reglab/housing_qa huggingface dataset:
TN Code § 40-30-201 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 2 - Post-Conviction Defender Oversight Commission Act of 2011|§ 40-30-201. Short Title

 This part shall be known and may be cited as the “Post-Conviction Defender Oversight Commission Act of 2011.”
TN Code § 40-30-202 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 2 - Post-Conviction Defender Oversight Commission Act of 2011|§ 40-30-202. Commission Created — Role

  On July 1, 2011, the post-conviction defender oversight commission is created. This part also creates the office of post-conviction defender to provide for the representation of any person convicted and sentenced to death in this state who is unable to secure counsel due to indigence, and that legal proceedings to challenge that conviction and sentence may be commenced in a timely manner and so as to assure the people of this state that the judgments of its courts may be regarded with the finality to which they are entitled in the interests of justice. The operation of the post-conviction defender oversight commission and office of post-conviction defender shall be consistent with professional standards and shall not compromise independent professional judgment or create a professional or institutional conflict of interest, appearance of impropriety, breach of attorney-client confidence or secret or other violation of the Tennessee Rules of Professional Conduct or the Tennessee Code of Judicial Conduct.   The post-conviction defender oversight commission shall be strictly administrative in nature and shall oversee budget, staffing and caseload concerns. In order to avoid possible conflicts, relating to cases assigned to the post-conviction defender's office, no member of the commission shall advise, consult or otherwise directly assist the post-conviction defender or the post-conviction defender's staff in providing legal representation in such cases.
TN Code § 40-30-203 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 2 - Post-Conviction Defender Oversight Commission Act of 2011|§ 40-30-203. Establishment — Composition

  On July 1, 2011, there is created a post-conviction defender oversight commission. The members of the commission appointed under this section shall have a commitment to the constitutional rights of all individuals. In making these appointments, the appointing authorities shall strive to ensure that the membership of the commission appropriately reflects the racial and geographic diversity of the state. Members of the commission are not required to be attorneys, but any member who is an attorney may not be a current district attorney general or assistant district attorney general, a current public defender or assistant public defender, or a sitting judge. The commission is composed of the following nine (9) members:  Three (3) members appointed by the governor;   Three (3) members appointed by the speaker of the senate; and   Three (3) members appointed by the speaker of the house of representatives.     The term of office of each member of the commission is four (4) years. A vacancy occurring among the members of the commission before the expiration of a term shall be filled in the same manner as the original appointments. An appointment to fill a vacancy occurring before the expiration of a term is for the remainder of the unexpired term.   To stagger the terms of the commission members, the initial term shall be as follows:  The initial term of the members appointed by the governor shall be two (2) years;   The initial term of the members appointed by the speaker of the senate shall be three (3) years; and   The initial term of the members appointed by the speaker of the house of representatives shall be four (4) years.
TN Code § 40-30-204 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 2 - Post-Conviction Defender Oversight Commission Act of 2011|§ 40-30-204. Chair — Meetings — Duties

  The members of the commission shall designate one (1) member of the commission as chair.   Meetings of the commission may be held upon reasonable notice to the commission members by the chair of the commission and shall be in compliance with title 8, chapter 44.   The commission shall appoint a qualified attorney to the office of post-conviction defender.   The commission shall prepare an annual budget for the office of the post-conviction defender, administer the funds made available to the office, and oversee the expenditure of the funds.
TN Code § 40-30-205 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 2 - Post-Conviction Defender Oversight Commission Act of 2011|§ 40-30-205. Post-Conviction Defender

  There is created the office of the post-conviction defender.   The post-conviction defender shall be appointed by the post-conviction defender oversight commission, as provided for in § 40-30-204.   The post-conviction defender shall be an attorney in good standing with the Tennessee supreme court and shall possess a demonstrated experience in the litigation of capital crimes.   The post-conviction defender shall serve a term of four (4) years.   Vacancies in the office of post-conviction defender shall be filled in the same manner as appointment.   The principal office of the post-conviction defender shall be located in Nashville. The post-conviction defender may establish branch offices as may, in the discretion of the post-conviction defender, be warranted to fulfill statutory duties as provided in this part.   The exclusive function of the post-conviction defender's office shall be to provide legal representation to persons convicted of capital offenses. The post-conviction defender's office including the members of the post-conviction defender's oversight commission shall not lobby any entity, organization, or legislative body to urge either the abolition or retention of the death penalty. However, the office may respond to inquiries of the general assembly, the judiciary and the executive branch.   In the event the post-conviction defender provides direct representation to persons on direct appeal of a conviction, the post-conviction defender's office shall be prohibited from providing representation to those persons in any collateral proceeding.
TN Code § 40-30-207 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 2 - Post-Conviction Defender Oversight Commission Act of 2011|§ 40-30-207. Conflict of Interest and Substitute Counsel

 If at any time during the representation of two (2) or more indigent persons, the post-conviction defender determines that the interests of those persons are so adverse or hostile that they cannot all be counseled by the post-conviction defender or the post-conviction defender's staff without conflict of interest, the court in which the proceeding is pending shall, upon application therefor by the post-conviction defender, appoint one (1) or more qualified attorneys to represent the persons.
TN Code § 40-30-208 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 2 - Post-Conviction Defender Oversight Commission Act of 2011|§ 40-30-208. Appointment of Assistants and Other Staff — Method of Payments

 The post-conviction defender is authorized to appoint, employ, and establish, in the numbers as the post-conviction defender determines, full-time assistant post-conviction defenders, investigators, and other clerical and support personnel who shall be paid from funds appropriated for that purpose.
TN Code § 40-30-209 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 2 - Post-Conviction Defender Oversight Commission Act of 2011|§ 40-30-209. Salary

  The post-conviction defender shall be paid a salary equal to the amount established by law for district public defenders.   Full-time assistant post-conviction defenders shall be compensated in an amount set by the post-conviction defender in compliance with the assistant public defender's pay schedule and shall be paid from funds appropriated for that purpose.   All payments of the salary of the post-conviction defender and employees of the office and payments for other necessary expenses of the office from state funds appropriated therefor shall be considered as being for a valid public purpose.   Notwithstanding any law to the contrary, any limitations on compensation and step increases that apply to district public defenders and assistant public defenders for the period of time beginning from June 16, 2003, to June 30, 2004, and June 25, 2009, to June 30, 2010, shall also apply to post-conviction defenders and assistant post-conviction defenders. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in this section shall not include time of service between July 1, 2003, and June 30, 2004, and between July 1, 2009, and June 30, 2010.   The salary increase provided by this section and suspended by subsection (d) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification pursuant to this section, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included.
TN Code § 40-30-210 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 2 - Post-Conviction Defender Oversight Commission Act of 2011|§ 40-30-210. Records and Reports

 The post-conviction defender shall keep appropriate records and make annual reports concerning caseload, funding, staffing, and salaries to the post-conviction defender oversight commission; provided, however, that the post-conviction defender and the defender's staff shall not discuss specific details about any case with the members of the commission.
TN Code § 40-30-301 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 3 - Post-Conviction Dna Analysis Act of 2001|§ 40-30-301. Short Title

 This part shall be known and may be cited as the “Post-Conviction DNA Analysis Act of 2001.”
TN Code § 40-30-302 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 3 - Post-Conviction Dna Analysis Act of 2001|§ 40-30-302. “Dna Analysis” Defined

 As used in this part, unless the context otherwise requires, “DNA analysis” means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another biological specimen for identification purposes.
TN Code § 40-30-303 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 3 - Post-Conviction Dna Analysis Act of 2001|§ 40-30-303. Petition Requesting Analysis

 Notwithstanding part 1 of this chapter, or any other provision of law governing post-conviction relief to the contrary, a person convicted of and sentenced for the commission of first degree murder, second degree murder, aggravated rape, rape, aggravated sexual battery or rape of a child, the attempted commission of any of these offenses, any lesser included offense of these offenses, or, at the direction of the trial judge, any other offense, may at any time, file a petition requesting the forensic DNA analysis of any evidence that is in the possession or control of the prosecution, law enforcement, laboratory, or court, and that is related to the investigation or prosecution that resulted in the judgment of conviction and that may contain biological evidence.
TN Code § 40-30-304 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 3 - Post-Conviction Dna Analysis Act of 2001|§ 40-30-304. Court Order if Probable That Exculpatory Results Would Not Have Resulted in Prosecution or Conviction

 After notice to the prosecution and an opportunity to respond, the court shall order DNA analysis if it finds that:   A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through DNA analysis;   The evidence is still in existence and in such a condition that DNA analysis may be conducted;   The evidence was never previously subjected to DNA analysis or was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis; and   The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.
TN Code § 40-30-305 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 3 - Post-Conviction Dna Analysis Act of 2001|§ 40-30-305. Court Order if Probable That Results Would Have Resulted in a More Favorable Verdict or Sentence

 After notice to the prosecution and an opportunity to respond, the court may order DNA analysis if it finds that:   A reasonable probability exists that analysis of the evidence will produce DNA results that would have rendered the petitioner's verdict or sentence more favorable if the results had been available at the proceeding leading to the judgment of conviction;   The evidence is still in existence and in such a condition that DNA analysis may be conducted;   The evidence was never previously subjected to DNA analysis, or was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis; and   The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.
TN Code § 40-30-306 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 3 - Post-Conviction Dna Analysis Act of 2001|§ 40-30-306. Payment for Analysis

 In the case of an order issued pursuant to § 40-30-304, the court shall order the analysis and payment, if necessary. In the case of an order under § 40-30-305, the court may require the petitioner to pay for the analysis.
TN Code § 40-30-307 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 3 - Post-Conviction Dna Analysis Act of 2001|§ 40-30-307. Appointment of Counsel for Indigents

 The court may, at any time during proceedings instituted under this part, appoint counsel for an indigent petitioner.
TN Code § 40-30-308 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 3 - Post-Conviction Dna Analysis Act of 2001|§ 40-30-308. Court Order for Production of Laboratory Reports, Underlying Data and Notes

 If evidence has previously been subjected to DNA analysis by either the prosecution or defense, the court may order the prosecution or defense to provide all parties and the court with access to the laboratory reports prepared in connection with the DNA analysis, as well as the underlying data and laboratory notes. If any DNA or other biological evidence analysis was previously conducted by either the prosecution or defense without knowledge of the other party, the analysis shall be revealed in the motion for analysis or response, if any. If the court orders DNA analysis in connection with a proceeding brought under this part, the court shall order the production of any laboratory reports prepared in connection with the DNA analysis and may, in its discretion, order production of the underlying data and laboratory notes.
TN Code § 40-30-309 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 3 - Post-Conviction Dna Analysis Act of 2001|§ 40-30-309. Preservation of Evidence During Pendency of Proceeding — Sanctions

 When the petition is not summarily dismissed, the court shall order that all evidence in the possession of the prosecution, law enforcement, laboratory, or the court that could be subjected to DNA analysis must be preserved during the pendency of the proceeding. The intentional destruction of evidence after such an order may result in appropriate sanctions, including criminal contempt for a knowing violation.
TN Code § 40-30-310 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 3 - Post-Conviction Dna Analysis Act of 2001|§ 40-30-310. Laboratory Standards

 If the court orders analysis, it shall select a laboratory that meets the standards adopted pursuant to the DNA Identification Act of 1994 (42 U.S.C. § 14131 et seq.).
TN Code § 40-30-311 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 3 - Post-Conviction Dna Analysis Act of 2001|§ 40-30-311. Orders in Discretion of Court

 The court may, in its discretion, make such other orders as may be appropriate.
TN Code § 40-30-312 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 3 - Post-Conviction Dna Analysis Act of 2001|§ 40-30-312. Analysis Results — Dismissal of Petition — Order for Hearing

 If the results of the post-conviction DNA analysis are not favorable to the petitioner, the court shall dismiss the petition, and make further orders as may be appropriate. If the results of the post-conviction DNA analysis are favorable, the court shall order a hearing, notwithstanding any provisions of law or rule of court that would bar the hearing as untimely, and thereafter make orders as are required or permitted by the rules of criminal procedure or part 1 of this chapter.
TN Code § 40-30-313 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 3 - Post-Conviction Dna Analysis Act of 2001|§ 40-30-313. Payment for Analysis

 If an order is issued requiring a DNA analysis be paid on behalf of a petitioner pursuant to this part, then the payment shall be made from funding provided for indigent defendants' counsel as set forth within the annual appropriations act. The payment shall be made only after receipt by the administrative director of the courts of a certified copy of the order and only upon receipt of a bill from the laboratory that conducted the analysis. The bill shall set forth the name of the petitioner, the date the analysis was performed, the amount of the bill, and the name and address of the laboratory to which payment is to be made.
TN Code § 40-33-101 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 1 - Forfeiture of Conveyances|§ 40-33-101. Conveyances Subject to Forfeiture

  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:  Any offense under title 39, chapter 13, part 5;   Any robbery offense under title 39, chapter 13, part 4;   A burglary, aggravated burglary, or especially aggravated burglary offense under title 39, chapter 14, part 4; or   A felony theft offense under title 39, chapter 14, part 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).   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.   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.
TN Code § 40-33-102 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 1 - Forfeiture of Conveyances|§ 40-33-102. Seizure Authorized

  A conveyance subject to forfeiture under this part may be seized by the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118, internal affairs director or internal affairs special agent of the department of correction, or constable upon process issued by any circuit or criminal court having jurisdiction over the property.   Seizure without process may be made if the seizure is incident to an arrest or a search under a search warrant.
TN Code § 40-33-103 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 1 - Forfeiture of Conveyances|§ 40-33-103. Commencement of Action for Determination of Forfeiture

 In the event of seizure pursuant to § 40-33-102, proceedings under §§ 40-33-104 and 40-33-107 shall be instituted promptly.
TN Code § 40-33-104 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 1 - Forfeiture of Conveyances|§ 40-33-104. Replevin Prohibited — Duty of Seizing Authority

  A conveyance taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118, internal affairs director or internal affairs special agent of the department of correction, or constable subject only to the orders and decrees of the circuit or criminal court.   When a conveyance is seized under this part, the seizing authority may:  Place the conveyance under seal;   Remove the conveyance to a place designated by the court having jurisdiction over the property; and/or   Require the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118, internal affairs director or internal affairs special agent of the department of correction, or constable to take custody of the conveyance and remove it to an appropriate location for disposition in accordance with law.
TN Code § 40-33-105 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 1 - Forfeiture of Conveyances|§ 40-33-105. Removal of Forfeited Conveyance

 When a conveyance is forfeited under this part, the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118, internal affairs director or internal affairs special agent of the department of correction, or constable shall remove it for disposition in accordance with law.