reglab/housing_qa huggingface dataset:
TN Code § 40-33-106 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 1 - Forfeiture of Conveyances|§ 40-33-106. Jurisdiction Over Disposition of Conveyance

 In any county having more than one (1) circuit court, or both a circuit court and a criminal court, the court in the county having jurisdiction of the indictment and trial of all matters relating to the offenses for which forfeiture of a conveyance may be imposed shall have exclusive jurisdiction over the disposition of the conveyances.
TN Code § 40-33-108 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 1 - Forfeiture of Conveyances|§ 40-33-108. Claim of Interest in Conveyance Subject to Forfeiture — Possession — Bond

  Whenever in any proceeding under this part, a claim is filed for any conveyance, the court shall not allow the claim unless the claimant proves that:  The claimant has an interest in the conveyance, as owner or otherwise, which the claimant acquired in good faith; and   The claimant never had knowledge or reason to believe that the conveyance was used in the commission of a robbery offense under title 39, chapter 13, part 4, or felony theft under title 39, chapter 14, part 1.     Pending any proceeding to recover a conveyance seized under this part, the court may order delivery thereof to any claimant who shall establish the claimant's right to immediate possession thereof, and who shall execute, with one (1) or more sureties approved by the court, and deliver to the clerk of the court, a bond in favor of the state and for the payment of a sum double the appraised value thereof as of the time of the hearing, and conditioned further that, if the conveyance is not returned at the time of hearing, the bond shall stand in lieu of and be forfeited in the same manner as the conveyance.   Within the discretion of the court, the claimant may be awarded possession of the confiscated conveyance pending an appeal of any adverse decision; provided, that the claimant shall be required to execute a bond payable to the state in an amount double the value of the property seized, the sureties to be approved by the court. The condition of the bond shall be that the obligors shall pay to the state, through the court, the full value of the conveyance seized, unless upon an appeal the decision of the court shall be reversed and the property awarded to the claimant.
TN Code § 40-33-109 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 1 - Forfeiture of Conveyances|§ 40-33-109. Claim Not Filed — Disposition of Conveyance

 If no claim is interposed, the conveyance shall be forfeited without further proceedings and the conveyance shall be sold or disposed of as provided in this part. The procedure in § 40-33-108 is the sole remedy of any claimant, and no court shall have jurisdiction to interfere therewith by replevin, injunction, supersedeas or in any other manner.
TN Code § 40-33-110 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 1 - Forfeiture of Conveyances|§ 40-33-110. Disposition of Forfeited Conveyance or Proceeds of Sale of Forfeited Conveyance

  Disposition of a forfeited conveyance or proceeds of goods seized under this part shall inure to the benefit of the county in which the goods were seized for enforcement of this part if the goods were seized by county law enforcement officers, or to the municipality in which they were seized if the goods were seized by municipal law enforcement officers, or to the university employing the campus police officers if the goods were seized by campus police officers as defined in § 49-7-118, or to the department of correction if the goods were seized by the internal affairs director or an internal affairs special agent of the department of correction; provided, that the forfeited conveyance or the funds derived from the confiscated goods shall go to the law enforcement agency that seized the conveyance and shall be used exclusively for law enforcement purposes by the county or municipality or university or department of correction; provided further, that, if the law enforcement agency retains a forfeited conveyance, any liens that are filed against the forfeited conveyance shall be satisfied by the law enforcement agency that retains the conveyance.   In all other cases, the proceeds shall be transmitted to the state treasurer and deposited in the state treasury. Upon application of the commissioner of safety, the proceeds, or any part of the proceeds, may be allocated by the director of the budget to the department of safety as expendable receipts for use in the enforcement of this part.   All proceeds resulting from actions of the Tennessee bureau of investigation or awarded to it in a division of funds shall be paid to the state treasurer to be used only for bureau purposes as appropriated by the general assembly.
TN Code § 40-33-111 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 1 - Forfeiture of Conveyances|§ 40-33-111. Lien for Fees of Attorney for Accused

 The right to a forfeiture as provided in this part shall be inferior to and subject to any lien filed with the court in which the action is pending by an attorney representing the accused on the charge for which the forfeiture or confiscation resulted for the reasonable value of the services of the attorney. The value of the reasonable services represented by the lien shall be subject to the approval of the court that tried the case from which the forfeiture resulted. The arresting officer shall be furnished a copy of the attorney's claimed lien.
TN Code § 40-33-201 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 2 - Forfeiture Procedures Generally|§ 40-33-201. Application

 All personal property, including conveyances, subject to forfeiture under § 39-14-307, § 47-25-1105, § 53-11-451, § 55-16-104, § 55-50-504(g), § 55-10-414, § 57-3-411, § 57-5-409, § 57-9-201, § 67-4-1020, or § 70-6-202, shall be seized and forfeited in accordance with the procedure set out in this part.
TN Code § 40-33-202 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 2 - Forfeiture Procedures Generally|§ 40-33-202. Part Definitions

 As used in this part, unless the context otherwise requires:   “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   “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.
TN Code § 40-33-205 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 2 - Forfeiture Procedures Generally|§ 40-33-205. Security Interests

  If a secured party with a duly perfected security interest receives notification pursuant to § 40-33-204(g) that a forfeiture warrant has been issued with regard to the secured property, the secured party must submit proof of the security interest to the applicable agency within thirty (30) days of receipt of the notification in order for this subsection (a) to apply. A secured party with a duly perfected interest or any successor in interest to the secured party who does not receive notice of intent to forfeit the interest pursuant to § 40-33-204(b)(1)(C), need not file a claim to preserve any right the party may have to the property. Upon receiving proof of a security interest, no cost bond or other pleadings need be filed by the secured party or successor in interest in order to protect its interest in the seized property or to assert a claim to the property as provided in § 40-33-206. If the applicable agency notifies a secured party that it intends to seek forfeiture of the secured party's interest, it shall seek a forfeiture warrant against the secured party as provided in § 40-33-204(b). Upon receiving notice that a forfeiture warrant has been issued, the secured party is required to file a claim for the property as provided in this part.   Any secured party, other than one described in subsection (a), or any successor in interest to the secured party may file a claim for seized property by complying with § 40-33-206, within thirty (30) days of the date the forfeiture warrant is issued.
TN Code § 40-33-206 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 2 - Forfeiture Procedures Generally|§ 40-33-206. Claims

  Any person asserting a claim to any property seized pursuant to the provisions of law set out in § 40-33-201, and described on the notice of seizure, may within thirty (30) days of being notified by the applicable agency that a forfeiture warrant has issued, file with the agency a written claim requesting a hearing and stating the person's interest in the seized property for which a claim is made. The claims may be on forms provided by the applicable agency.    Except as provided in § 40-33-205(a), with the claim the claimant shall also file a cash bond or attorney or corporate surety bond in the sum of three hundred fifty dollars ($350), the bond being made payable to the state of Tennessee; and   An indigent person may file a claim in forma pauperis by filing with the claim an affidavit stating that the person is unable to bear the cost of the proceeding.     If a claim or proof of a security interest is not filed with the applicable agency within the time specified by this part, the seized property shall be forfeited and disposed of as provided by law.
TN Code § 40-33-207 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 2 - Forfeiture Procedures Generally|§ 40-33-207. Hearing Date

  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.   Nothing in this section shall be construed as requiring the hearing to be conducted within the thirty-day period.
TN Code § 40-33-209 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 2 - Forfeiture Procedures Generally|§ 40-33-209. Hearing Officer

  The administrative head of the applicable agency shall contract with the secretary of state for use of administrative law judges to conduct forfeiture hearings.   The administrative law judge is empowered to subpoena witnesses and compel their attendance and to produce records, memoranda, papers and other documents at any hearing authorized by this part.   At all hearings conducted pursuant to this part, the applicable agency shall provide a stenographer or court reporter to take a stenographic record of the evidence adduced at the hearing. Upon application, the claimant shall be entitled to a copy of the stenographic record upon payment of the reasonable costs thereof to be fixed by the administrative head of the applicable agency.   All hearings conducted pursuant to this part shall be contested case hearings and shall be conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
TN Code § 40-33-212 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 2 - Forfeiture Procedures Generally|§ 40-33-212. Settlement Agreements

 Only the chief administrative officer of the seizing agency, or the officer's designee, shall be permitted to negotiate or enter into any type of settlement agreement or agreements prior to the forfeiture hearing conducted pursuant to § 40-33-210. In no event shall any officer involved in the seizure of the property be allowed to negotiate or enter into any type of settlement agreement or agreements prior to the forfeiture hearing. All negotiated settlements by any seizing agency are subject to the approval of the chief administrative officer of the applicable agency.
TN Code § 40-33-213 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 2 - Forfeiture Procedures Generally|§ 40-33-213. Appeals — Venue

  The party aggrieved by the decision of the applicable agency may seek judicial review of the decision by filing a written notice of review. The reviewing court shall use the preponderance of evidence standard in determining whether to sustain or reverse the final order of the applicable agency. The burden of proof on review shall be the same as in the proceedings before the applicable agency.   Except as otherwise provided in this section, an appeal under this part shall be conducted in the same manner as is provided in § 4-5-322, for a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.   A notice of review may, at the election of the aggrieved party, be filed in the circuit court or chancery court of Davidson, Washington, Knox, Hamilton, Putnam, Madison, Dyer, Lawrence, or Shelby county; provided, that, the notice of review shall be filed in the county which corresponds with the location of the hearing.   The applicable agency shall be represented in the appeal by an attorney who is employed by the applicable agency.   If the reviewing court reverses the final order of the applicable agency and orders the return of seized property, the court shall also order the payment of attorney's fees incurred during the administrative proceeding, in the same manner provided and subject to the limits found in § 40-33-217, and any reasonable attorney's fees incurred during the appeal.
TN Code § 40-33-214 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 2 - Forfeiture Procedures Generally|§ 40-33-214. Rules

 Any applicable agency authorized to conduct forfeiture hearings pursuant to § 39-14-307, § 47-25-1105, § 53-11-451, § 55-10-414, § 55-50-504(g), § 57-3-411, § 57-5-409, § 57-9-201, § 67-4-1020, or § 70-6-202 may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to supplement and administer this part. However, no such rules shall be inconsistent with this part.
TN Code § 40-33-215 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 2 - Forfeiture Procedures Generally|§ 40-33-215. Cause of Action Against Seizing Authority in Cases of Bad Faith

  A person who has property seized in accordance with this part shall have a cause of action against the seizing agency if the seizing officer acted in bad faith in seizing or failing to return property seized pursuant to this part.   A person who prevails in an action against a seizing agency pursuant to this section shall be entitled to:  Reasonable attorney fees and court costs necessarily incurred in seeking the return of the seized property and in bringing the action pursuant to this section; and   Monetary damages resulting from the improper seizure of the property.     Monetary damages recoverable under this section shall be limited to the rental value of property similar to that which was seized for the period of time it was seized but in no event shall the damages exceed the value of the seized property.   For the purposes of this section, a seizing officer “acts in bad faith” when the officer acts intentionally, dishonestly, or willfully or the officer's actions have no reasonable basis in law or fact in regards to the seizure or failure to return the property seized.
TN Code § 40-33-216 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 2 - Forfeiture Procedures Generally|§ 40-33-216. Annual Seizure Report by Department

  By March 1 of each year, the department of safety shall report to the speakers of the senate and the house of representatives and the chairs of the judiciary committee of the senate and the judiciary committee of the house of representatives, a report detailing, for the previous calendar year:  The total number of seizure cases opened by the department;   The number of seizure cases where an arrest was made;   The total number of cases resulting in forfeiture;   The types of property seized under this part and the totals of each type;   The amount of currency seized;   The amount of currency forfeited;   The total number of cases which resulted in a default by the property owner;   The total amount of currency forfeited as a result of default;   The total number of cases which resulted in a settlement;   The total amount of currency forfeited as a result of settlement;   The total amount of currency returned to the property owners as a result of settlement;   The total number of cases resulting in a hearing;   The total number of hearings resulting in forfeiture of assets;   The total amount of currency forfeited as a result of disposition by hearing;   The total amount of currency returned to the property owners as a result of a disposition by hearing; and   How proceeds derived from forfeited assets are used by the department.     The department shall include each category of information for the department as a whole and separately for each individual law enforcement agency that opened a forfeiture proceeding with the department in the previous calendar year.   The information reported by the department in subdivision (a)(16) and to the department in § 40-33-211(a)(2) shall be made accessible to the public on the department's website through a prominent link provided on the home page.
TN Code § 40-33-217 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 33 - Forfeitures|Part 2 - Forfeiture Procedures Generally|§ 40-33-217. Attorney's Fees

  Upon entering an initial order which includes a return of property, in whole or in part, the administrative law judge shall also include an award of attorney's fees against the seizing agency subject to the limits in subsection (c).   No award of attorney's fees against a seizing agency shall be entered when the initial order is the result of a settlement between the parties.   No award of attorney's fees under this section shall exceed the lesser of the following, as may be applicable to the case:  Twenty-five percent (25%) of the National Automobile Dealers Association rough trade-in value of any motor vehicle seized and returned;   Twenty-five percent (25%) of the value of any currency seized and returned;   Twenty-five percent (25%) of the reasonable replacement value of any miscellaneous personal property seized and returned;   Three thousand dollars ($3,000); or   If multiple types of property are returned, a combination of the amounts in subdivisions (c)(1)-(3), provided that the total amount of attorney's fees awarded shall not exceed three thousand dollars ($3,000).     The award of attorney's fees shall be appealable in the same manner as an initial order under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.   Compensation shall not be awarded to an attorney whose fees are paid under any federally funded legal services program, or any such program funded by the state. However, compensation shall be determined and allowed in accordance with subsection (f) to an attorney employed in a privately or publicly funded nonprofit public interest law firm or corporation if neither the attorney, the law firm, nor the corporation received, or is entitled to receive, compensation for filing the claim on behalf of the claimant under any federal or state statute or rule other than this section.   Notwithstanding § 4-5-325 or any other law to the contrary, this section shall be the exclusive means for seeking attorney's fees for proceedings conducted under this part. This section does not prohibit a person who files an action pursuant to § 40-33-215 from seeking attorney's fees for that specific action.   For the purposes of this section, “seizing agency” means the agency that issued the Notice of Seizure pursuant to § 40-33-203.   Notwithstanding § 40-33-211, § 53-11-201, or any other law, funds forfeited to a seizing agency under this part may be used to pay attorney's fees ordered under this section.
TN Code § 40-35-101 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-101. Short Title

 This chapter shall be known and may be cited as the “Tennessee Criminal Sentencing Reform Act of 1989.”
TN Code § 40-35-102 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989|Part 1 - General Provisions|§ 40-35-102. Purpose of Chapter

 The foremost purpose of this chapter is to promote justice, as manifested by § 40-35-103. In so doing, the following principles are adopted:   Every defendant shall be punished by the imposition of a sentence justly deserved in relation to the seriousness of the offense;   This chapter is to assure fair and consistent treatment of all defendants by eliminating unjustified disparity in sentencing and providing a fair sense of predictability of the criminal law and its sanctions;   Punishment shall be imposed to prevent crime and promote respect for the law by:  Providing an effective general deterrent to those likely to violate the criminal laws of this state;   Restraining defendants with a lengthy history of criminal conduct;   Encouraging effective rehabilitation of those defendants, where reasonably feasible, by promoting the use of alternative sentencing and correctional programs that elicit voluntary cooperation of defendants; and   Encouraging restitution to victims where appropriate;     Sentencing should exclude all considerations respecting race, gender, creed, religion, national origin and social status of the individual;   In recognition that state prison capacities and the funds to build and maintain them are limited, convicted felons committing the most severe offenses, possessing criminal histories evincing a clear disregard for the laws and morals of society and evincing failure of past efforts at rehabilitation shall be given first priority regarding sentencing involving incarceration; and    A defendant who does not fall within the parameters of subdivision (5), and who is an especially mitigated or standard offender convicted of a Class C, D or E felony, should be considered as a favorable candidate for alternative sentencing options in the absence of evidence to the contrary; however, a defendant’s prior convictions shall be considered evidence to the contrary and, therefore, a defendant who is being sentenced for a third or subsequent felony conviction involving separate periods of incarceration or supervision shall not be considered a favorable candidate for alternative sentencing;   As used in subdivision (6)(A), “separate periods of incarceration or supervision” means that the defendant serves and is released or discharged from a period of incarceration or supervision for the commission of a felony prior to committing another felony;   If a defendant with at least three (3) felony convictions is otherwise eligible, that defendant may still be considered a favorable candidate for any alternative sentencing that is within the jurisdiction of and deemed appropriate by a drug court;   A court shall consider, but is not bound by, the advisory sentencing guideline in this subdivision (6).