reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 2 - UNIFORM LAW TO SECURE ATTENDANCE OF WITNESSES (§§ 40-17-201 — 40-17-212) › Section 40-17-201 - Short title

This part shall be known and may be cited as the "Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings."
Acts 1939, ch. 148, § 1; C. Supp. 1950, § 11979.1; T.C.A. (orig. ed.), § 40-2429.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 2 - UNIFORM LAW TO SECURE ATTENDANCE OF WITNESSES (§§ 40-17-201 — 40-17-212) › Section 40-17-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"State" includes any territory of the United States and the District of Columbia;
(2)
"Summons" includes a subpoena, order or other notice requiring the appearance of a witness; and
(3)
"Witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
Acts 1939, ch. 148, § 2; C. Supp. 1950, § 11979.2; T.C.A. (orig. ed.), § 40-2430.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 2 - UNIFORM LAW TO SECURE ATTENDANCE OF WITNESSES (§§ 40-17-201 — 40-17-212) › Section 40-17-203 - Hearing on summons of witness to testify in another state

If a judge of a court of record in any state, which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under the seal of the court that there is a criminal prosecution pending in the court, or that a grand jury investigation has commenced or is about to commence, and that a person being within this state is a material witness in the prosecution or grand jury investigation, and that the witness's presence will be required for a specified number of days, upon presentation of the certificate to any judge of a court of record in the county in which the person is found, the judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.
Acts 1939, ch. 148, § 3; C. Supp. 1950, § 11979.3; T.C.A. (orig. ed.), § 40-2431.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 2 - UNIFORM LAW TO SECURE ATTENDANCE OF WITNESSES (§§ 40-17-201 — 40-17-212) › Section 40-17-204 - Issuance of summons

If, at a hearing, the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel, will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation has commenced or is about to commence, at a time and place specified in the summons. In any such hearing, the certificate shall be prima facie evidence of all the facts stated in the certificate.
Acts 1939, ch. 148, § 3; C. Supp. 1950, § 11979.3; T.C.A. (orig. ed.), § 40-2432.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 2 - UNIFORM LAW TO SECURE ATTENDANCE OF WITNESSES (§§ 40-17-201 — 40-17-212) › Section 40-17-205 - Ordering witness into custody

If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness's attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be immediately brought before the judge for the hearing. The judge at the hearing, being satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof, may, in lieu of issuing a subpoena or summons, order that the witness be taken into custody immediately and delivered to an officer of the requesting state.
Acts 1939, ch. 148, § 3; C. Supp. 1950, § 11979.3; T.C.A. (orig. ed.), § 40-2433.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 2 - UNIFORM LAW TO SECURE ATTENDANCE OF WITNESSES (§§ 40-17-201 — 40-17-212) › Section 40-17-206 - Penalty for failure to obey summons

If the witness who is summoned as provided in §§
40-17-203
- 40-17-205, after being paid or tendered, by some properly authorized person, compensation in accordance with title 24, chapter 4 for expenses incurred for each day the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Acts 1939, ch. 148, § 3; C. Supp. 1950, § 11979.3; Acts 1971, ch. 119, § 1; 1979, ch. 392, § 3; T.C.A. (orig. ed.), § 40-2434.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 2 - UNIFORM LAW TO SECURE ATTENDANCE OF WITNESSES (§§ 40-17-201 — 40-17-212) › Section 40-17-207 - Certificate recommending summons of witness from another state

If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of the court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure the witness' attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
Acts 1939, ch. 148, § 4; C. Supp. 1950, § 11979.4; T.C.A. (orig. ed.), § 40-2435.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 2 - UNIFORM LAW TO SECURE ATTENDANCE OF WITNESSES (§§ 40-17-201 — 40-17-212) › Section 40-17-208 - Witness fees - Failure to testify after coming into state

If the witness is summoned to attend and testify in this state, the witness shall be tendered compensation for expenses so incurred in accordance with title 24, chapter 4. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If the witness, after coming into this state, fails without good cause to attend and testify, as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Acts 1939, ch. 148, § 4; C. Supp. 1950, § 11979.4; Acts 1971, ch. 119, § 1; 1979, ch. 392, § 4; T.C.A. (orig. ed.), § 40-2436.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 2 - UNIFORM LAW TO SECURE ATTENDANCE OF WITNESSES (§§ 40-17-201 — 40-17-212) › Section 40-17-209 - Immunities of witnesses entering or passing through state on summons

(a)
If a person comes into this state in obedience to a summons directing the witness to attend and testify in this state, the witness shall not, while in this state pursuant to the summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the witness's entrance into this state under the summons.
(b)
If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state, or while returning from that other state, the witness shall not, while so passing through this state, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the witness's entrance into this state under the summons.
Acts 1939, ch. 148, § 5; C. Supp. 1950, § 11979.5; T.C.A. (orig. ed.), § 40-2437.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 2 - UNIFORM LAW TO SECURE ATTENDANCE OF WITNESSES (§§ 40-17-201 — 40-17-212) › Section 40-17-210 - Uniformity of construction

This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
Acts 1939, ch. 148, § 6; C. Supp. 1950, § 11979.6; T.C.A. (orig. ed.), § 40-2438.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 2 - UNIFORM LAW TO SECURE ATTENDANCE OF WITNESSES (§§ 40-17-201 — 40-17-212) › Section 40-17-212 - Request for attendance of federal prisoner as witness in state criminal proceedings

(a)
When a criminal action is pending in a court of record of this state by reason of the filing of an indictment or presentment or by reason of the commencement of a grand jury proceeding or investigation, if:
(1)
There is reasonable cause to believe that a person confined in a federal prison or other federal custody, either within or outside this state, possesses information material to criminal action; and
(2)
The attendance of the person as a witness in the action is desired by a party;
the court may issue a certificate, known as a writ of habeas corpus ad testificandum, addressed to the attorney general of the United States certifying all such facts and requesting the attorney general to cause the attendance of the person as a witness in that court for a specified number of days.
(b)
The certificate may be issued upon application of either the state or defendant demonstrating all the facts specified in this section.
(c)
Upon issuing the certificate, the court shall deliver it, or cause or authorize it to be delivered, to the attorney general or to the attorney general's representative authorized to entertain the request.
Acts 1990, ch. 697, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 40-18-103 - [Obsolete except for persons previously convicted of Class X felonies.] Time for trial - Continuance

(a)
Except as otherwise provided by this section, any charge of a Class X felony shall be tried within one hundred fifty (150) days following arraignment unless delay is occasioned by the defendant, by an examination for competency ordered pursuant to §
33-7-301
, by a competency hearing, by an adjudication of incompetency for trial, by a continuance allowed after a court's determination of the defendant's physical incapacity for trial, or by an interlocutory appeal.
(b)
Where the indictment charges a Class X felony, the trial court, in its discretion, may continue the action only upon the filing of an affidavit by the party seeking the continuance demonstrating that a manifest injustice will result if the action is not continued. Whenever the trial of a Class X felony is continued, it shall within thirty (30) days be set for trial unless the court will not be in session or unless another trial date has been agreed to by the parties and approved by the court. This continuance may be from term to term. The trial court may continue a trial pursuant to this subsection (b) on its own motion if the trial of another Class X felony is in progress at the time set for trial or has been set to conflict with the time needed to try a criminal case where both parties agree.
(c)
Upon good cause shown, either before or after the indictment on a charge other than a Class X felony, the trial court may order the action to be continued from term to term and, in the meantime, may discharge the defendant from custody on the defendant's own undertaking, or on the undertaking of bail for appearance to answer the charge at the time to which the action is continued.
(d)
Upon the motion of a member of the general assembly qualified to make a motion under this section, or the member's attorney or representative, a continuance shall be granted by the trial court at any stage of any action, if it is shown to the satisfaction of the court that an attorney, party or material witness in a criminal prosecution is a member of the general assembly and that:
(1)
The general assembly is in annual regular session or special session; or
(2)
The attorney, party or material witness would be required to be absent from any meeting of a legislative committee while the general assembly is not in session if a continuance is not granted.
(e)
Failure to comply with subsections (a)-(d) shall not act to require release of a defendant from custody or a dismissal or withdrawal of charges.
(f)
Any hearing on a motion for a new trial or on any subsequent appeal, the hearing or trial shall be set, and shall be subject to continuance, substantially in conformity with this section in order to provide for an expedited hearing.
Code 1858, §5192; Shan., § 7156; Code 1932, § 11718; Acts 1971, ch. 121, § 1; 1979, ch. 318, § 19; 1981, ch. 62, § 1; T.C.A. (orig. ed.), § 40-2503.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 40-18-107 - Boarding jurors

(a)
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.
(b)
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.
Amended by 2013 Tenn. Acts, ch. 454,s 23, eff. 5/16/2013.
Acts 1919, ch. 27; Shan. Supp., § 5844; Code 1932, § 10044; mod. C. Supp. 1950, § 10044; Acts 1963, ch. 164, § 1; 1971, ch. 325, § 1; 1982, ch. 926, § 1; T.C.A. (orig. ed.), § 40-2512; Acts 1983, ch. 455, § 1; 1984, ch. 981, §§ 1, 2; 2006, ch. 898, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 40-18-113 - Multiple defendants

(a)
Upon an indictment against several defendants, any one (1) or more may be convicted or acquitted.
(b)
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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 40-18-115 - Women jurors in felony cases

(a)
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.
(b)
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.
Acts 1951, ch. 71, §§ 5, 6 (Williams, §§ 11748.2, 11748.3); T.C.A. (orig. ed.), §§ 40-2526, 40-2527.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 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.
Acts 1965, ch. 47, § 1; 1975, ch. 49, § 1; T.C.A., § 40-2528; Acts 1995, ch. 43, § 1; 2002, ch. 741, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 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.
Acts 1977, ch. 228, § 1; T.C.A., § 40-2530.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 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.
Acts 1995, ch. 339, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 18 - TRIAL AND VERDICT (§§ 40-18-101 — 40-18-119) › Section 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.
Added by 2014 Tenn. Acts, ch. 694,s 2, eff. 7/1/2014.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 19 - DEFECTS IN PROCEEDINGS (§§ 40-19-101 — 40-19-102) › Section 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:
(1)
The clerk of the court omitted to file or enter the person's plea of record;
(2)
The district attorney general, clerk or grand jury omitted to mark a prosecutor upon the indictment;
(3)
The clerk omitted to show in the record sent to the supreme court that there was a prosecutor;
(4)
A defect in making out the caption of the record;
(5)
An omission of any caption to the record sent up to the supreme court;
(6)
The clerk omitted to embody in the record the venire facias;
(7)
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
(8)
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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 19 - DEFECTS IN PROCEEDINGS (§§ 40-19-101 — 40-19-102) › Section 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.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-NEW - [Newly enacted section not yet numbered]

(a)
If a person is convicted of parentage fraud, as described in § 39-14-111, then the judge or jury must ascertain the value of any child support paid by the victim in reliance upon the parentage fraud, and the court must order the defendant to pay restitution of that value of child support to the victim, if not previously restored to the victim.
(b)
To the extent permitted by federal law, a victim of parentage fraud may bring a cause of action to recover other financial support made in reliance upon the parentage fraud.
Added by 2024 Tenn. Acts, ch. 896,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-101 - Judgment after verdict - Modification of verdict

(a)
After a verdict against the defendant, if the judgment is not arrested or a new trial granted, the court shall pronounce judgment.
(b)
If, in the pronouncement of a judgment where a defendant has been retried either following an order granting a retrial by a court of this state or in obedience to a decision of a court of the United States, it becomes necessary that the jury's verdict be modified to prevent a sentence on the second trial being greater than the verdict pronounced at the first trial, then the trial court is authorized to modify the jury's verdict and pronounce judgment accordingly.
Code 1858, § 5225; Shan., § 7198; Code 1932, § 11761; Acts 1972, ch. 591, § 1; T.C.A. (orig. ed.), § 40-2701.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-102 - Discretion as to fine or imprisonment

In all prosecutions for misdemeanors where the punishment prescribed is a fine or imprisonment, or both, the discretion as to the punishment shall be in the court unless otherwise provided.
Code 1932, § 10757; T.C.A. (orig. ed.), § 40-2702.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-103 - Place of confinement

(a)
In no case shall any person convicted of a felony be confined in the penitentiary for less than twelve (12) months. Whenever the minimum punishment is imprisonment in the penitentiary for one (1) year, but in the opinion of the jury the offense merits a lesser punishment, the jury may punish by confinement in the county jail or workhouse for any period less than twelve (12) months, except as otherwise provided.
(b)
In counties of this state having a population in excess of six hundred thousand (600,000), according to the 1970 federal census or any subsequent federal census, in all cases where a person is convicted of a felony, misdemeanor or otherwise punished by confinement, the punishment by confinement will be served by imprisonment in a state penitentiary or county workhouse; provided, however, that in cases where trusty status is desired of the prisoner and is mutually agreed upon by both the sheriff of that county and the trial judge, sentence to the county jail would be allowed to the exclusion of any other statutory law or common law now in effect.
Acts 1859-1860, ch. 63; Shan., § 7206; mod. Code 1932, § 10754; Acts 1980, ch. 694, § 1; T.C.A. (orig. ed.), § 40-2703.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-104 - Term fixed by court - By jury

(a)
When the offense is punished by imprisonment in the county jail or workhouse, the term of imprisonment shall be fixed by the court, unless otherwise provided; provided, that when any person is indicted or presented in a court of record for the alleged commission of any misdemeanor, and pleads not guilty and is tried by a jury, upon demand of defendant timely made, the trial jury shall as a part of its verdict assess the punishment for the offense both as to fine and imprisonment within the limits now or later prescribed by law.
(b)
When a defendant has timely made a request for a jury trial, the judge shall charge the jury that as a part of its verdict in the case, if it finds the defendant guilty, it shall fix the punishment for the offense within the limits prescribed by law, which limits shall be stated in the charge, and the judge shall not comment on the fact that the defendant has made the request for a jury trial.
Code 1858, § 5229 (deriv. Acts 1829, ch. 23, § 76); Shan., § 7202; mod. Code 1932, § 11765; Acts 1947, ch. 82, § 1; C. Supp. 1950, § 11765 (Williams, §§ 11760.1, 11765); Acts 1973, ch. 67, § 1; T.C.A. (orig. ed.), § 40-2704.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-105 - Plea of guilty - Waiver of jury

Nothing in §
40-20-104
shall prevent any person indicted or presented in a court of record for the alleged commission of any misdemeanor as set out in that section from pleading guilty and submitting the case to the trial judge for assessment of punishment; nor shall anything in §
40-20-104
prevent a person, upon a plea of not guilty, from waiving the right to a trial by jury and submitting the case to the trial judge for decision both as to guilt and punishment.
Acts 1947, ch. 82, § 1; C. Supp. 1950, § 11765 (Williams, § 11760.1); T.C.A. (orig. ed.), § 40-2705; Acts 1996, ch. 675, § 32.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-106 - Assessment of punishment for misdemeanor when felony charged

Whenever any person is indicted or presented in a court of record for the alleged commission of any felony, the elements of which include the commission of a misdemeanor, and the defendant pleads not guilty and is tried by a jury, in such case, upon demand of the defendant timely made, the trial jury shall as a part of its verdict, should it find the defendant not guilty of the felony but guilty of a misdemeanor included within the felony, assess the punishment for the misdemeanor offense both as to fine and imprisonment within the limits now or later prescribed by law.
Acts 1947, ch. 82, § 1a, as added by Acts 1949, ch. 202, § 1; C. Supp. 1950, § 11765.1 (Williams, § 11760.1a); T.C.A. (orig. ed.), § 40-2706.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-107 - Verdict and sentence on felony conviction

(a)
Whenever any person over eighteen (18) years of age is convicted of any felony or other crime punishable by imprisonment in the penitentiary, with the punishment for the offense within minimum and maximum terms provided for by law, the jury, in addition to finding the defendant guilty, shall fix the minimum and maximum term of the convicted defendant; provided, that the minimum sentence so fixed shall not be increased to exceed more than twice the minimum sentence as provided by law or the minimum sentence provided by law plus one half (1/2) the difference between the minimum and maximum sentence as provided by law, whichever is less. Its form of verdict shall be: "We find the defendant guilty as charged in the indictment" or "We find the defendant guilty of ____________________ (whatever may be the offense charged), and fix punishment at imprisonment in the penitentiary for not less than ____________________ years nor more than ____________________ years," and the court imposing judgment upon the verdict shall not fix a definite term of imprisonment, but shall sentence the person to the penitentiary for a period of not less than nor more than the term fixed by the jury, making allowance for good time as now provided by law.
(b)
This section shall have no application in the case of persons convicted of second degree murder, rape of a female over the age of twelve (12) years, carnal knowledge and abuse of a female under the age of twelve (12) years, assault and battery upon a female under the age of twelve (12) years with the intent to unlawfully carnally know her, robbery by the use of a deadly weapon, kidnapping for ransom, or any Class X felony. Persons convicted of the offenses of this subsection (b) shall be given a determinate, and not an indeterminate sentence.
Acts 1913, ch. 8, § 1; Shan., § 7202a1; Acts 1923, ch. 52, § 1; Code 1932, § 11766; Acts 1973, ch. 163, §§ 1, 2; 1974, ch. 768, § 1; 1979, ch. 318, § 15; T.C.A. (orig. ed.), § 40-2707.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-108 - Sentence for definite period construed as indeterminate

(a)
If, through mistake or otherwise, any person is sentenced for a definite period of time for any offense, the sentence shall not be void, but the person shall be deemed to be sentenced nevertheless as provided by the terms of §§
40-20-107
- 40-20-110, and shall be entitled to all the benefits and subject to the liabilities under §§
40-20-107
- 40-20-110 in the same manner and to the same extent as if sentence had been pronounced in the terms and manner required thereby.
(b)
This section shall have no application in the case of persons convicted of second degree murder, rape of a female over the age of twelve (12) years, carnal knowledge and abuse of a female under the age of twelve (12) years, assault and battery upon a female under the age of twelve (12) years with the intent to unlawfully carnally know her, robbery by the use of a deadly weapon, or kidnapping for ransom. Persons convicted of the offenses of this subsection (b) shall be given a determinate, and not an indeterminate sentence.
Acts 1913, ch. 8, § 2; Shan., § 7202a5; Code 1932, § 11770; Acts 1974, ch. 768, § 2; T.C.A. (orig. ed.), § 40-2708.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-109 - Jail sentences and fines unaffected

Sections
40-20-107
- 40-20-110 shall not interfere with the operation of statutes providing for punishment for certain offenses by fine or imprisonment in the county jail or both.
Acts 1913, ch. 8, § 1; Shan., § 7202a4; Code 1932, § 11769; T.C.A. (orig. ed.), § 40-2709.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-110 - Sentence for separate offenses - Parole considerations

(a)
If a person is sentenced for two (2) or more separate offenses, sentence shall be pronounced for each offense, and imprisonment may equal, but shall not exceed, the total of the maximum terms provided by law for the offenses, which total shall, for the purpose of §§
40-20-107
- 40-20-110, be construed as one (1) continuous term of imprisonment.
(b)
(1)
The department of correction shall notify the board of parole when inmates sentenced to consecutive sentences which require custodial parole consideration reach parole eligibility on their initial sentences.
(2)
The board shall determine when the inmate will begin service of the inmate's consecutive sentence.
(3)
No parole certificate shall be required, and the inmate shall be heard for parole when eligible on the inmate's consecutive sentence.
(4)
The board has the authority to begin custodial parole effective on any date on or after the custodial parole eligibility date.
(5)
A bona fide offer of employment shall not be required for custodial parole.
Acts 1913, ch. 8, § 1; Shan., § 7202a3; Code 1932, § 11768; Acts 1982, ch. 739, § 1; T.C.A. (orig. ed.), § 40-2710; Acts 1990, ch. 645, § 1; 1998, ch. 1049, § 19.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-111 - Concurrent or cumulative sentences

(a)
When any person has been convicted of two (2) or more offenses, judgment shall be rendered on each conviction after the first conviction; provided, that the terms of imprisonment to which the convicted person is sentenced shall run concurrently or cumulatively in the discretion of the trial judge. The exercise of the discretion of the trial judge shall be reviewable by the supreme court on appeal.
(b)
In any case in which a defendant commits a felony while the defendant was released on bail in accordance with chapter 11, part 1 of this title, and the defendant is convicted of both offenses, the trial judge shall not have discretion as to whether the sentences shall run concurrently or cumulatively, but shall order that the sentences be served cumulatively.
Code 1858, § 5228; Shan., § 7201; Acts 1919, ch. 115, § 1; Code 1932, § 11764; Acts 1979, ch. 227, § 1; T.C.A. (orig. ed.), § 40-2711.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-112 - Judgment of infamy - Right of suffrage - Competency as a witness

Upon conviction for any felony, it shall be the judgment of the court that the defendant be infamous and be immediately disqualified from exercising the right of suffrage. No person so convicted shall be disqualified to testify in any action, civil or criminal, by reason of having been convicted of any felony, and the fact of conviction for any felony may only be used as a reflection upon the person's credibility as a witness.
Code 1858, § 5226 (deriv. Acts 1829, ch. 23, § 71); Shan., § 7199; mod. Code 1932, § 11762; Acts 1941, ch. 64, § 1; C. Supp. 1950, § 11762; Acts 1953, ch. 194, § 1; 1972, ch. 740, § 4(70); 1981, ch. 342, § 1; T.C.A. (orig. ed.), § 40-2712; Acts 1996, ch. 675, § 33.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-113 - Judgment of infamous crime to be sent to election commission

The clerks of the criminal and circuit courts shall notify the county election commission of each person convicted of an infamous crime on a form to be furnished by the state coordinator of elections pursuant to §
2-11-202
.
Amended by 2014 Tenn. Acts, ch. 724,s 8, eff. 4/16/2014.
Acts 1981, ch. 345, § 1; 1982, ch. 631, § 1; T.C.A., § 40-2713; Acts 1985, ch. 132, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-115 - Disqualification from fiduciary office

The effect of a sentence of imprisonment in the penitentiary is to put an end to the right of the inmate to execute the office of executor, administrator or guardian, fiduciary or conservator, and operates as a removal from office.
Amended by 2013 Tenn. Acts, ch. 435,s 33, eff. 7/1/2013.
Code 1858, § 5230; Shan., § 7203; Code 1932, § 11789; T.C.A. (orig. ed.), § 40-2715.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-116 - Order of restitution

(a)
Whenever a felon is convicted of stealing or feloniously taking or receiving property, or defrauding another of property, the jury shall ascertain the value of the property, if not previously restored to the owner, and the court shall, thereupon, order the restitution of the property, and, in case this cannot be done, that the party aggrieved recover the value assessed against the prisoner, for which execution may issue as in other cases.
(b)
If the property has been feloniously destroyed, the jury shall ascertain the damages sustained, upon which judgment shall be rendered in favor of the party aggrieved against the defendant, and execution shall issue as provided in subsection (a).
(c)
This section is cumulative, and does not deprive the party injured of any other right the party may have for the recovery of property or its value.
Code 1858, §§ 5233-5235 (deriv. Acts 1829, ch. 23, § 79); Shan., §§ 7208-7210; Code 1932, §§ 11795-11797; T.C.A. (orig. ed.), §§ 40-2716 -- 40-2718.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 1 - GENERAL PROVISIONS (§§ 40-20-NEW — 40-20-117) › Section 40-20-117 - Jail or workhouse sentences of less than one (1)

(a)
Whenever any person is sentenced to imprisonment in a county jail or workhouse for a period not to exceed eleven (11) months and twenty-nine (29) days, the judge of the court in which the sentence is imposed may, in the judge's discretion, include in the order of judgment suitable provisions and directions to the officer to whose custody the prisoner is committed for safekeeping as will ensure that the convicted person will be allowed to serve the sentence on nonconsecutive days, which may include, but is not limited to, weekends, between hours to be specified in the judgment, which provisions or directions may be revoked, suspended or amended from time to time by the judge of the committing court until the sentence is served or until the convicted person is lawfully released prior to the expiration of the person's sentence.
(b)
The sheriff, warden, superintendent or other official having responsibility for the safekeeping of the convicted person in any jail or workhouse shall adopt procedures for the release of the convicted person at the times specified in the order of judgment and for receiving the person back into custody at the specified times. Willful failure of any official to comply with the directions of the court constitutes contempt of court, punishable as provided by law for contempt generally.
(c)
Failure of the convicted person to surrender to the custody of the sheriff, warden, superintendent or other official responsible for the convicted person's safekeeping in the jail or workhouse within the time specified in the order of judgment constitutes grounds for the suspension or revocation of the privilege granted, in the discretion of the court. The order of judgment may specify time limits beyond which a continued absence shall be considered an escape and the offender shall then be liable to punishment for escape as provided by law; provided, that the person sentenced may elect to serve the person's sentence on consecutive days.
Acts 1970, ch. 458, § 1; T.C.A., § 40-2719.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 2 - SPECIAL ALTERNATIVE INCARCERATION UNIT PROGRAM (§§ 40-20-201 — 40-20-207) › Section 40-20-201 - Department of correction - Authority

Notwithstanding any other provision of the law to the contrary, in the event that an offender is sentenced to confinement in the department of correction for six (6) years or less and is committed to the department, the department shall have the authority to place the offender in a special alternative incarceration unit in lieu of confinement in a regular state penal facility. In such a unit the offender shall, at a minimum, be required to participate for a period of ninety (90) days in an intensive regimen of work, exercise, military-type discipline and available treatment programs in accordance with policies and procedures established by the department.
Acts 1989, ch. 217, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 20 - JUDGMENT AND SENTENCE (§§ 40-20-NEW — 40-20-303) › Part 2 - SPECIAL ALTERNATIVE INCARCERATION UNIT PROGRAM (§§ 40-20-201 — 40-20-207) › Section 40-20-202 - Participation in available treatment programs

An offender's participation in any available treatment programs shall be in addition to, and shall not have the effect of reducing or otherwise diminishing, the offender's participation in the full regimen of work, exercise and military-type discipline required by the special alternative incarceration program.
Acts 1989, ch. 217, § 3.