reglab/housing_qa huggingface dataset:
TN Code § 40-38-105 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 1 - Victims' Bill of Rights|§ 40-38-105. Criminal Cases — Prompt Disposal — Priority of Cases Involving Crimes Against the Person

  All parties affected by a criminal offense, including the victim, survivors of the victim and witnesses to the offense, shall be able to expect that the operation of the criminal justice system will not be unnecessarily delayed and that they will be able to return to normal lives as soon as possible. To this end, all persons involved in the criminal justice system shall make every effort to dispose of any charges against a defendant within one hundred eighty (180) days of the date of the defendant's indictment and, in those cases in which the defendant is charged with a crime of violence involving death or serious bodily injury to a victim, all applications for continuance of any court date by any party shall be in writing setting out the reasons for the continuance. If, at any time during the proceeding, the court grants a continuance to the defendant and the defendant is not represented by an attorney, the court shall file an order in the records setting out the reasons why the court granted the continuance. If, for any reason, the case is not tried or otherwise disposed of in one hundred eighty (180) days of the indictment, the court shall set out in a certificate the reasons why the case is still pending before the court.   All parties affected by a criminal offense shall be able to expect that cases involving crimes against the person are given judicial and prosecutorial priority over cases involving property crimes.
TN Code § 40-38-106 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 1 - Victims' Bill of Rights|§ 40-38-106. Property Offenses — Rights of Victims

 Victims of crimes involving offenses against property shall have the right to:   Recover property in the custody of the police or the court as soon as is reasonably possible;   Restitution ordered as a condition of probation or a suspended sentence or parole and the swift revocation of the privileges for failure to make the ordered restitution; and   Once a claim under the criminal injuries compensation fund has been filed with the state, the claim shall be disposed of expeditiously and any award or other benefit to which a victim may be entitled shall be paid promptly.
TN Code § 40-38-107 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 1 - Victims' Bill of Rights|§ 40-38-107. Communication of Rights and Resources to Victim

  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.   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.
TN Code § 40-38-108 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 1 - Victims' Bill of Rights|§ 40-38-108. Immunity for Failure to Comply

 Failure to comply with any provision of this part shall not create a cause of action or claim for damages against the state, a political subdivision of the state, a government employee or other official or entity, and no such cause of action shall be maintained. No defendant or person charged with a criminal offense may claim any prejudice or assign any error based upon the failure to comply with any provision of this part by the court or any other official of the state.
TN Code § 40-38-109 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 1 - Victims' Bill of Rights|§ 40-38-109. Notice to Crime Victims of Eligibility for Compensation

 The office of the district attorney general shall notify, in writing, each victim of a violent crime who may be eligible for compensation under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13, of the methods by which the victim may obtain compensation. The written notice shall be substantially in the form and content as prescribed by the state treasurer. In cases involving the death of a victim, the notification shall be given to the closest relative to the deceased victim. For purposes of this section, “closest relative” has the same meaning as that given in § 34-1-101.
TN Code § 40-38-110 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 1 - Victims' Bill of Rights|§ 40-38-110. Victim's Right to Notification of Proceedings — Confidentiality

  A victim of crime has the right to be informed of the following proceedings or occurrences by the appropriate agency at the earliest practicable opportunity:  Cancelled or rescheduled hearings;   Bail hearing for the defendant;   Dismissal of the defendant's case;   Pardon of the defendant;   Defendant's recapture;   Defendant's release from a mental institution under § 33-5-410 or § 33-6-708; and   Defendant's transfer to a different correctional complex if the complex has a lower security designation.     This section shall not be construed as limiting rights already in existence under Tennessee statute and shall be construed as working in conjunction with existing statutes.   The victim has a duty to keep current information regarding the victim's location so that the appropriate agency may be able to contact the victim.    Any identifying information concerning a crime victim received pursuant to this section shall be confidential.   For purposes of subdivision (d)(1), “identifying information” means the name, home and work addresses, telephone numbers and social security number.
TN Code § 40-38-112 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 1 - Victims' Bill of Rights|§ 40-38-112. Responsibilities of Office of the Prosecuting Attorney — Duty of Victim

  After indictment, presentment or information, the office of the prosecuting attorney, through the victim witness coordinator, shall provide the victim with the following information:  The procedural steps involved in a criminal prosecution;   Dates, times and places of all proceedings involving the victim's case;   The availability of victim's compensation benefits; and   Forms to invoke compensation benefits and other rights.     The victim has a duty to keep current information regarding the victim's location so that the victim-witness coordinator may be able to contact the victim, if necessary.
TN Code § 40-38-113 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 1 - Victims' Bill of Rights|§ 40-38-113. Information Required to Be Provided to Victim by Law Enforcement Agencies

 Law enforcement agencies shall provide notice of the following information to any victim of crime:   The victim's rights under the Tennessee Constitution, Article I, § 35, to be free from intimidation, harassment and abuse throughout the criminal justice system;   The availability, if any, of crisis intervention services and emergency and medical services;   The name of the law enforcement agency and telephone number;   In cases of domestic violence, the procedures and resources available for protection of the victim;   The names and telephone numbers of public and private victim assistance programs, including the state criminal injuries compensation program and programs that provide counseling, treatment and other support services; and   The procedural steps involved in a criminal prosecution.
TN Code § 40-38-114 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 1 - Victims' Bill of Rights|§ 40-38-114. Conference Between Victim and Prosecuting Attorney Prior to Final Disposition of Case

  The prosecuting attorney shall confer with the victim prior to the final disposition of a criminal offense, including the views of the victim regarding a decision not to proceed with a criminal prosecution or a decision to dismiss a charge or to enter into plea or sentencing agreements or the victim's views regarding a decision to enter a pretrial or other type of diversion program.   The prosecuting attorney shall confer with the victim before the commencement of a trial. Any information received by the victim relating to the substance of the case shall be confidential, unless otherwise authorized by law or required by the courts to be disclosed.   The rights of the victim do not include the authority to direct the prosecution of the case.   Failure of the prosecuting attorney to confer with the victim does not affect the validity of an agreement between the prosecutor and the defendant in the case, a pretrial diversion of the defendant, a dismissal of an indictment or complaint filed against the defendant, a plea entered by the defendant or any other disposition in the case.   Under this section, the victim has a duty to keep current information regarding the victim's location so the prosecuting attorney may be able to contact the victim. If the prosecuting attorney is unable to contact the victim due to the victim's failure to keep current information regarding the victim's location, the prosecuting attorney may only confer with the victim if practical under the circumstances.
TN Code § 40-38-115 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 1 - Victims' Bill of Rights|§ 40-38-115. Crime Victim Advocate

  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.   As used in subsection (a), “crime assistance program” includes, but is not limited to, programs that provide appropriate counseling and support to victims.
TN Code § 40-38-116 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 1 - Victims' Bill of Rights|§ 40-38-116. Victim's Right to a Speedy Trial

  In any criminal proceeding in which a continuance is requested, the court shall consider the victim's views and the victim's right to a speedy trial. If the continuance is granted over the victim's objection, the court shall state on the record the reason for the continuance and the procedures that have been taken to avoid further delays.   In determining a date for any criminal trial or other important criminal hearing, the court shall consider the interests of the victim's right to a speedy trial.
TN Code § 40-38-117 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 1 - Victims' Bill of Rights|§ 40-38-117. Victim's Right to Refuse Interview With Defendant

 Any victim of crime has the right to refuse a request by the defendant, the defendant's attorney or any other person acting on behalf of the defendant for an interview or other communication with the victim.
TN Code § 40-38-118 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 1 - Victims' Bill of Rights|§ 40-38-118. Informing Victim of Tennessee Statewide Automated Victim Information and Notification Services

  When a law enforcement officer responds to a report of a crime, and the crime is one (1) of the crimes listed in subsection (b), the officer shall inform the alleged victim of the Tennessee statewide automated victim information and notification service created by part 5 of this chapter, provided by the Tennessee sheriffs' association. The officer shall provide written informational materials, if available, and briefly explain the purpose of the program and the requirements for participating. If the alleged victim is injured or otherwise unable to understand the officer, the officer shall leave materials, if available, regarding the notification system with the alleged victim.   The offenses to which this section applies are:  Domestic assault, as prohibited by § 39-13-111;   Vandalism, as prohibited by § 39-14-408, or false imprisonment, as prohibited by § 39-13-302, where the victim of the offense is a domestic abuse victim, as defined in § 36-3-601;   Violation of an order of protection or restraining order, as prohibited by § 39-13-113; and   Stalking, as prohibited by § 39-17-315.     Any law enforcement agency that does not already have written informational materials regarding the Tennessee statewide automated victim information and notification service shall, by July 1, 2016, obtain a supply, if available, from the victim witness coordinator in the district attorneys general office or from the Tennessee sheriffs' association.
TN Code § 40-38-201 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 2 - Victim Impact Statement Act|§ 40-38-201. Short Title

 This part shall be known and may be cited as the “Victim Impact Statement Act.”
TN Code § 40-38-202 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 2 - Victim Impact Statement Act|§ 40-38-202. Sentencing Judge to Consider Impact Statement Prior to Sentencing

 The sentencing judge shall solicit and consider a victim impact statement prior to sentencing a convicted offender who has caused physical, emotional or financial harm to a victim, as defined in § 40-38-203.
TN Code § 40-38-203 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 2 - Victim Impact Statement Act|§ 40-38-203. Part Definitions

 As used in this part, unless the context otherwise requires:   “Victim” means an individual who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a crime or an immediate family member of a minor victim or a homicide victim;   “Victim impact statement” means a statement providing information about the financial, emotional and physical effects of the crime on the victim and the victim's family and specific information about the victim, the circumstances surrounding the crime and the manner in which it was perpetrated; and   “Victim representative” means a spouse, parent, child, sibling or other relative of a deceased or incapacitated victim or of a victim who is under eighteen (18) years of age or a person who has had a close personal relationship with the victim and who is designated by the court to be a victim representative.
TN Code § 40-38-204 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 2 - Victim Impact Statement Act|§ 40-38-204. Notification of Opportunity to Present Impact Statement — Policy — Development of Impact Statement Form

  If a defendant is convicted of a felony involving one (1) or more identifiable victims who suffered death or physical, emotional, or financial injury, the department of correction shall ensure notification of the victim or the victim representative and advise the victim or victim representative of the opportunity to present a victim impact statement.   The department shall establish a policy concerning the victim impact statement. This policy shall include the development of a uniform victim impact statement form. In developing the form, the department shall first consult with the executive director of the district attorneys general conference.
TN Code § 40-38-205 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 2 - Victim Impact Statement Act|§ 40-38-205. Impact Statement to Be Part of Presentence Report — Contents — Number of Statements

 Prior to imposition of sentence in a felony case, the department of correction shall prepare a written victim impact statement as part of the presentence report on the defendant. The statement shall include applicable information obtained during consultation with the victim or the victim representative. If the victim or victim representative cannot be located or declines to participate in the preparation of the statement, the department shall include a notation to that effect in the statement. If there are multiple victims and preparation of individual victim impact statements is not feasible, the department may submit one (1) or more representative statements.
TN Code § 40-38-206 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 2 - Victim Impact Statement Act|§ 40-38-206. Filing of Presentence Report

 The presentence report shall be filed with the clerk of the court within ten (10) days prior to the sentencing hearing as provided in § 40-35-208.
TN Code § 40-38-207 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 2 - Victim Impact Statement Act|§ 40-38-207. Impact Statement to Be Considered as Evidence

 Any victim impact statement submitted to the court under § 40-38-205 shall be considered as evidence in determining whether the mitigating factors in § 40-35-113 and the enhancement factors in § 40-35-114 apply.
TN Code § 40-38-208 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 2 - Victim Impact Statement Act|§ 40-38-208. Submission of Statement or Cooperation in Preparation of Statement Not Required

 This part shall not be construed to require a victim or victim representative to submit a victim impact statement or to cooperate in the preparation of a victim impact statement.
TN Code § 40-38-301 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 3 - Constitutional Rights of Victims|§ 40-38-301. Intent of General Assembly

  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.   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.   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.
TN Code § 40-38-302 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 3 - Constitutional Rights of Victims|§ 40-38-302. Part Definitions

 As used in this part, unless the context otherwise requires:   “Crime” means:  Any offense the punishment for which is a Class A, B, C, D or E felony;   First degree murder; or   Assault under § 39-13-101(a)(1);     “Critical stages of the criminal justice process” are:  Bond hearings or bond reduction hearings if hearing from the victim is deemed relevant by the appropriate district attorney general;   Any hearing on a motion to dismiss or on a plea agreement requiring approval by the trial court;   The defendant's sentencing hearing;   Any hearing at which the issue of whether the defendant should pay restitution or the amount of restitution that should be paid is discussed;   Any parole hearing at which the defendant's release on parole will be discussed or determined; and   Any other hearing that proposes a final disposition of the case;     “Family member” means the victim's spouse, natural parent, child, adopted child, grandparent, grandchild, stepparent, adoptive parent, or brother or sister of the whole or half-blood or by adoption. If a “family member” is a minor, the minor may be represented by a guardian where appropriate; and    “Victim” means:   A natural person against whom a crime was committed;   If the victim is a minor, then the parent or legal guardian of the minor; or   If the victim is deceased or is physically or emotionally unable to exercise the victim's rights, then the following persons, or their designees, in the order of preference in which they are listed:        A family member; or   A person who resided with the victim;    “Victim” does not include any person charged with or alleged to have committed the crime or who is charged with some form of criminal responsibility for commission of the crime.
TN Code § 40-38-303 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 3 - Constitutional Rights of Victims|§ 40-38-303. Victim's Immunity From Suit Except for Testimony That Is Intentionally and Maliciously False and Defamatory

  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.    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.   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.   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.   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:  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   May prohibit the offender from filing any future actions of a similar nature in the court.
TN Code § 40-38-401 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 38 - Victims' Rights|Part 4 - Senator Tommy Burks Victim Assistance Academy|§ 40-38-401. Creation

 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.