reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-110 - Fees lost by escape of prisoner - Exception

(a)
No sheriff, jailer or other officer charged with the custody of the prisoner is entitled to any allowance for keeping or removing the prisoner, if the prisoner escapes from the custody of the sheriff or jailer, or from the officer during removal.
(b)
(1)
Where prisoners make their escape from jail by means of force, stratagem or other fraudulent device, and reasonable care and diligence were used by the jailer to prevent the escape, or to secure the prisoner or prisoners in jail, the jailer shall be entitled to fees as jailer; provided, that it shall be clearly made to appear to the satisfaction of the judge of the circuit or criminal court in the county where the escape was made or the cause pending, that the escape was effected in the manner and under the circumstances aforementioned, and that the jailer had used the proper efforts on the jailer's part to recover the prisoner or prisoners.
(2)
In all cases falling within this subsection (b), it is the duty of the judge to certify the claim for payment as in other bills of cost, and the sheriff or other officers having custody of the prisoner or prisoners shall have all the benefits of this subsection (b).
Code 1858, § 5564; Acts 1859-1860, ch. 83, §§ 1-3; Shan., §§ 7586-7588; Code 1932, §§ 12214-12216; T.C.A. (orig. ed.), §§ 40-3310, 40-3311.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-111 - Payment for transporting prisoners - Limitation on charges

(a)
The sheriff or other officer, conveying an inmate to the penitentiary, shall make out an account in writing, stating the number of miles on the usual route from the place of conviction to the penitentiary, the number of guards necessarily employed to ensure the safe conveyance of the inmate, and the distance each of the guards may have traveled, and make oath to the truth of the account before the warden of the penitentiary, or any judge, who shall certify the fact.
(b)
Upon presentation of the account thus sworn to and certified, the director of accounts shall issue a warrant for the amount, as in other cases, if satisfied of the correctness of the account.
(c)
It is the duty of the sheriff to carry to the penitentiary, at the same time, all inmates in the sheriff's custody, at that time sentenced to the penitentiary, and the sheriff shall not be entitled to charge for more than one (1) trip.
Code 1858, §§ 5589-5591 (deriv. Acts 1831, ch. 86, §§ 1, 4, 5; 1833, ch. 29); Shan., §§ 7630-7632; Code 1932, §§ 12259-12261; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12260; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 40-3312, 40-3314.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-112 - Limitation on sheriff's fees

The sheriff and guard shall be entitled to no other compensation than that which is allowed by this code.
Code 1858, §5592; Shan., § 7633; Code 1932, § 12262; T.C.A. (orig. ed.), § 40-3313.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-113 - Certification of items in bill of costs

(a)
It is the duty of the clerk of the court in which a criminal action has been tried, or costs accrued, to examine bills of costs. The court may also hear testimony in regard to the items, if necessary, and, if the charges are legal and duly proved, to certify the fact thereon.
(b)
In making such certificate, the clerk of the court shall certify the aggregate amount of each bill of cost, writing the aggregate amount in both words and figures, and no bill of cost shall be paid unless so certified.
Code 1858, § 5571 (deriv. Acts 1827, ch. 48, § 1; 1832, ch. 7); Acts 1897, ch. 29, § 1; Shan., § 7598; Code 1932, §12225; modified; T.C.A. (orig. ed.), §40-3315; Acts 1983, ch. 396, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-114 - Discretion of court

The court has also discretion in controlling the taxation of costs, and in no case shall the state or county be charged therewith, unless the court so order, specifying in the order the officers and witnesses whose costs are to be taxed, together with the amount due each.
Code 1858, § 5572 (deriv. Acts 1827, ch. 48, § 1); Shan., § 7599; Code 1932, §12226; T.C.A. (orig. ed.), § 40-3316.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-115 - Certification of jury expenses in misdemeanor cases

(a)
The expenses of keeping a jury in any misdemeanor case in which the county may eventually become liable, may, in the discretion of the court, be certified, upon the adjournment of the court, to the judge of the general sessions court, who shall issue a warrant for the jury expenses to any person authorized to receive it; provided, that all persons having bills against the county shall first make oath before the clerk of the circuit or criminal court that the bills are true and correct, and the clerk shall affix the clerk's certificate thereto.
(b)
All the bills shall then be read and presented in open court to the judge and the district attorney general, for their inspection and allowance, if correct.
(c)
The clerk of the court shall be required to enter the amounts of the bills as may be so approved and allowed, upon the minutes of the court, and shall certify the amounts of the bills in writing on the face of each original bill, attach the seal of the clerk's office, and forward the bill to the proper authorities for payment, for which the clerk shall receive a fee of fifty cents (50¢), to be paid by the party to whom the bill belongs.
Acts 1859-1860, ch. 6, § 2; 1885 (Ex. Sess.), ch. 11, § 1; Shan., § 7607; mod. Code 1932, § 12234; T.C.A. (orig. ed.), § 40-3317.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-116 - Certificate required for payment

The judge of the general sessions court shall not issue warrants for any accounts for boarding juries until the bill shows on its face that all of the requirements of §
40-25-115
have been satisfied.
Acts 1885 (Ex. Sess.), ch. 11, § 2; Shan., § 7608; Code 1932, §12235; T.C.A. (orig. ed.), § 40-3318.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-117 - Refund of expenses collected from defendant

If the costs are afterwards collected from the defendant or the defendant's sureties, they shall be turned over to the trustee of the county, by the clerk of the court, as fines are remitted.
Acts 1885 (Ex. Sess.), ch. 11, § 3; Shan., § 7609; mod. Code 1932, § 12236; T.C.A. (orig. ed.), § 40-3319.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-118 - Certification of fees for boarding juries and prisoners under indictment

In all felony cases, after indictment is found, in which the state may eventually become liable, the clerk of the court shall certify at the adjournment of each term of the court, all fees of the sheriff for board of the prisoners; and also the fees for boarding the juries in cases in which there has been no final disposition.
Acts 1893, ch. 138, § 1; Shan., § 7623; Code 1932, § 12252; T.C.A. (orig. ed.), § 40-3320; Acts 1983, ch. 418, § 6.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-119 - Contents of bill of fees

All of the fees may be made out in one (1) bill, but each case shall show the date of indictment, the date of commitment, the date or dates of boarding the jury, the rate charged for boarding the jury, up to what date judgment has been given for the costs, and of all previous dispositions of any previous court in the case or cases.
Acts 1893, ch. 138, § 2; Shan., § 7624; Code 1932, § 12253; T.C.A. (orig. ed.), § 40-3321.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-120 - Taxation of final costs to state

If, on the final disposition of the case, the state is held liable for the costs, the clerk shall tax only the difference between the amount previously collected and the amount due to date of final disposition.
Acts 1893, ch. 138, § 3; Shan., § 7625; mod. Code 1932, § 12254; T.C.A. (orig. ed.), § 40-3322.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-121 - Collection and refund of costs for which state not liable

In the event the court does not hold the state liable for the costs in any cases when finally disposed of, it is the duty of the clerk to include all of the costs previously paid by the state on this account in the clerk's executions and the clerk's bill of costs, and to collect and refund the same to the state, in the same manner as the clerk is required by law to pay over state revenue.
Acts 1893, ch. 138, § 4; Shan., § 7626; Code 1932, § 12255; T.C.A. (orig. ed.), § 40-3323.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-122 - Seal not required on certificates

It is not necessary for a clerk to affix the seal of the clerk's court to the certificate to the bill of costs in criminal prosecutions.
Acts 1866-1867, ch. 36, § 7; Shan., § 7595; Code 1932, §12222; T.C.A. (orig. ed.), § 40-3324.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-123 - Payment of costs by defendant - Suspension of costs and litigation tax for indigent defendants

(a)
A defendant convicted of a criminal offense shall pay all the costs that have accrued in the cause.
(b)
Notwithstanding any law to the contrary, the presiding judge of a court of general sessions may suspend the court costs and the litigation tax as required by §§
67-4-602
- 67-4-606, for any indigent criminal defendant, as in the presiding judge's opinion the equities of the case require.
(c)
(1)
Notwithstanding any law to the contrary, a general sessions or criminal court judge may either:
(A)
Suspend the court costs and litigation tax as required by §§
67-4-602
- 67-4-606, for any indigent criminal defendant, as in the judge's opinion the equities of the case require; or
(B)
Upon the application of an indigent defendant, refer the defendant to the program described in subdivision (c)(2) if the county legislative body has voted to approve such program. Upon certification of the court clerk that the defendant has successfully completed the requirements of subdivision (c)(2), the judge may suspend the court costs and litigation tax as required by §§
67-4-602
- 67-4-606, for any indigent criminal defendant, as in the judge's opinion the equities of the case require.
(2)
(A)
The court clerk for a general sessions or criminal court may, in the clerk's discretion, submit a request in writing to the county legislative body to implement a program of community service for indigent criminal defendants in lieu of full payment of court costs and litigation taxes. A county legislative body receiving such request shall vote, within thirty (30) days, whether to approve the request. If a county legislative body votes to approve the request pursuant to this subdivision (c)(2)(A), then the clerk may implement the program.
(B)
Upon referral pursuant to subdivision (c)(1)(B), the clerk may determine whether the defendant qualifies for the program based upon the guidelines adopted by the clerk. The guidelines may include evaluation of the defendant's ability to pay the court costs and litigation taxes. The clerk may remove the defendant from the program at any time due to failure to comply with the program guidelines. The number of applicants accepted and the duration and continuation of the program shall be at the discretion of the clerk. Participation in the community service program established by this subdivision (c)(2) shall not operate to stay a revocation of a license pursuant to §
40-24-105(b)
; nor shall participation in the program operate to stay collection activity pursuant to §
40-24-105(d)
for any of the defendant's cases not approved for inclusion by the clerk.
Amended by 2018 Tenn. Acts, ch. 884, s 1, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 542, s 1, eff. 3/9/2018.
Amended by 2016 Tenn. Acts, ch. 675, s 1, eff. 3/29/2016.
Code 1858, § 5583 (deriv. Acts 1813, ch. 136, § 2); Shan., § 7617; Code 1932, § 12244; T.C.A. (orig. ed.), § 40-3325; Acts 1998, ch. 806, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-124 - Costs where several defendants

It is the duty of the district attorney general to include in one (1) bill of indictment or presentment all persons engaged in the same offense, and the costs shall be taxed as one (1) suit, unless the defendants sever in their trial, and, in that event, the costs are taxed as two (2) or more suits, according to the nature of the case.
Code 1858, § 5568 (deriv. Acts 1843-1844, ch. 215, § 11); Shan., §7592; Code 1932, § 12219; modified; T.C.A. (orig. ed.), § 40-3326.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-125 - Costs on peace warrant

Upon the trial of a person who has been arrested on a warrant to keep the peace, and bound over for appearance at court to answer the charge, the court may, at its discretion, order the person, or the person at whose instance the warrant was taken out, to pay the costs.
Code 1858, § 5584 (deriv. Acts 1835-1836, ch. 59, § 1); Shan., §7618; Code 1932, § 12245; T.C.A. (orig. ed.), § 40-3327.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-126 - Taxing of costs of malicious or frivolous prosecution

(a)
When the defendant is discharged upon the examination, or acquitted in any criminal prosecution for a public offense, and the court is of opinion that the prosecution was malicious or frivolous, the prosecutor may be taxed with all the costs.
(b)
This section extend to trials before judges of general sessions courts, by whom the prosecutor may, in like manner and under like circumstances, be taxed with all the costs.
Code 1858, §§ 5579, 5580 (deriv. Acts 1794, ch. 1, § 76; 1807, ch. 24, § 1; 1851-1852, ch. 70, §§ 1, 2); Shan., §§ 7611, 7612; Code 1932, §§12239, 12240; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-3328.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-127 - Taxing of costs on abandonment of prosecution

If any person commences a criminal prosecution against any individual, either by warrant from a judge of the general sessions court, or otherwise, and shall afterwards willfully abandon the criminal prosecution, the court having jurisdiction of the cause shall have power to tax the prosecutor with the costs.
Acts 1871, ch. 19, § 1; Shan., § 7613; Code 1932, §12241; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-3329.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-128 - Taxing prosecutor where defendant has made settlement

In all cases of embezzlement and fraudulent breach of trust, where it appears to the court that the defendant has made settlement before the time of trial, and the prosecutor fails to attend and prosecute, the court shall tax the prosecutor with all costs of the case.
Acts 1903, ch. 300, § 1; Shan., § 7613a1; Code 1932, § 12242; T.C.A. (orig. ed.), § 40-3330.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-130 - Circumstances when state or county liable

The state, or the county in which the offense was committed or is triable, according to the nature of the offense, pays the costs accrued on behalf of the state, and for which the state or county is liable under §
40-25-129
, in the following cases, when:
(1)
The defendant is acquitted by a verdict of the jury upon the merits;
(2)
The prosecution is dismissed, or a nolle prosequi entered by the state;
(3)
The action has abated by the death of the defendant;
(4)
The defendant is discharged by the court or magistrate before indictment preferred or found, or after indictment and before verdict; or
(5)
The defendant has been convicted, but the execution issued upon the judgment has been returned "nulla bona" or where the court hearing the case has made a finding at any evidentiary hearing that the defendant is indigent and remains indigent at the time of conviction.
Code 1858, § 5585 (deriv. Acts 1813, ch. 137 (136 in Scott's Revisal), §§ 2, 3, 5; 1832, ch. 8, § 2; 1837-1838, ch. 141, § 1; 1853-1854, ch. 38, § 1; 1853-1854, ch. 72, §2); Acts 1885 (Ex. Sess.), ch. 14; 1897, ch. 20, § 1; Shan., § 7619; Code 1932, §12247; Acts 1980, ch. 625, § 2; T.C.A. (orig. ed.), § 40-3332.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-131 - State liability

(a)
The costs that have accrued in any criminal prosecution for offenses punishable with death or by confinement in the penitentiary, in cases accruing under §
40-25-130(1), (3) and (5)
, shall be paid by the state.
(b)
The state shall also pay the accrued costs in all criminal prosecutions for offenses punishable with death or by confinement in the penitentiary where the accused shall have been convicted by trial or by guilty plea. In those cases where the accused receives concurrent sentences, the state shall not be liable to pay the costs in more than three (3) of the prosecutions where concurrent sentences are given.
Code 1858, § 5586; Acts 1891 (Ex. Sess.), ch. 22, § 1; Shan., § 7620; Code 1932, § 12248; Acts 1970, ch. 461, § 1; T.C.A. (orig. ed.), § 40-3333.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-132 - County liability

(a)
Similar costs in criminal prosecutions for offenses punishable in any other way than by death or confinement in the penitentiary, also similar costs in criminal prosecutions for offenses punishable with death or confinement in the penitentiary, in cases accruing under §
40-25-130(2) and (4)
, shall be paid by the county.
(b)
(1)
Notwithstanding this section or any other law to the contrary, a county shall not be liable for payment of costs that have accrued in any criminal prosecution for a misdemeanor offense or prosecution for a felony offense if the conviction offense is a misdemeanor where the conviction resulting from the prosecution is reversed on appeal. In all these cases, the state shall be liable for the accrued costs.
(2)
As used in this subsection (b), "misdemeanor" and "felony" have the same meanings as set out in §
39-11-110
.
Code 1858, § 5587; Acts 1891 (Ex. Sess.), ch. 22, § 2; Shan., § 7621; Code 1932, § 12249; T.C.A. (orig. ed.), § 40-3334; Acts 1995, ch. 385, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-133 - Costs included

What is meant by costs in §§
40-25-131
and
40-25-132
is all costs accruing under existing laws on behalf of the state or county, as the case may be, for the faithful prosecution and safekeeping of the defendant, including the cost of boarding juries and that of the jailer; but nothing in this or those sections shall be so construed as to require the state to pay any cost for guarding the jail to prevent mob violence, or to prevent rescue or the prisoner's escape, or for transporting to any other county for safekeeping on any account whatever, but the same shall be paid by the county in which the crime was committed or claimed to have been committed.
Acts 1891 (Ex. Sess.), ch. 22, § 3; Shan., § 7622; Code 1932, §12250; T.C.A. (orig. ed.), § 40-3335.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-134 - Judgment for costs

The judgment for costs may be rendered at the time of conviction, or, upon motion, at any time subsequent to conviction, and execution awarded accordingly.
Code 1858, §5578; Shan., § 7610; Code 1932, § 12237; T.C.A. (orig. ed.), § 40-3336.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-135 - Remission and distribution of costs collected

(a)
In all cases where the jailer, sheriff, workhouse keeper or any person or officer, other than the clerk of the circuit or criminal court of any county, collects from a defendant or surety all or any part of the costs, fees, taxes and expense fees, shown upon the mittimus issued by any circuit, criminal or other court, the officer shall on or before the fifteenth day of the month immediately following the month during which the collections are made, report and remit the collections to the clerk of the criminal court in counties having a criminal court, and to the clerk of the circuit court in all other counties, and it is the duty of the clerk to distribute the costs, taxes and expense fees among the state, county and officers entitled to them.
(b)
All state taxes, district attorney general fees, expense fees, fines in felony cases and all costs which have been previously paid by the state to officers entitled thereto shall be reported by the clerk to the commissioner of revenue and paid to the state.
(c)
All county taxes, expense fees, fines in misdemeanor cases and costs that have been previously paid by the county shall be reported to the county mayor and paid to the county trustee.
(d)
All costs belonging to officers that have not been paid either by the state or county shall be paid to the officers entitled to the costs.
(e)
Where only a part of the whole of the fine, costs, taxes and expense fees is collected, that proportion that is collected shall be distributed to the state, county and officers in proportion to their respective interests in the whole amount originally due.
Acts 1921, ch. 116, § 1; Shan. Supp., § 7610a1; Code 1932, § 12238; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1978, ch. 934, §§16, 36; modified; T.C.A. (orig. ed.), §40-3342; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-136 - Certification of bills of costs against state or county

(a)
The costs chargeable to the state or county in criminal cases tried in criminal courts, circuit courts or general sessions courts shall be made out so as to show the specific terms, and be examined, entered of record, and certified to be correct by the clerk of the court or judge before whom the case was tried or by whom it was disposed.
(b)
The clerks of the courts are granted full power, and it is made their duty to examine into, inspect and audit all bills of costs, as above provided, accruing against the state or county, and disallow any part or all of the bills of costs that may be illegally or wrongfully taxed against the state or county.
Code 1858, § 5569 (deriv. Acts 1832, ch. 7, § 1); Acts 1891 (Ex. Sess.), ch. 22, § 4; Shan., § 7593; Code 1932, § 12220; Acts 1963, ch. 157, § 2; T.C.A. (orig. ed.), § 40-3343; Acts 1983, ch. 396, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-137 - Audit and payment of bills of costs

(a)
A copy of the judgment and bill of costs, certified by the clerk of the court, as provided in §
40-25-136
, shall be presented to the director of accounts, or county mayor, as the case may be, who, after the bills have been examined and approved by the clerk of the court, is granted full power, and it is the director's or county mayor's duty, to examine into, inspect and audit all bills of costs accruing against the state or county; and disallow any part of the bills of costs that may be illegally or wrongfully taxed against the state or county. The commissioner of finance and administration or county mayor may disallow any and all costs taxed against the state or county on account of malicious, frivolous or unnecessary prosecution, in the event the clerk of the court should, by mistake or otherwise, approve any of the bills.
(b)
After correcting and auditing the bills of costs, the commissioner, or county mayor as the case may be, shall issue a warrant for the amount, which shall be paid to the clerk or any other person authorized by the clerk, in writing, to receive the funds.
Code 1858, § 5570 (deriv. Acts 1827, ch. 36, § 6); Acts 1891 (Ex. Sess.), ch. 22, § 5; integrated in Shan., § 7594; Code 1932, § 12221; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12221; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1978, ch. 934, §§16, 36; modified; T.C.A. (orig. ed.), § 33-3344; Acts 1983, ch. 396, §3; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-138 - Warrants payable to person entitled to fees

The commissioner of finance and administration, in auditing bills of costs of state prosecutions, when, in the commissioner's judgment, it is expedient and proper to do so, may draw a warrant on the treasurer in favor of any of the parties interested in the bills of costs for the sum due the party, which warrant the commissioner shall send to the clerk of the court from which the bills were sent, and at the same time notify the clerk that the amount sent is all that was due the party in the bills. The clerk shall deliver the warrant to the party in whose favor it is drawn, as soon as called for, taking receipt for the same.
Acts 1867-1868, ch. 59, §§ 2, 3; Shan., §§ 7596, 7597; Code 1932, §§ 12223, 12224; impl. am. Acts 1937, ch. 33, §§24, 29; C. Supp. 1950, § 12223; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 40-3345.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-139 - Payments to correct errors on bills of costs

The state shall pay and refund to any county of the state any moneys that have been irregularly or otherwise paid, or that shall be irregularly or otherwise paid in connection with criminal prosecutions, by any county of the state, which should have been paid by the state, if the same had been adjudged, authenticated and presented for payment as provided by law, or any moneys that have been, or shall be paid, by any county to the state, to which the state is not entitled, or shall not be entitled in connection with criminal prosecution. If bills or claims for the moneys have been filed in the office of the commissioner of finance and administration, or shall be filed in the office of the commissioner of finance and administration, sworn to by the county mayor of the county, the comptroller of the treasury shall immediately have the claim or claims audited, and when the audit has been completed, the commissioner will draw a warrant or warrants on the state treasurer, in favor of the county, for so much and the parts of the claim or claims as shall be found correct by the auditors auditing the same, which warrants shall be payable out of the miscellaneous funds of the state treasury. No claim for moneys paid by the county on behalf of the state may be allowed where the claim is filed with the comptroller of the treasury more than six (6) years after the date of the payment by the county.
Acts 1935, ch. 74, § 1; impl. am. Acts 1937, ch. 33, §§ 24, 29; Acts 1941, ch. 112, §1; C. Supp. 1950, § 12249.1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §40-3346; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-140 - Felony cases transferred to federal court

(a)
In cases of the grade of felony, commencing in any of the courts of this state, and afterwards removed to the United States district courts, and there disposed of adversely to the state, the costs of the prosecution shall be paid by the state, as in cases determined in the state courts.
(b)
Sheriffs or other officers delivering prisoners from state to federal courts shall be allowed the same fees, and have the same guards and pay therefor, as is allowed for like services in state courts.
Acts 1882 (2nd Ex. Sess.), ch. 2, § 1; Shan., § 7627; Code 1932, § 12256; T.C.A. (orig. ed.), § 40-3347; T.C.A., §
40-25-141(b)
.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-141 - Misdemeanor cases transferred

When a misdemeanor case is transferred out of the county of origin to another county where the misdemeanor is disposed of, the county where the case originated shall pay the costs.
Acts 1882 (2nd Ex. Sess.), ch. 2, § 1; Shan., § 7628; Code 1932, § 12257; T.C.A. (orig. ed.), § 40-3348.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-142 - Payment to federal authorities

The costs in §§
40-25-140
and
40-25-141
shall be paid upon warrant of the commissioner of finance and administration, or county mayor, as the case may be, which warrant shall be issued upon properly authenticated and itemized bills of costs certified by the United States district attorney and judge holding the federal court, in the same manner as other similar costs are paid by the state or counties.
Acts 1882 (2nd Ex. Sess.), ch. 2, § 2; Shan., § 7629; Code 1932, § 12258; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12258; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1978, ch. 934, §§16, 36; T.C.A. (orig. ed.), §40-3349; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-143 - Collecting from inmate trust fund account

(a)
The department of correction shall have the authority to collect from the inmate trust fund account of any defendant in its custody those moneys necessary to satisfy any unpaid costs that have been imposed upon the defendant.
(b)
When the state has paid the costs in a case accruing under §
40-25-130(5)
, and the defendant is in the custody of the department of correction, the department shall have the authority to collect from the inmate trust fund account of the defendant those moneys necessary to reimburse the state for the payment of the costs. Any amount so collected shall be deposited in the state general fund.
Acts 2001, ch. 108, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 25 - FEES OF OFFICERS (§§ 40-25-101 — 40-25-144) › Section 40-25-144 - Filing deadline for claims against the state for payment of costs. [See Compiler's Notes for information regarding repeal of 2017 amendment.]

(a)
No claim against the state for payment of costs under this chapter shall be paid unless the claim is submitted to the department of correction within six (6) months from the date of entry of the judgment of conviction.
(b)
[Repealed effective June 30, 2019.]
However, for good cause shown, the commissioner of correction, or the commissioner's representative, may extend this limitation period for an additional six (6) months.
2018 Tenn. Acts, ch. 561, s 1, eff. 6/30/2019.
2017 Tenn. Acts, ch. 85, s 1, eff. 7/1/2017.
Acts 2014 , ch. 582, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 26 - APPEAL (§§ 40-26-101 — 40-26-105) › Section 40-26-101 - Commencement of term pending appeal

In all criminal cases appealed to the supreme court from the circuit and criminal courts, where the judgment of the court is for less penalty than death or imprisonment for life, and the defendant is in actual confinement in jail, when no transcript or other statement of the evidence is filed in the time prescribed by law, in the circuit or criminal court the appeal shall not act as a supersedeas, and the defendant shall enter upon the term of service in the penitentiary or workhouse at once after the expiration of the time for filing the transcript or other statement of evidence.
Acts 1901, ch. 102, § 1; Shan., § 7222a1; Code 1932, § 11809; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3405.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 26 - APPEAL (§§ 40-26-101 — 40-26-105) › Section 40-26-102 - Bail in felony cases

(a)
In all felony cases where an appeal has been taken from the trial court to the appropriate appellate court, it is discretionary with the trial judge as to whether or not the trial judge will allow bail pending appeal where the sentence imposed provides for confinement in the state penitentiary.
(b)
The trial judge shall, in exercising the trial judge's discretion, consider whether or not the defendant is likely to flee or pose a danger to any other person or to the community.
(c)
Every trial judge denying bail under this section shall, as a part of the order denying bail, set forth the matters and facts impelling the trial judge to exercise the trial judge's discretion against the allowance of bail pending appeal.
(d)
The trial judge's action in the premises shall be reviewable by the proper appellate court or any appellate court judge or justice in the manner provided in the Tennessee Rules of Appellate Procedure.
(e)
The setting of bail or release upon recognizance is a matter of right for one convicted of a felony and sentenced to confinement for less than one (1) year. If another felony charge is pending when the sentencing hearing for a felony involving a sentence of less than one (1) year is completed, the decision to set bail shall be in the discretion of the court.
(f)
If a defendant is convicted of first degree murder, any Class A felony, aggravated robbery, aggravated sexual battery, aggravated kidnapping, or a violation of §
39-17-417(b) or (i)
, the trial court shall revoke bail immediately notwithstanding sentencing hearings, motions for a new trial, and related post-guilt determination hearings.
Acts 1951, ch. 7, § 1 (Williams, § 11651.1); 1974, ch. 734, § 1; 1976, ch. 774, § 2; 1978, ch. 578, § 1; 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3406; Acts 1992, ch. 851, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 26 - APPEAL (§§ 40-26-101 — 40-26-105) › Section 40-26-103 - Admission to bail by appellate court

In case the appropriate appellate court or any appellate court judge shall be of the opinion that under the circumstances stated by the trial judge the trial judge abused discretion in so denying bail, the appellate court or any appellate court judge may admit the person so convicted to bail pending the disposition of the appeal by the appellate court.
Acts 1951, ch. 7, § 1 (Williams, § 11651.1); 1976, ch. 774, § 3; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-3407.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 26 - APPEAL (§§ 40-26-101 — 40-26-105) › Section 40-26-104 - Bail in misdemeanor cases

In all misdemeanor cases, the judge or court shall direct the clerk of the circuit or criminal court to admit the defendant to bail in a sum prescribed by the judge or court, with sufficient sureties for defendant's appearance at the circuit or criminal court in which judgment was rendered against the defendant, at the next term after the decision of the cause by the supreme court, to answer the judgment of the court.
Code 1858, § 5249 (deriv. Acts 1851-1852, ch. 159, § 3); Shan., §7224; Code 1932, § 11811; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3408.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 26 - APPEAL (§§ 40-26-101 — 40-26-105) › Section 40-26-105 - Writ of error coram nobis

(a)
There is made available to convicted defendants in criminal cases a proceeding in the nature of a writ of error coram nobis, to be governed by the same rules and procedures applicable to the writ of error coram nobis in civil cases, except insofar as inconsistent herewith. Notice of the suing out of the writ shall be served on the district attorney general except in cases where a defendant has been sentenced to death, where notice shall be served on the attorney general and reporter. A judge does not have authority to order the writ to operate as a supersedeas. The court has authority to order the person having custody of the petitioner to produce the petitioner in court for the hearing of the proceeding.
(b)
The relief obtainable by this proceeding shall be confined to errors dehors the record and to matters that were not or could not have been litigated on the trial of the case, on a motion for a new trial, on appeal in the nature of a writ of error, on writ of error, or in a habeas corpus proceeding. Upon a showing by the defendant that the defendant was without fault in failing to present certain evidence at the proper time, a writ of error coram nobis will lie for subsequently or newly discovered evidence relating to matters which were litigated at the trial if the judge determines that such evidence may have resulted in a different judgment, had it been presented at the trial.
(c)
The issue shall be tried by the court without the intervention of a jury, and if the decision be in favor of the petitioner, the judgment complained of shall be set aside and the defendant shall be granted a new trial in that cause. In the event a new trial is granted, the court may, in its discretion, admit the petitioner to bail; provided, that the offense is bailable. If not admitted to bail, the petitioner shall be confined in the county jail to await trial.
(d)
The petitioner or the state may pray an appeal in the nature of a writ of error to the court of criminal appeals from the final judgment in this proceeding.
Amended by 2023 Tenn. Acts, ch. 182,s 5, eff. 4/28/2023.
Acts 1955, ch. 166, § 1; 1978, ch. 738, § 1; modified; T.C.A., §40-3411; Acts 2010 , ch. 652, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 27 - EXECUTIVE CLEMENCY (§§ 40-27-101 — 40-27-110) › Section 40-27-101 - Power of governor

The governor has power to grant reprieves, commutations and pardons in all criminal cases after conviction, except impeachment, subject to the regulations provided in this chapter.
Code 1858, §5252; Shan., § 7227; Code 1932, § 11814; T.C.A. (orig. ed.), § 40-3501.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 27 - EXECUTIVE CLEMENCY (§§ 40-27-101 — 40-27-110) › Section 40-27-102 - Conditions and restrictions - Warrants

The governor may grant pardons upon such conditions and with such restrictions and limitations as the governor may deem proper, and may issue warrants to all proper officers to carry into effect a conditional pardon.
Code 1858, §5261; Shan., § 7236; Code 1932, § 11842; Acts 1963, ch. 23, § 1; 1982, ch. 604, § 1; T.C.A. (orig. ed.), § 40-3502.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 27 - EXECUTIVE CLEMENCY (§§ 40-27-101 — 40-27-110) › Section 40-27-103 - Return of governor's warrant

The governor's warrant should be returned by the officer after its execution, with the officer's endorsement of the action, to the secretary of state, to be filed by the secretary of state with the other papers.
Code 1858, §5262; Shan., § 7237; Code 1932, § 11843; T.C.A. (orig. ed.), § 40-3503.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 27 - EXECUTIVE CLEMENCY (§§ 40-27-101 — 40-27-110) › Section 40-27-104 - Remission of imprisonment

The governor has the discretion to remit a portion of the imprisonment of a convict in the penitentiary upon the written recommendation of the board of parole.
Code 1858, § 5254; impl. am. Acts 1899, ch. 10, § 1; impl. am. Acts 1915, ch. 20, § 7; Shan., § 7229; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, §42; Code 1932, § 11820; impl. am. Acts 1937, ch. 276, § 2; C. Supp. 1950, § 11820; impl. am. Acts 1961, ch. 93, § 1; impl. am. Acts 1972, ch. 576, § 17; impl. am. Acts 1972, ch. 636, § 1; T.C.A. (orig. ed.), § 40-3504; Acts 1998, ch. 1049, § 22.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 27 - EXECUTIVE CLEMENCY (§§ 40-27-101 — 40-27-110) › Section 40-27-105 - Commutation of death penalty on application for pardon

Upon application for a pardon by a person sentenced to capital punishment, if the governor is of opinion that the facts and circumstances adduced are not sufficient to warrant a total pardon, the governor may commute the punishment of death to imprisonment for life in the penitentiary.
Code 1858, §§ 180, 5258 (deriv. Acts 1841-1842, ch. 55); Shan., §§ 232, 7233; Code 1932, §§ 174, 11839; T.C.A. (orig. ed.), § 40-3505.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 27 - EXECUTIVE CLEMENCY (§§ 40-27-101 — 40-27-110) › Section 40-27-106 - Commutation on certificate of supreme court

The governor may, likewise, commute the punishment from death to imprisonment for life, upon the certificate of the supreme court, entered on the minutes of the court, that in its opinion, there were extenuating circumstances attending the case, and that the punishment ought to be commuted.
Code 1858, §5259; Shan., § 7234; Code 1932, § 11840; T.C.A. (orig. ed.), § 40-3506.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 27 - EXECUTIVE CLEMENCY (§§ 40-27-101 — 40-27-110) › Section 40-27-107 - Record of reasons for clemency

The governor shall cause to be entered, in a book kept for that purpose, any reasons for granting pardons or commuting punishment, and preserve on file all documents on which the governor acted, and submit the same to the general assembly when requested.
Code 1858, §5253; Shan., § 7228; Code 1932, § 11819; T.C.A. (orig. ed.), § 40-3507.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 27 - EXECUTIVE CLEMENCY (§§ 40-27-101 — 40-27-110) › Section 40-27-108 - Restoration of citizenship on pardon of manslaughter

Any person convicted of the offense of manslaughter and pardoned by the governor is thereby restored to all the rights of citizenship to which the person was entitled previous to conviction.
Code 1858, § 5260 (deriv. Acts 1843-1844, ch. 13); Shan., § 7235; Code 1932, §11841; T.C.A. (orig. ed.), § 40-3508.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 27 - EXECUTIVE CLEMENCY (§§ 40-27-101 — 40-27-110) › Section 40-27-109 - Exoneration

(a)
After consideration of the facts, circumstances and any newly discovered evidence in a particular case, the governor may grant exoneration to any person whom the governor finds did not commit the crime for which the person was convicted. No person may apply for nor may the governor grant exoneration until the person has exhausted all possible state judicial remedies.
(b)
Exoneration granted pursuant to subsection (a) shall as a matter of law be unconditional, shall without application having to be made therefor expunge all records of the person's arrest, indictment and conviction, and shall automatically restore all rights of citizenship to the person.
(c)
(1)
The governor has the authority to review and reconsider any pardon the governor has previously granted for the purpose of determining whether the recipient of the pardon qualifies for and merits the granting of exoneration in lieu of a pardon. If the governor so determines, the governor shall have the authority to convert any pardon previously granted into exoneration as defined by this section.
(2)
Nothing in this section shall be construed as preventing the governor from granting exoneration to a person who applied for a pardon if the person qualifies under subsection (a) and if the governor determines the person merits exoneration.
Acts 1982, ch. 604, § 2; T.C.A., § 40-3509.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 27 - EXECUTIVE CLEMENCY (§§ 40-27-101 — 40-27-110) › Section 40-27-110 - Victims of Crime Executive Clemency Notification Act

(a)
This section shall be known and may be cited as the "Victims of Crime Executive Clemency Notification Act."
(b)
Prior to any reprieve, commutation, pardon, exoneration, or any other form of executive clemency being made public, the governor shall notify or cause to be notified the attorney general and reporter and the district attorney general of the judicial district in which the conviction occurred of the impending clemency action.
(c)
(1)
Prior to notice of the clemency action being made public, the district attorney general, through the victim-witness coordinator, shall notify the victim or victims of the offense for which the person is receiving clemency, or the victim's representative, of the impending grant of clemency.
(2)
If notice is required by this section, the district attorney general, through the victim-witness coordinator, shall contact the victim or victim's representative by telephone, electronic mail, facsimile or by other means intended to ensure that the victim receives immediate notification; provided, that the victim or victim's representative has provided the district attorney general's office with contact information necessary to accomplish such immediate notification.
Acts 2011, ch. 439, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 28 - PROBATION, PAROLES AND PARDONS (§§ 40-28-101 — 40-28-610) › Part 1 - GENERAL PROVISIONS (§§ 40-28-101 — 40-28-129) › Section 40-28-101 - Purpose - Application to clemency powers

(a)
The purpose of this chapter is to provide a system of probation and paroles to be liberally construed to the end that the treatment of persons convicted of crime shall take into consideration their individual characteristics, circumstances, needs and potentialities as revealed by a case study and that such persons shall be dealt with in the community by a uniformly organized system of constructive rehabilitation under probation supervision instead of in correctional institutions or under parole supervision when a period of institutional treatment has been deemed essential whenever it appears desirable in the light of the needs of public safety and their own welfare.
(b)
Nothing in §§
40-28-101
- 40-28-104 shall be construed in any way as intended to modify or abridge the clemency powers of the governor, as defined in §§
40-27-101
- 40-27-108.
Acts 1937, ch. 276, §§ 1, 2; 1949, ch. 18, §§ 1-3; mod. C. Supp. 1950, §§ 11818.1, 11818.2 (Williams, §§ 11843.1, 11843.2); Acts 1961, ch. 93, § 1; 1963, ch. 288, § 1; 1970, ch. 488, § 1; 1972, ch. 636, §§ 1-8; 1976, ch. 806, § 1(82); 1978, ch. 929, § 6; 1979, ch. 359, §§ 2-5, 7; impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts 1980, ch. 584, § 1; T.C.A. (orig. ed.), §§ 40-3601(1), (5).