2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 6 - TENNESSEE BUREAU OF INVESTIGATION (§§ 38-6-NEW — 38-6-207) › Part 1 - GENERAL PROVISIONS (§§ 38-6-NEW — 38-6-129) › Section 38-6-106 - Requests for investigative records - Background checks of appointees

(a)
Any request for investigative records by the governor, speaker of the senate, speaker of the house of representatives or supreme court chief justice shall be in writing and shall state specifically the reasons for such request. All such written requests shall be signed by the governor, speaker of the senate, speaker of the house of representatives or chief justice and not the governor's, speaker's or chief justice's agent or designee.
(b)
The governor, speaker of the senate, speaker of the house of representatives, and chief justice are authorized to request the director of the Tennessee bureau of investigation to conduct a background investigation concerning a person who has asked or agreed to be considered by the governor, speaker of the senate, speaker of the house of representatives, or chief justice for appointment to a position of trust and responsibility, including, but not limited to, positions relating to homeland security. Upon the request of the governor, speaker of the senate, speaker of the house of representatives, or chief justice, the director shall conduct the investigation and report the results to the governor, speaker of the senate, speaker of the house of representatives, or chief justice, either verbally or in writing, as the governor, speaker of the senate, speaker of the house of representatives, or chief justice may direct. The chair of the nominating commission appointed pursuant to §
38-6-101
may request a background investigation concerning a person who is under consideration by the nominating commission as a potential candidate for recommendation to the governor as a nominee for the position of director of the Tennessee bureau of investigation. The commission may contract with a law enforcement agency to conduct the investigation. The investigation must include fingerprinting of the applicant for a state and national criminal history background review. The law enforcement agency with which the nominating commission contracts shall report the results to the chair of the nominating commission, either verbally or in writing, as the chair of the nominating commission may direct.
(c)
All confidential information reported to the governor, speaker of the senate, speaker of the house of representatives or chief justice pursuant to subsection (b) shall remain confidential. Any background investigation requested by a nominating commission appointed pursuant to §
38-6-101
, and any background investigation delivered to the governor by the commission, shall be treated as confidential.
(d)
The commission appointed pursuant to §
38-6-101
is authorized to contract with a private entity for other services, including, but not limited to, recruiting and screening applicants. Names of applicants and related records shall remain confidential, except to the extent such records are received by the commission; provided, however, that background investigations, and information that would remain confidential pursuant to §
10-7-504
, if such applicants were employees of the state, shall remain confidential, even after receipt by the commission and the governor.
(e)
The authority granted by this section to the chief justice of the supreme court to request the Tennessee bureau of investigation to conduct background investigations is limited to investigations of persons applying or considered for the positions of:
(1)
Attorney general and reporter;
(2)
Clerk of the supreme court (appellate court clerk);
(3)
Administrative director of the courts;
(4)
Executive director, Tennessee lawyers' assistance program;
(5)
Chief disciplinary counsel, board of professional responsibility;
(6)
Executive director, Tennessee commission on continuing legal education and specialization; and
(7)
Executive director, Tennessee lawyers' fund for client protection.
(f)
The authority granted by this section to the speaker of the senate and speaker of the house of representatives to request the Tennessee bureau of investigation to conduct background investigations is limited to fifteen (15) requests per calendar year per speaker.
(g)
In addition to the authorization of the speaker of the senate and the speaker of the house of representatives to request the director of the Tennessee bureau of investigation to conduct a background investigation concerning persons under consideration for appointment to a position of trust and responsibility, the chair of any standing committee to which the governor's notice of appointment has been referred pursuant to §
17-4-102
shall be provided with a background investigation of any gubernatorial appointee to the position of judge of the supreme court, court of appeals, or court of criminal appeals whose appointment will be considered by the committee as provided in §
17-4-102
. The background investigation must include fingerprint submissions of the potential appointee to both the Tennessee bureau of investigation and federal bureau of investigation. The Tennessee bureau of investigation may contract with the federal bureau of investigation, another law enforcement agency, or another legally authorized entity to assist in the investigation. Any report provided to the chair of the committee shall be treated as a confidential record that is not open to public inspection.
(h)
Persons applying or being considered for the following positions of trust and responsibility must provide fingerprint submissions to the Tennessee bureau of investigation and federal bureau of investigation for a criminal history review:
(1)
A commissioner of a department of the executive branch;
(2)
A general counsel position at a department of the executive branch;
(3)
A pilot employed by the Tennessee department of transportation; and
(4)
Law enforcement personnel entrusted with the protection of the governor.
Amended by 2023 Tenn. Acts, ch. 433, s 3, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 433, s 2, eff. 5/11/2023.
Amended by 2023 Tenn. Acts, ch. 433, s 1, eff. 5/11/2023.
Amended by 2022 Tenn. Acts, ch. 977, Secs.s 1, s 2 eff. 5/3/2022.
Amended by 2016 Tenn. Acts, ch. 528, s 20, eff. 1/28/2016.
Acts 1980, ch. 636, § 14; T.C.A., § 38-506; Acts 1988, ch. 711, § 1; 2004, ch. 528, § 1; 2004, ch. 903, § 1; 2011 , ch. 395, §§ 1-4.