reglab/housing_qa huggingface dataset:
TN Code § 40-10-109 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 10 - Preliminary Examination|§ 40-10-109. Increase of Bond — Surety

 Whenever the magistrate has good cause to believe that a witness for the prosecution will not appear to testify, the magistrate may require the witness to enter into a similar undertaking in a larger sum and with sufficient security.   Code 1858, § 5069; Shan., § 7028; Code 1932, § 11568; T.C.A. (orig. ed.), § 40-1124.
TN Code § 40-10-110 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 10 - Preliminary Examination|§ 40-10-110. Minors as Witnesses

 Minors, being material witnesses for the prosecution, may also be required, in the discretion of the magistrate, to procure sureties who will undertake for their appearance to testify, or the magistrate may issue subpoenas and have those minors instantly summoned to appear and testify.   Code 1858, § 5070; Shan., § 7029; Code 1932, § 11569; T.C.A. (orig. ed.), § 40-1125; Acts 1984, ch. 515, § 1.
TN Code § 40-10-111 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 10 - Preliminary Examination|§ 40-10-111. Commitment of Witnesses

 Any witness required to enter into an undertaking, with or without security, shall, on failure or refusal, be committed to jail.   Code 1858, § 5071; Shan., § 7030; Code 1932, § 11570; T.C.A. (orig. ed.), § 40-1126.
TN Code § 40-10-112 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 10 - Preliminary Examination|§ 40-10-112. Bail of Witnesses

 In case of commitment pursuant to § 40-10-111, the magistrate shall state in the commitment the amount of the undertaking and whether security is required. The witness shall be discharged by the sheriff on entering into the undertaking as required.   Code 1858, § 5072; Shan., § 7031; Code 1932, § 11571; T.C.A. (orig. ed.), § 40-1127.
TN Code § 40-10-113 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 10 - Preliminary Examination|§ 40-10-113. Magistrates Acting in Association

 Any magistrate to whom information is made, or before whom any defendant is brought, may associate with the magistrate one (1) or more magistrates of the same grade, and the powers and duties in this chapter prescribed may be executed and performed by them.   Code 1858, § 5075; Shan., § 7034; Code 1932, § 11574; T.C.A. (orig. ed.), § 40-1130.
TN Code § 40-10-114 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 10 - Preliminary Examination|§ 40-10-114. Waiver of Preliminary Hearing — Objection by State

 The preliminary hearing may not be waived by the defendant if the state makes a timely objection, for good cause shown, to the defendant's request for waiver.
TN Code § 40-15-101 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 15 - Pretrial Diversion|§ 40-15-101. Default of Defendant

  When a capias has been returned not to be found, and in felony cases when, before or after conviction, the defendant breaks jail or forfeits the bond for appearance, the court may strike the cause from the docket, and give judgment against the state for the costs as the state is bound to pay in case of nolle prosequi or acquittal of the defendant.   The cause shall not be discontinued by such judgment. If the defendant is afterwards taken or comes into the state, a capias or other process shall run against the defendant and the case be proceeded with as if it had not been stricken from the docket.    Code 1858, §§ 5193, 5194; Shan., §§ 7157, 7158; Code 1932, §§ 11719, 11720; T.C.A. (orig. ed.), §§ 40-2103, 40-2104.
TN Code § 40-15-102 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 15 - Pretrial Diversion|§ 40-15-102. Pretrial Diversion Meetings

 The parties to any possible criminal trial may meet to discuss the possibility of pretrial diversion as contained in this part.
TN Code § 40-15-103 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 15 - Pretrial Diversion|§ 40-15-103. Deferring Pending Proceedings

 Upon stipulation of the parties, the court shall defer for a reasonable time any pending proceedings in the prosecution so that the procedures under §§ 40-15-102 — 40-15-105 may be pursued.
TN Code § 40-15-104 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 15 - Pretrial Diversion|§ 40-15-104. Pretrial Investigation

  Upon stipulation of the parties, the trial court by order may direct any county, municipal or authorized private agency, available for this purpose, or the department of correction if no local agency is available, to conduct an investigation of the defendant's background. In counties having a metropolitan form of government and in counties having a population of over six hundred thousand (600,000), according to the 1970 federal census or any subsequent federal census, the county, municipal or authorized private agency shall conduct any investigation of the defendant's background, but, this sentence shall be implemented within the existing level of funding to the department of correction. The order shall specify the purpose and scope of the procedure and the matters to be covered, and shall direct that the results of any investigation be embodied in a written report, copies of which shall be made available to the parties.   In counties where there is a pretrial release program in operation, the agency responsible for the operation of that program shall be the agency to conduct the background investigation ordered by the court, and the order shall so stipulate. In counties which have a local county probation officer paid for by local funds, the county probation officer shall be the agency responsible for conducting the background investigation as ordered by the trial court.
TN Code § 40-15-106 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 15 - Pretrial Diversion|§ 40-15-106. Certification That Defendant Not Disqualified by Prior Conviction, Pretrial Diversion or Expunged Offense

  No memorandum of understanding may be approved by the court on or after July 1, 1998, unless there is attached to it a certificate from the Tennessee bureau of investigation stating that according to its expunged criminal offender and pretrial diversion database the defendant has not:  Had a prior disqualifying felony or misdemeanor conviction;   Previously been granted pretrial diversion under this chapter; and   Had the public records of a disqualifying criminal offense that was dismissed expunged pursuant to chapter 32 of this title or § 40-35-313.     The certificate provided by the bureau pursuant to this section is only a certification that according to its expunged criminal offender and pretrial diversion database the defendant is not disqualified under the criteria set out in subsection (a). The certificate is not a certification that the defendant is eligible for diversion pursuant to this chapter and it shall continue to be the duty of the district attorney general and judge to make sufficient inquiry into the defendant's background to determine diversion eligibility.
TN Code § 40-15-107 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 15 - Pretrial Diversion|§ 40-15-107. Uniform Application for Pretrial Diversion

 The administrative office of the courts, in consultation with the Tennessee district attorneys general conference and the Tennessee association of criminal defense lawyers, shall create a statewide uniform application for use in pretrial diversion.
TN Code § 40-16-101 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 16 - Immunity From Prosecution|§ 40-16-101. Trial by Court-Martial as Bar

 All members of the armed forces of the United States who have been tried and convicted or acquitted by a military court-martial for any offense constituting a misdemeanor under the laws of this state shall be immune from any criminal prosecution in any court of this state for the same offense for which they have been so tried. “Members of the armed forces of the United States” includes all officers and enlisted personnel of the army, navy, air force, marine corps and coast guard while on active duty and also includes any and all persons subject to trial by court-martial under the Uniform Code of Military Justice, whether a civilian, reservist, or member of any other federal agency.
TN Code § 40-16-102 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 16 - Immunity From Prosecution|§ 40-16-102. Conviction Not Barring Prosecution for Previous Offenses

 A conviction, judgment and execution for any one (1) offense is no bar to a prosecution for any other public offense committed previously, not necessarily included in the offense for which the defendant was convicted.   Code 1858, § 5274; Shan., § 7250; Code 1932, § 11856; T.C.A. (orig. ed.), § 40-2306.
TN Code § 40-18-101 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-101. Designation of State's Day

 It is the duty of the judge of each circuit court to designate a day or days of the term, to be known as the state's day, on which to take up the criminal docket, and to dispose of criminal cases.   Code 1858, § 5594 (deriv. Acts 1843-1844, ch. 215, § 5); Shan., § 7635; mod. Code 1932, § 12264; T.C.A. (orig. ed.), § 40-2501.
TN Code § 40-18-102 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-102. Rules of Practice

 It is the duty of the judge of each circuit court to adopt such rules of practice in the trial of criminal cases, from time to time, as may tend to diminish the costs of criminal cases.   Code 1858, § 5595 (deriv. Acts 1843-1844, ch. 215, § 5); Shan., § 7636; Code 1932, § 12265; T.C.A. (orig. ed.), § 40-2502.
TN Code § 40-18-104 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-104. Drawing of Jurors' Names

 The names of the jurors are written on separate scrolls, placed in a box or other receptacle, and drawn out by a child under ten (10) years of age, by the judge, or some person agreed upon by the district attorney general and the defendant.   Code 1858, § 5213; Shan., § 7182; Code 1932, § 11746; modified; T.C.A. (orig. ed.), § 40-2506.
TN Code § 40-18-105 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-105. Challenge of Juror Acting as Bail

 A challenge to an individual juror, grand or petit, may be made by the state because the juror is surety on the bail undertaking of any person whose case will come before the jury on which service is required.   Code 1932, § 10013; T.C.A. (orig. ed.), § 40-2508.
TN Code § 40-18-106 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-106. Jurors Sworn Together

 In impaneling a jury for the trial of any felony, the court shall not swear any of the jurors until the whole number is selected for a jury.   Code 1858, § 5215 (deriv. Acts 1817, ch. 171 (172 in Scott's Revisal), § 6); Shan., § 7184; Code 1932, § 11748; T.C.A. (orig. ed.), § 40-2511.
TN Code § 40-18-107 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-107. Boarding Jurors

  When, in the judgment of the court trying criminal cases, wholesome food and proper lodging cannot be provided for the petit jurors for a lesser sum, the court shall have the power to make arrangements to provide the jurors with proper board and lodging while serving on the jury, and to pay for board and lodging daily a sum not to exceed one thousand dollars ($1,000) per jury per day of service.   Notwithstanding subsection (a), if a judicial proceeding is transferred from one jurisdiction to another for trial on a defendant's motion for change of venue, then the limitation of one thousand dollars ($1,000) for the board and lodging of the jury shall not apply; provided, that the comptroller of the treasury, on the advice of the attorney general and reporter, determines that additional funds for boarding and lodging of the jury are necessary.
TN Code § 40-18-108 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-108. Discharge of Jury

 A final adjournment of the court discharges the jury.   Code 1858, §§ 5218, 5219; Shan., §§ 7191, 7192; Code 1932, §§ 11754, 11755; T.C.A. (orig. ed.), §§ 40-2513, 40-2514; Acts 2008, ch. 1159, § 4.
TN Code § 40-18-109 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-109. Retrial After Discharge of Jury

 In all cases where a jury is legally discharged, the case may be again tried at the same or another term of the court.   Code 1858, § 5221; Shan., § 7194; Code 1932, § 11757; T.C.A. (orig. ed.), § 40-2515.
TN Code § 40-18-111 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-111. General Verdict of Guilty

 A general verdict of guilty will be sustained if there is any one (1) good count in the indictment sustained by proof, although the other counts may be fatally defective.   Code 1858, § 5217; Shan., § 7190; Code 1932, § 11753; T.C.A. (orig. ed.), § 40-2519.
TN Code § 40-18-112 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-112. Uncertainty as to Intent or Means of Offense

 Where the intent with which, the mode in, or the means by which, an act is done are essential to the commission of the offense, and the offense may be committed with different intents, in different modes, or by different means, if the jury is satisfied that the act was committed with one (1) of the intents, in one (1) of the modes, or by either of the means charged, the jury shall convict, although uncertain as to which of the intents charged existed, or which mode, or by which of the means charged, the act was committed.   Code 1858, § 5123; Shan., § 7086; Code 1932, § 11631; T.C.A. (orig. ed), § 40-2522.
TN Code § 40-18-113 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-113. Multiple Defendants

  Upon an indictment against several defendants, any one (1) or more may be convicted or acquitted.   In an indictment against several defendants, if the jury cannot agree upon a verdict as to all, the jury may render a verdict as to those defendants in regard to whom the jury agrees, on which a judgment shall be entered.    Code 1858, §§ 5216, 5220; Shan., §§ 7189, 7193; Code 1932, §§ 11752, 11756; T.C.A. (orig. ed.), §§ 40-2523, 40-2524.
TN Code § 40-18-114 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-114. Assessment of Fine by Jury

 Where an indictable offense is punished by fine, or by fine and imprisonment, the jury shall assess the fine, if, in its opinion, the offense merits a fine over fifty dollars ($50.00).   Code 1858, § 5237; Shan., § 7212; Code 1932, § 11799; T.C.A. (orig. ed.), § 40-2525.
TN Code § 40-18-115 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-115. Women Jurors in Felony Cases

  In the discretion of the trial judge, in all cases where a woman is sworn as a member of the jury in a felony case, the court may appoint a woman bailiff or deputy sheriff as one (1) of the officers sworn to take charge of the jury, and the woman bailiff or deputy sheriff shall have the same powers and duties as other officers in the cases.   In all cases where a woman or women are sworn as a member or members of the jury in felony cases, it shall not be unlawful or render the verdict void for the women members of the jury to be segregated from the male members of the jury when outside the courtroom where the case is being tried, on the condition that each member of the jury remains in the custody of an officer or officers who have been duly sworn for that purpose.
TN Code § 40-18-116 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-116. Sequestration of Jurors

 In all criminal prosecutions, except those in which a death sentence may be rendered, jurors shall only be sequestered at the sound discretion of the trial judge, which shall prohibit the jurors from separating at times when they are not engaged upon actual trial or deliberation of the case.
TN Code § 40-18-117 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-117. Instructions Concerning Insanity

 In all criminal cases in which the trial judge charges the jury on the law relating to the defense of insanity, the judge shall also charge the jury that, if it should find the defendant to be not guilty by reason of insanity, that it shall so state in its verdict.
TN Code § 40-18-118 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-118. Peremptory Challenges

 Notwithstanding any other provision of law or rule of court to the contrary, in any case in which a defendant is charged with an offense punishable by death, the defendant is entitled to fifteen (15) peremptory challenges and the state is entitled to fifteen (15) peremptory challenges for each such defendant. If the offense charged is punishable by imprisonment for more than one (1) year but not by death, each defendant is entitled to eight (8) peremptory challenges, and the state is entitled to eight (8) peremptory challenges for each defendant. If the offense charged is punishable by imprisonment for less than one (1) year or by fine, or both, each side is entitled to three (3) peremptory challenges for each defendant.
TN Code § 40-18-119 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 18 - Trial and Verdict|§ 40-18-119. Presumption That Original Trial Judge Has Served as Thirteenth Juror and Approved Unanimous Verdict

 When any successor judge to the original trial judge or any appellate court is determining if a new trial should be granted to a criminal defendant on the grounds that the verdict of guilty is against the weight of the evidence, immediately upon the original trial judge dismissing a jury following the return of a unanimous verdict, there is created a presumption that the original trial judge has served as the thirteenth juror and approved the jury's verdict with respect to each count on which a unanimous verdict was returned.
TN Code § 40-19-101 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 19 - Defects in Proceedings|§ 40-19-101. Clerical Omissions Not Constituting Reversible Error

 When a person indicted or presented for a criminal offense is arraigned before a court having jurisdiction of the matter pleads not guilty, and is tried upon the merits and convicted, the person shall not be entitled to a new trial, or to an arrest of judgment, for any of the following causes:   The clerk of the court omitted to file or enter the person's plea of record;   The district attorney general, clerk or grand jury omitted to mark a prosecutor upon the indictment;   The clerk omitted to show in the record sent to the supreme court that there was a prosecutor;   A defect in making out the caption of the record;   An omission of any caption to the record sent up to the supreme court;   The clerk omitted to embody in the record the venire facias;   The clerk omitted to enter upon the minutes of the court that the grand jury returned the indictment into open court, if the indictment shows upon its back that it was found “a true bill”; or   The indictment was drawn by a district attorney general pro tempore, and the clerk omitted to enter such district attorney general's appointment upon the minutes of the court.    Code 1858, § 5242 (deriv. Acts 1851-1852, ch. 256, §§ 1-5); Shan., § 7217; Code 1932, § 11803; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-2601.
TN Code § 40-19-102 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 19 - Defects in Proceedings|§ 40-19-102. Forfeiture of Fees by Clerk

 Any clerk of a circuit or criminal court who is guilty of any neglect or omission as stated in § 40-19-101 shall forfeit all tax fees and costs to which the clerk would otherwise be entitled.   Code 1858, § 5243 (deriv. Acts 1851-1852, ch. 256, § 6); Shan., § 7218; Code 1932, § 11804; T.C.A. (orig. ed.), § 40-2602.
TN Code § 40-22-101 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 22 - Judicial Recommendation of Clemency|§ 40-22-101. Postponement of Execution of Sentence Pending Application for Clemency

 In case of the conviction and sentence of a defendant to imprisonment, the presiding judge may, in all proper cases, postpone the execution of the sentence for the amount of time as may be necessary to make application to the executive for a pardon or commutation of punishment.   Code 1858, § 5255; Shan., § 7230; Code 1932, § 11821; T.C.A. (orig. ed.), § 40-3001.
TN Code § 40-22-102 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 22 - Judicial Recommendation of Clemency|§ 40-22-102. Suspension of Execution to Permit Application for Pardon

 Whenever a plea of guilty is entered by the defendant to an indictment charging a felony, and it appears to the circuit or criminal court judge receiving the plea that the prisoner is only technically guilty, or that there are circumstances or conditions connected with the alleged crime or in the defendant's life and surroundings tending to mitigate the offense, or if it is the prisoner's first offense, and it is not likely that the prisoner will again engage in an offensive and criminal course of conduct if released, and in the opinion of the presiding judge the public good does not require that the defendant suffer the disgrace of imprisonment at hard labor in the penitentiary, the execution of sentence and judgment may, in the discretion of the judge, be suspended until the next term of the court, so as to enable application to be made to the governor for a pardon.
TN Code § 40-22-103 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 22 - Judicial Recommendation of Clemency|§ 40-22-103. Transmittal of Documents and Recommendations to Commissioner

 It is the duty of the presiding judge, where the execution of sentence and judgment has been suspended, as provided by § 40-22-102, to immediately transmit to the commissioner of correction and the board of parole a copy of the indictment or presentment, together with the judge's reasons for suspending the sentence and judgment, and any other recommendations as the judge may think proper to make.
TN Code § 40-22-104 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 22 - Judicial Recommendation of Clemency|§ 40-22-104. Prisoner Placed Under Commissioner

 The presiding judge shall also cause to be entered on the minutes of the trial court an order reciting the reasons for the suspension of the sentence and judgment, and providing that the prisoner whose sentence has been so suspended shall, from the date of suspension, be subject to be placed under the control of the commissioner of correction, and, when so placed, shall be subject to all laws, rules and regulations pertaining to convicts on parole. The board of parole shall consider a person so committed to the custody of the department of correction using the procedures and criteria established in chapter 28 of this title.
TN Code § 40-22-105 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 22 - Judicial Recommendation of Clemency|§ 40-22-105. Custody or Appearance Bond

 It is the duty of the court to hold the defendant in custody unless bond is executed for the appearance of the prisoner at the next term of the court.
TN Code § 40-22-106 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 22 - Judicial Recommendation of Clemency|§ 40-22-106. Execution of Sentence in Absence of Parole or Pardon

 In case the governor does not act by pardoning the prisoner, or the board of parole by paroling the prisoner, by the first day of the next term of court, then it is the duty of the judge to put into execution the sentence and judgment of the court, by delivering, or causing to be delivered, the prisoner to the proper authorities for the execution of the sentence.