(1) shall not be subject to the provisions of §§ 45-10-106 and 45-10-107 requiring notice to a bank customer of a subpoena issued to a bank for the records of a customer.
TN Code § 40-12-215 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-215. Grant of Immunity

  The district attorney general shall have the authority to grant transactional or use immunity to a witness if the district attorney general determines that immunity is necessary to compel testimony from the witness.   The immunity shall be given to the witness in writing and shall be signed by the district attorney general.   The immunity granted witnesses pursuant to Tennessee Rules of Criminal Procedure, Rule 6(j)(6) shall have no application to a grand jury convened pursuant to this part.
TN Code § 40-12-216 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-216. Witness' Right to Consult Counsel

 A witness before a grand jury convened pursuant to this part shall have the right to leave the grand jury room to consult the witness's counsel at reasonable intervals and for a reasonable period of time upon the request of the witness.
TN Code § 40-12-217 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-217. Dissolution — Extension of Time to Complete Investigation

  When a grand jury convened pursuant to this part has completed its investigation, the district attorney general shall promptly file a notice of dissolution with the clerk of the court where the petition seeking the grand jury's empanelling was filed.    Upon the filing of the notice required by subsection (a), the functions of the grand jury shall cease and it shall be considered dissolved.   In no event, except as provided in this section, shall a grand jury convened pursuant to this part remain impaneled for a period of time to exceed six (6) months from the day it is sworn.      Should a period of time exceeding six (6) months be necessary for the grand jury to complete its work, the district attorney general may file an application with the committee described in § 40-12-201 requesting permission to petition the empanelling judge for an extension of the grand jury for a period of time not to exceed six (6) months from the date the petition is granted.   The application shall specify why additional time is necessary for the completion of the investigation.   If the committee unanimously agrees that an extension of time is necessary, it shall grant written consent to petition the empanelling judge for an extension of the grand jury for the period requested.   This written consent shall accompany the petition to the empanelling judge who shall grant the petition if the judge finds an extension of time to be necessary for the grand jury to complete its investigation.   No more than two (2) six-month extensions may be obtained pursuant to this section.
TN Code § 40-12-218 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 12 - Grand Jury Proceedings|Part 2 - Investigative Grand Juries|§ 40-12-218. Construction of Part

 Unless explicitly provided for in this part, nothing in this part shall be construed as repealing or amending any law dealing with the formation, function, duties and responsibilities of the regular grand jury.
TN Code § 40-13-101 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 1 - General Provisions|§ 40-13-101. “Indictment” Defined

  An indictment is an accusation in writing presented by the grand jury of the county charging a person with an indictable offense.   Wherever in this code “indictment” is used, it shall be taken to include presentment whenever the context so requires or will permit.    Code 1932, §§ 10750, 11622; T.C.A. (orig. ed.), §§ 40-1701, 40-1702.
TN Code § 40-13-102 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 1 - General Provisions|§ 40-13-102. Offenses Indictable

 All felonies and all misdemeanors are indictable offenses.   Code 1932, § 11621; T.C.A. (orig. ed.), § 40-1703.
TN Code § 40-13-103 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 1 - General Provisions|§ 40-13-103. Prosecutor Required

 No district attorney general shall prefer a bill of indictment to the grand jury without a prosecutor marked on the bill or indictment, unless otherwise expressly provided by law.   Code 1858, § 5096 (deriv. Acts 1801, ch. 30, § 1); Shan., § 7058; Code 1932, § 11602; modified; T.C.A. (orig. ed.), § 40-1704.
TN Code § 40-13-105 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 1 - General Provisions|§ 40-13-105. Concurrence in True Bill

 An indictment cannot be found without the concurrence of at least twelve (12) grand jurors and, when so found, shall be endorsed a “true bill,” and the endorsement signed by the foreman.   Code 1858, § 5093; Shan., § 7055; Code 1932, § 11600; T.C.A. (orig. ed.), § 40-1706.
TN Code § 40-13-106 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 1 - General Provisions|§ 40-13-106. Endorsement When Indictment Not Found

 If twelve (12) grand jurors do not concur in finding an indictment, the fact may be made known by endorsing the words “Not found” or other words of the same purport on the papers signed by the foreman.   Code 1858, § 5094; Shan., § 7056; Code 1932, § 11601; T.C.A. (orig. ed.), § 40-1707.
TN Code § 40-13-107 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 1 - General Provisions|§ 40-13-107. Endorsement of Names of Witnesses

 It is the duty of the foreman of the grand jury to endorse on the indictment or, if it is a presentment, on the subpoena the names of the witnesses so sworn by the foreman and sign same officially, but the omission to endorse the names of those witnesses on the indictment or subpoena shall in no case invalidate the finding of the indictment or presentment, if the witnesses were, in point of fact, sworn by the foreman according to law.
TN Code § 40-13-108 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 1 - General Provisions|§ 40-13-108. Presentation of Indictment

 An indictment, when found by the grand jury and endorsed as prescribed by this part, shall be presented by the foreman to the clerk of the court who shall file the indictment as provided by law.   Code 1858, § 5098; Shan., § 7060; Code 1932, § 11604; T.C.A. (orig. ed.), § 40-1709; Acts 2003, ch. 64, § 1.   Law Reviews.   Discrimination in the Selection of the Grand Jury Foreman Requires Reversal, 9 Mem. St. U.L. Rev. 156.
TN Code § 40-13-109 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 1 - General Provisions|§ 40-13-109. Entry in Minutes of Felony Indictments

 All indictments for public offenses of the grade of felony, returned into court by the grand jury with the endorsement a “true bill” shall be entered by the clerk with the return in full on the minutes of the court and the originals compared with the entry by the judge before the judge signs the proceedings of the day.   Code 1858, § 5138 (deriv. Acts 1839-1840, ch. 105, §§ 1, 2); Shan., § 7101; Code 1932, § 11647; T.C.A. (orig. ed.), § 40-1710.
TN Code § 40-13-110 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 1 - General Provisions|§ 40-13-110. Copies of Minutes — New Indictment

  A copy of the minutes shall be as good and valid as the originals if, at any time, the latter are lost, destroyed, misplaced or purloined.   In the absence of the entry provided for in § 40-13-109, the court may, in any of the contingencies mentioned in subsection (a), on proof of the fact, direct a new indictment to be preferred at the term at which the proof is made or at a subsequent term.    Code 1858, §§ 5139, 5140 (deriv. Acts 1839-1840, ch. 105, § 1); Shan., §§ 7102, 7103; Code 1932, §§ 11648, 11649; T.C.A. (orig. ed.), §§ 40-1711, 40-1712.
TN Code § 40-13-111 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 1 - General Provisions|§ 40-13-111. Inspection of Indictment Before Arrest

 When an indictment is found against any person not in actual custody or who has not given bail to answer to the indictment, that indictment shall not be inspected by any person except the judge and clerk of the court and the district attorney general until the defendant has been arrested.   Code 1858, § 5099; Shan., § 7061; Code 1932, § 11605; T.C.A. (orig. ed.), § 40-1714.
TN Code § 40-13-112 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 1 - General Provisions|§ 40-13-112. Disclosure of Indictment Before Arrest

  No judge, attorney, clerk, other officer of the court or grand juror shall disclose the fact of any indictment found until the defendant has been arrested or given bail for appearance to answer the indictment; however, nothing in this section shall preclude law enforcement from releasing information contained within the indictment or the fact of the indictment for the purpose of apprehending the subject of the indictment.   A violation of subsection (a) is a Class A misdemeanor punishable, on conviction, as a Class A misdemeanor.   This section does not apply to any disclosure by the issuance of process.    Code 1858, §§ 5100, 5101; Shan., §§ 7062, 7063; Code 1932, §§ 11606, 11607; T.C.A. (orig. ed.), § 40-1715; Acts 1989, ch. 591, §§ 1, 6; 2008, ch. 643, § 1.
TN Code § 40-13-201 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 2 - Form and Sufficiency|§ 40-13-201. Form Generally

 An indictment must contain in the caption or body of the indictment, the name of the state, county and court; the term in and at which the indictment is preferred; and must conclude “against the peace and dignity of the state of Tennessee.”   Code 1932, § 11623; T.C.A. (orig. ed.), § 40-1801.
TN Code § 40-13-202 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 2 - Form and Sufficiency|§ 40-13-202. Statement of Offense

 The indictment must state the facts constituting the offense in ordinary and concise language, without prolixity or repetition, in a manner so as to enable a person of common understanding to know what is intended and with that degree of certainty which will enable the court, on conviction, to pronounce the proper judgment. In no case are the words “force and arms” or “contrary to the form of the statute” necessary.   Code 1858, §§ 5114, 5115; Shan., §§ 7077, 7078; mod. Code 1932, § 11624; T.C.A. (orig. ed.), § 40-1802.
TN Code § 40-13-203 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 2 - Form and Sufficiency|§ 40-13-203. Certainty as to Person Charged

 The indictment must be certain as to the person charged; but when the person's name is unknown to the grand jury, it may be so alleged without further identification or the person may be indicted under any name by which the person is generally known.   Code 1858, § 5116; Shan., § 7079; mod. Code 1932, § 11625; T.C.A. (orig. ed.), § 40-1803.
TN Code § 40-13-204 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 2 - Form and Sufficiency|§ 40-13-204. Presumptions and Matters of Judicial Notice

 Presumptions of law and matters of which judicial notice is taken need not be stated.   Code 1858, § 5118; Shan., § 7081; mod. Code 1932, § 11626; T.C.A. (orig. ed.), § 40-1804.
TN Code § 40-13-205 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 2 - Form and Sufficiency|§ 40-13-205. Description of Common Law Crimes

 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.
TN Code § 40-13-206 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 13 - Indictments|Part 2 - Form and Sufficiency|§ 40-13-206. Alternative Allegations

  When the offense may be committed by different forms, by different means or with different intents, the forms, means or intents may be alleged in the same count in the alternative.   When an act is criminal, if producing different results, the differing results may be charged in the same count in the alternative.    Code 1858, § 5121; Shan., § 7084; mod. Code 1932, §§ 11628, 11629; T.C.A. (orig. ed.), §§ 40-1806, 40-1807.