reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-108 - Sheriff's statement of intoxicants held

At each term of the circuit or criminal court, the sheriff shall deliver to the circuit or criminal court judge holding same a written statement showing all intoxicating liquors in the sheriff's possession, setting forth the kind and quantity of same and the name of the person from whom the same have been taken, if such name is known to the sheriff, and where the name of such person is unknown to the sheriff, such statement shall set out the date of the posting of the notice required by §
57-9-110
.
Acts 1919, ch. 50, § 7; Shan. Supp., § 6798a19b7; Code 1932, § 11230; T.C.A. (orig. ed.), § 57-609.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-109 - Notice to owners

The filing of the statement, set out in §
57-9-104
, shall be the only notice that is necessary to be given to the person from whom such liquors were taken, where the person resides within the jurisdiction of the court or where the person was arrested at the time of the seizure of such liquors.
Acts 1919, ch. 50, § 5; Shan. Supp., § 6798a19b5; Code 1932, § 11228; T.C.A. (orig. ed.), § 57-610.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-110 - Notice when name of owner unknown

If the name of the person transporting, receiving or possessing intoxicating liquors which have been seized in accordance with this part be unknown to the sheriff or other officer seizing the same, then, in that event, the sheriff or other officer taking possession of the same shall so certify in the statement required to be filed by §
57-9-104
, and the clerk of such circuit or criminal court shall give notice to whom it may concern by notice posted at the courthouse door of the county within which such liquors were seized, setting forth in substance that such liquors have been seized in accordance with this part, and notifying all persons claiming same to do so within thirty (30) days from the date of the posting of such notice, and that if they fail to do so, they will forfeit all right in and to the same and that condemnation and forfeiture thereof will be in the nature of proceedings in rem.
Acts 1919, ch. 50, § 6; Shan. Supp., § 6798a19b6; Code 1932, § 11229; T.C.A. (orig. ed.), § 57-611.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-111 - Claimants of liquor - Petition

All persons claiming any interest in intoxicating liquors seized in accordance with this part shall do so by petition, which petition shall be filed in the circuit or criminal court of the county in which such liquors were seized, within ten (10) days after the filing of the statement showing the seizure thereof required in §
57-9-104
; provided, however, that persons for whom advertisement is made by notice as herein required may file such petition within the time set out in such notice. It shall be the duty of the sheriff to ascertain what notices have been posted by the clerk in accordance with this part and make return thereof to the court as hereinbefore provided.
Acts 1919, ch. 50, § 8; Shan. Supp., § 6798a19b8; Code 1932, § 11231; T.C.A. (orig. ed.), § 57-612.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-112 - Answer to petition claiming ownership

It shall be the duty of the district attorney general to investigate and file answer to any petition alleging ownership of or any interest in any intoxicating liquors seized under this part, and to represent the state upon the hearing of such petition.
Acts 1919, ch. 50, § 12; Shan. Supp., § 6798a19b12; Code 1932, § 11235; modified; T.C.A. (orig. ed.), § 57-613.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-113 - Answer to petition claiming ownership

The hearing of such petition shall be had in a summary manner, before the court sitting without a jury.
Acts 1919, ch. 50, § 14; Shan. Supp., § 6798a19b14; mod. Code 1932, § 11237; T.C.A. (orig. ed.), § 57-614.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-114 - Determination of claims to liquor

Where any person claims an interest in any liquor seized in accordance with this part, the court shall hear and determine the question of the right of such person so claiming an interest in such liquors; but no person shall be deemed to have any property right in any intoxicating liquors transported, received, or possessed in violation of the laws of this state; and if the court, upon the hearing of any petition alleging ownership of, or an interest in intoxicating liquors, shall ascertain that the same have been received, transported or possessed in violation of any law of this state, the court shall direct the sale or destruction thereof by the sheriff as set out in §§
57-9-115
- 57-9-119.
Acts 1919, ch. 50, § 10; Shan. Supp., § 6798a19b10; Code 1932, § 11233; Acts 1947, ch. 127, § 2; C. Supp. 1950, § 11233; T.C.A. (orig. ed.), § 57-615.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-116 - Report of sales

All sales of liquor made as directed in §§
57-9-115
- 57-9-119 shall be reported to the court in writing, stating the amount disposed of, the prices obtained therefor, and such other information as the court may require. If it shall appear that the sheriff has complied with the order of the court directing the sale, then such report shall be approved and entered on the minutes of the court.
Acts 1947, ch. 127, § 1; C. Supp. 1950, § 11232; T.C.A. (orig. ed.), § 57-617.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-117 - Disposition of liquor bearing no federal tax stamp - Destruction of spoiled liquor

Should liquor not having a federal stamp on the bottle or package be captured or taken in possession by officers, then the court shall order such liquor destroyed, or may order it turned over to federal authorities for evidence; and if it should appear that any liquor seized in accordance with this part, though having a federal stamp thereon, is not fit for consumption, the court shall order the same to be destroyed.
Acts 1947, ch. 127, § 1; C. Supp. 1950, § 11232; T.C.A. (orig. ed.), § 57-618.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-118 - Sheriff's inventory to facilitate credit to proper jurisdiction

It shall be the duty of the sheriff to keep separate inventories of liquor that is captured by police officers and liquor captured by other officers, so that the funds derived from the sale thereof may be properly divided between the county and incorporated city, town or municipality.
Acts 1919, ch. 50, § 9; Shan. Supp., § 6798a19b9; Code 1932, § 11232; Acts 1947, ch. 127, § 1; C. Supp. 1950, § 11232; T.C.A. (orig. ed.), § 57-619.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-119 - No disposition prior to time for filing claim

The court shall not order the sale or destruction of any of the liquors seized under this part until the time for filing petitions, alleging ownership thereof or an interest therein, as provided in §
57-9-111
, shall have elapsed.
Acts 1919, ch. 50, § 9; Shan. Supp., § 6798a19b9; Code 1932, § 11232; Acts 1947, ch. 127, § 1; C. Supp. 1950, § 11232; T.C.A. (orig. ed.), § 57-619.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-120 - Possession of liquor is prima facie evidence of unlawful transportation, reception, and possession

In proceedings under this part, the possession of intoxicating liquors, except by persons expressly authorized to transport, receive, or possess the same under the laws of this state, shall be prima facie evidence that such liquors have been transported, received, or possessed in violation of the laws of this state.
Acts 1919, ch. 50, § 11; Shan. Supp., § 6798a19b11; Code 1932, § 11234; T.C.A. (orig. ed.), § 57-620.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 1 - GENERAL PROVISIONS (§§ 57-9-101 — 57-9-121) › Section 57-9-121 - Violation of preceding sections - Penalty

(a)
Any person violating any of the provisions of this part is guilty of a Class C misdemeanor.
(b)
Any officer violating the provisions of this part shall also forfeit the office and be ineligible to reappointment or reelection to same for a period of five (5) years.
Acts 1919, ch. 50, § 15; Shan. Supp., § 6798a19b15; Code 1932, § 11238; T.C.A. (orig. ed.), § 57-621; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 2 - UNSTAMPED BEVERAGES - UNLICENSED DEALERS (§§ 57-9-201 — 57-9-206) › Section 57-9-203 - Review of action of commission - Appeal to supreme court

(a)
The action of the alcoholic beverage commission may be reviewed by petition for common-law writ of certiorari, addressed to the circuit court of Davidson County, which petition shall be filed within ten (10) days from the date the order of the commission is made.
(b)
Immediately upon the grant of the writ of certiorari the commission shall cause to be made, certified and forwarded to the court a complete transcript of the proceedings in the cause, which shall contain all the proof submitted before the commission. All defendants named in the petition desiring to make defense shall answer or otherwise plead to the petition within ten (10) days from the date of the filing of the transcript unless the time be extended by the court.
(c)
The decision of the commission shall be reviewed by the circuit court solely upon the pleadings and the transcript of the proceedings before the commission, and neither party shall be entitled to introduce any additional evidence in the circuit court. The confiscated goods shall not be sold pending such review, but shall be stored by the commission until the final disposition of the case.
(d)
Within the discretion of the commission, the claimant may be awarded possession of the confiscated goods pending the decision of the circuit court under the petition of certiorari; provided, that the claimant shall be required to execute a bond payable to the state of Tennessee in an amount double the value of the property seized, the sureties to be approved by the commission. The condition of the bond shall be that the obligors shall pay to the state, through the commission, the full value of the goods or property seized, unless upon certiorari the decision of the commission shall be reversed and the property awarded to the claimant.
(e)
Either party dissatisfied with the judgment or decree of the circuit court may upon giving bond as required in other suits, appeal to the supreme court, and have a reexamination, in that court, of the whole matter of law and fact appearing in the record. When any such appeal is made, the clerk of the circuit court in which such suit was pending shall include as a part of the record the original certified transcript of the proceedings had before the commission. The appeal shall be advanced upon the docket of the supreme court as one of such precedence, and heard as promptly as practicable.
Acts 1941, ch. 119, § 3; 1945, ch. 88, § 1; C. Supp. 1950, § 6648.26 (Williams, § 6648.28); impl. am. Acts 1963, ch. 258, §§ 2, 3; T.C.A. (orig. ed.), § 57-624; Acts 1981, ch. 449, § 2.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 2 - UNSTAMPED BEVERAGES - UNLICENSED DEALERS (§§ 57-9-201 — 57-9-206) › Section 57-9-204 - Forfeiture of unclaimed property - Exclusivity of remedy

(a)
If no claim is interposed, such alcoholic beverages or other property shall be forfeited without further proceedings and the same shall be sold as herein provided.
(b)
The above procedure is the sole remedy of any claimant, and no court shall have jurisdiction to interfere therewith by replevin, injunction, supersedeas or in any other manner.
Acts 1941, ch. 119, § 4; C. Supp. 1950, § 6648.27 (Williams, § 6648.29); Acts 1955, ch. 347, § 7; 1959, ch. 302, § 2; T.C.A. (orig. ed.), § 57-625.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 2 - UNSTAMPED BEVERAGES - UNLICENSED DEALERS (§§ 57-9-201 — 57-9-206) › Section 57-9-205 - Employment of aides and assistants by commission - Disposition of revenues.

(a)
The commission shall have the authority, by and with the consent of the governor, to employ such aides and assistants that may be deemed necessary in the proper enforcement of this part and the collection of all taxes upon alcoholic beverages containing more than five percent (5%) alcohol, whose compensation shall be approved by the governor and paid out of the funds or receipts collected from taxes on alcoholic beverages; provided, however, that the cost of administering the alcoholic beverage statutes shall not exceed five percent (5%) of the gross amount of the revenues collected from such sources, which expenses shall be deducted before any allocation or distribution is made by the state.
(b)
The proceeds of all seizures, confiscations and sales made under this part shall be paid by the commission into the state treasury; provided, that ten percent (10%) of such proceeds shall be set aside as expenses for the administration of this part.
(c)
All revenues derived from the sales of contraband goods after deducting the expenses of the enforcement of this part shall be distributed as in the case of other revenues from alcoholic beverages; that is, one-half (1/2) to the state and one-half (1/2) to the counties, as provided by §
57-3-306
.
Acts 1941, ch. 119, § 5; C. Supp. 1950, § 6648.28 (Williams, § 6648.30); impl. am. Acts 1963, ch. 258, §§ 2, 3; T.C.A. (orig. ed.), § 57-626.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 9 - DISPOSITION (§§ 57-9-101 — 57-9-206) › Part 2 - UNSTAMPED BEVERAGES - UNLICENSED DEALERS (§§ 57-9-201 — 57-9-206) › Section 57-9-206 - Employees authorized to carry arms - Execution of search warrants

(a)
Any duly authorized representative or employee of the commission, who has been designated by the commission to enforce this part, is authorized and empowered to go armed, or carry a pistol while on active duty engaged in enforcing this part.
(b)
Any such duly authorized representative or employee of the commission who has been designated by the commission to enforce this part is authorized and empowered to execute search warrants and do all acts incident thereto, in the same manner as search warrants may be levied by sheriffs and other peace officers.
Acts 1941, ch. 119, § 6; C. Supp. 1950, § 6648.29 (Williams, § 6648.31); impl. am. Acts 1963, ch. 258, §§ 2, 3; T.C.A. (orig. ed.), § 57-627.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 10 - ALCOHOL-RELATED INJURIES (§§ 57-10-101 — 57-10-102) › Section 57-10-101 - Proximate cause

The general assembly hereby finds and declares that the consumption of any alcoholic beverage or beer rather than the furnishing of any alcoholic beverage or beer is the proximate cause of injuries inflicted upon another by an intoxicated person.
Acts 1986, ch. 519, § 1.
2023 Tennessee Code › Title 57 - INTOXICATING LIQUORS (§§ 57-1-101 — 57-10-102) › Chapter 10 - ALCOHOL-RELATED INJURIES (§§ 57-10-101 — 57-10-102) › Section 57-10-102 - Standard of proof

Notwithstanding §
57-10-101
, no judge or jury may pronounce a judgment awarding damages to or on behalf of any party who has suffered personal injury or death against any person who has sold any alcoholic beverage or beer, unless such jury of twelve (12) persons has first ascertained beyond a reasonable doubt that the sale by such person of the alcoholic beverage or beer was the proximate cause of the personal injury or death sustained and that such person:
(1)
Sold the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold; or
(2)
Sold the alcoholic beverage or beer to a visibly intoxicated person and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold.
Acts 1986, ch. 519, §2; 2009 , ch. 492, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-101 - Short title

Parts 1, 2 and 4-6 of this chapter may be cited as the "Tennessee Military Code of 1970."
Amended by 2017 Tenn. Acts, ch. 271,s 1, eff. 5/4/2017.
Acts 1970, ch. 596, § 1; T.C.A., § 7-101.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-103 - Custom and usage of the armed forces of the United States - Regulations continued in effect

(a)
All matters relating to the organization, discipline and government of the Tennessee national guard, not otherwise provided for in parts 1, 2 and 4-6 of this chapter, or by regulations issued pursuant thereto, shall be decided by the customs and usage of the appropriate force or forces of the armed forces of the United States.
(b)
All regulations in effect on March 2, 1970, and consistent with parts 1, 2 and 4-6 of this chapter, shall hereby continue in effect until such time as the same may be modified, rescinded, superseded, or otherwise changed by regulations issued pursuant to such sections.
Acts 1970, ch. 596, §§ 100, 101; T.C.A., § 7-103.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-104 - Military forces - Division and composition

(a)
The military forces of the state, in conformity with the Constitution of Tennessee, shall be divided into three (3) parts, as follows: the army, the navy and the militia.
(b)
The army shall be composed of an army national guard and an air national guard, which forces, together with an inactive national guard, when such is authorized by the laws of the United States and regulations issued pursuant thereto, shall comprise the Tennessee national guard; and the Tennessee state guard, whenever such a state force shall be duly organized, and its reserve.
(c)
The navy shall consist of such naval or sea forces as may be duly organized.
(d)
The militia shall consist of all able-bodied male citizens who are residents of this state and between eighteen (18) and forty-five (45) years of age and who are not members of the army or navy as hereinabove defined, and who may not otherwise be exempted by the laws of this state or the United States.
Acts 1970, ch. 596, § 3; T.C.A., § 7-104; Acts 1985, ch. 36, §§ 13, 14; 1998, ch. 584, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-105 - Commander-in-chief of military forces - Powers - Regulations

The governor shall be the commander-in-chief of the military forces, except when they shall have been called into the service of the United States, and is authorized and empowered:
(1)
To issue all such orders, rules and regulations as may be necessary to provide for the organization, government, discipline, maintenance, training, and equipment of the national guard. All such orders, rules and regulations issued by the governor shall have the force and effect of law, but they shall conform to the laws and regulations of the United States relating to the organization, discipline and training of the national guard, to parts 1, 2 and 4-6 of this chapter and as nearly as practicable to the laws and regulations governing the United States army and the United States air force;
(2)
Upon the duly and legally constituted call of the president of the United States, to call into service all or any portion of the military forces of the state;
(3)
To appoint, commission and determine the grade of all officers and to select all warrant officers;
(4)
To determine and fix the home station and location of the various units of the national guard;
(5)
To provide such buildings, facilities and grounds as may be necessary to conduct the various activities of the branches and units of the national guard;
(6)
To have, exercise and enjoy such other, further and general powers with respect to the military forces, as may be necessary to execute parts 1, 2 and 4-6 of this chapter or any other statute, or any constitutional provision affecting the military forces, as such statutes and constitution may now exist, or with any amendments thereto or changes therein; and
(7)
To issue rules, regulations and guidelines specifying the manner, conditions and time period in which a military unit may engage in voluntary aid or assistance.
Acts 1970, ch. 596, § 4; 1978, ch. 830, § 2; T.C.A., § 7-105.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-107 - Troops on active duty - Commanding officers - Powers and duties

When troops of the national guard are assigned to any state duty contemplated hereby, they shall act under the orders of the governor as commander in chief. Commanding officers of troops so employed are responsible only to their military superiors, and shall not act under, nor be subject to, the orders of any civil officer; they shall apply military tactics in respect to the manner in which they shall act to accomplish their missions, and shall use the minimum amount of force necessary to ensure the accomplishment thereof.
Acts 1970, ch. 596, § 6; T.C.A., § 7-107.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-108 - Active state duty - Individuals

The governor is authorized and empowered to call individual members of the national guard to active state duty with their consent, for the performance of any official duty in connection with national guard activities.
Acts 1970, ch. 596, § 7; T.C.A., § 7-108.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-109 - Active duty pay

(a)
Members of the national guard when assigned to state military duty by the commander in chief, or when ordered to active state service pursuant to §
58-1-106
, shall be paid from the funds appropriated, or otherwise legally made available to the military department, at the same rate of pay and allowances as are at the time provided for the same grade and ratings in active federal service, except that lesser rates of pay may be prescribed by the adjutant general for personnel on full-time active duty; provided, however, that no member shall receive less than fifty dollars ($50.00) per day. No member shall receive less than fifty-five dollars ($55.00) per day when called to active duty in case of grave emergency under §
58-1-106
.
(b)
The compensation for members of the national guard under this section must accrue upon being ordered to active state service. The payment of compensation to the members must use this state's established weekly pay cycle as needed to effectuate compensation.
Amended by 2023 Tenn. Acts, ch. 360,s 1, eff. 7/1/2023.
Acts 1970, ch. 596, § 8; 1971, ch. 184, § 1; T.C.A., § 7-109; Acts 1987, ch. 128, §§ 1, 2.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-110 - Military staff of the governor

The military staff of the governor shall consist of the adjutant general, who shall be ex officio chief of staff, the national guard officers assigned to the state headquarters, and such aides-de-camp as the governor shall deem necessary, all of whom shall be federally recognized, commissioned officers detailed by the governor from the national guard. Officers detailed pursuant to this section shall not be relieved from their ordinary duties except when actually on duty with the governor. The military staff of the governor shall perform such personal and ceremonial duties as may be required by the governor.
Acts 1970, ch. 596, § 9; T.C.A., § 7-110.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-111 - Honorary staff of the governor

The honorary staff of the governor shall consist of the adjutant general, who shall be ex officio chief of staff, and such honorary aides-de-camp as the governor may deem desirable or proper. Honorary staff officers shall bear the honorary rank and title of colonel.
Acts 1970, ch. 596, § 10; T.C.A., § 7-111.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-112 - Martial rule - Proclamation by governor - Procedure

(a)
Whenever any portion of the national guard is employed pursuant to §
58-1-106
, the governor, if in the governor's judgment the maintenance of law and order will thereby be promoted, may, by proclamation, declare the county or city in which troops are serving, or any specified portion thereof, to be under martial rule.
(b)
Following the governor's martial rule proclamation, the governor may promulgate the following orders to protect life and property or to bring the emergency situation under control:
(1)
The establishment of a curfew and the prohibition and control of pedestrian and vehicular traffic, except essential emergency vehicles and personnel;
(2)
The designation of specific zones within which the occupance and use of buildings and the ingress and egress of vehicles and persons may be prohibited or regulated;
(3)
The regulation and closing of places of amusement and assembly;
(4)
The prohibition of the sale and distribution of alcoholic beverages;
(5)
The prohibition and control of the presence of persons on public streets;
(6)
The regulation and control of the possession, storage, display, sale, transport and use of firearms, other dangerous weapons and ammunition; provided, that nothing in this subdivision (b)(6) shall be construed as authorizing confiscation of lawfully possessed firearms and ammunition during any period of martial rule; and
(7)
The regulation and control of the possession, storage, display, sale, transport and use of explosives, and flammable materials and liquids.
(c)
Such orders shall be effective from the time and in the manner prescribed in such orders and shall be given to the press, radio and television media for publication and broadcast.
(d)
Nothing in this section shall be construed to authorize a declaration of martial law, in the sense of the unrestricted power of military officers, or others, to dispose of the persons, liberties or property of the citizen.
Acts 1970, ch. 596, § 11; T.C.A., § 7-112; Acts 2009, ch. 288, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-113 - Service without the state - Offenses committed - Jurisdiction

(a)
The governor may order the national guard, or any part thereof, to serve outside the borders of this state or of the United States in order to perform military duty of every description and to participate in parades, reviews, cruises, conferences, encampments, maneuvers or other training and to participate in small arms and other military competitions and to attend service schools.
(b)
Officers and enlisted men of the national guard shall be subject to and governed by this chapter while without this state under the order or authorization of the governor under subsection (a) in like manner and to the same extent as when on duty within this state under orders of the governor so as to allow the governor and the courts of this state to have jurisdiction over such guardsmen for offenses committed while physically outside the state, so long as the state where the offense was committed and the accused agree to the trial of the issue in the Tennessee courts.
Acts 1970, ch. 596, § 12; 1975, ch. 45, § 1; T.C.A., § 7-113.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-114 - Military department constituted

That agency, division or department of the state government, comprising the headquarters of the military forces of the state as constituted and defined in §
58-1-104
, and the emergency management agency, shall be known and is hereby designated as the military department. The adjutant general shall be the executive head of the military department and commanding general of the military forces of the state.
Acts 1970, ch. 596, § 13; T.C.A., § 7-114.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-115 - Adjutant general - Appointment

The adjutant general shall be appointed by the governor for a term concurrent with the term of the governor who appointed the adjutant general, and shall serve as such at the pleasure of the governor. The adjutant general shall have such rank as may be conferred by the governor, but in no event shall such rank be higher than that of lieutenant general. The adjutant general shall be a member of the Tennessee national guard who meets all of the qualifications to be a federally recognized general officer.
Acts 1970, ch. 596, § 14; T.C.A., § 7-115; Acts 2007, ch. 140, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-116 - Duties of the adjutant general - Records of office as evidence

(a)
The adjutant general shall be chief of staff to the governor and subordinate only to the governor in matters pertaining to the military department and the military and naval affairs of the state.
(b)
It shall be the duty of the adjutant general to direct the planning and employment of the military forces of the state in carrying out their state military mission; to establish unified command of state forces whenever they shall be jointly engaged; to coordinate the military and naval affairs with the civil defense of the state. The adjutant general shall be custodian of all military records and shall keep the same indexed and available for ready reference. The adjutant general shall keep an itemized account of all moneys received and disbursed from all sources and shall make a biennial report to the governor on the condition of the military department and the military forces of the state, together with such other matters relating to the military department, as the adjutant general shall deem expedient, or as may be directed by the governor. The adjutant general shall cause the laws and regulations relating to the military department to be distributed to all military forces of the state. The adjutant general shall further perform such duties pertaining to the adjutant general's office as from time to time may be provided by the laws, rules and regulations of the United States and such as may be designated by the governor.
(c)
The adjutant general shall have a seal of office approved by the governor and all copies and papers in the military department, duly certified and authenticated under such seal shall be evidence in like manner as if the original were produced.
(d)
Whenever the governor and those in succession to the governor under the constitution and laws of the state shall be unable to perform the duties of commander in chief, such duties shall devolve upon the adjutant general.
Acts 1970, ch. 596, § 15; T.C.A., § 7-116.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-117 - Design of the flag or banner of the military department

The flag or banner of the Tennessee military department shall be of the following design, colors and proportions: an oblong flag or banner, the principal field of the flag or banner to be of the color blue, but the flag or banner ending at its free or outer end in a perpendicular bar of crimson, of uniform width, running from side to side, that is to say, from top to bottom of the flag or banner, and separated from the blue field by a narrow margin or stripe of white of uniform width; the width of the white stripe to be one third (1/3) that of the crimson bar; and the total width of the bar and stripe together to be equal to one sixteenth (
1
/
16
) of the width of the flag. In the center of the blue field shall be a distinctive crest. The crest shall be composed of a gold circle. Within the gold circle shall be a blue field with "Tennessee Military Department" in white along the top arch. The year "1796" in white shall be along the bottom arch of the circle. Three (3) white stars, representing the three (3) grand divisions of the state, shall be spaced equally on the sides of the language "1796". A gold circle lies within the outer ring. The interior of the gold circle shall be white. Centered within the white field shall be a representation of the state of Tennessee, designed in the manner of the Tennessee state flag. A black and white line drawing of the Minuteman, the symbol of the National Guard, shall be centered within the white circle, in the foreground, and shall overlap the inner gold circle at the top and bottom. The distinctive crest shall be proportional to the appropriate size of the flag.
Acts 2008 , ch. 645, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-118 - Offenses involving improper use or display of military decorations, medals or badges

(a)
(1)
It is an offense for a person to wear or display any decoration or medal authorized by congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of those forces, or the ribbon, button or rosette of any such badge, decoration or medal, or any colorable imitation thereof, with the intent to deceive or misrepresent to another that the person is authorized under regulations made pursuant to law to wear or display the badge, decoration or medal.
(2)
It is an offense for a person to falsely represent, whether verbally or in writing, that the person has been awarded any decoration or medal authorized by congress for the armed forces of the United States, any of the service medals or badges awarded to the members of those forces, the ribbon, button or rosette of any such badge, decoration or medal, or any colorable imitation of such item.
(b)
(1)
It is an offense for a person to wear or display any decoration or medal authorized by the Tennessee military department, or the ribbon, button or rosette of any such decoration or medal, or any colorable imitation thereof, with the intent to deceive or misrepresent to another that the person is authorized under regulations made pursuant to law to wear or display any such decoration or medal.
(2)
It is an offense for a person to falsely represent, whether verbally or in writing, that the person has been awarded any decoration or medal authorized by the Tennessee military department, or the ribbon, button or rosette of any such decoration or medal, or any colorable imitation thereof.
(c)
A violation of subsection (a) or (b) is a Class B misdemeanor, except if a decoration or medal involved is a Congressional Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart or any replacement or duplicate medal for such medal as authorized by law, then a violation of subsection (a) or (b) is a Class A misdemeanor.
Acts 2009, ch. 274, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-119 - Offense of impersonating a member of the United States armed forces

(a)
It is an offense for a person to falsely impersonate or represent to another, whether by conduct, dress, verbally or in writing, that such person or a third party is or was a member of the armed forces of the United States with the intent to deceive or cause another to believe the representation when the person knows it to be false.
(b)
It is not a defense to prosecution under this section that the person making the false representation received no benefit or monetary thing or value from it.
(c)
This section shall not apply to wearing the dress of a member of the armed forces if done for the following purposes:
(1)
Instructional;
(2)
Law enforcement;
(3)
Theatrical, motion picture or entertainment;
(4)
Historical, ceremonial or educational; or
(5)
As a costume if worn in accordance with or not prohibited by regulations promulgated pursuant to law.
(d)
Nothing in this section shall be construed to prohibit prosecution under any other applicable statute if the person derives a benefit or thing of value from the impersonation.
(e)
Impersonation of a member of the armed forces is a Class B misdemeanor.
Acts 2012, ch. 612, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-120 - Critical Skills Retention Bonus Program

(a)
Subject to available appropriations, the military department may administer a critical skills retention bonus program to be used to award retention bonuses to enlisted service members in the Tennessee national guard in addition to any other retention bonus the service members may receive. A retention bonus awarded from the program must not exceed ten thousand dollars ($10,000).
(b)
The adjutant general shall adopt written policies to implement the critical skills retention bonus program consistent with this section.
Added by 2024 Tenn. Acts, ch. 847,s 1, eff. 5/1/2024.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 1 - MILITARY FORCES - IN GENERAL (§§ 58-1-101 — 58-1-121) › Section 58-1-121 - State employees who are members of the Reserve or National Guard called to full-time military duty

(a)
As used in this section, unless the context otherwise requires:
(1)
"Contingency operation" means a military operation that results in the call or order to active duty, or retention on active duty, of members of the uniformed services under
10 U.S.C. § 688
; §
12301(a)
; §
12302
; §
12304
; §
12304a
; §
12304b
; §
12305
; §
12406
; chapter 15 of title 10 U.S.C.; or another provision of law during a war or during a national emergency declared by the president or congress;
(2)
"Governor" means the governor of this state;
(3)
"Partial pay" means the difference, if any, between a state employee's regular state salary and the employee's full-time active duty military pay, with a minimum monthly amount sufficient to keep in full force and effect all state benefits that the employee had on the date of the call to active military duty; and
(4)
"State employee" means an employee employed with an entity described in § 8-30-102(a), § 8-30-102(b)(2)-(3), § 8-30-102(b)(5)-(7), or § 8-30-102(b)(10)-(11).
(b)
A state employee ordered to active duty, or retained on active duty, by the president of the United States, or under the authority of the governor, as a member of a reserve component of the armed forces of the United States or the national guard in recognition of a contingency operation is entitled, while on such active military duty, to special leave with partial pay during the period of active duty; provided, however, that the special leave with partial pay must not exceed one (1) year.
(c)
The commissioner of the department of human resources and the commissioner of the department of finance and administration may establish such policies as are necessary to implement and administer this section.
Added by 2024 Tenn. Acts, ch. 847,s 1, eff. 5/1/2024.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-201 - Organization of state headquarters - Army division - Air division

The state headquarters of the national guard is hereby organized and divided into an army division and an air division, with an officer whose rank shall be designated by the governor as the head of each division; provided, that no such officer's rank shall be higher than major general. The head of the army division shall be designated as assistant adjutant general for army, and the head of the air division shall be designated as assistant adjutant general for air. The governor is further authorized to appoint for the army division or the air division a deputy assistant adjutant general; provided, that no such officer's rank shall be higher than brigadier general. Such officer shall serve at the pleasure of the governor and shall perform military duties as assigned by the adjutant general.
Acts 1970, ch. 596, § 16; T.C.A., § 7-117; Acts 1993, ch. 158, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-202 - Organization and training - Laws and regulations of United States

The national guard shall be organized, armed, disciplined, governed, administered, and trained as prescribed by parts 1, 2 and 4-6 of this chapter and the regulations issued thereunder; provided, however, that the governor shall conform the organization of the national guard to the organization prescribed by the laws of the United States and the lawful regulations promulgated pursuant thereto. To that end, the governor is hereby authorized to organize, reorganize or disband any unit, headquarters or staff therein, to increase or decrease the number of commissioned officers, warrant officers and noncommissioned officers of any grade therein and to increase or decrease the strength of the national guard.
Acts 1970, ch. 596, § 17; T.C.A., § 7-118.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-203 - Army national guard

The land force of the national guard shall be the army national guard and shall comprise the army units which are a part of the national guard on March 2, 1970, and such other army units as may be organized hereafter, including the personnel who are enlisted, appointed or commissioned therein; provided, that all persons who are members of the army national guard shall be federally recognized as such.
Acts 1970, ch. 596, § 18; T.C.A., § 7-119.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-204 - Air national guard

The air force of the national guard shall be the air national guard and shall comprise the air units which are a part of the national guard on March 2, 1970, and such other air units as may be organized hereafter, including the personnel who are enlisted, appointed or commissioned therein; provided, that all persons who are members of the air national guard shall be federally recognized as such. The light aviation units of the army national guard shall not be considered air units within the meaning of parts 1, 2 and 4-6 of this chapter.
Acts 1970, ch. 596, § 19; T.C.A., § 7-120.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 2 - NATIONAL GUARD (§§ 58-1-201 — 58-1-236) › Section 58-1-205 - Assemblies, annual training and other duty

(a)
Members and units of the national guard shall assemble for such drill, or other equivalent training, instruction or duties during each year and shall participate in such field training, encampments, maneuvers, schools, conferences, or other similar duties each year as may be ordered by competent authority; provided, that no assembly of any unit of the national guard shall be ordered in time of peace for any day during which a state or federal election shall be held, except in case of disaster, riot, attack, invasion or insurrection or imminent danger thereof.
(b)
Members of the national guard, with their consent, may be ordered by the governor, or under the governor's authority, to perform special duty, including, but not limited to, duty, as a member of, or in any other capacity with, any military board, or as an investigating officer or medical examiner.
Acts 1970, ch. 596, § 20; T.C.A., § 7-121.